HomeMy WebLinkAbout7225_CCv0001.pdf RESOLUTION NO. 7225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING 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.
0 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, 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 Act program and
recommended that the City Council approve the program as described in this Resolution;
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;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. The City Council hereby establishes a Mills Act program for a period of
five years from the date this resolution. 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. Only structures with an assessed valuation of less than One Million
Dollars will be considered for single family residential contracts.
Section 2. The property owner shall be required to use one hundred percent(100%)of
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 filing period is January I st to March 31st 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
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, or city register, including the National
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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 historical character of the property, and
its buildings have not been destroyed or can be restored based on documentary, physical, or
pictorial evidence; and
(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. Preparation of Historical Property Contract: Upon receipt of a complete
application for a property meeting the above criteria, the City Manager or 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 statutory guidelines.
D. Contract Recordation: Upon approval and execution of the contract, the City
Clerk shall submit a copy of the contract for recording to the San Bernardino County Recorder
and the County Assessor's Offices. Written notice of the contract shall also be provided to the
State Office of Historic Preservation.
E. Periodic Review of Contract: The City Manager, or his or her designee, will
conduct an annual review of all Mills Acts program contracts and cause the inspection of 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 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. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption thereof.
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ADOPTED, SIGNED AND APPROVED this 20`h day of November, 2012.
Pete Aguil `r, Mayor
ATTEST:
Sam Irw' City Clerk
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1, Sam Irwin, City Clerk of the City of Redlands, County of San Bernardino, State of California,
hereby certify that the foregoing Resolution No. 7225 was regularly adopted by the City Council
of said City of Redlands at a regular meeting of said council held on the 2& day of November,
2012,by the following vote:
AYES: Councilmembers Bean, Foster,Gardner; Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: Councilmember Harrison
Sam Irwin,LdaytJerk
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