Article IV — Mills Act Agreement

A Mills Act contract process is established to provide economic incentives for the preservation of a designated historic landmark or contributing structure within a designated historic district.

All designated historic landmarks, contributing structures in designated historic districts and properties listed on the National Register of Historic Places or the California Register of Historic Resources are eligible for Mills Act contracts, pursuant to the provisions of Government Code Title 5, Division 1, Part 1, Chapter 1, Article 12 (Government Code § 50280 et seq.), or any successor statutes.

All Mills Act contracts shall comply with the provisions listed in Section 50281 of the California Government Code, which includes, but is not limited to, the following:

A.

The term of the contract shall be for a minimum of ten years.

B.

The owner shall comply with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the State Historic Building Code.

C.

The owner shall agree to periodic inspections to determine the owner's compliance with the contract.

D.

The agreement shall be binding upon, and insure to the benefit of, all successors in interest of the owner.

E.

The secretary shall send notice to the State Office of Historic Preservation within six months of entering into the contract.

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3121, § 22, 8-25-20)

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

A copy of an updated title report for the property;

B.

A rehabilitation plan/maintenance list of the work to be completed within the ten year contract period, including cost estimates and the year in which the work will be completed;

C.

A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act agreement; and

D.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

A.

The secretary shall review all applications.

B.

The secretary shall determine the completeness of the application within thirty days of receipt of such.

C.

Once an application is determined complete, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

D.

The commission shall make a recommendation in writing and transmit such to the council, the property owner(s), and the applicant.

E.

The council, within sixty days of receipt of the recommendation from the commission, shall approve or deny the application.

F.

The applicant shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

A Mills Act contract shall be a perpetual ten year contract that automatically renews annually. Either party may file a request for non-renewal by written notice.

(Ord. 2785 Exh. A (part), 2001)

A Mills Act contract may be cancelled or modified if due to:

A.

Owner's written request to the secretary at any time;

B.

Noncompliance with any terms or conditions of the contract;

C.

Noncompliance with any provision in this chapter; or

D.

A finding of misrepresentation or fraud used in the process of obtaining the contract.

(Ord. 2785 Exh. A (part), 2001)

Cancellation proceedings may be initiated by any member of the commission.

A.

Once cancellation proceedings have been initiated, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

B.

The commission shall make a recommendation to the council. The commission shall transmit its recommendation to the council, and the property owner(s).

C.

Council, within sixty days of initiation of the proceedings, shall cancel or continue the contract.

D.

The property owner shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

If a Mills Act contract is cancelled, a cancellation fee equal to twelve and one-half percent of the current fair market value shall be assessed.

(Ord. 2785 Exh. A (part), 2001)