Cities Index.
Agenda packet

Santa Ana City Council
October 1, 2024

Document
Agenda packet
Meeting
October 1, 2024
Body
Santa Ana City Council
Pages
38
Original file
464.1 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

*Resource Name or #: Coselman-Motley House
B1. Historic Name: Coselman-Motley House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911.

October 22, 1926. Alterations.

September 14, 1929. Alterations.

October 21, 1943. Reroof.
*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 1880-1946 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 Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004).
(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:
*B14. Evaluator: Leslie J. Heumann
*Date of Evaluation: March 22, 2004
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Coselman House
424 South Broadway
City Council 23 – 113 10/1/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Leslie J. Heumann, SAIC *Date March 22, 2004 _ Continuation † Update DPR 523L
*B10. Significance (continued):

The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut.

Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirtyfour 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, “ Mr. [Martin] Heninger and his brother have erected 150 houses on the property” (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets.

The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees.

Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character-defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *B12. 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.

Santa Ana and Orange County Directories, 1901-1935.

Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921.

Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004.

City Council 23 – 114 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 1 -
Exhibit C
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 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 City Council 23 – 115 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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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.

City Council 23 – 116 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 424 South Broadway
Item Year Improvement
1 2024 Exterior paint; traditional Craftsman colors
2 2024 Repair all original windows to be fully functional as needed through the following:
replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows.
3 2024 New front yard landscaping and walkways in era-appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding
7 2026 Repair cracks in foundation
8 2026 Seismic retrofit of foundation, brace and bolt
9 2027 Update electrical systems throughout
10 2027 Update plumbing system throughout
11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance
13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building’s structural integrity.

City Council 23 – 117 10/1/2024
Planning and Building Agency
Item # c
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 15, 2024 – Special Meeting
Topic: HPPA No. 2024-06 – The Coselman-Motley House (424 South Broadway)

RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Kevin Kajikawa and Jonathan Melendez for the property located at 424 South Broadway, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).

EXECUTIVE SUMMARY
Kevin Kajikawa and Jonathan Melendez are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 424 South Broadway that is currently listed on the Santa Ana Register of Historical Properties.

DISCUSSION
Project Location and Site Description
The subject property, known as the Coselman-Motley House, consists of an existing oneand-a-half story Craftsman bungalow style residence that is approximately 2,561 square feet in size on a 7,066-square-foot residential lot (Exhibit 2). The Coselman-Motley House was added to the Santa Ana Register of Historical Properties (“Register”) in 2004, categorized as “Key.”
Analysis of the Issues
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. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives 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 City Council 23 – 118 10/1/2024
HPPA No. 2024-06 – The Coselman House (424 South Broadway) July 15, 2024

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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 alterations to the property In 2004, the Historic Resources Commission placed the Coselman-Motley House on the Register and within the “Key” category for its distinctive architectural style and quality as an example of Craftsman styling. Character-defining exterior features of the Cooper House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports).

In 2024, a residential alteration application was approved by the Planning staff for the following modifications addressing a notice of violation: rebuild front entrance and south entrance porch steps in wood material, and rebuild six (6) new concrete piers to match existing with four (4) at the primary entrance and two (2) at the south side entrance. The application also included a new side yard fence at the north and south property lines. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2024 site visit that all aforementioned items were implemented to staff’s satisfaction at the subject property.

Additional future improvements proposed by the homeowners during the initial ten years of the Mills Act Agreement include exterior painting, repair all original windows to be fully functional, install front yard fence, landscape improvements, front door replacement with period-appropriate style, rain gutter installation, siding and foundation repairs, seismic retrofit, electrical and plumbing upgrades, reroof, and termite work. Specifically, some windows are currently in poor condition and will be repaired with new window pull ropes and window panes, as well as exterior wood rot repair and weatherproofing, to become fully functional. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.

As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.

Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

City Council 23 – 119 10/1/2024
HPPA No. 2024-06 – The Coselman House (424 South Broadway) July 15, 2024

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ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-18, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,005.08 annually, for a period of not less than ten years.

EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 424 South Broadway
4 - Action Minutes HRC (424 South Broadway)
Submitted By:

Andrea Heywood, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 120 10/1/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 424 South Broadway, 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 owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 424 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. City and 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 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.

City Council 23 – 121 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 2 -
E. Owner and 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 September 18, 2024, 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:
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 characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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.

City Council 23 – 122 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 3 -
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 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 C, and incorporated herein by this reference. Owner 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 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 alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.

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.

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 City Council 23 – 123 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 4 -
Owner have breached any of the conditions of this Agreement, or has 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 ½) 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 immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.

City Council 23 – 124 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 5 -

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon 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, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.

8. No Compensation.

Owner shall not receive any payment from 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 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Kevin Kajikawa and Jonathan Melendez
424 South Broadway
Santa Ana, CA 92701
City Council 23 – 125 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 6 -

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, agent, 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'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 City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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, with venue in Orange County.

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.

City Council 23 – 126 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 7 -

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 23 – 127 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
OWNERS
Date: ______________________ By:_________________________

KEVIN KAJIKAWA
Date: ______________________ By:_________________________

JONATHAN MELENDEZ
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 128 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOT FOUR (4) IN BLOCK “A”, OF HENINGER’S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 398-282-17
City Council 23 – 129 10/1/2024
SITE
HPPA-2024-06
424 SOUTH BROADWAY

COSELMAN-MOTLEY HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
City Council 23 – 130 10/1/2024
HPPA-2024-06
The Coselman-Motley House
424 South Broadway

SITE PHOTOS
EXHIBIT 3
City Council 23 – 131 10/1/2024

ACTION MINUTES OF THE

HISTORIC RESOURCES COMMISSION

OF THE CITY OF SANTA ANA
May 6, 2004
CALLED TO ORDER 4:39 P.M.

City Hall Ross Annex
First Floor Conference Room 1600
20 Civic Center Plaza, Santa Ana, California
ATTENDANCE: COMMISSIONERS PRESENT:

Paul Giles, Chairman
Phillip Schaefer, Vice Chairman
Carlos Bustamante
Philip Chinn
Rita Corpin
James Gartner
Rose Anne Kings
Tom Lutz
BlairO'Callaghan
STAFF PRESENT: Jay Trevino, Planning Manager
Kylee Otto, Deputy City Attorney
Hally Soboleske, Assistant Planner ll
Martha Ramirez, Recording Secretary

CONSENT CALENDAR
A. MINUTES
RECOMMENDATION:

Approve the minutes of the regular meeting of April 1, 2004.

B. COMMISSION SECRETARY REPORT
RECOMMENDATION:

Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act and the Maddy Act, the April 1, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on March 29, 2004 at 8:28 a. m.

Motion:

Approve the staff recommendations on the Consent Calendar.

MOTION: O'Callaghan SECOND: Schaefer
AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (9)
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
END OF CONSENT CALENDAR"`
Historic Resources Commission Minutes 1 May 6, 2004
City Council 23 – 132 10/1/2024

BUSINESS CALENDAR

BUSINESS CALENDAR
C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) None noted
D.

HISTORIC SURVEYS Ily
Hally Soboleske presented an overview of the conferenoe highlighting the features of the surveys and indicated that Santa Ana ranked high in comparison to other cities. Noted the need within our system to run queries/reports using access data base format.

Commission discussion ensued with inquiries about film scouting in Santa Ana. Staff indicated the City of Santa Ana's Register of Historic Property documentation has been sent to the California Historical Resources Information System (CHRIS) for statewide cataloging.

A suggestion was made that information regarding the Orange County Film Commission should be included with homeowner'spackets.

ITEM E TAKEN OUT OF ORDER (moved to Council Chambers)
E. AWARDS FOR OUTSTANDING HISTORIC PRESERVATION PROJECTS Paul Giles/Hally Soboleske)
Filed by the City of Santa Ana to recognize outstanding achievement in the areas of Restoration, Rehabilitation, Merit, and Historic Infill Design.

RECOMMENDATION:

Announce the Outstanding Historic Preservation Projects.

Award recipients:

Restoration: Old City Hall, 217 North Main Street
DGWB Ventures, LLC and Nestor/Gaffney Architects
Award of Merit: " Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society
Project Leaders: Guy Ball, Tim Rush, and Catherine Cate

WORK STUDY SESSION
F
Paul Giles)
Commission agreed that Landmark and Key properties should be protected and designated.

Owners opposing the designation may appeal to the City Council. Owners of properties eligible as Contributive should be well informed and then come to Commission with reasons for opposition. Commission policy would allow reconsideration of designation of these types of properties if owners object to listing; the owners must provide substantive objections and/or evidence of non-eligibility.

G. RECESS TO COUNCIL CHAMBERS - 5:11 PM
Historic Resources Commission Minutes 2 May 6, 2004
City Council 23 – 133 10/1/2024

CITY HALL COUNCIL CHAMBERS

CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA.

SANTA ANA, CALIFORNIA
May 6, 2004
u
ROLL CALL 5:15 P.M.

Same members present

PLEDGE OF ALLEGIANCE TO THE FLAG

PROCEDURAL RULES

ITEM E TAKEN OUT OF ORDER
E.

I Giles/Hally Soboleske)
Hally Soboleske presented an overview of the award-recipient projects. Chairman Giles made award presentations. He announced the May 8 Walking Tour in Santa Ana.

Award recipients:

Restoration: Old City Hall, 217 North Main Street
DGWB Ventures, LLC and Nestor/Gaffney Architects
Award of Merit: " Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society
Project Leaders: Guy Ball, Tim Rush, and Catherine Cate Chairman Giles opened the public hearing.

Public present: Joann Ramirez, Santa Ana Historical Preservation Society commemorated the recipients and announced the "Protecting America'sTreasures" noon tour, also noted Commissioner Chinn will be tour guide at the Waffle House.

Chairman Giles closed the public hearing.

PUBLIC HEARINGS
0 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2004-02, -03 AND 2004-05 AND HISTORIC REGISTER CATEGORIZATION NOS. 2004-02, -03, AND 2004-05 jConfinued by Hisforic Resources Commission: February 5, 2004 to May 6, 2004) Melanie McCann)
Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties.
214 East Santa Clara Avenue 3/3 McGowan House Landmark
1905 North Valencia Street (5/5) F. B. Elliot House Key

RECOMMENDATION

1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004- 02, -03 and 2004-05.

2. Adopt a resolution approving Historic Register Categorization Nos. 2004-02, -03, and 2004-05.

Historic Resources Commission Minutes 3 May 6, 2004
City Council 23 – 134 10/1/2024
Melanie McCann presented the staff report and addressed Commission questions.

Melanie McCann presented the staff report and addressed Commission questions.

Chairman Giles opened the public hearing
No public comments made.

Chairman Giles closed the public hearing.

Commission discussion ensued regarding inclusion of tree descriptions.

Motion to:

1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-02, -03 and 2004-05.

2. Adopt a resolution approving Historic Register Categorization Nos. 2004-02, -03, and 2004-05.

3. Receive F. B. Elliot House owner'sletter addressed in February 2004 stating objection to listing on the Historical register (Exhibit 1). Staff indicated the owner was informed about May 2004 hearing and they did not respond.

MOTION: Kings SECOND: Corpin
AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (g)
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0}

2. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2004-31 THROUGH 2004- 35 AND 2004-37 AND HISTORIC REGISTER CATEGORIZATION NOS. 2004-31 THROUGH 2004-35 AND 2004-37 ( Lynnette Perry)
Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties.

RECOMMENDATION:

1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-31 through 2004-35 and 2004-37.

2. Adopt a resolution approving Historic Register Categorization Nos. 2004-31 through 2004-35 and 2004-37.

Lynnette Perry presented staff report and addressed Commission questions. Ms. Perry noted that two properties structure names were duplicated. Recommendation was made to change name on existing houses for 410 South Broadway (Spencer House (2)) and 624 South Birch Street (A. Armstrong House).

Commission discussion continued regarding exterior alterations and Mills Act.

Chairman Giles opened the public hearing.

Public present: Gary Bittner spoke in support of resolution approval.

Historic Resources Commission Minutes 4 May 6, 2004
City Council 23 – 135 10/1/2024
Chairman Giles closed the public hearing.

Chairman Giles closed the public hearing.

Commissioner Kings recommended that the presence of permitted exterior alterations to historic properties be included in the DPR form for consideration of classification prior to recordation.
r.

Motion to:

7. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-37 through 2004-35 and 2004-37.

2. Adopt a resolution approving Historic Register Categorization Nos. 2004-37 through 2004-35 and 2004-37.

3. Accept staffrecommendation to rename the Spencer House to Spencer House (2) and the Armstrong House to A. Armstrong House.

MOTION: Bustamante SECOND: Lutz
AYES: Bustamante, Chinn, Corpin Gartner, Gilles, Kings, Lutz, O'Callaghan, Schaefer (g)
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)

3. Public Comments (items not on the agenda)
None noted

STAFF AND COMMISSION COMMENTS
ii 4. Staff Comments
Hally Soboleske noted that the first order for a Bronze Marker was placed, installation at the Waffle House scheduled for June 2004. She mentioned the forthcoming Work Study session for Commission Objectives. Also, the Preservation Plan was reviewed on April 27, 2004, will keep the Commission apprised of outreach effort. Ms. Soboleske commented on the link to DPR links to website; will create links on the register as they now exist.

5. Historic Resources Commission Comments
Commissioner Chinn -
Inquired if any more templates are underway. Staff indicated there are items for the June agenda.

Requested update on Historic Rehab Loan Program'sfirst applicant. Staff indicated loan was approved and contractor selection was underway.

Inquired as to what historical mitigation will be presented at Planning Commission on May 10, 2004 for One Broadway. Staff indicated a draft development agreement will be presented to the Planning Commission then to the City Council on May 17, 2004.

Attended San Francisco Preservation Conference, noted that a 40' height limit for structures was established.

Announced that on May 13 the Orange County Historical Society Museum will review City of Orange's process for establishing preservation laws.

Commissioner Bustamante left at 6:01 pm
Commissioner Corpin
Inquired about progress at First and Main for Original Mike's. Staff provided an update.

Thanked Leslie Heumann for photographs and staff for the staff reports on historical properties.

