*Resource Name or #: Smith House
B1. Historic Name: Smith House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Minimal Traditional
*B6. Construction History: (Construction date, alterations, and date of alterations):
February 14, 1952. Permit to construct a 6-room stucco residence and garage. Vallue not indicated.
April 16, 1952. Permit for plastering by Morrison. No value indicated.
May 19, 1952. Permit for one fixture for H. Mumper. $95.
January 31, 2023. Permit to install rooftop solar panels. 1$14,000.
May 6, 2024. Permit to demolishpatio cover. $1,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:______________ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Charles Lawrence (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1952 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Smith House is architecturally significant as an intact example of Minimal Traditional-style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six-room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000. The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumfer"). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least as recently as 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents François-Xavier and Roxana Fyad took ownership of the property. (Continued on page 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheets 3 and 4)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Smith House
2539 French Street
N
City Council 23 – 62 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage, located southeast of the residence, was constructed in a style similar to the residence (Figure 7). It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non-original metal roll-up garage door is located on the main (west) façade, opening toward a concrete-paved driveway leading to French Street. A wood-panel door and double-hung wood-sash window are located on the secondary west façade. *B10. Significance (continued):
The Smith House is located in the Park Santiago neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and ca rpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.
The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional-style house in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is “contributive” because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood (Santa Ana Municipal Code, Section 30-2.2.3). Character-defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) façade; moderatelypitched cross-hipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood-frame multi-pane double-hung wood-sash windows; tripartite wood-sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. *B12. References (continued):
Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011.
City of Santa Ana Building Permits
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Anaheim Bulletin, The Register)
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
City Council 23 – 63 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the rear (east) elevation, the patio is located near the rear wind, partially sheltered by a broadly
overhanging eave, facing west.
Figure 3. The primary (west) façade showing the front
door and sidelight assembly, including the ribbed-class sidelight pane, facing east.
Figure 4. The front porch, located on the primary (west) façade, is partially enclosed on the north by a low, wood railing featuring an offset grid pattern, facing southeast.
Figure 5. Tripartite focal window on the front (west) façade consists of a fixed central sash two flanking double-hung sashes, facing north.
Figure 6. The patio, at a juncture of the south and east elevations, is the location of the rear patio and two
secondary entrances, facing north.
Figure 7. The detached garage, located southeast of the primary residence, has a pyramidal roof moderate
overhangs and asphalt shingle cladding to match the
residence, facing southeast.
City Council 23 – 64 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
- 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, and such design is compatible with City Council 23 – 65 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
- 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 – 66 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2539 French Street
Item Year Improvement
1 2025 Repair and replace roof overhang features as needed. 2 2026 Replace non-compatible south-facing rear door with a more appropriate alternative.
3 2027 Trim and maintain front yard shrubs and other landscaping to ensure ongoing clear view of the residence’s primary (west) façade from the public right-of-way. 4 2028 Repaint residence and garage.
City Council 23 – 67 10/15/2024
Planning and Building Agency
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 5, 2024
Topic: HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 – Smith House (2539 French Street)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2024-06 and Historic Register Categorization No. 2024-04 (Exhibit 1).
2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with François and Roxana Fyad, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
François and Roxana Fyad are requesting approval to designate an existing Minimal Traditional-style residence located at 2539 French Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional-style house. It is worthy of “Contributive” categorization because it a good example of the Minimal Traditional style, including its compact, irregular plan; moderately rough stucco cladding; asymmetrical façade and double-hung wood-sash windows, among other features.
DISCUSSION
Project Location and Site Description
The subject property is located on the west side of French Street in the Park Santiago neighborhood in Santa Ana. The site contains a 1,508-square-foot, Minimal Traditionalstyle residence and detached garage, on a 6,662-square-foot residential lot (Exhibit 3).
City Council 23 – 68 10/15/2024
HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 – Smith House (2539 French Street)
September 5, 2024
Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.
The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 72 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The Smith House is architecturally significant as an intact example of Minimal Traditionalstyle house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six-room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000. The original architect is unknown.
Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumfer"). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents François and Roxana Fyad took ownership of the property.
The Smith House is a modest, intact example of a one-story, Minimal Traditional-style single-family residence and detached garage. It is characterized by a compact and irregular plan, cross-hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front-facing City Council 23 – 69 10/15/2024
HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 – Smith House (2539 French Street)
September 5, 2024
west façade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a wood post and wood railing system with an offset grid design. To the left of the porch, a tripartite focal window consists of a multi-pane fixed wood-sash window, flanked by a pair of doublehung wood-sash windows of similar style. Overall, the series of broad rectangular panes provides a horizontal emphasis to the façade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature double-hung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design. The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction.
The detached garage, located southeast of the residence, was constructed in a style similar to the residence. It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non-original metal roll-up garage door is located on the main (west) façade, opening toward a concrete-paved driveway leading to French Street. A wood-panel door and double-hung wood-sash window are located on the secondary west façade.
Character-defining features of the Smith House include, but may not be limited to:
compact, irregular plan; asymmetrical primary (west) façade; moderately-pitched crosshipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood-frame multi-pane doublehung wood-sash windows; tripartite wood-sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional-style home in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is “contributive” because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary 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 generates a different valuation method in determining the property’s assessed City Council 23 – 70 10/15/2024
HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 – Smith House (2539 French Street)
September 5, 2024
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 • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.
Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: continued repair and repainting of roof overhang, repainting of the residence and garage, replacement of the non-compatible south-facing rear door with a more appropriate alternative, and trimming and continued maintenance of front yard shrubs and other landscaping to ensure a clear view of the residence’s primary (west) façade from the public right-of-way. 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. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
Public Notification
The subject site is located within the Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.
City Council 23 – 71 10/15/2024
HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 – Smith House (2539 French Street)
September 5, 2024
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. 2024-67 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 $634.45 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
4. Copy of Public Notice
Submitted By: James Williams, Contract Planner
Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 72 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2024-06 TO PLACE THE PROPERTY LOCATED AT 2539
FRENCH STREET, SANTA ANA, ON THE HISTORICAL
REGISTER AND APPROVING HISTORIC REGISTER
CATEGORIZATION NO. 2024-04 PLACING SAID
PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On September 5, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2024-06) and categorization (Historic Resources Commission Categorization No. 2024-04) of the Smith House located at 2539 French Street, Santa Ana.
B. The Smith House has distinctive architectural features of the Minimal Traditional style and was built in 1952.
C. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Minimal Traditionalstyle home in Santa Ana. The house displays characteristics of the Art Moderne style through its use of smooth compact plan, asymmetrical façade, and cross-hipped roof, among other original features. The recommended categorization is “Contributive” because it is a good example of the Minimal Traditional and contributes to the character and history of its neighborhood (Santa Ana Municipal Code, Section 30-2.2). Characterdefining features of the Smith House include, but may not be limited to:
compact, irregular plan; asymmetrical primary (west) façade; moderatelypitched cross-hipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood-frame multi-pane double-hung wood-sash windows; tripartite wood-sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane.
D. The legal owners of the property are François-Xavier Fyad and Roxana Fyad.
City Council 23 – 73 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.
H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act Agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including continued repair and repainting of roof overhang, repainting of the residence and garage, replacement of the non-compatible south-facing rear door with a more appropriate alternative, and trimming and continued maintenance of front yard shrubs and other landscaping to ensure a clear view of the residence’s primary (west) façade from the public right-of-way.
Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.
Categorical Exemption No. ER-2024-67 will be filed for this project.
Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:
A. Historic Resources Commission Application No. 2024-06 to place the Smith House located at 2539 French Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2024-04 placing the Smith House located at 2539 French Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.
Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.
City Council 23 – 74 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 5
th day of September, 2024.
