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HomeMy WebLinkAbout7796 RESOLUTION NO 7796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING A PROGRAM TO EXTEND THE "MILLS ACT" HISTORIC PROPERTY TAX INCENTIVE PROGRAM AND RESCINDING RESOLUTION NO 7225 WHEREAS, the City Council of the City of Redlands ("City Council") is dedicated to providing economic and other incentives to assist owners of historic properties with the preservation, rehabilitation, restoration, and/or reconstruction of such properties, and WHEREAS, as set forth in the Land Use and Historic and Scenic Preservation elements of the Redlands Geneial Plan, the City Council has recognized the unportance of conserving and safeguarding the City's cultural, architectural, and historical icsouiccs that contribute to the special and unique character of the City, and WHEREAS, the City Design and Preservation Element of the City's General Plan establishes goals and policies for the City which • Iderntify, maintain, protect, and enhance Redlands' cultural, historic, social, economic, architectural, agricultural, archaeological, and scenic heritage • Provide incentives wherever possible to protect, preserve, and maintain the City's heritage • Encourage retention of the character of existing historic structures and urban design elements that define the built environment of the City's older neighborhoods • Encourage retention of historic structures In then original use or reconversion to their original use where feasible, of adaptive ie-use where original use is no longer feasible • Provide incentives to encourage preservation of large historic structures and conversion to nnulti-family housing if preservation of original use is an economic hardship • Establish guidelines and incentives for appropriate adaptive reuse of historic structul es • Ensure that permanent changes to the exterior or setting of a designated historic resource are in keeping with the intent of the General Plan by requiring a Certificate of Appropriateness fol such changes • Encourage appropriate adaptive reuse of historic resources in order to pi event disuse, disrepair, and demolition, taking care to protect surrounding neighborhoods from disruptive intrusions I lcclerk%Rcsolutions\Res 7700 7799/7796 Mills Act extension.doc Encou>age the use of tax credits, donated casements, and other fiscal incentives foi preservation, and WHEREAS, the "Mills Act" (Goveinincnt Code section 50280 et seq ) authorizes cities to enter into contracts with the owners of qualified historical properties which are defined as properties that are not tax exempt and winch are eithei (1) listed in the National Registiation of Historic Places of located in a registered historic district, as defined in Section 1 191-2(b) of Title 22 of the Code of Fedeial Regulations, or (2) listed in any state, or city local iegistei of historical or architectural significant sites, places of landmarks, and WHEREAS, the City Council finds and determines that adoption of the Mills Act program will implement the policies of the Redlands Geiieial Plan by providing a significant economic incentive foi owneis of historic residences and various other properties to participate in the iehabilitation, restoration, pieservation and maintenance of their historic properties, and WHEREAS, at its regularly scheduled meeting of November 20, 2012, the City Council adopted Resolution No 7225, adopting a five (5) year pilot progiarn for the Mills Act piogiam Resolution, and WHEREAS, at its regularly scheduled meeting of October 5, 2017, the City's Historic and Scenic Preservation Coiminission reviewed a proposal to extend the Mills Act progiain and recommended that the City Council approve the prograrn as described in this Resolution, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1 The City Council hereby extends the Mills Act program for a period of five years frorn the date this resolution To limit the fiscal impact of the Mills Act program on the City, no more than seven (7) Mills Act contiacts will be entered into per calendar year, with a maximum five (5) contracts for residential properties, and a maxiinurn of two (2) contracts foi non-residential properties Only structures with an assessed valuation of less than One Million Dollars will be considered for single family residential contiacts Section 2 The property owner shall be required to use One Hundred percent (100%) of the Mills Act property tax savings to finance the pi enervation, maintenance and improvements of the qualified historic pioperty as specified in the Mills Act contract Section 3 The procedures and qualifying criteria for approval of historical property contracts for historical properties are as follows A Application Filing Any person owning a qualified historic residential, property may file an application for an historical property contract with the Development Services Department The filing period is January 1"to March 31"of each year The application shall be made on the form provided by the department and submitted with the application fee, and such documentation, information, and photographs as may be required by the department evidencing I 1cclerk\Resolutions\Res 7700 7799/7796 Mills Act extension.doc qualities and chaiacteristics of the property for which the historical property contzact is requested, and a description of, and tnmefiarme for, proposed improvements to the property B Ciiteria foi Mills Act Contract A Mills Act contract will be approved only if all the following criteria ale satisfied (i) The pioperty meets the eligibility requnements foi a Mills Act coati act pursuant to California Government Code Section 50280 1 in that the property is a qualified historic property is a property listed on any fedeial, state, on city registei, including the National Registei of Historic Places, California Register of Historical Resources, Califoinia Historical Landmarks, State Points of Historical Interest, and locally designated landmarks (ii) Significant features that defile the historical character of the property, and its buildings have not been destroyed or can be restored based on documentary, physical, or pictorial evidence, and (ill) The owner of the property proposes to snake significant improvements to the property that will not impact the architectural, historical, or aesthetic integrity of the property, and (iv) The property is wholly located within the City of Redlands, is privately owned, and is not exempt fiom pioperty taxation C Review of Woik Plan The Historic and Scenic Preservation Commission shall review the ten (10) year work plan submitted with a Mills Act application and snake a recomimendation of such plan and the application to the City Council D Preparation of Historical Property Contract Upon receipt of a complete application foi a property meeting the above criteria, the City Manager, or his or her designee, shall assist the property owner in preparing a draft historical property contract and agreement conditions, and an example of tax savings The City Attorney shall ieview the proposed contract to ensure it conforms to federal, state, and local law E City Council Approval Prior to contract recordation, the City Council shall review and approve the contract and 10-year work plan F Contract Recordation Upon approval and execution of a Mills Act contiact, the City Clerk shall submit a copy of the contract for recordation to the San Bernardino County Recorder and the County Assessoi's Offices Written notice of the approval of the contract shall also be provided to the State Office of Historic Preservation G Periodic Review of Contiact The City Manager, of his or her designee, will conduct an annual review of all contracts and inspect the properties subject to the contracts to determine the property owners' coinpliance with such contracts The owner of the property shall provide the City with an annual wiltten report, with photo documentation, describing the I lcclerklResolutlons\Res 7700 7799/7796 Mills Act extension doc improvements completed during the preceding year, and a copy of all receipts for unprovements to verify total costs expended during the preceding year F Cancellation of Contract No Mills Act contract shall be cancelled without compliance with Government Code Section 50280 et seq , including proper notice and noticing of a public Bearing Section 4 The City Council has detennmed that adoption of the City's Mills Act Historic Property Tax Incentive Program will have no potential for causing a significant effect on the environment and therefore, pursuant to California Environinental Quality Act (CEQA) Guidelines Section 15061, is not subject to CEQA Section 5 Resolution No 7225 0f the City Council of the City of Redlands is hereby rescinded Section 6 The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof ADOPTED, SIGNED AND APPROVED this 7' day of November, 2017 aul W Foster, Mayor ATTEST �eDonal dson, City Clerk 11cclerk\Resolutions\Res 7700-779917796 Mills Act extension.doc 1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No 7796 was adopted by the City Council at a regular 1neetmg thereof held on the 7"' day of November, 2017, by the following vote AYES Councihne>nbers Harrison, Barich, TeJeda, Mayor Foster NOES None ABSTAIN None ABSENT None ; e Donaldson, City Clerk 1 lcclerk\Resolutionslltes 7700-779917796 Mills Act extension.doc