Historic Resources Commission Minutes May 6, 2004
City Council 23 – 136 10/1/2024
Commissioner Kings
Commented on Chinn'sobservation of San Francisco'sbuilding height limit and noted that owners may be allowed to sell air rights.

Commented on issues at Template Review: would like to see landscape and mature trees addressed within citywide design guidelines.

Thanked Lynnette Perry, and noted that she will be moving to Counter.

Thanked staff for Code Enforcement report, suggested that staff/resources verify that buildings are maintained.

Vice Chairman Schaefer
Requested an opportunity to discuss the possibility of adding West Floral Park as a historically significant area at the next meeting.

Thanked staff for including the telephone log.

Mentioned that Floral Park Home Tour was a huge success; excellent way to highlight historic homes in Santa Ana.

CommissionerO'Callaghan
Congratulated homeowners at Floral Park for a job well done.

Mentioned Walking Tour.

Commissioner Lutz
Mentioned a news article related to the desirability of front porches in Mission Viejo.

Commented that the City of Santa Ana's architecture continually recognizes the desirable attributes of front porches.

Noted that Walter Cha is interested in starting a new hostel business.

Noted that the Home Depot on Edinger was storing large equipment at the front of the building.

Commissioner Gartner
Commented on Home Depot in Santa Ana looks better than most.

Commented that he is looking forward to working with senior planners at the Planning Counter.

Planning Manager provided an overview of the new staff organizational change at the public counter designed to improve customer service, consistency of staff determinations and quality of information provided to the community.

Chairman Giles
Requested adding Oral History program to our goals and objectives for next year.

Requested update on landscape at First & Main.

Would like to see historic documentation/DPR forms accessible on the website.

Inquired about Maharajah House roof; has contractor been selected.

6. Excuse of Absences
Adjournment
By consensus (9:0) voted to adjourn at 6:26 p.m.

Martha Ramirez
Recording Secretary
Historic Resources Commission Minutes 6 May 6, 2004
City Council 23 – 137 10/1/2024

EXECUTIVE SUMMARY

COSELMAN-MOTLEY HOUSE
424 South Broadway
Santa Ana, CA 92701
NAME Coselman-Motley House REF. NO.

ADDRESS 424 South Broadway
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Bungalow/Craftsman
Closely related to the English Arts and Crafts Movement, American 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.

SUMMARY/CONCLUSION:

The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling (Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
x 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.

City Council 23 – 138 10/1/2024
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Coselman-Motley House P1. Other Identifier:
*P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Tustin TCA 2555 Date:
*c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical façade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front-gabled dormer. Arrow-tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond-paned central transom, set below a lattice-work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story façade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig-sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed-roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non-original but compatible picket fence that surrounds the property, the house appears unaltered from the street.
*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 elevation
March 2004
*P6. Date Constructed/Age and
Sources: „historic
1911/Source: Les, 1979.
*P7. Owner and Address:

Ruth L. Motley
424 South Broadway
Santa Ana, CA 92701
*P8. Recorded by:

Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:

March 22, 2004
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “200, 300, 400, 500 South Broadway.” Historic Resources Inventory, September 1979. *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)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 139 10/1/2024
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: Coselman-Motley House
B1. Historic Name: Coselman-Motley House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911.

October 22, 1926. Alterations.

September 14, 1929. Alterations.

October 21, 1943. Reroof.
*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 1880-1946 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 Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004).
(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:
*B14. Evaluator: Leslie J. Heumann
*Date of Evaluation: March 22, 2004
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Coselman House
424 South Broadway
City Council 23 – 140 10/1/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Leslie J. Heumann, SAIC *Date March 22, 2004 _ Continuation † Update DPR 523L
*B10. Significance (continued):

The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut.

Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirtyfour 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, “ Mr. [Martin] Heninger and his brother have erected 150 houses on the property” (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets.

The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees.

Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character-defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *B12. 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.

Santa Ana and Orange County Directories, 1901-1935.

Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921.

Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004.

City Council 23 – 141 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 1 -
Exhibit C
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 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 City Council 23 – 142 10/1/2024

MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 2 -
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.

City Council 23 – 143 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 424 South Broadway
Item Year Improvement
1 2024 Exterior paint; traditional Craftsman colors
2 2024 Repair all original windows to be fully functional as needed through the following:
replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows.
3 2024 New front yard landscaping and walkways in era-appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding
7 2026 Repair cracks in foundation
8 2026 Seismic retrofit of foundation, brace and bolt
9 2027 Update electrical systems throughout
10 2027 Update plumbing system throughout
11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance
13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building’s structural integrity.

City Council 23 – 144 10/1/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as “Owner”), owner of real property located at 825 North Lacy Street, 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 owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and 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 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.

City Council 23 – 145 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 2 -
E. Owner and 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 October 2, 2024, 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:
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 characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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.

City Council 23 – 146 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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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 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 C, and incorporated herein by this reference. Owner 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 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 alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.

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.

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 City Council 23 – 147 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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Owner have breached any of the conditions of this Agreement, or has 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 ½) 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 immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.

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MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon 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, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.

8. No Compensation.

Owner shall not receive any payment from 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 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009
Attn: David Bush Smith
825 North Lacy Street
Santa Ana, CA 92701
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MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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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, agent, 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'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 City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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, with venue in Orange County.

City Council 23 – 150 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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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. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 23 – 151 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ______________________ By:_________________________

DAVID BUSH SMITH
Trustee of The David Bush Smith Living
Trust dated July 15, 2009
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 152 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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EXHIBIT A

LEGAL DESCRIPTION

THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS:

LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE

TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT

6. Assessor’s Parcel Number: 398-042-16
City Council 23 – 153 10/1/2024
cm\historic\templates\Lacy N 825 ES (Duggan House)
6/20/02

EXECUTIVE SUMMARY

DUGGAN HOUSE
825 North Lacy Street
Santa Ana, CA 92701
NAME Duggan House REF. NO.

ADDRESS 825 North Lacy Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT French Park NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268).

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.

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 gambreled, 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).

Exhibit B
City Council 23 – 154 10/1/2024
cm\historic\templates\Lacy N 825 ES (Duggan House)
6/20/02
SUMMARY/CONCLUSION:

The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District.

Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as “Landmark” because it “has a unique architectural significance” (Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
x 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.
x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
1D: Contributor to a listed district.

City Council 23 – 155 10/1/2024
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Duggan House P1. Other Identifier:
*P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date:
*c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box-like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double-hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom.

The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *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)
West and south elevations
March 2002
*P6. Date Constructed/Age and
Sources: „historic
1906/ Source: National Register
nomination
*P7. Owner and Address:

Stephen and Cinda Norris
825 North Lacy Street
Santa Ana, CA 92701
*P8. Recorded by:

Leslie J. Heumann, Peter C. Moruzzi
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:

April 10, 2002
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979.

Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *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)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 156 10/1/2024
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: Duggan House
B1. Historic Name: Duggan House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906.

January 21, 1988. Relocate single family dwelling.

January 21, 1988. Two car garage.

May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning.

March 19, 1992. Remodel second floor bathroom.

*B7. Moved? †No „Yes †Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets_ *B8. Related Features:

B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998).
(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:
*B14. Evaluator: Leslie J. Heumann
*Date of Evaluation: April 10, 2002
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Duggan House
825 North Lacy Street
City Council 23 – 157 10/1/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date April 10, 2002 _ Continuation † Update DPR 523L
*B10. 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. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange.

Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city.

Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park.

The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century.

Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five-sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character-defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns.
*B12. 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.

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MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
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Exhibit C
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 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 City Council 23 – 159 10/1/2024

MILLS ACT AGREEMENT
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Santa Ana, CA 92701
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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.

City Council 23 – 160 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 825 North Lacy Street
Item Year Improvement
1 2024 Reroof main house and garage and repair eaves as needed, like-for-like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like-for-like
3 2024 Repair windows and exterior window framing on main house and garage, like-forlike 4 2024 Repair window screens throughout
5 2024 Repair termite damage as needed
6 2026 Repaint exterior
7 2027 Replace north side door with period-appropriate door and hardware 8 2028 Replace exterior lighting with period-appropriate lighting on main house and garage
9 2029 Replace plastic door screens with period-appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like-for-like 12 2032 Replace garage door with period-appropriate garage door City Council 23 – 161 10/1/2024
Planning and Building Agency
Item # e
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 15, 2024 – Special Meeting
Topic: HPPA No. 2024-08 – The Duggan House (825 North Lacy Street)

RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, for the property located at 825 North Lacy Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).

EXECUTIVE SUMMARY
David Bush Smith is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 825 North Lacy Street that is currently listed on the Santa Ana Register of Historical Properties.

DISCUSSION
Project Location and Site Description
The subject property, known as the Duggan House, consists of an existing two-story residence that reflects characteristics of the Queen Anne, Craftsman, and Colonial Revival styles, and is approximately 2,440 square feet in size on a 10,500-square-foot residential lot (Exhibit 2). The Duggan House was added to the Santa Ana Register of Historical Properties (“Register”) in 2002, categorized as “Landmark.”
Analysis of the Issues
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. The property is listed on the Register and categorized as Landmark, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives 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 City Council 23 – 162 10/1/2024
HPPA No. 2024-08 – The Duggan House (825 North Lacy Street) July 15, 2024

Page 2 ends

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 alterations to the property Prior to historic listing, in 1989 the subject historic building was relocated to the existing parcel. That same year, a new two-car garage was permitted as well as a Site Plan Review for renovation and a rear addition to the subject property. The Site Plan Review project included extending the kitchen and bathroom, and adding a new laundry room at the building’s rear, remodeling the second floor, and extending the second floor deck. It was noted during the 2024 site visit that all aforementioned items were implemented at the subject property.

In 2002, the Historic Resources Commission placed the Duggan House on the Register and within the “Landmark” category for its distinguishing characteristics of the Queen Anne (Late Victorian), Craftsman and Colonial Revival styles. Character-defining exterior features of the Duggan House that should be preserved include, but may not be limited to: All original and restored exterior features of the Duggan House, including materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns.

Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include reroofing, removing the internal masonry fireplace and chimney due to structural safety concerns and repairing the external wood chimney likefor-like, repairing all windows and framing throughout as needed, repairing window screens as needed, addressing termite damage, and repainting the exterior. During staff’s site visit, the following were noted and added to the Mills Act Agreement work plan:
replace the north side door with period-appropriate door and hardware, replace exterior lighting with period-appropriate lighting, replace plastic door screens with periodappropriate wood screens, replace gutters with compatible material and style, repair siding as needed and like-for-like, and replace the garage door with a period-appropriate door. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.

As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.

Lastly, the site will be subject to general maintenance and upkeep requirements including, City Council 23 – 163 10/1/2024
HPPA No. 2024-08 – The Duggan House (825 North Lacy Street) July 15, 2024

Page 3 ends

but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-40, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years.

EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 825 North Lacy Street
4 - Action Minutes HRC (825 North Lacy Street)
Submitted By:

Andrea Heywood, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 164 10/1/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as “Owner”), owner of real property located at 825 North Lacy Street, 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 owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and 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 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.

City Council 23 – 165 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 2 -
E. Owner and 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 September 18, 2024, 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:
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 characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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.

City Council 23 – 166 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 3 -
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 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 C, and incorporated herein by this reference. Owner 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 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 alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.

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.

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 City Council 23 – 167 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 4 -
Owner have breached any of the conditions of this Agreement, or has 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 ½) 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 immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.

City Council 23 – 168 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 5 -

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon 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, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.

8. No Compensation.

Owner shall not receive any payment from 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 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009
Attn: David Bush Smith
825 North Lacy Street
Santa Ana, CA 92701
City Council 23 – 169 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 6 -

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, agent, 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'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 City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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, with venue in Orange County.

City Council 23 – 170 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 7 -

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. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 23 – 171 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
OWNER
Date: ______________________ By:_________________________

DAVID BUSH SMITH
Trustee of The David Bush Smith Living
Trust dated July 15, 2009
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 172 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS:

LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE

TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT

6. Assessor’s Parcel Number: 398-042-16
City Council 23 – 173 10/1/2024
SITE

P L A N N I N G AND B U I L D I N G A G E N C Y
HPPA-2024-08
825 NORTH LACY STREET

DUGGAN HOUSE
500’ RADIUS
City Council 23 – 174 10/1/2024
HPPA-2024-08
The Duggan House
825 North Lacy Street

SITE PHOTOS
EXHIBIT 3
City Council 23 – 175 10/1/2024

ACTION MINUTES OFT E

HISTORIC RESOURCES GOM ISSION
1 CITY HALL COUNCIL CHAMI
22 CIVIC CENTER PLAZ,

SANTA ANA, CALIFORNI
JUNE 6, 2002
CALLED TO ORDER: 4:40 P.M.

ATTENDANCE: COMMISSIONER
Rose Anne Garcis
Paul Giles, Vice C
Carlos Bustamant
Philip Chinn,
Rita Corpin
BlairO'Callaghan
Robert Richardsoi

COMMISSIONE
James Gartner
Phillip Schaefer
STAFF PRESENT: Joseph Edwards,
Kylee Odette, De
Laura Johnson, f
Motion to approve staff recommendations on the
amended and corrected.

RS
i Present:

Kings, Chair
5:35 P.M.

Absent:
cipal Planner
City Attorney
ding Secretary
Consent Calendar items as
MOTION: Chinn ', SECOND: O'Callaghan
AYES: Bustamante, Chinn, Corpin, Giles, Kirjgs, O'Callaghan, (ti) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson (3)
ABSTENTION: None (0)
A. MINUTES
Approve minutes:

RECOMMENDATION:

Approve the minutes of the adjourned regular meeti
B. COMMISSION SECRETARY REPORT
RECOMMENDATION:

Instruct the Commission Secretary to enter into the
The May 21, 2002 Agenda for the Adjourned Regu
Hall Council Chambers on May 16, 2002 at 9:40 a.n
of May 21, 2002.
inutes.

Meeting was posted at the City
City Council 23 – 176 10/1/2024
C. CANCELLATION OF HISTORIC RESOURCES
RECOMMENDATION:
1 Cancel the Historic Resources Commission
the closure of City Hall on July 4, 2002.

END OF CONSENT

PUBLIC HEARINGS

PROCEDURAL RULES
1 2.