__________________________
Tim Rush
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ City Council 23 – 75 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 5, 2024.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
City Council 23 – 76 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
396-431-04 2539 French Street REAL PROPERTY IN THE
CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
LOT 24 OF TRACT 1473 IN
THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 45,
PAGE 8 OF ISCELLANEOUS
MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF
SAID ORANGE COUNTY.
François-Xavier
Fyad and
Roxana Fyad
City Council 23 – 77 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2024-06 and Historic Resources Commission Categorization No. 2024-04 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2539 French Street, historically known as the Smith House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.
City Council 23 – 78 10/15/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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 François-Xavier Fyad and Roxana Fyad, husband and wife as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 2539 French 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 2539 French Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 – 79 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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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 November 20, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 80 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms 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. 2024-09) staff report dated September 5, 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.
City Council 23 – 81 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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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 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 City Council 23 – 82 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2539 French Street, Assessor Parcel Number, 396-431-04, 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
Owners: François-Xavier Fyad and Roxana Fyad
2539 French Street
City Council 23 – 83 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 84 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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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 – 85 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
FRANÇOIS-XAVIER FYAD
Date: ___________________ By:__________________
ROXANA FYAD
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 – 86 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 24 OF TRACT 1473 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 8 OF ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
Assessor’s Parcel Number: 396-431-04
City Council 23 – 87 10/15/2024
EXECUTIVE SUMMARY
Smith House
2539 French Street
Santa Ana, CA 92706
NAME Smith House REF. NO.
ADDRESS 2539 French Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1952 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Minimal Traditional
During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture “a standard, low-cost, minimum house that the majority of American wage earners could afford” (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and onestory in height, often with a front-gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version sometimes mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double-hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch-roof supports.
SUMMARY/CONCLUSION:
The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Tradtional-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the Minimal Traditional style and history and character of the neighborhood. (Santa Ana Municipal Code, Section 30-2.3).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 88 10/15/2024
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 _4_ Resource name(s) or number (assigned by recorder) Smith House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2539 North French Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 396-431-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Smith House is a modest, intact example of a one-story, Minimal Traditional-style single-family residence and detached garage (Figures 1 and 2). It is characterized by a compact and irregular plan, cross-hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front-facing west façade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a single wood post and wood railing system with an offset grid design (Figures 3 and 4). To the left of the porch, a tripartite focal window consists of a multi-pane fixed wood-sash window, flanked by a pair of double-hung wood-sash windows of similar style (Figure 5). Overall, the series of broad rectangular panes provides a horizontal emphasis to the façade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature doublehung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design (Figure 6). The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction. (See Continuation Sheet 3 of 4.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade,
view southeast, July 2024
*P6. Date Constructed/Age and
Sources: historic
1952/Original Building Permit
*P7. Owner and Address:
François-Xavier and Roxana Fyad
2539 North French Street
Santa Ana, CA 92706
*P8. Recorded by:
James Williams
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 3, 2024
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 89 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Smith House
B1. Historic Name: Smith House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Minimal Traditional
*B6. Construction History: (Construction date, alterations, and date of alterations):
February 14, 1952. Permit to construct a 6-room stucco residence and garage. Vallue not indicated.
April 16, 1952. Permit for plastering by Morrison. No value indicated.
May 19, 1952. Permit for one fixture for H. Mumper. $95.
January 31, 2023. Permit to install rooftop solar panels. 1$14,000.
May 6, 2024. Permit to demolishpatio cover. $1,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:______________ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Charles Lawrence (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1952 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Smith House is architecturally significant as an intact example of Minimal Traditional-style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six-room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000. The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumfer"). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least as recently as 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents François-Xavier and Roxana Fyad took ownership of the property. (Continued on page 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheets 3 and 4)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Smith House
2539 French Street
N
City Council 23 – 90 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage, located southeast of the residence, was constructed in a style similar to the residence (Figure 7). It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non-original metal roll-up garage door is located on the main (west) façade, opening toward a concrete-paved driveway leading to French Street. A wood-panel door and double-hung wood-sash window are located on the secondary west façade. *B10. Significance (continued):
The Smith House is located in the Park Santiago neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and ca rpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.
The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional-style house in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is “contributive” because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood (Santa Ana Municipal Code, Section 30-2.2.3). Character-defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) façade; moderatelypitched cross-hipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood-frame multi-pane double-hung wood-sash windows; tripartite wood-sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. *B12. References (continued):
Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011.
City of Santa Ana Building Permits
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Anaheim Bulletin, The Register)
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
City Council 23 – 91 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the rear (east) elevation, the patio is located near the rear wind, partially sheltered by a broadly
overhanging eave, facing west.
Figure 3. The primary (west) façade showing the front
door and sidelight assembly, including the ribbed-class sidelight pane, facing east.
Figure 4. The front porch, located on the primary (west) façade, is partially enclosed on the north by a low, wood railing featuring an offset grid pattern, facing southeast.
Figure 5. Tripartite focal window on the front (west) façade consists of a fixed central sash two flanking double-hung sashes, facing north.
Figure 6. The patio, at a juncture of the south and east elevations, is the location of the rear patio and two
secondary entrances, facing north.
Figure 7. The detached garage, located southeast of the primary residence, has a pyramidal roof moderate
overhangs and asphalt shingle cladding to match the
residence, facing southeast.
City Council 23 – 92 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
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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, and such design is compatible with City Council 23 – 93 10/15/2024
MILLS ACT AGREEMENT
2539 French Street
Santa Ana, CA 92706
- 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 – 94 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2539 French Street
Item Year Improvement
1 2025 Repair and replace roof overhang features as needed. 2 2026 Replace non-compatible south-facing rear door with a more appropriate alternative.
3 2027 Trim and maintenance front yard shrubs and other landscaping to ensure ongoing clear view of the residence’s primary (west) façade from the public right-of-way. 4 2028 Repaint residence and garage.
City Council 23 – 95 10/15/2024
HRCA NO. 2024-06, HRC NO. 2024-04, HPPA NO. 2024-09
2539 N. FRENCH STREET
SMITH 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
SITE
City Council 23 – 96 10/15/2024
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Daily Journal Corporation
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Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
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NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
2539 French St
08/26/2024
Publication
Total
$127.05
$127.05
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:
Ad Description
COPY OF NOTICE
3844812
!A000006846053!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC
RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.
Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.
Project Location: 2539 North French
Street located within Single Family
Residence (R1) zoning district.
Project Applicant: Francois-Xavier and
Raxana Fyad (Applicants & Property
Owners)
Project Description: Applicants are
requesting approval of Historic Resources
Commission Application (HRCA) No.
2024-06, Historic Register Categorization
(HRC) No. 2024-04, and Historic Property
Preservation Agreement (HPPA) No.
2024-09 to allow the placement and
categorization in the Santa Ana Register
of Historical Properties as “Contributive”
for the above mentioned property and to
execute a Historic Property Preservation
Agreements with the City of Santa Ana.
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Notice of Exemption, Environmental Review No. 2024-67 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo al (714) 667-
2732.
Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627 .
8/26/24
OR-3844812#
City Council 23 – 97 10/15/2024
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.
Project Location: 2539 North French Street located within Single Family Residence (R1) zoning district.
Project Applicant: Francois-Xavier and Raxana Fyad (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-06, Historic Register Categorization (HRC) No. 2024-04, and Historic Property Preservation Agreement (HPPA) No. 2024-09 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” for the above mentioned property and to execute a Historic Property Preservation Agreements with the City of Santa Ana.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-67 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. City Council 23 – 98 10/15/2024
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 500’ RADIUS NOTIFICATION MAP
City Council 23 – 99 10/15/2024
City Council 23 – 100 10/15/2024
City Council 23 – 101 10/15/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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 Charles A. Martin and Molly H. Martin, as Co-trustees of the Martin Family Trust, Dated 10/17/2008 (hereinafter collectively referred to as “Owner”), owner of real property located at 1113 W Riviera Drive, 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 1113 W Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 – 102 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 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 16, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 103 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 3 -
textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms 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. 2024-10) staff report dated September 5, 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.
