§ 22.168

The provisions of this Chapter 22.168 are known as, and may be cited as, the "Los Angeles County Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

The Program provides an incentive for owners of qualified historical properties within the unincorporated areas of the County to preserve, restore, and rehabilitate the historic character of such properties, thereby providing an historical, architectural, social, artistic, and cultural benefit to the citizens of the County, as authorized by the provisions of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code, which provisions are commonly known as the "Mills Act."

(Ord. 2019-0004 § 1, 2019.)

Specific term(s) used in this Chapter are defined in Section 22.14.130 of Division 2 (Definitions), under "Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

Only qualified historical properties shall be eligible to participate in the Program.

(Ord. 2019-0004 § 1, 2019.)

To implement the Program, the Director shall propose provisions to control the cost to the County of the operation of the Program, including, but not limited to, provisions designed to limit the total reduction in unrealized property tax revenue to the County resulting from historical property contracts. The Director, in consultation with the Landmarks Commission, shall also propose priority criteria by which an application can receive priority consideration over other applications. Such provisions and priority criteria must be approved by the Board, and may be amended from time to time by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

Any person may file an application with the Director to enter into an historical property contract. An application must be accompanied by the applicable application fee, which shall be non-refundable.

B.

An application shall contain the following information:

Name and address of the applicant and of all owners of the subject property;

2.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application;

3.

The location and legal description of the subject property;

4.

Evidence that the subject property is a qualified historical property;

5.

A proposed plan for the preservation and, when necessary, the restoration or rehabilitation of the subject property, including a plan for all construction and maintenance work which is proposed to be performed;

6.

Evidence satisfactory to the Director that execution of the historical property contract will result in the preservation and, when necessary, the restoration and/or rehabilitation of a qualified historical property; and

7.

Such other information as the Director may require.

(Ord. 2019-0004 § 1, 2019.)

After the Director determines that an application to participate in the Program is complete, the Director shall cause to be conducted, and the owners shall allow, an inspection of the interior and exterior of the subject property to substantiate the information and evidence contained in the application, and to determine whether the work proposed as part of the plan required by Section 22.168.060.B.5 is necessary for and will result in the preservation and, when necessary, the restoration or rehabilitation of the subject property.

(Ord. 2019-0004 § 1, 2019.)

A.

Grant of Application. The Director may grant an application if, after the inspection required by Section 22.168.070 (Inspection of the Property), the Director determines that the information and evidence contained in the application has been substantiated, and that the work proposed as part of the plan

required by Section 22.168.060.B.5 is necessary for, and will result in, the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. Upon granting the application, the Director and all owners of the subject property shall execute an historical property contract containing all of the provisions required by Section 22.168.100 (Required Provisions of an Historical Property Contract), and including the plan required by Section 22.168.060.B as an exhibit, incorporating its provisions into the contract. An historical property contract shall not be effective for any purpose unless all owners of the subject property execute the historical property contract and pay the applicable non-refundable, contract execution fee. Within 20 days after execution of the contract, the owners shall pay all required inspection, recording, and other fees set forth in the contract.

B.

Denial of Application. The Director shall deny the application if it fails to contain the information and evidence required by Section 22.168.060 (Application), or if the Director determines that such evidence and/or information has not been satisfactorily substantiated following inspection of the subject property pursuant to Section 22.168.070 (Inspection of the Property). The Director shall also deny the application if the Director determines that granting the application would be inconsistent with any approved provisions described in Section 22.168.050 (Program Implementation). At any time prior to denying an application, the Director may suggest modifications or changes to the application which, if adopted by the applicant, would cause the application to conform to the requirements of this Chapter.

C.

No Administrative Appeal. Other than as provided in Section 22.168.090 (Exemption From Disqualification), the decision of the Director on the application shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

22.168.090 - Exemption From Disqualification.

Where a qualified historical property is ineligible to participate in the Program because of any approved provisions described in Section 22.168.050 (Program Implementation), the owners or other persons authorized by the owners may file a request with the Director for an exemption from the disqualifying provisions pursuant to this Section.

A.

Requirements for Exemption Request. A request for an exemption shall be accompanied by the applicable application fee and the applicable exemption request fee. The exemption request shall contain the information and evidence required by Section 22.168.060 (Application). In addition, the exemption request shall include evidence that, notwithstanding the disqualifying provisions, the subject property is deserving of an historical property contract due to its exceptional nature, or because it is subject to special circumstances not generally applicable to other qualified historical properties. After the Director determines that the exemption request application is complete, the Director shall inspect the property pursuant to Section 22.168.070 (Inspection of the Property) for the purposes described therein and to evaluate whether

the exemption is warranted due to the exceptional nature of the subject property or because the subject property is subject to special circumstances not generally applicable to other qualified historical properties.