ORDINANCE AMENDMENT NO. 2002-85
Filed by the City of Santa Ana to modify va
Santa Ana Municipal Code pertaining to def
fhe Historic Register, historic districts,
approvals, and demolition policy.

PUBLISHED IN THE REGISTER: May 24,

RECOMMENDATION

MEETING
scheduled for July 4, 2002 due to
sections of Chapfer 30 of the
s, removal of a structure from
oric Resource Commission
Recommend that fhe City Council adopt an drdinance approving Ordinance Amendment No. 2002-85.

Hally Cappiello, Assistant Planner li, provided the staff report and a brief review of the proposed changes. Discussion held regarding i,the determination of dangerous buildings and staff was requested to provide a review of the pertinent section of the health and safety code. Mr. Edwards provided an u~date on standards and fees.

Madam Chair Kings opened the public hearing. ~
Jo Ann Ramirez, Santa Ana Histarical Preservation'sSociety, requested copies of any additional changes.

Madam Chair Kings noted that a letter had been
Santa Ana Historical Preservation Society in suppc
Madam Chair Kings closed the public hearing.

Motion to continue to August 1, 2002.

MOTION: Giles
ceived from Alison Young of the
of the proposed amendment.

Chinn
AYES: Bustamante, Chinn, Corpin, Gil s, Kings, O'Callaghan, (6) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson ( )
ABSTENTION: None (0)
2002-04 AND
Irma Hernandez)
Continued by the Historic Resources Commission May 2, 2002 to June 6, 2002) Filed by the City of Santa Ana fo place and categ nze the structure located at 916 North French Street (Smith-Frank House) on he Santa Ana Register of Historical Properties.

RESOURCES COMMISSION R7INUTES 2 City Council
I May 2, 2002
23 – 177 10/1/2024
PUBLISHED 1N THE REGISTER: April i9,
PUBLICLY NOTICED: April 79,
RECOMMENDATION:

Adopt a resolution approving Historic Resource$ Commission Application No. 2002-04.

Adopt a resolution approving Historic Register ({ategorization No. 2002-53.

Irma Hernandez, Assistant Planner, presented the report and recommendation.

Madam Chair Kings opened the public hearing.

No written communications had been received
matter.

Madam Chair Kings closed the public hearing.

RECOMMENDATION:

Motion fo adopt a resolution approving Historic
Application No. 2002-04.

Motion fo adopt a resolution approving Historic
2002-53.

MOTION: Giles
AYES: Bustamante, Chinn, Corpin, Gi
NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson
ABSTENTION: None (0)

3. Filed by the City ofSanta Ana fo place and
825 North Lacy Streef (Duggan House) as
ofHistorical Properties.

PUBLISHED IN THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
RECOMMENDATION:

Adopt a resolution approving Historic
2002-24.

Adopt a resolution approving Historic Register
Lynnette Perry, Associate Planner, presented the
Madam Chair Kings opened the public hearing.

No written communications had been received a
matter.
there were no speakers on the
esources Commission
egister Categorization No.

IND: Corpin
Kings, O'Callaghan, (6)
e the structure located at
on the Santa Ana Register
Commission Application No.

No. 2002-74.
report and recommendation.
there were no speakers on the
Madam Chair Kings closed the public hearing.

City Council 23 – 178 10/1/2024
RECOMMENDATION:

Motion to adopt a resolution approving Historic esources Commission Appiication No. 2002-24.

Motion to adopt a resolution approving Historic egister Categorization No. 2002-74.
fl
C
C

4. 5.

MOTION: Giles SECOND: Chinn
AYES: Bustamante, Chinn, Corpin, Gibs, Kings, O'Callaghan, (6) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson (~)
ABSTENTION: None (0)
Filed by the City ofSanta Ana to place and cate
1322 North Sycamore Street (Fire Station Head
the Santa Ana Register of Historical Properties.

PUBLISHED IN THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
RECOMMENDATION:

Adopt a resolution approving Historic
2002-31.

Adopt a resolution approving Historic Register
Lynnette Perry, Associate Planner, presented the
Madam Chair Kings opened the public hearing.
the structure located at
s No. 1) as Landmark on
Commission Application No.

No. 2002-81.
report and recommendation.

No written communications had been received anp there were no speakers on the matter.

Madam Chair Kings closed the public hearing.

RECOMMENDATION:

Motion to adopt a resolution approving Historic
Application No. 2002-31.

Motion to adopt a resolution approving Historic
2002-81.

MOTION: Giles
Commission
Categorization No.

SECOND: Bustamante
AYES: Bustamante, Chinn, Corpin, Gil~' s, Kings, O'Callaghan, (6) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson (~i)
ABSTENTION: None (l))
AND 79
MINVItJ M8y Z,
City Council 23 – 179 10/1/2024
Filed by the City ofSanta Ana to place and cafe orize various structures on the Santa Ana Register ofHistorical Properties.

PUBLISHED IN THE REGISTER: May 24, 20 2
PUBLICLY NOTICED: May 23, 20 2
C

6. COMM~ D NE~
illy ~
SS ~~~ i~ad~~~STR~,TURD, ~1~1~I~ii'~ ~~~i IIiI
i.- F
i,~aiiii iII iIIIIiIi~ilii ~~ ~°~, aiiiiii~~~ i diii i ilil II ii i I Iii ~ oiiliiliiilliiiil IiI I I iili~ili i~i~r~t?RY 898-820 North Minter Street 70 Davies Du lex Ke
802 North Lac Street 72 Lan le H use Ke
909-903 North Lac Street 75 E/ So/ano artments Ke
902-904 North Lac Street 76 Sanborn A artments No. 9 Ke 926-928 North Lac Street 79 Ter Ste enson House Ke
RECOMMENDATION:

Adopt a resolution approving Historic Resource Commission Application Nos. 2002-20, 22, 25, 26, and 29.

Adopt a resolution approving Historic Register
75, 76, and 79.

Lynnette Perry, Associate Planner, presented the
Madam Chair Kings opened the public hearing.

No written communications had been received an
matter.

RECOMMENDATION:

Madam Chair Kings closed the public hearing.

Motion to adopt a resolution approving Historic
Application Nos. 2002-20, 22, 25, 26, and 29.

Motion fo adopt a resolution approving Historic ~
2002-70, 72, 75, 76, and 79.

MOTION: Giles
AYES: Bustamante, Chinn, Corpin, Gi
NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson
ABSTENTION: None (Q)
Filed by the City ofSanta Ana to place and ca
Santa Ana Register of Historical Properties.

PUBLISHED 1N THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
Nos. 2002-70, 72,
report and recommendation.
there were no speakers on the
Commission
Categorization Nos.

SECOND: Corpin
Kings, O'Callaghan, (6)
various structures on the
City Council 23 – 180 10/1/2024
r--
l~
i
iii ~ I i II I I(,i
I I ( Ini i ( iii) i' iii. II
t, i ... ~) 77~ iii . •,,, f~It,i~' 4 1 ii ~i
i
IIIi,~ii it ~ ~~ I
I) i• iv'Ii
806 North Minter Street 66
i1~~ i I i
i
Hutchi
i
a"aN ~ I Chi (~ i~)
s House
1i u. T'EGO Y.~ _
Contributive
813 North Minter Sfreet 67 Kittle H use Contributive
814 North Minter Sfreet 68 Davies ouse Contributive
815 North Minter Sfreet 69 Grim H use Contributive
824 North Minter Street 71 Ha nes House Contributive
812 North Lac Street 73 Warne ouse Contributive
914 and 914 '/= North Lac Street 77 Dierker Houses Contributive 919 North Lac Street 78 Straub ouse Contributive
806 North Lac Street 80 Harve ouse Contributive
RECOMMENDATION.•
Adopt a resolution approving Historic Resource Commission Application Nos. 2002-16 through 19, 2002-21, 23, 27, 28 and 30.

Adopt a resolution approving Historic RegisterG~ategorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80.

Lynnette Perry, Associate Planner, presented the stiff report and recommendation.

Madam Chair Kings opened the public hearing.
r~
No written communications had been received anQf there were no speakers on the matter. '
Madam Chair Kings closed the public hearing.

RECOMMENDATION:

Motion to adopt a resolution approving Historic esources Commission Application Nos. 2002-16 through 19, 2002-21, 2 27, 28 and 30.

Motion to adopt a resolution approving Historic l~egisfer Categorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80,
MOTION: Giles
AYES:

NOES:

ABSENT:

ABSTENTION:

Bustamante, Chinn, Corpin, Gi
None (0)
Gartner, Schaefer, Richardson
None (0)

7. Filed by the City of Santa Ana to categorize as
1016 North Logan Street on the Santa Ana Reg
PUBLISHED /N THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
RECOMMENDATION:

SECOND: Chinn
Kings, O'Callaghan, (6)
Imark the structure located
of Historical Properties.

Adopt a resolution approving Historic Register C tegorization No. 2002-40.

Lynnette Perry, Associate Planner, presented the st ff report and recommendation.

Madam Chair Kings opened the public hearing.

No written communications had been received anc~ there were no speakers on the matter.

HISTORIC
City Council 23 – 181 10/1/2024
Madam Chair Kings closed the public hearing.

RECOMMENDATION:

Motion to adopt a resolution approving Historic Register Categorization No. 2002-40.

MOTION: Giles SECOND: Corpin
AYES: Bustamante, Chinn, Corpin, Gil s, Kings, O'Callaghan, (6) NOES: None (l))
ABSENT: Gartner, Schaefer, Richardson 3)
ABSTENTION: None (0) i

8. Filed by the City of Santa Ana to categorize as Key the structure located of 914 and 916 East Stafford Street and 926 North Loga~ Street on the Santa Ana Register ofHistorical Properties.

PUBLISHED IN THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
RECOMMENDATION:

Adopt a resolution approving Historic Register Qategorization No. 2002-43.

Lynnette Perry, Associate Planner, presented the stiff report and recommendation.

Madam Chair Kings opened the public hearing.

No written communications had been received anq there were no speakers on the matter.

Madam Chair Kings closed the public hearing.

RECOMMENDATION:

Motion to adopt a resolution approving Historic !Register Categorization No. 2002-43.

MOTION: Giles SECOND: O'Callaghan
AYES: Bustamante, Chinn, Corpin, Gill's, Kings, O'Callaghan, (6) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson (~i)
ABSTENTION: None (0) '~

9. Filed by the City of Santa Ana to categorize v:

Register ofHistorical Properties.

PUBLISHED !N THE REGISTER: May 24,
PUBLICLY NOTICED: May 23,
structures on the Santa Ana
i i z,,,< a
f ~~ ~~~ ~ ~~~ ~ a~~~ ri ~IIL ~+..~ . ~ ; ~ ~~~ ~~ ~
C~~'~ I''~' I'~i~~ I iru $ I4'~ ~ ~
ni~ (~~ in'i
li ii ~ ~' ~ i` i~,
1033 North Custer Street 38
i ~ I IiII Iioin
p• E ~ ~ i~~ E11 ~ ~ (~ i~I'i~ t ,~ i
Oscar Smit
ai~ ~,
17~ N;. I'RIV~ C~~~'~~~
i P` III
House
I MME
i
Contributive
1023 North Custer Street 39 Eckman Ho se Contributive
903 East Stafford Street 41 Per Hous Contributive
904 B 904 % E. Stafford Street 42 Franke Hou a Contributive 912 East Stafford Street 45 Cummins ouse Contributive
City Council 23 – 182 10/1/2024
RECOMMENDATION:

Adopt a resolution approving Historic Register
41, 42, and 45.

Lynnette Perry, Associate Planner, presented the
Madam Chair Kings opened the public hearing.

No written communications had been received
matter.

Madam Chair Kings closed the public hearing,

10. RECOMMENDATION:

Nos. 2002-38, 39,
ff report and recommendation.
there were no speakers on the
Motion to adopt a resolution approving Historic register Categorization Nos. 2002-38, 39, 41, 42, and 45. ',
MOTION: Giles
i
SECOND: Bustamante
AYES: Bustamante, Chinn, Corpin, Gilr~s, Kings, O'Callaghan, (6) NOES: None (0)
ABSENT: Gartner, Schaefer, Richardson ($i)
ABSTENTION: None (0)
by the Historic Resources Commission A'~ril 4, 2002 to June 6, 2002.) Filed by the City of Santa Ana to discuss the notr a of intent to demolish three structures located at 1007-1009, 1015 and 1109 rth Broadway and listed on the Santa Ana Register ofHistorical Properties a part of the One Broadway Plaza high-rise office project.

PUBLISHED /N THE REGISTER: December ~1, 2001
PUBLICLY NOTICED: December 1, 2001
RECOMMENDATION:

Continue indefinitely.

Joseph Edwards, Principal Planner, presented the stiff report and recommendation.

Discussion held regarding time between application and release of EIR to the public, recommendations for relocation, and the relocation f asibility study.

Commissioner Bustamante left the meeting at 5:33
RECOMMENDATION:

Motion fo continue indefinitely.

MOTION: Giles SECOND: Chinn
AYES: Chinn, Corpin, Giles, Kings, O' Ilaghan, ( C~5)
NOES: None (0)
ABSENT: Bustamante, Gartner, Schaefer, ~2ichardson (4)
ABSTENTION: None (0)
Commissioner Bustamante returned to the meeting ajt 5:35 p.m.

Commissioner Richardson joined the meeting at 5:3~ p.m.

HISTORIC RESOURCES COMMISSION MINUTES 8 ~ May 2, 2002 City Council 23 – 183 10/1/2024

PUBLIC COMMENTS
J
n
11 12.

13. Public Comments (items not on the agenda)
Madam Chair Kings noted that she had received a
lett~r
from Catherine Cate regarding the
proposed Historic French Park Traffic Plan. Mr. Edw rds advised that the Environmental Transportation Advisory Committee (ETAC) was the reviewing body for traffic plans and that any traffic related issues should be forwarded to them.

A letter had also been received from Jeff Dickman, Vice resident Historic French Park Board of Directors, expressing concern that the issue had n t been placed on the June 6, 2002 Historic Resources Commission Agenda.

Catherine Cate, French Park resident, expressed ce
the neighborhood and requested that the Historic
since French Park is a Historic District.

Barry Jensen, French Park resident, requested that the
the issue as it impacts a historic resource.