City Council 23 – 104 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 4 -
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 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 City Council 23 – 105 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 5 -
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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1113 W. Riviera Drive, Assessor Parcel Number, 001-171-08, 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
Owners: Charles A. Martin and Molly H. Martin,
Co-Trustees of the Martin Family Trust
City Council 23 – 106 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 6 -
1113 W Riviera Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 107 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 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 – 108 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
CHARLES MARTIN
TRUSTEE OF THE MARTIN FAMILY
TRUST
Date: ___________________ By:__________________
MOLLY MARTIN
TRUSTEE OF THE MARTIN FAMILY
TRUST
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 – 109 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 96, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22, MISCELLANEOUS
MAPS, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1030.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 15° 01' 48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 23' 01", AN ARC DISTANCE OF 96.78 FEET TO
THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 50' 28", AN ARC DISTANCE OF 105.00 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 0° 43' 50": EAST ALONG SAID EAST LINE, 153.37 FEET TO
THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED MAY 7, 1953 IN BOOK 2499, PAGE 412, OFFICIAL RECORDS, SAID
SOUTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 560.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 3° 44' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11° 30' 50" AN ARC DISTANCE OF 112.53 FEET TO A POINT THAT BEARS NORTH 1° 47' 50" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1° 47' 50" EAST 147.19 FEET TO SAID TRUE POINT OF BEGINNING.
Assessor’s Parcel Number: 001-171-08
City Council 23 – 110 10/15/2024
Exhibit B
EXECUTIVE SUMMARY
Buckheim House
1113 West Riviera Drive
Santa Ana, CA 92706
NAME Buckheim House REF. NO.
ADDRESS 1113 West Riviera Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Ranch
Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930s designs of Southern California architect Cliff May, who sought to reinvent the West’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally Lshaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses.
SUMMARY/CONCLUSION:
The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 111 10/15/2024
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 _4_ Resource name(s) or number (assigned by recorder) Buckheim House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1113 West Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-171-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Buckheim House is a highly intact example of a one-story, Ranch-style, single-family residence with a detached garage (Figure 1). Constructed on a generally rectangular plan, the residence is capped with a cross-hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front-facing south façade is principally board-and-batten but also includes fieldstone-veneer wainscoting and within the full height of the recessed porch (Figure 2). Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south façade, and a short blade wall extending toward the driveway (Figure 3). Secondary-façade cladding alternates between stucco and board-and-batten. The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non-original per visual observation (Figure 4). Windows are wood casements throughout, and have been replaced in-kind at the rear of the house (Figure 5). Also at the rear of the residence, a wood-framed sliding glass door opens north toward a landscaped backyard featuring a below-ground swimming pool (Figure 6). The residence is adjoined to the detached garage by a covered walkway with a gable-roof structure. The walkway is separated from the adjacent backyard by a breeze-block partition.
(See Continuation Sheet 3 of 4.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (south) facade,
view northeast, July 2024
*P6. Date Constructed/Age and
Sources: historic
1956/ Original Building Permit
*P7. Owner and Address:
Charles and Molly Martin
1113 West Riveria Drive
Santa Ana, CA 92706
*P8. Recorded by:
James Williams
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 3, 2024
*P10. Survey Type:
Intensive Survey
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 112 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Buckheim House
B1. Historic Name: Buckheim House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch
*B6. Construction History: (Construction date, alterations, and date of alterations):
May 28, 1956. Permit to construct a seven room residence and garage. $25,000.
July 26, 1956. Permit for plastering. No valuation provided.
June 24, 1960. Permit to construct pool by Tahitian Pools. $2,500.
June 28, 1999. Permit to remove and replace in kind wood shake roof shingles. $9,800.
January 13, 2011. Permit to remodel interior and extend exterior wall of master bedroom within existing roof overhang; remove chimney; replace windows. $54,400.
June 5, 2012. Permit to remove and replace in kind wood shake roof shingles on residence and garage. $17,584.
Jauary 2, 2014. Permit to replace in-kind four windows at the rear of the residence. $5,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Hugh Neighbor, Jr. (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Buckheim House is architecturally significant as an intact example of a Ranch-style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F.
Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners.
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 3 of 4.)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
N
Buckheim House
1113 West Riviera Drive
City Council 23 – 113 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 18, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangular-plan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco (Figure 7). The glazed, paneled garage door at its primary (south) façade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard-size wood doors, two on the east façade, and one on the north. A single steel casement window is present on the east façade. *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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
Since the second half of the twentieth century, the neighborhood in which the Buckheim House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style.
The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch-style home in Santa Ana. Located in West Floral Park, the house cost $35,000 to build in 1956. The recommended categorization is “Contributive” because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character-defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary façade at the south; moderate-pitch hipped roof with wood shake shingles; broad roof overhang; board-and-batten, stucco, and fieldstone veneer exterior cladding; fieldstone-veneer-clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board-and-batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze-block partition, and swimming pool. *B12. References (continued):
McAlester, Virginia savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Register,The Register)
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
City Council 23 – 114 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 18, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the primary (south) façade, cladding at the front porch is represenative of the exterior surfaces
throughout the front of the residence, facing northeast.
Figure 3. Detail of primary (south) façade, featuring the fieldstone-veneer-clad chimney.
Figure 4. Detail of the primary (south) façade, showing likely non-original front door assembly, facing north.
Figure 5. This tripartite wood casement window located
on the main (south) is representative of nearly all
windows throughout the residence, facing north.
Figure 6. This overview of the backyard depicts the
swimming pool, landscaping, breeze block partition, and east elevations of the detached garage and walkway
shelter, facing west.
Figure 7. The detached garage, located southeast of the primary residence, contains a pyramidal roof clad in
wood shake shingles to match the residence; a portion of the walkway cover is visible to the right, facing north.
City Council 23 – 115 10/15/2024
MILLS ACT AGREEMENT
1113 West Riviera Drive
Santa Ana, CA 92706
- 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, and such design is compatible with City Council 23 – 116 10/15/2024
MILLS ACT AGREEMENT
1113 West Riviera Drive
Santa Ana, CA 92706
- 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 – 117 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1113 West Riviera Drive
Item Year Improvement
1 2024 Trim and maintain landscaping as necessary to maintain a view of the primary (south) façade from the public right-of-way.
2 2025 Repaint residence and detached garage as part of regular maintenance. 3 2029 Replace in-kind wood shake shingles on the roofs of the residence, garage, and walkway cover.
City Council 23 – 118 10/15/2024
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 5, 2024
Topic: HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 – Buckheim House (1113 W. Riviera Drive)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2024-07 and Historic Register Categorization No. 2024-05 (Exhibit 1).
2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Charles A. and Molly H. Martin, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Charles and Molly Martin are requesting approval to designate an existing Ranch-style residence located at 1113 W. Riviera Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch-style house. It is worthy of “Contributive” categorization because a good example of the Ranch style, including its wood shake shingle roofing; exterior cladding consisting of board-and-batten, stucco, and fieldstone veneer, recessed porch, and wood casement windows, among other features.
DISCUSSION
Project Location and Site Description
The subject property is located on the north side of West Rivera Drive in the West Floral Park neighborhood in Santa Ana. The site contains a 2,560-square-foot, Ranch-style residence and detached garage, on a 16,100-square-foot residential lot (Exhibit 3).
City Council 23 – 119 10/15/2024
HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 – Buckheim House (1113 W.
