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CC Resolution 11776RESOLUTION NO. ii~~6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING THE MILLS ACT HISTORIC PROPERTY INCENTIVE PROGRAM CITYWIDE FOR HISTORIC RESIDENTIAL PROPERTIES WHEREAS, the extension of the Mills Act Historic Property Tax Incentive Pilot Program to that of a permanent Program is exempt from the California Environmental Quality Act (CEQA) per Section 15061 (b) (3) whereby CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to further CEQA review and WHEREAS, on October 4 2011 the City Council of the City of Campbell established the Mills Act Historic Property Tax Incentive Pilot Program by adopting Resolution No 11333 and Resolution No. 11334 approving a modification to the adopted City of Campbell Fee Schedule to establish a Mills Act Contract application fee; and WHEREAS, California Government Code, Section 50280 et seq. and California Revenue and Taxation Code, Section 439 et seq. authorize the City of Campbell to enter into contract with owner(s) of qualified historical property defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property and (e) is individually listed on the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the City deems reasonable to carry out the purposes of the relevant state regulations, and WHEREAS, historic preservation is a comprehensive approach to land use, which serves to promote community identity and enhance the quality of life for citizens. Historic preservation in the City of Campbell involves the identification, protection and preservation of historic sites and structures in the City Such historic sites and properties contribute to the character of a neighborhood and help us follow the evolution of the City and WHEREAS, Campbell's older neighborhoods are rich in history and architectural styles. By protecting historic buildings, the City encourages the cultural enrichment, economic prosperity and visual scenery of Campbell, which benefits its residents by creating a sense of place in an urban landscape; and WHEREAS, historic properties are `non-renewable resources. Preservation and rehabilitation saves resources, utilizes the local labor pool, and promotes heritage tourism; and WHEREAS, the Historic Preservation Ordinance grants authority to the City Council to establish a Resolution to extend the Mills Act Historic Property Tax Incentive Program, and WHEREAS, in 2001 for the purpose of furthering the objective of supporting historic preservation within the City the City of Campbell became a certified Local Government (CLG); and WHEREAS, the City of Campbell is dedicated to providing economic and other incentives to assist owners of historic property with the preservation, rehabilitation, restoration, and/or reconstruction of historic resources, and WHEREAS, the Mills Act is state sponsored legislation that grants local governments the authority to participate in a locally based preservation incentive program and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as follows. Section 1 There shall be established in the City of Campbell a Mills Act Historic Property Tax Incentive Program. a. The City of Campbell Mills Act Historic Property Tax Incentive Program shall be limited as follows: 1 No more than ten (10) residential properties may enter into contract and record with the City unless a new Resolution expanding the number of eligible properties is passed by the City Council. Three (3) properties have already been approved but only two (2) have been recorded. 2. Within the first year of the Mills Act Program extension two (2) of the remaining seven (7) contracts shall be open to application solely from new residential additions to the Historic Resource Inventory List. After the first year application for any remaining contracts will be open to any residence on the adopted Historic Resource Inventory List. Page 2 3 Properties under application for a Mills Act Historic Property Contracts shall be evaluated by the Historic Preservation Board against the review criteria set forth in Campbell Municipal Code Section 21 33 060(6)(1) Applications will be ranked by level of conformance to the review criteria and a recommendation for Mills Act Historic Property Contracts will be forwarded to the City Council for a decision. A property may be selected that does not qualify for each of the criteria set forth, but is an exceptional example of a property meeting a specific criteria category 4 Any property owner under contract will be required to install a plaque as determined by the City of Campbell, similar to the previously installed Historic Landmark plaques acknowledging the historic nature of the property and the use of the Mills Act as a historic preservation tool. Section 2. A qualified historic property for the purposes of the City of Campbell Mills Act Historic Property Tax Incentive Program is defined as residential property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is not exempt from property taxation; (d) is taxed as residential property and (e) is individually listed on the City of Campbell Historic Resource Inventory (HRI) list. Section 3 The City Manager or authorized designee is appointed as the agent of the City of Campbell to execute each Mills Act Historic Preservation Contract following approval and adoption of the Resolution of the City Council of the City of Campbell approving a Mills Act Historic Preservation Contract. Section 4 Prior to Council action on the Resolution of the Council of the City of Campbell approving a Mills Act Historic Property Contract, the Historic Preservation Board shall review the application for a Mills Act Historic Preservation Contract and provide their recommendation(s) to the City Council. Section 5 It is the expectation of the City Council that the property owner will use the Mills Act property tax savings to finance the preservation, maintenance and improvements of the qualified historic property as specified in the recorded Mills Act Contract. PASSED AND ADOPTED this 3rd day of February 2015 by the following roll call vote. Page 3 AYES Councilmembers NOES Councilmembers ABSTAIN: Councilmembers Kotowski Resnikoff Gibbons Baker Cristina None None None ABSENT Councilmembers APPROVED• ATTEST A e Bybee, City Clerk Page 4