Madam Chair Kings asked if the traffic count could chan~ require review by the Commission. Kylee Odette, Del
issues were aesthetic the Commission could review thei
traffic issues, the Commissioners and the public shoulc issues. Madam Chair Kings asked if protecting the res
Commission'sreview and Mr. Edwards responded that
brought before them.

Comments from Staff
Mr. Edwards
Noted that the next Template Review Committ
June 14 at 4:30 p.m.

Advised that draft language for the Historic PIS
be distributed to the Commission for comment.

Recommended that the Commission forward a
letter of support to ETAC.
regarding the impact of the traffic on
urce Commission review the issue
Resource Commission review
the use to Commercial which would
qty City Attorney, advised that if the
i. As ETAC is the reviewing body for
attend the meeting and address the
lential use would be an issue for the
t was an ETAC issue and should be
meeting would be held on Friday,
had been received and would
Commissioner Giles
Asked if it would be appropriate for the Commi$sion to prepare a letter to ETAC regarding the proposed French Park Traffic PI~' n. Ms. Odette responded that it would be better to attend the meeting. ',
Asked why it was appropriate for the Commission to review the traffic impact that would be created by the proposed One Broad~ay
Plaza project. Mr. Edwards
responded that it was appropriate as certain pr posed traffic mitigations involved the potential removal of historic structures.

Commissioner Chinn
Noted that Washington Square, Floral Park, and Wilshire Square all have closed off areas to traffic for quality of life issues.

Commissioner Richardson
Noted that it appears that there is a differ nce of opinion regarding what destruction of property is and that it could be ither loss of property or loss of quality of life. He recommended that the Commi sion forward a letter of support to ETAC. Mr. Edwards advised that he would co suit with Counsel regarding the possibility of placing the item on the agend but that the public should be encouraged to work with ETAC.

Commissioner Bustamante
s City Council 23 – 184 10/1/2024
J_.v l~L _.._ 1/._
Madam Chair Kings
Asked when ETAC was scheduled to meet. Mr
Commissioner Chinn
Requested update on Award Program. Mr. E
approved by Council and that nominations fon
given next year.

Requested update on the Phillips Block Ad Hoc
should be on the August agenda.

Thanked staff for getting the William Spurgeon n
will forward the dates.

Iwards advised that it had been
s are available for awards to be
He was advised that it
cleaned.

Commissioner Coroin
Requested clarification of the dates for the T mplate Review Committee. Mr.

Edwards advised that the next meeting was sch~duled for June 14, 2002 and that there would not be a meeting in July. ',
Commissioner Giles
Requested that staff review the structure at 125 N. French for inclusion on the Historic Register.

Requested an update on having the Historic Register available online. Mr.

Edwards advised that it would require at least mother month to explore ways to make it more interactive.

CommissionerQ'Callaghan
Noted that he was pleased that the Urban Design Studio would be providing consultant services.

Noted that the Floral Park neighborhood had benefited from a traffic plan.

Commissioner Richardson
Noted that the Public Works Agency was paintimg the replacement historic street lights.

Noted the importance of a review to determirje what the Commission should review.

Madam Chair Kings
Provided a brief report on the workshop that wa$ held in Sonoma and encourage the Commissioners to attend next year.

Noted that she had met with Ms. Nelson, Mr. Ree~CStin, and Mr. Lamb regarding the Downtown and requested to be advised of projects in the area.

Asked staff to investigate grant funds available from the State for Certified Local Governments.

14. Excuse of Absences
Motion by Commissioner Bustamante and seconded by Commissioner Giles to excuse the absence of Commissioner'sGzrtner and Schaef~r, and approved unanimously by a vote of 7:0.

15. Adjournment -- 6:30 p.m.

Pfay 2,
City Council 23 – 185 10/1/2024
cm\historic\templates\Lacy N 825 ES (Duggan House)
6/20/02

EXECUTIVE SUMMARY

DUGGAN HOUSE
825 North Lacy Street
Santa Ana, CA 92701
NAME Duggan House REF. NO.

ADDRESS 825 North Lacy Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT French Park NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268).

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.

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 gambreled, 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).

City Council 23 – 186 10/1/2024
cm\historic\templates\Lacy N 825 ES (Duggan House)
6/20/02
SUMMARY/CONCLUSION:

The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District.

Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as “Landmark” because it “has a unique architectural significance” (Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
x 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.
x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
1D: Contributor to a listed district.

City Council 23 – 187 10/1/2024
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Duggan House P1. Other Identifier:
*P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date:
*c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box-like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double-hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom.

The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *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)
West and south elevations
March 2002
*P6. Date Constructed/Age and
Sources: „historic
1906/ Source: National Register
nomination
*P7. Owner and Address:

Stephen and Cinda Norris
825 North Lacy Street
Santa Ana, CA 92701
*P8. Recorded by:

Leslie J. Heumann, Peter C. Moruzzi
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:

April 10, 2002
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979.

Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *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)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 188 10/1/2024
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: Duggan House
B1. Historic Name: Duggan House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906.

January 21, 1988. Relocate single family dwelling.

January 21, 1988. Two car garage.

May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning.

March 19, 1992. Remodel second floor bathroom.

*B7. Moved? †No „Yes †Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets_ *B8. Related Features:

B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998).
(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:
*B14. Evaluator: Leslie J. Heumann
*Date of Evaluation: April 10, 2002
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Duggan House
825 North Lacy Street
City Council 23 – 189 10/1/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date April 10, 2002 _ Continuation † Update DPR 523L
*B10. 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. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange.

Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city.

Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park.

The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century.

Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five-sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character-defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns.
*B12. 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.

City Council 23 – 190 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 1 -
Exhibit C
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 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 City Council 23 – 191 10/1/2024

MILLS ACT AGREEMENT
825 North Lacy Street
Santa Ana, CA 92701
- 2 -
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.

City Council 23 – 192 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 825 North Lacy Street
Item Year Improvement
1 2024 Reroof main house and garage and repair eaves as needed, like-for-like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like-for-like
3 2024 Repair windows and exterior window framing on main house and garage, like-forlike 4 2024 Repair window screens throughout
5 2024 Repair termite damage as needed
6 2026 Repaint exterior
7 2027 Replace north side door with period-appropriate door and hardware 8 2028 Replace exterior lighting with period-appropriate lighting on main house and garage
9 2029 Replace plastic door screens with period-appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like-for-like 12 2032 Replace garage door with period-appropriate garage door City Council 23 – 193 10/1/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Third Extension of Entitlements for the Central Pointe Mixed-Use Development to be Located at 1801 East Fourth Street

AGENDA TITLE
Third Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed-Use Project to be Located at 1801 East Fourth Street

RECOMMENDED ACTION

1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2020-04 to November 9, 2025.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED-USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET

2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street in the Metro East Mixed Use (MEMU) Overlay Zone (Exhibit 2). Pursuant to Section 8.4 of the MEMU Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.

City Council 24 – 1 10/1/2024
Third Extension of Entitlements for the Central Pointe Mixed-Use Development - 1801 East Fourth Street
October 1, 2024

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The City Council approved the applicant’s first request for a one-year entitlement extension on July 19, 2022 after taking into account the of effects COVID-19 pandemic on securing funding, labor, and construction materials (Exhibit 3). The approval of the initial request extended the subject project’s entitlements until November 9, 2023. On September 19, 2023, the City Council granted a second one-year extension for the project's entitlement, extending it to November 9, 2024 (Exhibit 4). This extension was necessary as the applicant was unable complete the plan check process, obtain building permits, and begin construction before the November 9, 2023 deadline.

Analysis
As a result of the global COVID-19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 did not apply to the subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone was initially requested by the applicant and approved on July 19, 2022.

High interest rates have impacted construction loans and land development costs, resulting in ongoing delays to the project’s ability to break ground on the project by the November 9, 2024 deadline that was established by the last City Council-approved entitlement extension. The applicant was issued building permits for the first development phase of the project (325 units and 9,165 square feet of commercial space) in December 2023 and has paid the associated permit fees. However, current challenges in the capital markets for both debt and equity financing continue to impede project development. As a result, the applicant is requesting a third one-year entitlement extension to November 9, 2025 pursuant to Section 8.4 of the MEMU Overlay Zone document. In an effort to encourage construction of entitled projects, it is the Planning Division’s policy to recommend no more than one-year extensions at a time. The applicant’s request is the third and last of three permissible one-year extensions. Upon the securing of funding for the project, the applicant intends to break ground on the project to effectuate its entitlements within a timely manner. Information provide by the applicant indicates an anticipated groundbreaking by January of 2025.

Property Maintenance
The vacant site previously experienced issues with uncontrolled vegetation, site security, and illegal dumping. In response to community concerns and measures identified by the Planning and Building Agency, the applicant previously submitted and is adhering to a vacant property maintenance plan that addresses the issues stemming from the site’s ongoing vacancy. These measures include:
• Installation of a construction fence around the perimeter of the site on Fourth Street, Cabrillo Park Drive, Parkcourt Place, and tie-ins to existing fencing along the Santa Ana (I-5) Freeway.

City Council 24 – 2 10/1/2024
Third Extension of Entitlements for the Central Pointe Mixed-Use Development - 1801 East Fourth Street
October 1, 2024

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• Clearing the site of overgrown vegetation and weed abatement. • Retention of a security company to conduct bi-weekly site visits to prevent illegal dumping and trespassing.
• Removal of illegally-dumped items within 24 hours of notification. • Execution of the City’s Limited Authorization for Arrest Form to enable the Police Department to better enforce trespass and violations laws.

Since submission of the vacant property maintenance plan, the project site has been generally maintained free of overgrown weeds and debris/litter. Moreover, the amount of community complaints about the subject site have significantly decreased as a result of the implementation of the vacant property maintenance plan.

Full project plans are included with this report as Exhibit 5.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution Approving Third One-Year Entitlement

2. Original Resolution Approving Entitlement (No. 2020-038)

3. Resolution Approving First One-Year Entitlement (No. 2022-062)

4. Resolution Approving Second One-Year Entitlement (No. 2023-061)

5. Full Project Plans
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 24 – 3 10/1/2024
Resolution No. 2024-XXX

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL

POINTE MIXED-USE DEVELOPMENT TO BE LOCATED
AT 1801 EAST FOURTH STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street.

B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.

C. Taking into account the results of the global Covid-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicant’s first request for a one-year entitlement extension on July 19, 2022 (City Council Resolution No. 2022-062). The approval of the initial request extended the subject project’s entitlements until November 9, 2023.

D. On September 19, 2023, the City Council granted a second one-year extension for the project's entitlement, extending it to November 9, 2024.

This extension was necessary as the applicant was unable to complete the plan check process, obtain building permits, and begin construction before the November 9, 2023 deadline (City Council Resolution No. 2023- 061).

E. Increased interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, resulted in additional delays to the project’s ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2024 deadline that was established by the last City Council 24 – 4 10/1/2024
Resolution No. 2024-XXX

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City Council-approved entitlement extension. Current challenges in the capital markets for both debt and equity financing continue to impede project development through 2024.

F. It is the Planning Division’s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.

G. Upon the completion of the plan check process and securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check and break ground on the project to effectuate its entitlements within a timely manner.

H. The applicant filed the request and submitted filing fees for the third extension on July 24, 2024. The extension request came before the City Council on October 1, 2024.

I. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the second extension deadline of November 9, 2024 to November 9, 2025. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated October 1, 2024, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this day of October, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Jonathan T. Martinez
Assistant City Attorney
City Council 24 – 5 10/1/2024
Resolution No. 2024-XXX

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AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 24 – 6 10/1/2024
Resolution No. 2024-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-______ to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2024.

Date: ____________ _______________________________
City Clerk
City of Santa Ana
City Council 24 – 7 10/1/2024
LS 11. 9. 20
RESOLUTION NO. 2020- 38

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING SITE PLAN
REVIEW NO. 2020-04 AS CONDITIONED FOR A NEW

MIXED -USE RESIDENTIAL AND COMMERCIAL

DEVELOPMENT FOR THE PROPERTY LOCATED AT
1801 EAST FOURTH STREET

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:

A. Sean Rawson with Waterford Property Company, representing Park Center Santa Ana Associates, L. P (" Applicant"), is requesting approval of Site Plan Review No. 2020- 04, as conditioned, to allow the construction of a new mixed -use development consisting of 644 multi -family residential units and 15, 130 square feet of commercial space at 1801 East Fourth Street.

B. The subject site has a General Plan land use designation of District Center (DC). The site is located within the Professional zoning district and has an overlay zone designation of Metro East Mixed -Use ( MEMU) Overlay Zone ( OZ- 1), Active Urban district, which permits medium- to high -intensity mixed -use residential, commercial, office, and hotel developments subject to approval of a site plan review ( SPR) application by the Planning Commission.

C. The MEMU Overlay Zone was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in the project area. in 2018, the City of Santa Ana expanded the MEMU designation along First Street between Grand Avenue and the Santa Ana ( 1- 5) Freeway. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices.

D. A noticed public hearing was scheduled to be heard before the Planning Commission of the City of Santa Ana on October 26, 2020, but at that time there was not a quorum of the Planning Commission therefore, the item was continued by the Chair to the next regular meeting. On November 9, 2020, the Planning Commission of the City of Santa Ana held the duly noticed public hearing and considered all testimony, written and oral for the project.

Resolution No. 2020-38

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City Council 24 – 8 10/1/2024
E. Section 41- 595.5 of the Santa Ana Municipal Code (" SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan.

F. The zoning designation for the subject property is proposed to be Metro East Mixed -Use ( MEMO) Overlay Zone ( OZ- 1) in the Active Urban land use district.

G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41- 595.5, have been established for Site Plan Review No. 2020- 04 to allow construction of the proposed project:

1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1. 2 for the MEMU overlay district.

The development will activate a vacant and underutilized 8- acre site in the MEMU Overlay Zone. The project will create a new mixed -use development within close proximity to office buildings, Cabrillo Park, Mabury Park, and less than two miles from Downtown Santa Ana providing opportunities to live, work, and recreate. Each building will be five -stories of residential units wrapped around a seven -level parking structure. The height of the buildings will blend in with the heights of the nearby office buildings which range from single -story, three-story and eight -story buildings and will create an interface with the Santa Ana ( 1- 5) Freeway.