Riviera Drive)
September 5, 2024
Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.
The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 68 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The Buckheim House is architecturally significant as an intact example of a Ranch-style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F. Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners.
The Buckheim House is a highly intact example of a one-story, Ranch-style, single-family residence with a detached garage. Constructed on a generally rectangular plan, the residence is capped with a cross-hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front-facing south façade is principally board-and-batten but also includes fieldstone-veneer wainscoting and within the full height of the recessed porch. Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south façade, and a short blade wall extending toward the driveway. Secondary-façade cladding alternates between stucco and board-and-batten.
The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non-original per visual observation. Windows are wood casements throughout, and have been replaced in-kind at the rear of the house. Also at the rear of the residence, a wood-framed sliding glass City Council 23 – 120 10/15/2024
HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 – Buckheim House (1113 W.
Riviera Drive)
September 5, 2024
door opens north toward a landscaped backyard featuring a below-ground swimming pool. The residence is adjoined to the detached garage by a covered walkway with a gable-roof structure. The walkway is separated from the adjacent backyard by a breezeblock partition.
The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangularplan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco. The glazed, paneled garage door at its primary (south) façade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard-size wood doors, two on the east façade, and one on the north. A single steel casement window is present on the east façade.
Character-defining features of the Buckheim House include, but may not be limited to:
generally rectangular plan; asymmetrical primary façade at the south; moderate-pitch hipped roof with wood shake shingles; broad roof overhang; board-and-batten, stucco, and fieldstone veneer exterior cladding; fieldstone-veneer-clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board-and-batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze-block partition, and swimming pool. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch-style home in Santa Ana. Located in West Floral Park, the house cost $25,000 to build in 1956. The recommended categorization is “Contributive” because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary 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 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:
City Council 23 – 121 10/15/2024
HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 – Buckheim House (1113 W.
Riviera Drive)
September 5, 2024
• Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.
Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: trim and maintain landscaping to preserve the view of the primary (south) façade from the public right-of-way, repaint as part of regular maintenance, and replace the wood shake shingles on the roofs of the residence, detached garage, and walkway shelter. 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. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
Public Notification
The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.
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 City Council 23 – 122 10/15/2024
HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 – Buckheim House (1113 W.
Riviera Drive)
September 5, 2024
are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-69 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 $ $1,103.98 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
4. Copy of Public Notice
Submitted By: James Williams, Contract Planner
Approved By: Minh Thai, Executive Director of Planning and Building Agency City Council 23 – 123 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2024-07 TO PLACE THE PROPERTY LOCATED AT 1113
WEST RIVIERA DRIVE, SANTA ANA, ON THE HISTORICAL
REGISTER AND APPROVING HISTORIC REGISTER
CATEGORIZATION NO. 2024-05 PLACING SAID
PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On September 5, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2024-07) and categorization (Historic Resources Commission Categorization No. 2024-05) of the Buckheim House located at 1113 West Riviera Drive, Santa Ana.
B. The Buckheim House is a good example of the Ranch style and was built in 1956.
C. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch-style home in Santa Ana. The house displays characteristics of the Ranch style through its use of smooth varied exterior wall surfaces, including board-andbatten, fieldstone veneer, and stucco; asymmetrical façade with recessed porch, and wood-casement windows; among other original features. The recommended categorization is “Contributive” because it is a good example of the Ranch style and contributes to the historic and architectural character of its neighborhood (Santa Ana Municipal Code, Section 30-2.2). Characterdefining features of the Buckheim House include, but may not be limited to:
generally rectangular plan; asymmetrical primary façade at the south; moderate-pitch hipped roof with wood shake shingles; broad roof overhang; board-and-batten, stucco, and fieldstone veneer exterior cladding; fieldstone-veneer-clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board-and-batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and City Council 23 – 124 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
shrubs, and backyard with landscaping, breeze-block partition, and swimming pool.
D. The legal owners of the property are Charles A. and Molly H. Martin, as Cotrustees of the Martin Family Trust, Dated 10/17/2008.
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.
H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, trimming landscaping at the front of the property to improve visibility of the primary (south) façade and repainting as a matter of general maintenance.
Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.
Categorical Exemption No. ER-2024-69 will be filed for this project.
Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:
A. Historic Resources Commission Application No. 2024-07 to place the Buckheim House located at 1113 West Riviera Drive, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2024-05 placing the Buckheim House located at 1113 West Riviera Drive, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.
Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.
City Council 23 – 125 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 5
th day of September, 2024.
__________________________
Tim Rush
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ City Council 23 – 126 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 5, 2024.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
City Council 23 – 127 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
001-171-08 1113 West Riviera Drive THE LAND REFERRED TO
HEREIN BELOW IS SITUATED
IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF
THE BATES TRACT, IN THE
CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN
ON A MAP THEREOF
RECORDED IN BOOK 1, PAGE
96, OF MISCELLANEOUS
MAPS, RECORDS OF SAID
ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE
SOUTHEAST CORNER OF
LOT 4 OF TRACT NO. 1740, AS
SHOWN ON A MAP THEREOF
RECORDED IN BOOK 52,
PAGE 22, MISCELLANEOUS
MAPS, SAID POINT BEING ON
A CURVE, CONCAVE
SOUTHEASTERLY, HAVING
A RADIUS OF 1030.00 FEET,
THE INITIAL RADIAL LINE AT
SAID POINT BEARS SOUTH
15° 01' 48" EAST; THENCE
NORTHEASTERLY ALONG
SAID CURVE, THROUGH A
CENTRAL ANGLE OF 5° 23'
01", AN ARC DISTANCE OF
96.78 FEET TO THE TRUE
POINT OF BEGINNING OF
THE BOUNDARY OF THE
LAND HEREIN DESCRIBED;
THENCE CONTINUING
Charles A. Martin
and Molly H.
Martin
City Council 23 – 128 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
ALONG SAID CURVE
THROUGH A CENTRAL
ANGLE OF 5° 50' 28", AN ARC
DISTANCE OF 105.00 FEET
TO THE EAST LINE OF SAID
LOT 9; THENCE NORTH 0° 43'
50": EAST ALONG SAID EAST
LINE, 153.37 FEET TO THE
SOUTHERLY LINE OF THE
LAND CONVEYED TO THE
CITY OF SANTA ANA BY
DEED RECORDED MAY 7,
1953 IN BOOK 2499, PAGE
412, OFFICIAL RECORDS,
SAID SOUTHWESTERLY LINE
BEING A CURVE CONCAVE
SOUTHEASTERLY HAVING A
RADIUS OF 560.00 FEET, THE
INITIAL RADIAL LINE AT SAID
POINT BEARS SOUTH 3° 44'
10" EAST; THENCE
SOUTHWESTERLY ALONG
SAID CURVE, THROUGH A
CENTRAL ANGLE OF 11° 30'
50" AN ARC DISTANCE OF
112.53 FEET TO A POINT
THAT BEARS NORTH 1° 47'
50" WEST FROM THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 1° 47' 50"
EAST 147.19 FEET TO SAID
TRUE POINT OF BEGINNING.
City Council 23 – 129 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2024-07 and Historic Resources Commission Categorization No. 2024-05 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1113 West Riviera Drive, historically known as the Buckheim House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.
City Council 23 – 130 10/15/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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 Charles A. Martin and Molly H. Martin, as Co-trustees of the Martin Family Trust, Dated 10/17/2008 (hereinafter collectively referred to as “Owner”), owner of real property located at 1113 W Riviera Drive, 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 1113 W Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 – 131 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 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 November 20, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 132 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 3 -
textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms 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. 2024-10) staff report dated September 5, 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.
