HomeMy WebLinkAbout8388RESOLUTION NO. 8388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
EXTENDING A PROGRAM TO IMPLEMENT THE "MILLS ACT" HISTORIC
PROPERTY TAX INCENTIVE PROGRAM
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 General 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 environment 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.
• Encourage the use of tax credits, donated easements, and other fiscal incentives for
preservation; and
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WHEREAS, the "Mills Act" (Government 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 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, county or city local register of historical or
architectural significant sites, places or landmarks; and
WHEREAS, at its regularly scheduled meeting of November 1, 2012, the City's Historic and
Scenic Preservation Commission reviewed the City's proposed Mills Actprogram and recommended
that the City Council approve the program as described in this Resolution; and
WHEREAS, at its regularly scheduled meeting of November 20, 2012, the City Council
adopted Resolution No. 7225 approving and initiating the Mills Act program for a period of five
years; 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 extend the program; and
WHEREAS, at its regularly scheduled meeting of November 7, 2017, the City Council
adopted Resolution No. 7796 amending and extending the Mills Act program for a period of five
years until November 7, 2022; and
WHEREAS, at its regularly scheduled meeting of April 16, 2019, the City Council adopted
Resolution No. 7947 amending and extending the Mills Act program until November 7, 2022, and
rescinding Resolution No. 7796; and
WHEREAS, at its regularly scheduled meeting of August 4, 2022, the City's Historic and
Scenic Preservation Commission reviewed a proposal to again extend the Mills Act program and
recommended that the City Council extend the program for an additional five years; and
WHEREAS, the City Council finds and determines that extension 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. The City Council hereby affirms and extends the City's program
implementing the Mills Act from the effective date of this Resolution through November 30, 2027.
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
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the Mills Act program property tax savings to finance the preservation, maintenance, and
improvements 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:
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 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 qualities and characteristics of the property for which the historical property
contract is requested, and a description of, and timeframe for, proposed improvements to the
property.
B. Criteria for Mills Act Contract: A Mills Act contact 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 Government Code Section 50280.1 in that the property is a qualified
historic property is a property listed on any federal, state, county, 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.
(ii). Significant features that define the
buildings have not been destroyed
physical, or pictorial evidence; and
historical character of the property, and its
or can be restored based on documentary,
(iii). The owner of the property proposes to make 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 from property taxation.
C. Review of Work Plan: The Iistoric and Scenic Preservation Commission shall review
the ten (10) year work plan submitted with the Mills Act application and make a recommendation 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
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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 approval of the contract shall also be provided to
the State Office of Historic Preservation.
G. Periodic Review of Contract: The City Manager, or his or her designee, will conduct
an annual review of all Mills Acts 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 Government Code Section 50280 et seq., including proper notice and noticing of a
public hearing.
Section 4. The City Council has determined that adoption and extension 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. This Resolution shall become effective upon adoption. Resolution No. 7947 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 4" day ber, 2022.
Paul T. Barich, Mayor
ATTEST:
ne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a special meeting thereof held on the 4th day of October,
2022.
AYES: Councilmembers Davis, Guzman -Lowry, Gallagher; Mayor Barich
NOES:
ABSENT: Councilmember Tejeda
ABSTAINED:
'Z� aoj�w"'
e Donaldson, City Clerk
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