The project will be built to California Building Code standards, which include energy and water conservation measures and will improve pedestrian mobility by providing new sidewalks, and parkways along Fourth Street and Parkcourt Place. In addition, the publically accessible linear park will serve as a link to the meandering trail along Mabury Street and to Mabury Park to the north. Each building has a centrally located bike room, and there is a rideshare pick- up/drop-off in the middle of the project site.

Additionally, the project is within walking distance of the OCTA route 463 bus stop at Fourth Street and Cabrillo Park Drive.

The commercial space has been designed with retail floor heights of 20 feet with storefronts that will be visible from Fourth Street. In addition, the commercial space links directly to an on -site public plaza at the corner of Fourth Street and Cabrillo Park Drive which will include outdoor dining opportunities, decorative hardscape, specimen trees and plantings, umbrellas, seating and lawn games.

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City Council 24 – 9 10/1/2024
In addition, the ground floor residential units along Cabrillo Park Drive will have doors and patios with direct access to the street to help activate the street.

2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district.

The project is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone including land use, stories, development site area, building frontages, publically accessible open space, private/common open space, building setbacks, and parking.

3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district.

The project is consistent with the development standards specified in Section 5 of the MEMU Overlay Zone. The buildings are designed with a high quality design that includes varied massing, changes in form, and is comprised of high quality material including metal siding, stone veneer, simulated wood siding, fiber cement lap siding, fiber cement panels, stucco, metal and glass railings, and aluminum storefronts. During the development review process, the architectural design was peer reviewed by John Kaliski Architects and City staff, which resulted in higher -quality building materials, an increase in the commercial square footage and a plaza at the corner of Fourth Street and Cabrillo Park Drive. The project massing is broken into discrete building elements, facades are broken up with the inclusion of private balconies, courtyards, and contrasting building materials. The commercial storefronts are enhanced with cornices and metal canopies and the primary access to the commercial uses will be from Fourth Street. The project promotes pedestrian activity with landscaping and publically accessible open space. Parking areas are screened from the street.

Lastly, over 40 percent of the units are over 1, 000 square feet.

4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district.

The project is consistent with the development standards specified in Section 7 of the MEMU Overlay Zone. The project has been Resolution No. 2020-38

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City Council 24 – 10 10/1/2024
designed to ensure compatibility between the residential and nonresidential uses on site. The commercial uses have separate entrances from the residential uses, and the parking management plan will manage parking between the residential and
nonresidential uses. Each building has a dedicated move -in and commercial loading area that will be screened with roll -up doors and controlled by the property management company. On site lighting will be consistent with Santa Ana Municipal Code Chapter 8 Security Ordinance).

Section 2. The Applicant shall indemnify, protect, defend and hold the City and/ or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures ( including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions ( collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (Including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094. 5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 3. In accordance with the California Environmental Quality Act CEQA), the project has been determined to be adequately evaluated in the previously certified Environmental Impact Report ( EIR) No. 2006-01 ( SCH No. 2006031041) and Subsequent EIR SEIR No. 2018- 15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018- 15 and associated Mitigation Monitoring and Reporting Program ( MMRP) will be enforced and apply to the proposed project. In addition, a traffic impact analysis dated July 30, 2020 was also prepared by Linscott Law and Greenspan which analyzed the project' s impacts on 25 intersections. The off -site improvements listed the Traffic Impact Analysis shall be implemented. A health risk assessment ( HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that a less than significant impact to project residents would occur due to the project' s proximity to a major freeway.

Resolution No. 2020-38

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City Council 24 – 11 10/1/2024
Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2020-04 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 26, 2020, and November 9, 2020, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 91' day of November, 2020 by the following vote:

AYES: Contreras -Leo, Garcia, Nguyen, McLoughlin, Morrissey, Phan, Rivera ( 7) NOES: None (0)
ABSTAIN: None ( 0)
ABSENT: None (0)
c
Marc McLough in
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2020.

Date: 11 I- D I Vh,tak b-Arv-0—
Re& rcling Secretary
City of Santa Ana
Resolution No. 202G- 38

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City Council 24 – 12 10/1/2024
Conditions for Approval for Site Plan Review No. 2020-04 Site Plan Review No. 2020- 04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review.

The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review.

A. Planning Division

1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2019- 26, and the staff report exhibits incorporated herein by reference.

2. Applicant shall agree to all recommendations contained within the required technical studies and reports prepared for the project including the Traffic Impact Analysis dated July 30, 2020. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to issuance of building permits.

3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended.

4. The full volume ( first and second levels) of the commercial square footage within both buildings along Fourth Street shall be maintained for commercial purposes only and may not be converted or used for residential purposes.

5. The publicly accessible open space areas as shown on the open space plan shall remain accessible to the public and include a combination of landscape and hardscape as specified in Section 4.5 of the Metro East Mixed -Use Overlay Zone requirements.

6. A residential property manager shall be available at all times that the Project is occupied and Applicant and onsite management shall at all times maintain a 24- hour emergency contact and contact information on file with the City that is also posted at the entrance to the leasing office for public view.

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City Council 24 – 13 10/1/2024

7. All Project mechanical equipment shall be screened from view from public and courtyard areas.

8. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.

9. Prior to issuance of building permits, the Applicant shall submit a green space plan demonstrating that no less than 50 percent and up to 90 percent of the building rooftops ( club room and fitness room, ancillary structures and open amenity deck) above the Type IA building area be landscaped with plant material to the extent feasible. City staff shall have the discretion to determine what is feasible and in compliance with the California Building Code for the building rooftops ( residential) above the Type IIIA building area be landscaped with plant material. The green space plan shall be subject to the approval of the Director of Planning and Building Agency or his/her designee. The landscaping shall be installed prior to the issuance of certificate of occupancy and/ or building permit finals. ( Added by Planning Commission)

10. Prior to the issuance of any building permits the subject site must meet the requirements of the Subdivision Map Act (i. e. a Lot Merger or Parcel Map must be recorded for the subject property).

11. Prior to issuance of any building permits, a final detailed amenity plan must be reviewed and approved by Applicant and the Planning Division. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas, as well as an installation plan.

12. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during Project construction.

13. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size ( 48 inches minimum), brown trunk height ( 10-foot minimum), and name and location of the supplier.

14. Applicant shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Applicant shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the certificate of occupancy and/ or building permit finals, Applicant shall submit and obtain approval from the Planning and Building Agency a Parking Management Plan ( the " PMP") meeting Resolution No. 2020-38

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City Council 24 – 14 10/1/2024
the requirements of this condition. The approved PMP shall be adhered to and be enforced by the Project at all times.

15. Prior to Certificate of Occupancy issuance, public art shall be installed on the Project site at a value of one-half of one percent (0. 5%) of the total valuation of both buildings. The selection, design, and installation of the art shall be subject to review and approval by the Planning and Building Agency, the Community Development Agency, and the Applicant.

16. Prior to Certificate of Occupancy issuance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant ( and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following:
a) Compliance with operational conditions applicable during any period( s) of construction or major repair ( e. g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/ or restrictions on certain uses, c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon ( including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/ or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);
e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant Resolution No. 2020- 38

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City Council 24 – 15 10/1/2024
and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/ or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.

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City Council 24 – 16 10/1/2024
RESOLUTION NO. 2022-062

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW NO. 2020- 04 FOR THE CENTRAL

POINTE MIXED -USE DEVELOPMENT TO BE LOCATED
AT 1801 EAST FOURTH STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review ( SPR) No. 2020-04 by adopting Resolution No. 2020- 38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15, 130 square feet of commercial space for the property located at 1801 East Fourth Street.

B. Pursuant to Section 8.4 of the Metro East Mixed Use ( MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.

C. As a result of the global Covid- 19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 does not apply to the subject entitlement.

Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone is being requested by the applicant.

D. Due to difficulties in securing funding, labor, and construction materials stemming from the global Covid - 19 pandemic, the applicant has been unable to move forward with the development and is requesting an extension for the Site Plan Review.

E. It is the Planning Division' s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.

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City Council 24 – 17 10/1/2024
F. Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check within the next year.

G. The applicant filed a request for the extension on May 31, 2022. The extension request came before the City Council on July 19, 2022.

H. In accordance with the California Environmental Quality Act ( CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061( b)( 3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one ( 1) year from the original date of expiration to November 9, 2023. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated July 19, 2022, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this 19th day of July. 2022.

Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Jo6i M. Funk
Chief Assistant City Attorney
Resolution No. 2022-062

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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Hernandez, Lopez, Mendoza, Penaloza,
Bacerra, Sarmiento ( 6)
None (0)
Phan ( 1)
NOT PRESENT: Councilmembers None (0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 062 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 19, 2022.

Date: b ad , JV .— . A. 0''
6, Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-062

Page 3 of 3 ends

City Council 24 – 19 10/1/2024
RESOLUTION NO. 2023- 061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL

POINTE MIXED -USE DEVELOPMENT TO BE LOCATED
AT 1801 EAST FOURTH STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review ( SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15, 130 square feet of commercial space for the property located at 1801 East Fourth Street.

B. Pursuant to Section 8.4 of the Metro East Mixed Use ( MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.

C. Taking into account the results of the global Covid- 19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicant' s first request for a one-year entitlement extension on July 19, 2022 ( City Council Resolution No. 2022-062). The approval of the initial request extended the subject project' s entitlements until November 9, 2023.

D. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project's ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2023 deadline that was established by the last City Council -approved entitlement extension ( City Council Resolution No. 2022-062).

E. It is the Planning Division' s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.

F. Upon the completion of the plan check process and securing of funding for the project, the applicant intends to obtain all necessary building permits for Resolution No. 2023-061

Page 1 of 4 ends

City Council 24 – 20 10/1/2024
the project by submitting plans for building plan check and break ground on the project to effectuate its entitlements within a timely manner.

G. The applicant filed the request and submitted filing fees for the second extension on August 28, 2023. The extension request came before the City Council on September 19, 2023.

H. In accordance with the California Environmental Quality Act ( CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061( b)( 3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one ( 1) year from the first extension deadline of November 9, 2023 to November 9, 2024. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated September 19, 2023, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this 19"' day of September, 2023.

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: A,
Jonathan T. Martinez
JO Assistant City Attorney
Resolution No. 2023- 061

Page 2 of 4 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Amezcua, Bacerra, Hernandez, Lopez
Penaloza, Vazquez (6)
None ( 0)
Phan ( 1)
NOT PRESENT: Councilmembers None (0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-061 to be the original resolution adopted by the City Council of the City of Santa Ana on September 19, 2023.

Date: i 1 Zl 123
V
City of Santa Ana
Resolution No. 2023-061

Page 3 of 4 ends

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Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Youth Commission Bylaws

AGENDA TITLE
Proposed Revisions to Youth Commission Bylaws

RECOMMENDED ACTION
Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH

COMMISSION
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Youth Commission acts in an advisory capacity to the City Council in matters pertaining to youth and teen services and programs. At their meeting of August 7, 2024, the Youth Commission proposed that the Youth Commission bylaws be amended, specifically Section 5.0 Meetings, 5.4 Regular Meetings.

At their meeting of September 16, 2024, the Youth Commission by a vote of 6-0, approved moving the date of regular Youth Commission meetings from the first Wednesday of the month to the third Monday of the month at 6:00 pm.

Additionally, staff proposes a change to Section 5.0 Meetings, 5.2 Procedures, to reflect the use of Rosenberg’s Rules of Order to govern the general conduct of meetings, in alignment with the City Council rules and procedures, along with non-substantive clerical edits throughout the bylaws.

Pursuant to Santa Ana Municipal Code Section 2-453, the bylaws of the Youth Commission shall be approved by the City Council.

City Council 25 – 1 10/1/2024
Youth Commission Bylaws
October 1, 2024

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution with Exhibit A

2. Youth Commission Bylaws (Red-Lined)
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Alvaro Nuñez, City Manager
City Council 25 – 2 10/1/2024
Resolution No. 2024-XXX

Page 1 of 2 ends

#434358v1
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA APPROVING REVISED BYLAWS FOR

THE YOUTH COMMISSION
WHEREAS, on September 1, 2020, Ordinance No. NS-2992 was adopted by the City Council, modernizing the municipal code by organizing and consolidating all boards, commission, and committee matters into Chapter 2; and WHEREAS, revised bylaws for the Youth Commission were developed to be in alignment with Ordinance No. NS-2992; and
WHEREAS, the existing bylaws of the Youth Commission were approved by City Council on June 15, 2021 via Resolution No. 2021-036; and WHEREAS, the Youth Commission and staff propose various changes to the exiting bylaws of the Youth Commission; and
WHEREAS, Santa Ana Municipal Code Section 2-453 requires that the City Council approve the Youth Commission bylaws.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The revised bylaws for the Youth Commission, attached as Exhibit A, are hereby approved.

Section 2. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution.

ADOPTED this ___ day of __________, 2024.
_______________________
Valerie Amezcua
Mayor
City Council 25 – 3 10/1/2024
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: _________________________________________ NOES: Councilmembers: _________________________________________ ABSTAIN: Councilmembers: _________________________________________ ABSENT: Councilmembers: _________________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________, 2024.

Date:_______________ _______________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 25 – 4 10/1/2024

YOUTH COMMISSION BYLAWS

1.0 NAME
The name of this advisory body of the City of Santa Ana shall be the Youth Commission (hereinafter "Commission").

2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION

2.1 Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies;

2.2 Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council;

2.3 Act in an advisory capacity to the City Council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and

2.4 Perform such other duties as may be directed by the City Council.

3.0 MEMBERSHIP
Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a majority of the members.

3.1 VACANCIES
Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326.

3.2 REMOVAL
A Commissioner may be removed by the City Council from the commission in the following circumstances:

3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its
official minutes; or

3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or

3.2.3 Is convicted of a crime involving moral turpitude; or

3.2.4 Ceases to be a resident of the city.

4.0 OFFICERS
The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term.

Exhibit A
City Council 25 – 5 10/1/2024

4.1 ELECTION
The election of each chairperson and vice-chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting.

4.2 CHAIR
The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council, and City staff.

4.3 VICE CHAIR
In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission.

5.0 MEETINGS
All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act".

5.1 AGENDA
Agenda items may be submitted thirty-days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary.

5.2 PROCEDURES
Rosenberg’s Rules of Order shall govern the general conduct of meetings.

5.3 QUORUM
A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal, and/or resolution.

5.4 REGULAR MEETINGS
Regular meetings of the Commission are scheduled for the Third Monday of the month at 6:00 pm. All regular meeting agendas shall be posted in a location accessible to the public at least 72 hours before the time of the meeting and must describe the business to be transacted. The Chair and Recording Secretary may cancel meetings for any reason(s) deemed necessary or infeasible to hold the scheduled meeting.

