Article VII — Preservation Incentives

The preservation commission is authorized to develop and implement preservation incentive programs that are consistent with this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The building official is authorized to use and shall use the California Historical Building Code for projects involving landmarks and contributing resources. The preservation commission and the preservation director are authorized to and shall utilize the California Historical Building Code for preservation projects. (Ord. 2013-0020 § 1; Ord. 20130007 § 1)

A. This section implements the Mills Act (California Government Code section 50280 et seq.), related to historical property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner.

B. An owner of any of the following properties that are not exempt from taxation may apply to enter into a Mills Act contract with the city: a property listed in the Sacramento register (either as a landmark or a contributing resource within a historic district); a property within the city that is listed in the National Register of Historic Places (either as an individual listing or as a contributing property within a national register historic district); or a property within the city that is listed in the California Register of Historical Resources. Properties that have been previously listed in one or more of the abovementioned registers, but that have been removed from the register and are no longer listed, are not eligible for a Mills Act contract with the city.

C. The city council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar year.

D. When considering whether an applicant is suitable for a Mills Act contract, the city, in its sole discretion, may give priority to applicants that demonstrate any of the following:

1. The property is particularly significant due to its historic value, location, or other attribute.

2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property.

3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources.

• E. The preservation director shall make available Mills Act application materials.

F. A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the preservation director and pay a processing and administrative fee in an amount established by resolution of the city council. The preservation director, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the preservation director determines the applicant is suitable for a Mills Act contract, the preservation director shall prepare and make recommendations on the contents of the contract for consideration by the city council.

G. The city council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract. Should the city council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied.

H. A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action, or where the council fails to take action, within one year from the date that the application is deemed denied pursuant to subsection G of this section. (Ord. 2018-0039 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

At site plan and design review, the preservation director may waive up to 100% of required private open space requirements applicable to the reuse of a listed historic resource. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An applicant may elect to comply with either the density provisions of the applicable zone or the provisions of subsections A, B, and C.

• A. The development project shall consist of the residential reuse of a nonresidential listed historic resource.

• B. The adaptive reuse density shall apply only to that portion of the development project located within the original building envelope of the listed historic resource.

C. The adaptive reuse density shall not exceed one dwelling unit per 750 square feet of gross floor area within the original building envelope of the listed historic resource. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Except for a listed historic resource used as a single-unit dwelling, commercial or office uses are permitted to occupy up to 100% of the original building envelope of a listed historic resource. (Ord. 2017-0061 § 74; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)