City Council 23 – 133 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 4 -
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 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 City Council 23 – 134 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 5 -
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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1113 W. Riviera Drive, Assessor Parcel Number, 001-171-08, 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
Owners: Charles A. Martin and Molly H. Martin,
Co-Trustees of the Martin Family Trust
City Council 23 – 135 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 6 -
1113 W Riviera Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 136 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 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 – 137 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
CHARLES MARTIN
TRUSTEE OF THE MARTIN FAMILY
TRUST
Date: ___________________ By:__________________
MOLLY MARTIN
TRUSTEE OF THE MARTIN FAMILY
TRUST
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 – 138 10/15/2024
MILLS ACT AGREEMENT
1113 W Riviera Drive
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 96, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22, MISCELLANEOUS
MAPS, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1030.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 15° 01' 48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 23' 01", AN ARC DISTANCE OF 96.78 FEET TO
THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 50' 28", AN ARC DISTANCE OF 105.00 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 0° 43' 50": EAST ALONG SAID EAST LINE, 153.37 FEET TO
THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED MAY 7, 1953 IN BOOK 2499, PAGE 412, OFFICIAL RECORDS, SAID
SOUTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 560.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 3° 44' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11° 30' 50" AN ARC DISTANCE OF 112.53 FEET TO A POINT THAT BEARS NORTH 1° 47' 50" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1° 47' 50" EAST 147.19 FEET TO SAID TRUE POINT OF BEGINNING.
Assessor’s Parcel Number: 001-171-08
City Council 23 – 139 10/15/2024
EXECUTIVE SUMMARY
Buckheim House
1113 West Riviera Drive
Santa Ana, CA 92706
NAME Buckheim House REF. NO.
ADDRESS 1113 West Riviera Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Ranch
Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930s designs of Southern California architect Cliff May, who sought to reinvent the West’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally Lshaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses.
SUMMARY/CONCLUSION:
The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 140 10/15/2024
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 _4_ Resource name(s) or number (assigned by recorder) Buckheim House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1113 West Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-171-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Buckheim House is a highly intact example of a one-story, Ranch-style, single-family residence with a detached garage (Figure 1). Constructed on a generally rectangular plan, the residence is capped with a cross-hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front-facing south façade is principally board-and-batten but also includes fieldstone-veneer wainscoting and within the full height of the recessed porch (Figure 2). Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south façade, and a short blade wall extending toward the driveway (Figure 3). Secondary-façade cladding alternates between stucco and board-and-batten. The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non-original per visual observation (Figure 4). Windows are wood casements throughout, and have been replaced in-kind at the rear of the house (Figure 5). Also at the rear of the residence, a wood-framed sliding glass door opens north toward a landscaped backyard featuring a below-ground swimming pool (Figure 6). The residence is adjoined to the detached garage by a covered walkway with a gable-roof structure. The walkway is separated from the adjacent backyard by a breeze-block partition.
(See Continuation Sheet 3 of 4.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (south) facade,
view northeast, July 2024
*P6. Date Constructed/Age and
Sources: historic
1956/ Original Building Permit
*P7. Owner and Address:
Charles and Molly Martin
1113 West Riveria Drive
Santa Ana, CA 92706
*P8. Recorded by:
James Williams
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 3, 2024
*P10. Survey Type:
Intensive Survey
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 141 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Buckheim House
B1. Historic Name: Buckheim House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch
*B6. Construction History: (Construction date, alterations, and date of alterations):
May 28, 1956. Permit to construct a seven room residence and garage. $25,000.
July 26, 1956. Permit for plastering. No valuation provided.
June 24, 1960. Permit to construct pool by Tahitian Pools. $2,500.
June 28, 1999. Permit to remove and replace in kind wood shake roof shingles. $9,800.
January 13, 2011. Permit to remodel interior and extend exterior wall of master bedroom within existing roof overhang; remove chimney; replace windows. $54,400.
June 5, 2012. Permit to remove and replace in kind wood shake roof shingles on residence and garage. $17,584.
Jauary 2, 2014. Permit to replace in-kind four windows at the rear of the residence. $5,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Hugh Neighbor, Jr. (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Buckheim House is architecturally significant as an intact example of a Ranch-style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F.
Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners.
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 3 of 4.)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
N
Buckheim House
1113 West Riviera Drive
City Council 23 – 142 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 18, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangular-plan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco (Figure 7). The glazed, paneled garage door at its primary (south) façade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard-size wood doors, two on the east façade, and one on the north. A single steel casement window is present on the east façade. *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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
Since the second half of the twentieth century, the neighborhood in which the Buckheim House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style.
The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch-style home in Santa Ana. Located in West Floral Park, the house cost $35,000 to build in 1956. The recommended categorization is “Contributive” because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character-defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary façade at the south; moderate-pitch hipped roof with wood shake shingles; broad roof overhang; board-and-batten, stucco, and fieldstone veneer exterior cladding; fieldstone-veneer-clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board-and-batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze-block partition, and swimming pool. *B12. References (continued):
McAlester, Virginia savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Register,The Register)
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
City Council 23 – 143 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 18, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the primary (south) façade, cladding at the front porch is represenative of the exterior surfaces
throughout the front of the residence, facing northeast.
Figure 3. Detail of primary (south) façade, featuring the fieldstone-veneer-clad chimney.
Figure 4. Detail of the primary (south) façade, showing likely non-original front door assembly, facing north.
Figure 5. This tripartite wood casement window located
on the main (south) is representative of nearly all
windows throughout the residence, facing north.
Figure 6. This overview of the backyard depicts the
swimming pool, landscaping, breeze block partition, and east elevations of the detached garage and walkway
shelter, facing west.
Figure 7. The detached garage, located southeast of the primary residence, contains a pyramidal roof clad in
wood shake shingles to match the residence; a portion of the walkway cover is visible to the right, facing north.
City Council 23 – 144 10/15/2024
MILLS ACT AGREEMENT
1113 West Riviera Drive
Santa Ana, CA 92706
- 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, and such design is compatible with City Council 23 – 145 10/15/2024
MILLS ACT AGREEMENT
1113 West Riviera Drive
Santa Ana, CA 92706
- 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 – 146 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1113 West Riviera Drive
Item Year Improvement
1 2024 Trim and maintain landscaping as necessary to maintain a view of the primary (south) façade from the public right-of-way.
2 2025 Repaint residence and detached garage as part of regular maintenance. 3 2029 Replace in-kind wood shake shingles on the roofs of the residence, garage, and walkway cover.
City Council 23 – 147 10/15/2024
HRCA NO. 2024-07, HRC NO. 2024-05, HPPA NO. 2024-10
1113 W. RIVIERA DRIVE
BUCKHEIM 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
SITE
City Council 23 – 148 10/15/2024
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Daily Journal Corporation
Serving your legal advertising needs throughout California.
Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
1113 W Riviera Dr
08/26/2024
Publication
Total
$125.40
$125.40
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:
Ad Description
COPY OF NOTICE
3844808
!A000006846044!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC
RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.
Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.
Project Location: 1113 West Riviera
Drive located within the Single Family
Residence (R1) zoning district.
Project Applicant: Charles & Molly
Martin (Property Owners)
Project Description: Applicants are
requesting approval of Historic Resources
Commission Application No. 2024-07,
Historic Register Categorization No. 2024-
05, and Historic Property Preservation
Agreement No. 2024-10 to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
“Contributive” for the above mentioned
property and to execute a Historic
Property Preservation Agreement with the
City of Santa Ana.
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Notice of Exemption,
Environmental Review No. 2024-69 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo al (714) 667-
2732.
Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627 .
8/26/24
OR-3844808#
City Council 23 – 149 10/15/2024
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.
Project Location: 1113 West Riviera Drive located within the Single Family Residence (R1) zoning district.