Revised: October 1, 2024
Revised: June 15, 2021
Approved: November 17, 2015
City Council 25 – 6 10/1/2024
Exhibit 2

PROPOSED

YOUTH COMMISSION BYLAWS

1.0 NAME
The name of this advisory body of the City of Santa Ana shall be the Youth Commission (hereinafter "Commission").

2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION

2.1 Act in an advisory capacity to the Ccity Ccouncil in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies;

2.2 Act in an advisory capacity and consider the proposed annual budget for the Pparks, Rrecreation and Ccommunity Sservices Aagency and make recommendations regarding youth services to the Ccity Mmanager and/or Ccity Ccouncil;

2.3 Act in an advisory capacity to the Ccity Ccouncil in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana;and

2.4 Perform such other duties as may be directed by the cCity cCouncil.

3.0 MEMBERSHIP
Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the Ccity Ccouncil, subject in both appointment and removal by the affirmative votes of a majority of the members.

3.1 VACANCIES
Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326.

3.2 REMOVAL
A Commissioner may be removed by the cCity Ccouncil from the commission in the following circumstances:

3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its official minutes; or

3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or

3.2.3 Is convicted of a crime involving moral turpitude; or

3.2.4 Ceases to be a resident of the city.

4.0 OFFICERS
The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term.

City Council 25 – 7 10/1/2024
Exhibit 2
Proposed Youth Commission Bylaws

Page 2 of 2 ends

4.1 ELECTION
The election of each chairperson and vice-chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting.

4.2 CHAIR
The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council, and City staff.

4.3 VICE CHAIR
In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission.

5.0 MEETINGS
All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act".

5.1 AGENDA
Agenda items may be submitted thirty-days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary.

5.2 PROCEDURES
Robert's Rosenberg’s Rules of Order shall govern the general conduct of meetings.

5.3 QUORUM
A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal, and/or resolution.

5.4 REGULAR MEETINGS
Regular meetings of the Commission are scheduled for the Third First Monday Wednesday of the month at 6:00 pm . All regular meeting agendas shall be posted in a location accessible to the public at least 72 hours before the time of the meeting and must describe the business to be transacted. The Chair and Recording Secretary may cancel meetings for any reasons deemed unnecessary or infeasible to hold the scheduled meeting.

City Council 25 – 8 10/1/2024
Planning and Building Agency and Public Works Agency
www.santa-ana.org/planning-and-building/
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Related Bristol Specific Plan Entitlements and Development Agreement (3600 S.

Bristol Street) and Staff Resolution Modifying Parking Districts in the Surrounding Area

AGENDA TITLE
Continued Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023-01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area
Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024.

RECOMMENDED ACTIONS

1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program;
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL

ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION

CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM

2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings;
City Council 26 – 1 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

Page 2 ends

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE

PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE

AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT,

INCLUDING SUPPORTIVE FINDINGS

3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND

COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5)

4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023-02;
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN

THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL

LLC, AND MCG BRISTOL WEST LLC

5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE

DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET
Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action:

City Council 26 – 2 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

Page 3 ends

6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91-088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required]
GOVERNMENT CODE §84308 APPLIES: Yes

EXECUTIVE SUMMARY
Steven Oh, with RCR Bristol LLC (Applicant), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (Property Owners), is seeking approval of various entitlements to facilitate establishment of a new Specific Plan (SP) and construction of a new, mixed-use urban village. The project site is located on a 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north, generally referred to as Callens Common and Metro Town Square in the South Bristol Street Focus Area of the General Plan. The site is located within the southern portion of Santa Ana at 3600, 3606, 3732, 3701, 3719, 3810, 3814, 3820, and 3900 South Bristol Street. The site includes the following nine parcels: Assessor Parcel Nos. 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25, and 412-131-26, collectively referred to as 3600 South Bristol Street.

The SP proposes up to 3,750 residential units, 200 units of senior continuum of care living, a 250 room key hotel (approximately 150,000 square feet), 350,000 square feet of commercial space, and approximately 13.1 acres of publicly accessible open space, which will be comprised of active/programmed open space, passive open space, plazas, paseos, a connecting Greenlink through the site, and similar green spaces. Staff is recommending approval of the request because the proposed SP is consistent with the General Plan land use designation for the site, implements the goals and vision of the South Bristol Street Focus Area of the General Plan, and provides for a high-quality mixed-use urban village that will contribute community benefits and new economic development opportunities for Santa Ana.

City Council Hearing on September 17, 2024
At its regular meeting on September 17, 2024, the City Council received a staff presentation, opened the public hearing, and took public comments on the item. A total City Council 26 – 3 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

Page 4 ends

of 37 individuals spoke on the item, including three individuals representing the applicant and two representing onsite land ownership. Comments ranged from those in support, those without a clear position, and those opposed. The nature of the comments in support focused on opportunities to develop the site with a new, mixed-use village that would generate positive impacts for the City and surrounding communities, while those with no clear position or in opposition focused on concerns surrounding traffic, increases in rent, and the lack of project labor agreements.

Following public comments, the public hearing was closed and the item returned to the City Council for discussion. City Council members posed nine (9) questions about the project for follow-up by the applicant and staff, after which the City Council unanimously voted to continue the matter to the regularly scheduled meeting of October 1, 2024.

Exhibit 21 outlines the City Council questions to the applicant and their responses.

Exhibit 22 outlines the City Council questions for staff and contains staff responses.

Planning Commission Hearing on August 12, 2024
The Planning Commission considered the project on August 12, 2024, and unanimously voted to recommend that the City Council approve the requested entitlements and development agreement. As part of its motion, the Planning Commission expressed a desire for two additional considerations, detailed below:

1. Describe applicability of inclusionary housing requirements to the senior continuum of care units. The motion by the Planning Commission includes a provision for the City Council staff report to further the applicability of inclusionary housing requirements to the senior continuum of care units.

Pursuant to the Affordable Housing Creation and Opportunity Ordinance (AHOCO)/Santa Ana Municipal Code (SAMC) Sections 41-1903(a) and 41- 1904, the draft development agreement (DA) provides for the applicant to pay an in-lieu fee of $5 per square foot of habitable residential area, contingent on timely payment of the $22 million community benefit payment required by the DA.

The project proposes up to 200 senior continuum of care units, which are not residential units and are instead considered commercial. The facility will offer long-term living accommodations for seniors, offering a range of supportive services that render the land use commercial, not residential. Should the applicant wish to convert these senior continuum of care units to residential units, regardless of age registration, the AHOCO would apply. These units would therefore be subject to the inclusionary housing requirements of the DA because they would then be considered residential and would not be exempt City Council 26 – 4 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

Page 5 ends

from being required to pay the $5 per square foot of habitable residential area in-lieu fee.

2. Create a community benefit payment citizen oversight committee. The DA requires a $22 million community benefit payment that will be spent at the direction of the City Council. The motion by the Planning Commission includes a provision for the City Council to appoint a resident oversight committee to advise the City Council how these funds should be spent. This oversight committee would not apply to the estimated $18 million in affordable housing in-lieu fees that are expected to be paid as part of development of the project.

Prior to the August 12, 2024 3:30 p.m. electronic comments submission deadline, the City received 25 public comments on the project that were submitted online. The majority of the comments were in opposition and focused on concerns such as density, open space, traffic, and parking. The City prepared written responses for each comment; the responses were uploaded to the record and printed for the public hearing prior to the 5:30 p.m. meeting. Those responses are attached to this report as Exhibit

14. During the public hearing, a total of 29 individuals provided comments on the project. Of the 29 comments, 18 were in support, one (1) was in opposition, and 10 expressed no clear position. The nature of the comments in support centered on the project’s proposed improvements and contributions to the community, while those in opposition or with no clearly stated position centered on concerns about density, open space, traffic, parking, and oversight of how the DA’s $22 million community benefit payment would be spent.

Additional Clarifications and Refinements
Subsequent to the August 12th Planning Commission hearing, the Applicant requested two refinements to the Development Agreement that further clarify certain issues within the Development Agreement.

The first refinement is responsive to the Commission’s provision regarding the applicability of the inclusionary housing requirements to the senior continuum of care component of the Development Agreement. The Agreement has been refined to clearly state that the inclusionary housing ordinance does not exempt age-restricted or senior residential housing from meeting affordability requirements and should the applicant wish to convert the senior continuum of care units to residential units, these units would be subject to the inclusionary housing requirements under the Agreement and would be required to pay the $5 per square foot of habitable residential area in-lieu fee.

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The Second refinement is for the purpose of advancing the development of the open space on the Project Site. The Applicant is proposing to refine the Agreement to clarify and provide the applicant the ability for early development of the open space proposed in Phase III as part of an earlier Phase (i.e. Phase II) without triggering the payment of the final $8 million community benefit payment. The refinement is a positive investment and further commits the applicant to completing the project.

Both refinements do not modify the substance of the Agreement as recommended by the Planning Commission and have been included in the draft Development Agreement attached as Exhibit 8. Furthermore, the refinements endeavor advancing the project and community benefits and are agreeable to Staff.

DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and
Council Ward
3600 S. Bristol Street – Ward 4
Nearest Intersections 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north General Plan
Designation
Existing: District Center High (DC-5)
Proposed: District Center High (DC-5) (no change)
Zoning Designations Existing: General Commercial (C2) in the general northern portion of the site and Commercial Residential (CR) in the general southern portion of the site
Proposed: Related Bristol Specific Plan (SP No. 5)
Surrounding Land Uses North
East
South
West
Commercial
Commercial
South Coast Plaza Regional Commercial Center (City of
Costa Mesa)
Commercial and Multiple-Family Residences
Property Size 41.13 acres
Existing Site
Development
The site is currently developed with various commercial uses, including big-box retail, neighborhood retail, eating establishments, service and health club uses, professional offices, and surface parking lots.

Use Permissions Mixed-use urban villages permissible by the DC-5 General Plan land use designation
Zoning Code Sections
Affected
Uses
Development
Standards
Division 25 (Specific Plan) of Article II of Chapter 41 (Zoning) of the Santa Ana Municipal Code
Appendix A, Table LU-A-1 (Interim Development
Standards) of the General Plan Land Use Element
Project Description
The Specific Plan proposes development of a new, mixed-use urban village consisting of residential, commercial, hospitality, senior care, and open space uses on the 41-acre site. The site is designed as a 21 village block layout in a grid pattern, each with mixedCity Council 26 – 6 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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use land uses. The northern portion of the site, blocks 1 through 10 (north of Callens Common), would contain up to 2,375 residential units, 100,000 square feet of commercial space, 2.5 acres of open space known as the Bristol Central Park, 0.25 acres of paseos and green-links, and 4.3 acres of other open space areas as plazas and other green spaces. Moreover, the building contained in block 4 would contain approximately 16,000 square feet of amenity interior space for private use by residents of the new community. Design guidelines and development standards for this portion of the site are intended to produce a medium-intensity village to transition the site from the urban uses at the southern end to the existing, medium-intensity residential communities and commercial developments to the north of the project site.

The southern portion of the site (“Village Core”), blocks 11-21 (south of Callens Common), would form the mixed-use, urban core of the project site. This portion would contain up to 1,375 residential units, 250,000 square feet of commercial space, 250 hotel room keys, 200 units of senior continuum of care living, 1.5 acres of open space known as the Bristol Plaza/Bristol Green, 0.3 acres of paseos and green-links, and 4.3 acres of other open space areas in the form of plazas, parks, and other green spaces.

As this portion of the site would contain fewer residential units and more commercial space, design guidelines and development standards for this portion of the site are intended to produce an urban heart for the community, with medium- to high-intensity development that matches the scale of development surrounding the southern portion of the project site.

Table 2: Specific Plan Land Use and Parking Summary
Land Use Proposed Intensity Existing Intensity Proposed Parking Residential Up to 3,750 units 0 units 1.3 constructed spaces per unit, inclusive of up
to 10%
tandem/compact (up to

2.0 spaces per unit
with parking
management and
valet)
Senior
Living/Continuum of
Care
Up to 225,000 square
feet/200 units
0 square feet/units 0.6 spaces per unit,
subject to approval of a
coordinated
transportation
management service
Hospitality (Hotel) Up to 150,000 square
feet/250 room keys
0 square feet/room
keys

0.6 spaces per room
key
Commercial Up to 350,000 square
feet
465,063 gross square
feet

4.0 spaces per 1,000
square feet
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Land Use Proposed Intensity Existing Intensity Proposed Parking Open Space (Publicly
Accessible)
Up to 13.1 acres 0 acres N/A
Total Parking Spaces Constructed: 6,520
With Valet: 8,940
In addition to the uses above, the SP is structured to foster creation of a multi-modal, mixed-use urban village to implement the vision of the General Plan for the South Bristol Street Focus Area. Development standards are proposed to establish wide sidewalks along all street frontages, pedestrian pathways with opportunities for outdoor dining, landscape buffers between the sidewalks and street, bike lanes, and landscape medians. The site would be developed as 21 blocks; multiple roadways designed to create a grid pattern found in contemporary, mixed-use villages as a means of creating more walkable, pedestrian-scaled communities would bisect the site. Onsite roadways would also be designed with similar principles, with sidewalks, landscape buffers, onstreet parking, and vehicle travel lanes.

Residential and Senior Care Components
The SP would allow for up to 3,750 residential units. As proposed, all residential units would be multi-family units in midrise structures. The majority of the project’s 21 blocks would contain upper-level residential units, while some of the blocks in the northern portion would contain ground-level residential units, similar to the existing developments to the west and north of the project site.