B.

Director's Recommendation. Upon completion of the review of the exemption request and inspection of the subject property, the Director shall make a recommendation to the Board to approve or deny the request based on the criteria set forth in Section 22.168.080.A (Grant of Application), and also based on whether there is sufficient evidence showing that the subject property has an exceptional nature or is subject to special circumstances not generally applicable to other qualified historical properties that warrant the exemption.

C.

Decision of the Board. The Board may grant the exemption request if it finds that the applicant has substantiated the information and evidence required under Subsection A, above, and that the work proposed as part of the plan required by Section 22.168.060.B is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If the Board grants the exemption request, the Director and all owners shall execute an historical property contract as described in Section 22.168.080.A (Grant of Application).

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall contain all of the provisions required by Sections 50280, 50281, and 50282 of the California Government Code, and shall also include provisions that require:

A.

That the preservation, and any restoration and/or rehabilitation of the qualified historical property, conform to any rules and regulations established or adopted by the County regarding the preservation, restoration, and/or rehabilitation of qualified historical properties.

B.

An inspection of the interior and exterior of the premises by the Department every five years, or on any more frequent basis as the Director deems necessary, to determine the owners' compliance with the contract.

C.

The owners to provide all information requested by the Director or the Department for purposes of determining the owners' compliance with the contract.

D.

Such other terms and provisions as the Director determines are necessary.

(Ord. 2019-0004 § 1, 2019.)

Not later than 20 days after the execution of an historical property contract, the Director shall cause to be recorded with the Registrar-Recorder/County Clerk a copy of the contract, which contract shall adequately describe the subject property. The Department shall provide all owners with a copy of the recorded contract.

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall be cancelled under the circumstances and pursuant to the procedures described in this Section. No historical property contract may be cancelled unless and until the Department has given notice of, and a Hearing Officer has held, a public hearing pursuant to this Section.

A.

Circumstances for Cancellation. An historical property contract shall be cancelled under the following circumstances:

1.

If the Hearing Officer determines that the owners of the subject property has breached any of the conditions of the historical property contract or has allowed the subject property to deteriorate to the point that it no longer meets the standards for a qualified historical property;

2.

The subject property is demolished, destroyed, or significantly altered due to a natural disaster such that the subject property no longer meets the standards for a qualified historical property and the Hearing Officer determines, after consultation by the Director with the State Office of Historic Preservation, that preservation, rehabilitation, or restoration of the subject property is infeasible; and

3.

The subject property has been acquired in whole or in part by eminent domain by an entity authorized to exercise eminent domain, if the Hearing Officer determines that the eminent domain acquisition frustrates the purposes of the historical property contract.

B.

Public Hearing Procedure.

1.

At least 30 days before the public hearing on the cancellation of an historical property contract, the Department shall mail notice of the public hearing to the last known address of each owner of the qualified historical property and shall publish notice of the public hearing pursuant to Sections 6060 and 6061 of the California Government Code.

2.

The public hearing on the matter shall be conducted by a Hearing Officer pursuant to Section 22.222.120 (Public Hearing Procedure). The Hearing Officer shall make a determination as to whether any of the circumstances described in Subsection A, above, have been met. If such a determination is made, the Hearing Officer shall declare the historical property contract cancelled, and within 20 days after such determination, the Department shall record a notice of contract cancellation with the RegistrarRecorder/County Clerk. The Hearing Officer shall mail notice of the action taken to the same persons to whom notice of the public hearing was mailed pursuant to Subsection B.1, above.

C.

Cancellation Fee.

1.

Except as provided in Subsection C.2, below, if an historical property contract is declared cancelled pursuant to Subsection B.2, above, the owners shall pay a cancellation fee equal to 12½ percent of the current fair market value of the property, as determined by the Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Auditor-Controller at the time and in the manner that the Auditor-Controller shall prescribe and shall be allocated by the Auditor-Controller as required by Section 50286 of the California Government Code.

2.

The cancellation fee described in Subsection C.1, above, shall not apply to an historical property contract cancelled because of a circumstance described in Subsection A.2 or A.3, above.

D.

No Administrative Appeal. The decision of the Hearing Officer on the cancellation of the historical property contract shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

22.168.130 - Administrative Guidelines; Form Historical Property Contract.

A.

The Director, in consultation with the Landmarks Commission, shall issue administrative guidelines to implement this Chapter, which guidelines shall provide for the administration and operation of the Program. The administrative guidelines shall also include any provisions and priority criteria approved by the Board pursuant to Section 22.168.050 (Program Implementation).

B.

The Director shall prepare a form historical property contract for approval by the Board which contains, at a minimum, all the provisions described in Section 22.168.100 (Required Provisions of a Historical Property Contract).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.170 - LOT LINE ADJUSTMENTS