Project Applicant: Charles & Molly Martin (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-07, Historic Register Categorization No. 2024-05, and Historic Property Preservation Agreement No. 2024-10 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-69 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. City Council 23 – 150 10/15/2024
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 500’ RADIUS NOTIFICATION MAP
City Council 23 – 151 10/15/2024
City Council 23 – 152 10/15/2024
City Council 23 – 153 10/15/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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 Carter L. Sapp and Chelsea N. Sapp, husband and wife as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 2312 North Spurgeon 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 2312 North Spurgeon Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 – 154 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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 16, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 155 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 3 -
textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms 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. 2024-11) staff report dated September 5, 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.
City Council 23 – 156 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 4 -
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 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 City Council 23 – 157 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 5 -
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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2312 North Spurgeon Street, Assessor Parcel Number, 003-061-11, 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
City Council 23 – 158 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 6 -
Owners: Carter Sapp and Chelsea Sapp
2312 North Spurgeon Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 159 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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 – 160 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
CARTER SAPP
Date: ___________________ By:__________________
CHELSEA SAPP
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 – 161 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 16 OF TRACT NO. 139, IN BLOCK “E”, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 36
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor’s Parcel Number: 003-061-11
City Council 23 – 162 10/15/2024
Exhibit B
EXECUTIVE SUMMARY
M. Jackson House
2312 North Spurgeon Street
Santa Ana, CA 92706
NAME M. Jackson House REF. NO.
ADDRESS 2312 North Spurgeon Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.
SUMMARY/CONCLUSION:
The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 163 10/15/2024
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 _5_ Resource name(s) or number (assigned by recorder) M. Jackson House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2312 North Spurgeon Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 003-061-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a MidCentury Modern-style rear addition (Figures 1 and 2). The residence is characterized by an L plan and a complex hip-andgable roof with a moderate-to-high pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) façade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set in a gable end and sheltered by a pan-type metal awning (Figure 3). Windows to the left of the entrance serve as a focal point and feature a tripartite wood-sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows (Figures 4 and 5). Elsewhere, windows vary in size and operability, but generally include wood, multi-pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south façades are full-height (Figure 6). The rear addition contrasts with the historic front end of the house, exhibiting Mid-Century Modern-style elements, such as a canted exterior corner and exposed heavy rafter beams (Figure 7). Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property’s historical Tudor Revival-style elements. (See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (east) facade, view
east, July 2024
*P6. Date Constructed/Age and
Sources: historic
1928/ Original Building Permit
*P7. Owner and Address:
Carter L. and Chelsea N. Sapp
2312 North Spurgeon Street
Santa Ana, CA 92706
*P8. Recorded by:
James Williams
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 3, 2024
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 164 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: M. Jackson House
B1. Historic Name: M. Jackson House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations):
September 11, 1928. Permit to construct residence and garage. $3,000.
December 29, 1936. Reroofing. Valuation unknown.
March 1, 1948, Addition of new room (8’ x 10’). $1,000.
July 6, 1953. Workshop and “rumpus room” addition to the garage. $1,000.
March 10, 1955. Plastering. Valuation unknown.
April 18, 1960. Addition to rear of residence, including a bedroom and a covered deck. $3,000.
April, 1960. Plastering. Valuation unknown.
April 22, 1994. Reroof residence with. $5,570.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M. Jackson House is architecturally significant as an intact example of a Tudor Revival-style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3,000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, city directories show, Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, city directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show, in 1980, Vitula married Ernest D. Schellenberg, whose last name appears in a city building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. (See Continuation Sheet 3)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
M. Jackson House
2312 N. Spurgeon Street
N
City Council 23 – 165 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout. On the east façade, the board-and-batten swing-up garage door faces a concrete driveway, which leads to north Spurgeon Street (Figure 8). While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid-Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south façade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism (Figure 9). Additional features of the garage include a glazed French and glazed standard-size door, both on the south façade.
The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post-and-rail fence, which visual observation suggests is not original to the property. *B10. Significance (continued):
City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp.
The M. Jackson House is located in the Park Santiago neighborhood, an area bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with singlefamily homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.
The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Tudor Revival-style residence in Santa Ana. Located in Park Santaiago, the house cost $3,000 to build in 1928. The recommended categorization is “Contributive” because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3).
Character-defining features of the M. Jackson House include, but may not be limited to: L-shaped plan; asymmetrical primary façade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full-height, multi-pane, wood-sash windows; tripartite focal window with central fixed pane and flanking multi-pane wood sashes; recessed, diamond-glazed located adjacent to the front entrance and to the focal window; gables with wood-plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued):
_____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002.
City Council 23 – 166 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
_____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
_____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Sanborn maps.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Additional Figures:
Figure 2. Overview of front (east) and secondary (north) façades, showing complex hip-and-gable roof form and
full-height window, facing southwest.
Figure 3. At the front (east) façade, the solid wood front door is set into a small gabled projection and accessed via round podium steps; a full-height, multi-pane window faces the porch from the south façade, facing northwest.
Figure 4. At the front (east) façade, the tripartite focal window consists of a central fixed wood sash flanked by operable multi-pane, wood-sash windows, facing west.
Figure 5. At the front (east) façade, immediately left of the focal window, two diamond-glazed leaded windows
are recessed into a front-gabled projection, facing
northwest.
City Council 23 – 167 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
Figure 6. On the south façade, representative full-height, multi-pane, wood-sash windows face the front yard,
facing northeast.
Figure 7. Overview of rear (west) façade, featuring MidCentury Modern-style addition, facing east.
Figure 8. The detached garage is located southwest of
the residence. At the front (east) façade, a board-andbatten swing-up garage door opens toward the driveway, facing west.
Figure 9. The north façade of the grage features a grid of fixed-pane windows and steel casement windows, in
addition to French and standard entry doors, facing
southeast.
City Council 23 – 168 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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, and such design is compatible with City Council 23 – 169 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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 – 170 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2312 North Spurgeon Street
Item Year Improvement
1 2024 Trim trees and landscaping and maintain their condition as necessary to ensure a clear view of the primary (east) façade from the public right-of-way. 3 2025 Landscaping back yard, including the replacement of the damaged rear walkway, removal of plants, and planting limited new lawn
4 2026 Replace non-compatible back door and any non-compatible windows at the rear addition of the residence.
City Council 23 – 171 10/15/2024
Planning and Building Agency
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 5, 2024
Topic: HRCA No. 2024-09 HRC No. 2024-06, HPPA No. 2024-11 – M. Jackson House (2312 North Spurgeon Street)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2024-09 and Historic Register Categorization No. 2024-06 (Exhibit 1).
2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Carter and Chelsea Sapp, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Carter and Chelsea Sapp are requesting approval to designate an existing Tudor Revivalstyle residence located at 2312 North Spurgeon Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival-style house. It is worthy of “Contributive” categorization because it is a good example of the Tudor Revival style, including its smooth asymmetrical façade, complex hip-and-gable roof, and diagonal glazed windows, among other features.
DISCUSSION
Project Location and Site Description
The subject property is located on the west side of North Spurgeon Street in the Park Santiago neighborhood in Santa Ana. The site contains a 1,575-square-foot, Tudor Revival-style residence and detached garage on an 8,250-square-foot residential lot (Exhibit 3).
City Council 23 – 172 10/15/2024
HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 – M. Jackson House (2312 North Spurgeon Street)
September 5, 2024
Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.
The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 96 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The M. Jackson House is architecturally significant as an intact example of a Tudor Revival-style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3,000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, directories show Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, City directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show that in 1980, Vitula married Ernest D. Schellenberg, whose last name appears on a building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owner, Chelsea Sapp.