As the requested actions would establish a specific plan, individual residential buildings and unit configurations would be reviewed as each implementing project is submitted to the City for review through the administrative Development Project Review process, similar to what takes place in other master-planned areas of the City, such as the MainPlace or Harbor Boulevard specific plan areas. Should individual buildings fail to satisfy the development standard and design requirements of the Specific Plan, they would be remanded to the Planning Commission for review.

In addition to the residential component, the SP would allow for up to 200 senior continuum of care living units, which are commercial in nature. This component would allow for “aging in place,” with a range of services and living accommodations ranging from assisted living to skilled nursing and memory care, similar to existing facilities found in Santa Ana such as Town & Country Manor near City Place. In the SP, the senior continuum of care living units are envisioned to form one of two high-rises in the community, with the other being the hotel. As proposed, the facility would contain 20 stories (285 feet maximum) and provide for 0.6 parking spaces per unit, a rate that takes into account reduced private vehicle ownership by residents but that also provides for enough staff and service parking.

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Commercial and Hotel Components
The SP would allow for up to 350,000 square feet of commercial space for a variety of retail, eating establishment, service, and complementary uses designed to promote a high-quality, urban village. The SP proposes a use matrix that focuses the most intense commercial development in the southern portion of the site that is adjacent to South Coast Plaza and the adjacent, existing commercial and high-rise office uses in the area.

Should uses and definitions transition over time, the SP contains flexibility that allows the Executive Director of the Planning and Building Agency to issue a use determination while maintaining consistency with the purposes and intent of the SP.

To ensure a broad range of regional and local-serving commercial uses are provided for in the site, the SP proposes a variety of commercial space configurations. Commercial uses will be permissible in mixed-use residential and commercial buildings, as standalone commercial buildings in the southern heart of the Village Core area, or integrated as part of the proposed hotel. The commercial component of the SP will be parked at four (4) spaces per 1,000 square feet of gross floor area, a rate which is commensurate with commercial parking ratios for planned shopping centers.

In addition to the 350,000 square feet of commercial space, the SP proposes a 250 room key hotel at the southern portion of the Village Core with full amenities, such as dining, conference, and business centers, rooftop amenities, and other features commensurate with high-quality hospitality uses. In the SP, the hotel would form one of two high-rises in the community, with the other being the senior continuum of care living units. As proposed, the hotel would contain 25 stories (285 feet maximum) and provide for 0.6 parking spaces per hotel room key, a rate that takes into account the site’s proximity to John Wayne Airport and reduced demand for parking by individual guests but that is 0.5 spaces per room less than standard Santa Ana Municipal Code (SAMC) requirements.

Open Space
A total of up to 13.1 acres, or almost one-third, of the project site are proposed as publicly accessible open space areas. These open space areas are envisioned in a variety of formats, including the Bristol Central Park (2.5 acres) in the northern portion of the site, the Bristol Green and Bristol Plaza (1.5 acres combined) in the Village Core (southern) portion of the site, and various paseos and green-links (9.1 acres), which are travel ways with generous landscaped areas for cyclists and pedestrians. Open space areas will be programmed for a variety of uses, such as active and passive recreation, amphitheaters and performances, farmers markets, kiosks, and other supportive uses designed to ensure long-term quality and use by Santa Ana residents, community organizations, and businesses.

City Council 26 – 9 10/1/2024
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The proposed open space amounts to an average of 200 square feet per residential unit. The SP requires a minimum of 50 square feet of private open space per residential unit through balconies or patios, while the remaining 150 square feet of open space per unit will be in common open space areas for residences. These include courtyards, pool and spa areas, dog parks, roof decks, fitness rooms, business centers, and other amenities typically found in highly-amentized residential communities.

Specific Plan
A specific plan is a zoning tool available to local jurisdictions to establish a master plan that ensures high-quality, long-term development over a defined area. The specific plan has been identified as the appropriate zoning tool for the project site to implement the Land Use Element of the General Plan, and due to the desire to redevelop the site with new uses over time; to ensure high-quality streetscape, open space, architectural, and landscape design; and to reflect the single ownership of the entire project site.

California Government Code Sections 65450 through 65457 address specific plans.

Section 65451 of the California Government Code mandates that a specific plan contain the following components: Introductory Plan Information, Summary, Introduction, Land Use Planning and Regulatory Provisions, Infrastructure Plan, Program of Implementation Measures, Relationship of the Specific Plan’s Environmental Document to Subsequent Discretionary Projects, Specific Plan Administration, Specific Plan Enforcement, and Appendices. Moreover, a specific plan must contain provisions or requirements for funding of public improvements and collection of fees.

The proposed Related Bristol Specific Plan, Specific Plan No. 5 (SP-5), contains the required components listed above (Exhibit 7). The Specific Plan details the site’s context and setting, including its relationship with the surrounding community and its intent of creating a mixed-use urban village with commercial, employment, residential, open space, and visitor amenities and components that are consistent with the vision of the General Plan.

Specific plans are a mechanism to ensure that projects develop in an organized and a cohesive manner. Specific plans incorporate a development framework for land use, circulation, and infrastructure including drainage, sewer, and water facilities. Specific Plans also set the guidelines for implementing projects within the SP area relating to architecture, urban design, and landscaping.

The Specific Plan is intended to achieve the following:
• Ensure consistency with the General Plan by carrying out its applicable goals, policies, and requirements.

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• Implement the General Plan vision that the Specific Plan for the South Bristol Street Focus Area establish the building improvements, infrastructure, recreational features, and other identified facilities, services, and amenities (collectively, the Plan development features) and shall be guided by the standards and guidelines provided by this Specific Plan. • Provide for the improvements necessitated by the development within the Specific Plan area.
• Comply with all requirements of Specific Plan law, including the provision of financing.

A comprehensive set of design guidelines and development regulations are included to guide and regulate site planning, landscape, and architectural character within the Specific Plan area ensuring that excellence in design is achieved during project development. The Related Bristol Specific Plan establishes the procedures and requirements to approve new development within the SP area. In addition, SP-5 contains six guiding principles that are intended to realize the success of the site and the General Plan as a regional destination and as a contributor to the existing community. The six guiding principles are:

1. Economic Activity – Related Bristol offers a uniquely urban setting in the heart of Orange County, leveraging walkability, place-making, and vibrant mixed-use density to add value to the greater neighborhood and City. Related Bristol addresses the evolving nature of retail and commercial real estate which necessitates a strategic holistic approach to ensure economic vitality into the future.

2. Culture – Related Bristol will be a dynamic mixed-use hub for the community and complementary of neighborhood cultural touchstones.

3. Community, Inclusion, and Connectivity – Related Bristol is shaped around dynamic open spaces that unite the residents, neighborhood, and greater community. The publicly accessible open space serves as a destination for both organized and informal community connections.

4. Mobility – Related Bristol's multi-modal mobility strategy prioritizes the pedestrian experience, while strategically addressing the realities of vehicular traffic.

Additionally, the central location of the site presents the opportunity for increased connectivity to the greater neighborhood via bicycle paths.

5. Sustainability and Resilience – Related Bristol will take proactive measures to address the sustainability and resilience needs of the site. Avenues for reduced energy consumption, heat island effect, and water use will be considered.

6. Urban Form and Architectural Quality – Related Bristol’s urban form will be characterized by its human scale, its engaging, memorable architecture, and the flow between indoor and outdoor spaces.

City Council 26 – 11 10/1/2024
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Implementing projects would be submitted to the City for review on a case-by-case basis, requiring administrative review unless thresholds are met to require review and approval by the Planning Commission and/or City Council. Development regulations within the SP will ensure that projects are constructed pursuant to standards establishing setbacks and pedestrian zones, parking, and height. Allowable uses are defined for the two different sub-districts within the SP to ensure compatibility with surrounding communities. Design Guidelines and Implementation sections within the SP will ensure that implementing projects are high-quality and reviewed consistently, streamlining the process for new developments in the SP area.

Project Background
The Land Use Element of the General Plan references that “Interim Development Standards provide a framework for connecting the General Plan land use designations for each focus area with the City's existing zoning ordinance, specific plan(s), and/or specific development(s) plan provisions in regards to the use and mixed-use development standards (i.e. density, building type, parking, open space, etc.).” However, the Land Use Element references development or adoption of specific plans as a tool to implement the General Plan post-adoption (Action No. 2.12). As the General Plan Update was completed and adopted in April 2022, the proposed SP-5 has been identified as the appropriate tool to entitle the proposed site development.

General Plan Update (2022)
In April 2022, the City Council adopted an updated General Plan that establishes the long-term vision for the City of Santa Ana, and provides a vision for the site as a gateway into the City designed as a high intensity mixed-use urban village. The proposed SP and its development program are consistent with, and implement, that vision.

The General Plan Land Use Element contains five Focus Areas, which are portions of Santa Ana that were analyzed through a seven-year visioning process with the community to evaluate potential for new or modified land uses. The project site is within the South Bristol Street Focus Area, which according to the General Plan, “represents Santa Ana’s southern gateway and is a part of the successful South Coast Metro area.

Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto-oriented shopping plazas to walkable, bikefriendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses.” According to the General Plan, the South Bristol Street Focus Area contains 220 existing housing units but envisions 5,272 additional housing units. The Focus Area envisions a built environment with the following components:

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1. New development will establish vibrant public outdoor space appropriately scaled to the size and type of project.

2. Building design should be dynamic and strong, creating a distinct impression.

3. Office and Mixed-use spaces of similar scale to those south of Sunflower Avenue are envisioned between Sunflower Avenue and MacArthur Boulevard.

The City’s intent for this area builds off the South Bristol Street Objectives as outlined on page LU-61 of the General Plan Land Use element:
• Capitalize on the success of the South Coast Metro area; • Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; • Realize an intense, multistory presence along the corridor; and • Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods.

Within the South Bristol Street Focus Area, the SP area is designated District CenterHigh (DC-5). The District Center designation includes the major activity areas of the City of Santa Ana, designed to serve as anchors to the City’s commercial corridors and to accommodate major development activity. Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum building height of 25 stories. The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre project site. As proposed, the Specific Plan will result in an FAR of 2.7, which is within the maximums permissible by the General Plan.

Site Information and History
The SP area is located within the larger South Coast Metro area of Orange County, one of the most intensive and urban mixed use areas of Orange County. The South Coast Metro area includes retail, Class “A” office, high and mid-rise residential, hotels, restaurants, and a state of the art performing arts center. The area is largely centered around South Coast Plaza in the adjacent City of Costa Mesa. This metro area is located at the confluence of the regional freeway systems and major arterials, providing access to Orange County, Los Angeles, San Diego, and the Inland Empire. John Wayne Airport, a commercial airport serving the Orange County area, is located less than 1.5 miles from the SP area.

The existing shopping center contains six parcels based on recorded Parcel Maps from the late 1970s. The present shopping center includes approximately 465,063 square feet of retail uses and the associated surface parking required to serve those uses.

Existing uses include general retail, financial, food service, fitness, grocery, and City Council 26 – 13 10/1/2024
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medical-related uses. The site includes three (3) multi-story buildings and 11 one-story buildings with single and multiple tenants. All parking is currently provided in 2,381 surface parking spaces in areas located throughout the project site. In prior years, the Planning Commission approved Variance Nos. 2000-02 and 2011-08, allowing for 12.8 and 12.0-percent reductions in onsite parking, respectively. The variances were approved to facilitate construction of a health club (currently operating as LA Fitness) and a new retail/restaurant building at the southeast corner of the project site.

The existing commercial development on site known as the Bristol Center has undergone several renovations since its construction. In the early 1900s, the site was used for farming of sugar beets and lima beans. Following construction of South Coast Plaza in the late 1960s, additional commercial, multiple-family residential, hospitality, and community uses followed in the South Coast Metro area. The Project site was developed into a shopping center in the 1970s and it has remained in commercial use since that time. All commercial leases on the project site are set to expire in 2025.

Analysis
An analysis of the proposed Specific Plan is presented in Table 3, below and on the following pages.

Table 3: Issues Analysis
Issue Analysis
Scale and
Compatibility
The SP is intended to produce a dynamic, mixed-use village that is integrated into and respects the surrounding community. The General Plan land use designation of DC-5 for the site allows developments up to 25 stories tall and with a floor area ratio (FAR) of 5.0. The SP proposes several buildings not to exceed 25 stories with a majority between 1 and 7 stories and with a FAR of

2.7, which is consistent and below the maximums prescribed by the General Plan.

The project site is surrounded by commercial and multiple-family residential communities. New buildings will be limited to 8 stories in height in various segments of the northern portion of the site, while more intense development is allowed along the western and southern portions of the SP area adjacent to existing mixed-use and commercial developments. The SP’s design guidelines will ensure that new projects are built to be compatible with existing surrounding uses by incorporating step-backs (Sections 3.2 – Land Use Plan, and 5.5.1 – Site Planning Guidelines) and other features to reduce massing, while the street plans for onsite roadways will ensure sufficient buffers between roadways, sidewalks, plaza areas, and buildings.

Density The existing DC-5 General Plan land use designation permits residential density at the site up to 125 dwelling units per acre. The SP proposes a residential density of 91 dwelling units per acre, which is below the permissible 125 dwelling units per acre maximum. Typical residential densities of existing multiple-family communities in the area range from 16 to 25 dwelling units per City Council 26 – 14 10/1/2024
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Issue Analysis
acre, which is below the 91 proposed by the SP. However, the SP includes a variety of development standards, design guidelines, and amenities designed not only to reduce the impact of higher-density residential development, but to also enhance existing community-wide amenities for existing residences surrounding the site. The project will feature 13.1 acres of publicly accessible open space, which will be accessible to all Santa Ana residents and programmed regularly with functions to provide active and passive recreation.

Finally, a minimum of 200 square feet of residential open space and amenity space will be required for each residential unit within the SP area, ensuring a livable environment for residents.

