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Home My WebLink About7947 RESOLUTION NO 7947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS MODIFYING AND RESTATING THE "MILLS ACT" HISTORIC PROPERTY TAX INCENTIVE PROGRAM AND RESCINDING RESOLUTION NO 7796 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 Genial Plan, the City Council has recognized the importance of conserving and safeguarding the City's cultural, architectural, and historical resources 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 • Identify, 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 enviroriinent of the City's older neighborhoods • Encourage retention of historic structures in their original use or reconversion to their original use where feasible, or adaptive re-use where original use is no longer feasible • Provide incentives to encourage preservation of large historic structures and conversion to multi-family housing if preservation of original use is an economic hardship • Establish guidelines and incentives for appropriate adaptive reuse of historic structures • 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 for such changes ® Encourage appropriate adaptive reuse of historic resources in order to prevent disuse, disrepair, and demolition, taking care to protect surrounding neighborhoods from disruptive intrusions 1 1 1Resolutions\Res 7900 7999\7947 Mills Act extension.doc + Encourage the use of tax credits, donated easements, and other fiscal incentives for preservation, and WHEREAS, the "Mills Act" (Governinent Code section 50280 et seq ) authorizes cities to enter alto contracts with the owners of qualified historical properties which are defined as properties that are not tax exempt and which are either (1) listed in the National Registration of Historic Places or located in a registered historic district, as defined in Section 1 191-2(b) of Title 22 of the Code of Federal Regulations, or (2) listed in any state, or city local register of historical or architectural significant sites, places or landmaiks, and WHEREAS, the City Council finds and determines that adoption of the Mills Act program will implement the policies of the Redlands General Plan by providing a significant economic incentive for owners of historic residences and various other properties to participate in the rehabilitation, restoration, preservation 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 program for the Mills Act program Resolution, and WHEREAS, at its regularly scheduled meeting of October 5, 2017, the City's Historic and Scenic Preservation Commission reviewed a proposal to extend the Mills Act program and recommended that the City Council approve the program, and WHEREAS, at its regularly scheduled meeting of November 7, 2017, the City Council approved an extension of the program until November 7, 2022, and WHEREAS, it is now the desire of this City Council to further modify and restate the program as described ni this Resolution, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1 The City Council hereby approves the City's program unplementing the Mills Act from the effective date of this Resolution through November 7, 2022 To limit the fiscal impact of the Mills Act program on the City, no more than seven (7) Mills Act contracts will be entered into per calendar year, with a maximum five (5) contracts for residential properties, and a maximum of two (2) contracts for non-residential properties Section 2. The property owner shall be required to use one hundred percent (100%) of the Mills Act property tax savings to finance the preservation, maintenance and umprovements of the qualified historic property 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 2 1 1Resolutions\Res 7900 7999\7947 Mills Act ertension.doc 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 application shall be made on the fonn provided by the department and submitted with the application fee, and such documentation, information, and photographs as may be required by the department evidencing qualities and characteristics of the property for which the historical property contract is requested, and a description of, and timefrarne for, proposed improvements to the property B Criteria for Mills Act Contract A Mills Act contract will be approved only if all the following criteria are satisfied (i) The property meets the eligibility requirements for a Mills Act contract pursuant to California Goverinnent Code Section 50280 1 in that the property is a qualified historic property is a property listed on any federal, state, or city register, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks (n) Significant features that define 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 (in) The owner of the property proposes to snake significant improvements to the property that will not i npact 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 from property taxation C Review of Work Plan The Historic and Scenic Preservation Commission shall review the ten (10) year work plan submitted with a Mills Act application and make a recoininendation of such plan and the application to the City Council D Preparation of Historical Property Contract Upon receipt of a complete application for 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 review 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 contract, the City Clerk shall submit a copy of the contract for recordation to the San Bernardino County Recorder and the County Assessor's Offices Written notice of the approval of the contract shall also be provided to the State Office of Historic Preservation 3 1 IResoiutions\Res 7900-7999\7947 Mills Act extension,doo G Periodic Review of Contract The City Manager, or 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' compliance with such contracts The owner of the property shall provide the City with an annual written report, with photo documentation, describing the improvements completed during the preceding year, and a copy of all receipts for improvements to verify total costs expended during the preceding year F Cancellation of Contract No Mills Act contract shall be cancelled without compliance with Govermment Code Section 50280 et seq , including proper notice and noticing of a public hearing Section 4 The City Council has determined 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 Environmental Quality Act (CEQA) Guidelines Section 15061, is not subject to CEQA Section 5. Resolution No 7796 of 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 16th day of April, 2019 u W Foster, Mayor ATTEST Jazg& Donaldson, City Clerk 4 I 1Resolutcons\Res 7900-7999\7947 Mills Act extension.doe I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregomg Resolution No 7947 was adopted by the City Council at a regular meeting thereof held on the 16"' day of April, 2019, by the following vote AYES Councilmembers Barich,Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None J850e Donaldson, City Clerk 5 l'1Resolutions\Res 7900 7999\7947 Mills Act extension.doc