The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a Mid-Century Modern-style rear addition. The residence is characterized by an L plan and a complex hip-and-gable roof with a moderate-to-high City Council 23 – 173 10/15/2024
HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 – M. Jackson House (2312 North Spurgeon Street)
September 5, 2024
pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) façade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set into a gable end and sheltered by a pan-type metal awning. Windows to the left of the entrance serve as a focal point and feature a tripartite wood-sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows. Elsewhere, windows vary in size and operability, but generally include wood, multi-pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south façades are full-height. The rear 1960 addition contrasts with the historic front end of the house, exhibiting Mid-Century Modern-style elements, such as a canted exterior corner and exposed heavy rafter beams. Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property’s historical Tudor Revival-style elements.
The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout.
On the east façade, the board-and-batten swing-up garage door faces a concrete driveway, which leads to north Spurgeon Street. While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid-Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south façade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism. Additional features of the garage include a glazed French and glazed standard-size door, both on the south façade.
The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post-and-rail fence, which visual observation suggests is not original to the property.
Character-defining features of the M. Jackson House include, but may not be limited to:
L-shaped plan; asymmetrical primary (east) façade; complex roof with hipped and highpitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full-height, multi-pane, wood-sash windows; tripartite focal window with central fixed pane and flanking multi-pane wood sashes; recessed, diamond-glazed located adjacent to the front entrance and to the focal window; gables with wood-plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival-style house in Santa Ana. The recommended categorization is “Contributive” City Council 23 – 174 10/15/2024
HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 – M. Jackson House (2312 North Spurgeon Street)
September 5, 2024
because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary 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 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 • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.
Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: including removing the non-compatible rear door and rear window, trimming and maintaining trimmed condition of landscaping and trees at the front of the property, landscaping the back yard, and updating the garage.
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. Upon consideration of the application, it is City Council 23 – 175 10/15/2024
HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 – M. Jackson House (2312 North Spurgeon Street)
September 5, 2024
recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
Public Notification
The subject site is located within the Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.
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. 2024-68 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 $1,474.94 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
4. Copy of Public Notice
Submitted By: James Williams, Contract Planner
Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 176 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2024-09 TO PLACE THE PROPERTY LOCATED AT 2312
NORTH SPURGEON STREET, SANTA ANA, ON THE
HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2024-06 PLACING
SAID PROPERTY WITHIN THE CONTRIBUTIVE
CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On September 5, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2024-09) and categorization (Historic Resources Commission Categorization No. 2024-06) of the M. Jackson House located at 2312 North Spurgeon Street, Santa Ana.
B. The M. Jackson House has distinctive architectural features of the Tudor Revival style and was built in 1928.
C. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival-style home in Santa Ana. The house displays characteristics of the Tudor Revival style through its use of complex hip-and-gable roof and asymmetrical façade, among other original features. The recommended categorization is “Contributive” because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood (Santa Ana Municipal Code, Section 30-2.3). Characterdefining features of the M. Jackson House include, but may not be limited to: T-shaped plan; L-shaped plan; asymmetrical primary façade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full-height, multi-pane, wood-sash windows; tripartite focal window with central fixed pane and flanking multi-pane wood sashes; recessed, diamond-glazed located adjacent to the front entrance and to the focal window; gables with wood-plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs.
City Council 23 – 177 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
D. The legal owners of the property are Carter L. Sapp and Chelsea N. Sapp.
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.
H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including removing the non-compatible rear door and rear window, trimming and maintaining trimmed condition of landscaping and trees at the front of the property, landscaping the back yard, and updating the garage.
Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.
Categorical Exemption No. ER-2024-68 will be filed for this project.
Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:
A. Historic Resources Commission Application No. 2024-09 to place the M.
Jackson House located at 2312 North Spurgeon Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2024-06 placing the M. Jackson House located at 2312 North Spurgeon Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.
Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.
City Council 23 – 178 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 5
th day of September, 2024.
__________________________
Tim Rush
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ City Council 23 – 179 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 5, 2024.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
City Council 23 – 180 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
003-061-11 2312 North Spurgeon
Street
THE LAND REFERRED TO
HEREIN BELOW IS SITUATED
IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
LOT 16 OF TRACT NO. 139, IN
BLOCK “E”, IN THE CITY OF
SANTA ANA, COUNTY OF
ORANGE, STATE OF
CALIFORNIA, AS PER MAP
RECORDED IN BOOK 11,
PAGE 36 OF
MISCELLANEOUS MAPS, IN
THE OFFICE OF THE
COUNTY RECORDER OF
SAID COUNTY.
Carter L. Sapp
and Chelsea N.
Sapp
City Council 23 – 181 10/15/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2024-09 and Historic Resources Commission Categorization No. 2024-06 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2312 North Spurgeon Street, historically known as the M. Jackson House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.
City Council 23 – 182 10/15/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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 Carter L. Sapp and Chelsea N. Sapp, husband and wife as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 2312 North Spurgeon 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 2312 North Spurgeon Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 – 183 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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 November 20, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 184 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 3 -
textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms 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. 2024-11) staff report dated September 5, 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.
City Council 23 – 185 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 4 -
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 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 City Council 23 – 186 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 5 -
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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2312 North Spurgeon Street, Assessor Parcel Number, 003-061-11, 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
City Council 23 – 187 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 6 -
Owners: Carter Sapp and Chelsea Sapp
2312 North Spurgeon Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 188 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
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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 – 189 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
CARTER SAPP
Date: ___________________ By:__________________
CHELSEA SAPP
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 – 190 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 16 OF TRACT NO. 139, IN BLOCK “E”, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 36
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor’s Parcel Number: 003-061-11
City Council 23 – 191 10/15/2024
EXECUTIVE SUMMARY
M. Jackson House
2312 North Spurgeon Street
Santa Ana, CA 92706
NAME M. Jackson House REF. NO.
ADDRESS 2312 North Spurgeon Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.
SUMMARY/CONCLUSION:
The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 192 10/15/2024
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 _5_ Resource name(s) or number (assigned by recorder) M. Jackson House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2312 North Spurgeon Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 003-061-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a MidCentury Modern-style rear addition (Figures 1 and 2). The residence is characterized by an L plan and a complex hip-andgable roof with a moderate-to-high pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) façade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set in a gable end and sheltered by a pan-type metal awning (Figure 3). Windows to the left of the entrance serve as a focal point and feature a tripartite wood-sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows (Figures 4 and 5). Elsewhere, windows vary in size and operability, but generally include wood, multi-pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south façades are full-height (Figure 6). The rear addition contrasts with the historic front end of the house, exhibiting Mid-Century Modern-style elements, such as a canted exterior corner and exposed heavy rafter beams (Figure 7). Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property’s historical Tudor Revival-style elements. (See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (east) facade, view
east, July 2024
*P6. Date Constructed/Age and
Sources: historic
1928/ Original Building Permit
*P7. Owner and Address:
Carter L. and Chelsea N. Sapp
2312 North Spurgeon Street
Santa Ana, CA 92706
*P8. Recorded by:
James Williams
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 3, 2024
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 193 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: M. Jackson House
B1. Historic Name: M. Jackson House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations):
September 11, 1928. Permit to construct residence and garage. $3,000.
December 29, 1936. Reroofing. Valuation unknown.
March 1, 1948, Addition of new room (8’ x 10’). $1,000.
July 6, 1953. Workshop and “rumpus room” addition to the garage. $1,000.
March 10, 1955. Plastering. Valuation unknown.
April 18, 1960. Addition to rear of residence, including a bedroom and a covered deck. $3,000.
April, 1960. Plastering. Valuation unknown.