Onsite Parking The entire site currently contains 2,381 surface parking spaces. As part of the review of the proposed SP, a parking study was prepared to evaluate the proposed parking ratios detailed in Table 2 of this staff report (Exhibit 7). The study, prepared by Linscott, Law ,and Greenspan Engineers (LLG), finds that the proposed total 6,520 onsite parking spaces is sufficient to accommodate the land uses proposed on the site. In particular, the parking study closely evaluates projected residential demand and supports the proposed residential parking ratios:
• Constructed spaces: 1.3/unit
o 4,875 spaces for residences
o 1,645 spaces for commercial components
• Constructed spaces + valet/other management: 2.0/unit o 7,295 spaces for residences
o 1,645 spaces for commercial components
The majority of parking in the community would be below grade (underground), similar to the parking configuration in place at Crystal Court, part of South Coast Plaza in Costa Mesa. On-street parking would be provided along onsite site roadways, and residential communities would contain “wrap” or “podium” parking structures for dedicated parking for each residential building. The Specific Plan allows for shared and alternative approaches to parking as technology evolves and parking demand is reduced through innovations such as parking lifts, enhanced transit, and ridesharing. Tandem stalls and compact stalls (up to 10%) would also be provided, subject to staff review and approval of a parking management plan or valet program.

Regional Housing
Needs Allocation
(RHNA)
The Housing Element Annual Progress Report includes a summary of Santa Ana’s progress in meeting its share of the RHNA. The State of California has placed an urgent emphasis on housing of all types. Santa Ana’s Regional Housing Needs Allocation (RHNA) for the next General Plan Housing Element cycle, which extends from 2021-2029, includes 3,137 housing units. This allocation is for housing units to be constructed to support the anticipated growth in the City over this period.

The City of Santa Ana has a proven track record of not only planning for housing but issuing building permits for the construction of housing at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-2021) RHNA by over 2,300%. The City is also on pace to meet or well exceed its affordable City Council 26 – 15 10/1/2024
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Issue Analysis
housing and other residential development requirements for the 6th Cycle (2021-2029) planning period, far outpacing any city in Orange County, as evidenced by issuing 1,635 permits for housing units across all affordability categories, fulfilling 52% of its RHNA less than two years into the eight-year planning period. The Related SP assists the City in achieving its housing goals in a location where high intensity urban development is both achievable and consistent with the current and envisioned surrounding urban form. The project is proposing up to 3,750 market-rate units. The City’s RHNA allocation for Above Moderate (>120% of area median income, or AMI) for the 6th Cycle (2021-2029) planning period is 1,625 dwelling units. Therefore, the proposed development may achieve 2.31 times the allocated Above Moderate dwelling units for the planning period.

Consistency with the
Affordable Housing
and Opportunity
Creation Ordinance
(AHOCO)
The City’s inclusionary housing ordinance, known as the Affordable Housing and Opportunity Creation Ordinance (AHOCO), generally applies to housing projects proposing five or more units that are also requesting an increase in allowable density or are located in certain sections of the City that were “upzoned,” such as through a City-initiated zone change or general plan amendment to allow additional residential development after November 28, 2011. As the proposed project is located in a section of the City that meets this threshold, the South Bristol Street Focus Area, the applicant’s request is subject to the AHOCO requirements of production of affordable housing or payment of in-lieu fees. Pursuant to Santa Ana Municipal Code Sections 41-1903 (Exempt projects) and 41-1904 (Options to satisfy inclusionary requirements), the applicant has indicated intent to select the option to pay in-lieu fees at a rate of $5 per square foot of habitable residential area. Based on available figures for the project and under the current ordinance, staff’s analysis of the project indicates the project could generate between $9,375,000 and $18,750,000 in inlieu fees, based on 3,750 units proposed, unit types/mix, and square footages.

Any in-lieu fees generated by the project must be spent on production of affordable housing in the City of Santa Ana.

During the extensive outreach conducted as part of the project’s review process, the community identified onsite parking supply and availability as a key concern.

Specifically, the community identified parking concerns related to availability for the commercial components (supply, ease of access, and wayfinding) and the residential components (sufficient parking for future residents and their guests). Table 4, below, analyses the project’s proposed parking supply against current Santa Ana Municipal Code (SAMC) requirements.

To address the differences in parking between the SAMC and the proposed SP, the applicant prepared a comprehensive parking study and parking management plan. The study and plan evaluate the proposed project, the project’s anticipated parking demands, actual parking demands based on field observations at other similar multifamily communities, parking impacts, and means to mitigate any parking impacts of the project. To verify the findings of the study, City staff visited a dozen residential and City Council 26 – 16 10/1/2024
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mixed-use multifamily communities in Santa Ana and Costa Mesa to observe required vs. actual parking remands during early evening, late evening, and weekend visits. The field observations are consistent with the conclusions of the applicant’s parking study and parking management plan. The study and plan (Exhibit 7) conclude that the proposed parking ratios, coupled with management strategies that include valet, vehicle lifts, and maximizing use of nearby transit, are sufficient to address parking demands for both the tenants and visitors of the project.

Table 4: Parking Analysis
Land Use SAMC Requirement Proposed in SP Difference
Residential 1.0 spaces per dwelling unit, plus

1.0 space for each bedroom,
plus spaces for guests calculated
at 25% added to the gross
calculation of 1.0 spaces plus 1.0
for each bedroom (minimum total
per unit is 2.25 spaces)

1.3 spaces per dwelling unit, up
to 2.0 spaces per unit with
valet/parking management,
inclusive of guest parking and up
to 20% compact and tandem
spaces

0.95 spaces
per unit
Commercial Range per 1,000 sq. ft. of gross
floor area:
• 5.0 spaces
(retail/service/medical
office)
• 8.0 spaces (restaurants)

4.0 spaces per 1,000 sq. ft. of
gross floor area

1.0 to 4.0
spaces per
1,000 sq. ft.
of gross floor
area
Hotel 1.1 spaces per room 0.6 spaces per room 0.5 spaces per room
Senior
Continuum
Care
Range of 1.0 (one-bedroom) to

1.5 (two-bedroom), plus spaces
for guests calculated at 15%
added to the gross calculation
(minimum total per unit is 1.15
spaces)

0.6 spaces per unit 0.55 spaces
per unit
Amendment Application (Zone Change)
The subject site is currently in the General Commercial (C2) and Commercial Residential (CR) zoning districts. The existing zoning districts permits a variety of commercial uses and includes all uses that are permitted in the Community Commercial (C1) zoning district, and limited residential development. In addition to those uses, the C2 zoning district permits limited wholesale, research and development, equipment sales, car washes, trailer parks and camps, thrift shops, food distribution centers, indoor swap meets, warehouse stores, and superstores. These uses are permitted by right or are subject to approval of a conditional use permit. The existing C2 and CR zoning designations do not meet the goals and objectives of the project or the General Plan land use designation of DC-5 to produce a dynamic mixed-use village with residential, City Council 26 – 17 10/1/2024
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hotel, senior care, commercial, and open space land uses. Therefore, approval of the requested amendment application to establish the SP is required to implement the vision of the project and to establish consistency with the General Plan.

The proposed SP will establish permitted uses that will be permitted by right, subject to a conditional use permit, or subject to other minor reviews. The uses are intended to create a dynamic, mixed-use environment anchored by a central commercial core and surrounded by complementary land uses. These uses differ from those allowed by the existing C2 and CR zoning district designations at the site, which permit a broader range of commercial activities, many of which do not support the stated goals and vision for the project site.

The 2022 General Plan Update (GPU) provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045, and provides a comprehensive land use, housing, circulation and infrastructure, public service, resource conservation, and public safety policies for the entire City. The updated GPU Land Use Element guides growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) by designating land uses. The Related Bristol development plan is consistent with, and implements, the City’s vision for the DC-5 and the South Bristol Focus Area. The SP itself contains an Appendix B, which further details General Plan Consistency of the proposed zone change.

Specifically, the SP and requested entitlements address General Plan consistency in the following manners:
• The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.”
• Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project.
• The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan.

No General Plan Amendment is required nor proposed.
• The General Plan envisions “urban villages,” “an intense multistory presence,” and “mixed use opportunities”. The Development Plan implements this vision City Council 26 – 18 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan.
• The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts.
• The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement.
• The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment.
• The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana.

Moreover, the SP and requested entitlements are consistent with multiple General Plan goals and policies. Exhibit 12 contains a full list of all applicable General Plan goals and policies that support the project.

Vesting Tentative Tract Map
The applicant has submitted a vesting tentative tract map to subdivide the project site into 21 master lots, 205 airspace lots, and 12 private road lots within the Specific Plan area (Exhibit 9). The subdivision will allow the financing of individual components of the project site due to differences in funding mechanisms for commercial, residential, mixed-use, service-oriented, parking, and open space areas of the project site.

The vesting tentative tract map details roadway and utility improvements, as well as creation of new private roadways on the project site in order to develop the site as a pedestrian-oriented, mixed-use urban village with smaller blocks. CC&Rs will be adopted to define the operating and maintenance requirements. They will also maintain a property owner’s association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Specific Plan area.

Approval of the vesting tentative tract map is consistent with the General Plan land use designation for the site, and the proposed project as conditioned conforms to all applicable requirements of the zoning and subdivision codes as well as all other applicable City ordinances, including the proposed Specific Plan. Moreover and as detailed in earlier analyses in this report, the project site is physically suitable for the City Council 26 – 19 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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type and density of the proposed project, and the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Lastly, the design or improvements of the proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project.

The project is located in an already-urbanized area that is proposed for redevelopment with additional urbanization in the form of commercial, service, hospitality, residential, and open space land uses, and the site is already served by infrastructure necessary to support the development. The project and its proposed subdivision have been thoroughly reviewed by City agencies, as well as the City’s environmental consultant for the project, to ensure the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. This review also ensures that the design or improvements of the proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project.

Development Agreement
The applicant has requested approval of a development agreement (DA). Development agreements are contracts negotiated between project proponents and public agencies such as the City of Santa Ana that govern the land uses that may be allowed in a particular project (California Government Code Section 65864 et seq.). Although a DA is subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan such as the proposed SP-5 (California Government Code Section 65867.5). Approval of a DA requires adoption of an ordinance.

To evaluate the proposed DA and identify priorities for the DA’s terms, the City Council formed an ad hoc committee in October 2023 comprised of three City Council members.

The ad hoc committee met regularly between October 2023 and June 2024 to review the applicant’s proposed terms, identify community priorities, and ensure that the final DA addresses the ad hoc committee’s priorities. While review of a DA is a private contractual process, the extensive community engagement process, and routine staff meetings with City Council and Planning Commission members, ensured that community priorities were effectively communicated to the ad hoc committee and informed the negotiation process.

The SP’s DA addresses the agreement’s term (duration), extensions, community benefits, indemnification, monitoring and reporting, inclusionary housing, hotel economic benefits, open space, infrastructure, modifications, and other relevant items City Council 26 – 20 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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(Exhibit 8). These terms have been crafted to ensure high-quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points in Table 5, Development Agreement Major Deal Points.

Table 5: DA Major Deal Points
Topic Ad Hoc Committee
Recommendation
Proposed by DA
Recordation Record the DA against the property,
not the leaseholder.

Consistent – The DA will be recorded
against the fee property subject to
terms and conditions of a Joinder.

Term (Duration) and
Extension
One 20-year term, and one 5-year
extension.

Consistent – The DA will have a
single 20-year term. In addition, The
DA will allow for a single 5-year
automatic extension provided grading
permits have been issued and
construction has commenced on (a)
no less than 250,000 square feet of
non-residential floor area (e.g., retail,
grocer, restaurants), and (b) a hotel
subject to financial feasibility.

Timing (Phasing) Require commencement of
construction for at least 175,000 sq.
ft. of commercial building area for any
residential permits in excess of 1,875
units. Phase 1 or 2 shall have a
grocer of at least 35,000 sq. ft.

Consistent – the DA stipulates that no
building permits for residential units
shall be issued in excess of 1,875
unless and until Owner commences
construction activities for at least
175,000 square feet of commercial.

Commercial in Phase 1 or Phase 2
shall include a grocer of no less than
35,000 square feet, which supports
the community’s and City’s goals of
maintaining a full grocer in the area.

Community Benefits Concurrent with construction of Phase 1, Owner shall provide, if requested
by the City, exclusive use of a 500-
square foot space and 3 dedicated
parking for use by the Police
Department as an administrative
substation. Additionally, a
$22,000,000 Community Benefit
Payment will be paid in a threepayment schedule.

Consistent – Developer agrees to
provide a Police Department
substation, and the $22,000,000
Community Benefit Payment shall be
paid to City by Owner pursuant to the
following schedule: (1) $8,000,000
prior to or concurrent with the
issuance of the first demolition permit
in furtherance of the Project’s first
Specific Plan Phase; (2) $6,000,000
prior to the issuance of the first
building permit in furtherance of the
Project’s second Specific Plan Phase;
City Council 26 – 21 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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Topic Ad Hoc Committee
Recommendation
Proposed by DA
and (3) $8,000,000 prior to the
issuance of the first building permit in
furtherance of any component of the
Project’s third Specific Plan Phase
except for building permits in
furtherance of the Project Open
Space.

Hotel Economic
Benefits
Ensure in the DA that the hotel is
operated by an internationally
recognized flag or boutique operator,
with proven performance records, at a
minimum four-star (out of 5) rating.

Consistent – The hotel(s) shall be
operated under a recognized hotel
flag or by a boutique hotel operator
with a demonstrated track record of
success operating similar hotels. The
developer will secure a four-star hotel
or above.

Open Space Accept the construction of 13.1 acres
of contiguous onsite open space to
satisfy the City’s park provision and
fee requirements. The developer must
enter into a public access easement
for the open space, and must be
recorded on the property, that
endures for the life of the project or
residential uses on the property.

The Project’s open space will be
constructed in a timely manner in
accordance with the project’s
phasing, with “springing” easements
recorded commensurate with phases
to ensure public access.

The Supplemental EIR prepared for
the project identifies that the project
will result in a demand for 27.7 acres
of open space, which is 14.6 acres
more than the 13.1 acres provided on
site. However, the project will remain
consistent with the General Plan
pursuant to Table OS-3 (Open Space
Element Implementation) of the
General Plan, Action Nos. 1.7 and

1.10. Action No. 1.7, which
recognizes the challenges and
difficulty in creating new open space
and parklands in a built-out
environment and provides for a
reduction in on-site open space by
giving credits for park land for public
use as an incentive toward developer
creation of open space areas that are
accessible to the public. Action No.

1.10 encourages collaboration with
property owners to provide public
access and programming on private
open space.

City Council 26 – 22 10/1/2024
Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024

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