Yreka Municipal Code Ch. 17.05 Mills Act Agreements

(a) The city may enter into Mills Act agreements as set forth in California Government Code Section 50280 et seq., with a property owner or association of property owners, in the form developed by the city attorney, to reduce the taxes on the property under their respective control that has been designated a historical resource or historic district in return for the owner's or owners association's binding commitment to maintain the physical integrity and character of the historical resource or historic district in a manner consistent with state law and the provisions set forth in this chapter.

(b) So long as the property owner conforms to the statement of purpose set forth in Section 17.04.010 of this code and the guidelines as may be adopted by the historic commission as approved by the city council from time to time, the city will not require specific measures be undertaken for Mills Act agreements. The agreement shall provide that the property owner shall annually report in writing to the city of those improvements made to the property subject to the agreement and demonstrate that those improvements equal or exceed the amount of tax deferred for that year. The report of improvements shall be reviewed annually by the historic commission.

(Ord. 800 § 2(part), 2008).

Selection of qualifying properties for potential Mills Act agreements shall be made by the historic and landmarks commission pursuant to the following procedure:

(a) To obtain a Mills Act agreement with the city of Yreka regarding property in the city of Yreka, the property owner must submit an application to the city, accompanied by an application fee, in the following manner:

(1) Identify the property and ownership where proposed;

(2) State the address and telephone number of the owner and/or the owner's agent;

(3) Identify the applicant and state the address and telephone number of the applicant;

(4) Be accompanied by an executed city of Yreka Mills Act agreement, signed by the property owner;

(5) Give such other information as may be required by the planning director or chief building official;

(6) Show the location of the property and the date the historic district and landmarks commission ("historic commission") designated the property as a qualifying property pursuant to Chapter 17.04 of this title or that the property has been otherwise duly designated as required by Government Code Section 50280.1;

(7) Any application for treatment under this chapter shall be accompanied by a nonrefundable application fee to defray processing costs. The amount of such application fee shall be set by resolution of the city council.

(b) The application will be submitted first to the historic commission for review and recommendation to the city council regarding the suitability of the property for Mills Act agreement. If the property is not a qualifying property under California Government Code Section 50280.1, the historic commission may consider and take action to designate the property at the same time as the application. No application shall be approved under this chapter unless it is found by the historic commission to be a qualifying property pursuant to Government Code Section 50280 et seq.

(c) Upon review and recommendation by the historic commission, the Mills Act agreement will be submitted to the city council for review. The decision of the city council shall be final.

(d) Review and Renewals. The historic commission shall conduct annual review of all Mills Act agreements and if, in the discretion of the historic commission, a Mills Act agreement should be cancelled or modified, the historic commission shall make any recommendation for cancellation or modification of a Mills Act agreement to the city council for consideration. Modifications in lieu of cancellation which include a schedule of improvements may be recommended by the historic commission if it determines that a schedule of improvements to be done for the property over the term of the agreement is necessary for performance of the agreement.

(Ord. 800 § 2(part), 2008).

In order to more effectively and equitably achieve the purposes of this section, the city may offer incentives to the owner of a property of historical significance as defined and described in this title, and contributing properties in a historic district, in order to support the preservation, maintenance and appropriate rehabilitation of such properties. Preservation incentives shall be considered on a case-by-case basis and may include economic assistance, relaxation of otherwise applicable development standards or use restrictions. Pursuant to Section 17.04.051(a)(3), the historic and landmarks commission may adopt by resolution a list of potential preservation incentives, which shall be subject to approval by the city council.

(Ord. 800 § 2(part), 2008).