April 22, 1994. Reroof residence with. $5,570.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M. Jackson House is architecturally significant as an intact example of a Tudor Revival-style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3,000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, city directories show, Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, city directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show, in 1980, Vitula married Ernest D. Schellenberg, whose last name appears in a city building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. (See Continuation Sheet 3)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
Ancestry.com. U.S., City Directories, 1822-1995 [database online]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: James Williams, City of Santa Ana.
*Date of Evaluation: July 18, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
M. Jackson House
2312 N. Spurgeon Street
N
City Council 23 – 194 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout. On the east façade, the board-and-batten swing-up garage door faces a concrete driveway, which leads to north Spurgeon Street (Figure 8). While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid-Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south façade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism (Figure 9). Additional features of the garage include a glazed French and glazed standard-size door, both on the south façade.
The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post-and-rail fence, which visual observation suggests is not original to the property. *B10. Significance (continued):
City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp.
The M. Jackson House is located in the Park Santiago neighborhood, an area bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with singlefamily homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.
The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Tudor Revival-style residence in Santa Ana. Located in Park Santaiago, the house cost $3,000 to build in 1928. The recommended categorization is “Contributive” because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3).
Character-defining features of the M. Jackson House include, but may not be limited to: L-shaped plan; asymmetrical primary façade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full-height, multi-pane, wood-sash windows; tripartite focal window with central fixed pane and flanking multi-pane wood sashes; recessed, diamond-glazed located adjacent to the front entrance and to the focal window; gables with wood-plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued):
_____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002.
City Council 23 – 195 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
_____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
_____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Sanborn maps.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Additional Figures:
Figure 2. Overview of front (east) and secondary (north) façades, showing complex hip-and-gable roof form and
full-height window, facing southwest.
Figure 3. At the front (east) façade, the solid wood front door is set into a small gabled projection and accessed via round podium steps; a full-height, multi-pane window faces the porch from the south façade, facing northwest.
Figure 4. At the front (east) façade, the tripartite focal window consists of a central fixed wood sash flanked by operable multi-pane, wood-sash windows, facing west.
Figure 5. At the front (east) façade, immediately left of the focal window, two diamond-glazed leaded windows
are recessed into a front-gabled projection, facing
northwest.
City Council 23 – 196 10/15/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by James Williams *Date July 15, 2024 Continuation Update DPR 523L
Figure 6. On the south façade, representative full-height, multi-pane, wood-sash windows face the front yard,
facing northeast.
Figure 7. Overview of rear (west) façade, featuring MidCentury Modern-style addition, facing east.
Figure 8. The detached garage is located southwest of
the residence. At the front (east) façade, a board-andbatten swing-up garage door opens toward the driveway, facing west.
Figure 9. The north façade of the grage features a grid of fixed-pane windows and steel casement windows, in
addition to French and standard entry doors, facing
southeast.
City Council 23 – 197 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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, and such design is compatible with City Council 23 – 198 10/15/2024
MILLS ACT AGREEMENT
2312 North Spurgeon Street
Santa Ana, CA 92706
- 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 – 199 10/15/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2312 North Spurgeon Street
Item Year Improvement
1 2024 Trim trees and landscaping and maintain their condition as necessary to ensure a clear view of the primary (east) façade from the public right-of-way. 3 2025 Landscaping back yard, including the replacement of the damaged rear walkway, removal of plants, and planting limited new lawn
4 2026 Replace non-compatible back door and any non-compatible windows at the rear addition of the residence.
City Council 23 – 200 10/15/2024
HRCA NO. 2024-09, HRC NO. 2024-06, HPPA NO. 2024-11
2312 N. SPURGEON STREET
M. JACKSON 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
SITE
City Council 23 – 201 10/15/2024
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
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NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
2312 N. Spurgeon St
08/26/2024
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ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
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COPY OF NOTICE
3844811
!A000006846052!
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NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC
RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.
Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.
Project Location: 2312 North Spurgeon
Street located within Single Family
Residence (R1) zoning district.
Project Applicant: Carter and Chelsea
Sapp (Applicants & Property Owners)
Project Description: Applicants are
requesting approval of Historic Resources
Commission Application (HRCA) No.
2024-09, Historic Register Categorization
(HRC) No. 2024-06, and Historic Property
Preservation Agreement (HPPA) No.
2024-11 to allow the placement and
categorization in the Santa Ana Register
of Historical Properties as “Contributive”
for the above mentioned property and to
execute a Historic Property Preservation
Agreements with the City of Santa Ana.
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Notice of Exemption,
Environmental Review No. 2024-68 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa- ana.org(reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo al (714) 667-
2732.
Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627 .
8/26/24
OR-3844811#
City Council 23 – 202 10/15/2024
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.
Project Location: 2312 North Spurgeon Street located within Single Family Residence (R1) zoning district.
Project Applicant: Carter and Chelsea Sapp (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-09, Historic Register Categorization (HRC) No. 2024-06, and Historic Property Preservation Agreement (HPPA) No. 2024-11 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” for the above mentioned property and to execute a Historic Property Preservation Agreements with the City of Santa Ana.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-68 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, September 5, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. City Council 23 – 203 10/15/2024
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 500’ RADIUS NOTIFICATION MAP
City Council 23 – 204 10/15/2024
City Council 23 – 205 10/15/2024
City Council 23 – 206 10/15/2024
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 Jennifer Mary Schutza, an unmarried woman, (hereinafter collectively referred to as “Owner”), owner of real property located at 1106 South Parton 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 1106 South Parton Street, Santa Ana, California, Santa Ana, CA, 92707 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 – 207 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
- 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 16, 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 – 208 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
- 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. 2024-12) staff report dated September 5, 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 – 209 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
- 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 – 210 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
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7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1106 South Parton Street, Santa Ana, California, Assessor Parcel Number, 013-092-16, 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: Jennifer Mary Schutza
1106 South Parton Street
Santa Ana, CA 92707
City Council 23 – 211 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
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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.
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 – 212 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
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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 – 213 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ______________________ _________________________
JENNIFER MAY SCHUTZA
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 – 214 10/15/2024
MILLS ACT AGREEMENT
1106 South Parton Street
Santa Ana, CA 92707
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EXHIBIT A
LEGAL DESCRIPTION
LOT 2 OF BLOCK A OF TRACT NO. 869, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 26, PAGE 29 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND OTHER HYDROCARBONS, AS RESERVED IN INSTRUMENTS OF RECORD.
Assessor’s Parcel Number: 013-092-16
City Council 23 – 215 10/15/2024
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 _4_ Resource name(s) or number (assigned by recorder) Whitten House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1667 Date:
*c. Address 1106 South Parton Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor’s Parcel Number 013-092-16 N TR 869 BLK A LOT 2 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Strong horizontal lines and exposed structural elements keynote the design of this one-story Craftsman bungalow. The extremely low-pitched roof is arranged in a cross-gabled configuration, with two gables facing front and an extended side gable topping a continuous front porch and porte cochere. Braces are exposed in the overhanging eaves; rafter tails have been cut off. Truncated pillars sitting on heavy tapered piers support the porch roof. An elaborate design of brackets and beams braced with repeated vertical posts carries the roof superstructure. The porch space is further defined by a wood slat railing punctuated by a tapered pedestal. Clapboard of alternating heights sheathes the building. Two large, fixed windows, each banded by a row of rectangular lights across the top, face the street. The entry is located at the south end of the porch.
All of the openings feature extended headers, which reinforce the horizontal theme of the design. Other than the removal of the rafter tails, the bungalow appears unaltered since its move to this location in 1929. *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
September 2003
*P6. Date Constructed/Age and
Sources: historic
Circa 1920
*P7. Owner and Address:
Albar and Judith C. Velasco
1106 South Parton Street
Santa Ana, CA 92707
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
October 1, 2003
*P10. Survey Type:
Intensive Survey
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) None.
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Exhibit B
City Council 23 – 216 10/15/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD