CC Resolution 11333RESOLUTION NO. 11333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ESTABLISHING THE MILLS ACT HISTORIC PROPERTY INCENTIVE PILOT
PROGRAM CITYWIDE FOR HISTORIC RESIDENTIAL PROPERTIES
WHEREAS, the establishment of the Mills Act Historic Property Tax Incentive
Pilot 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, 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 by Resolution a 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 will initially be a pilot program. The pilot program shall
be limited as follows:
1. Three years from the date the City Council establishes the
Mills Act Historic Property Tax Incentive Program or after
five residential properties have entered into contract,
whichever comes first, the program shall be suspended
and no new applications will be accepted or processed
unless a new Resolution extending the Mills Act Historic
Property Tax Incentive Program is passed by the City
Council.
2. No more than five (5) Mills Act Historic Property Contracts
shall be entered into and recorded until and unless a new
Resolution extending the Mills Act Program is passed by
the City Council.
3. Within the first year of the Mills Act Program, two (2) of the
five (5) total 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 contract will be open to any residence on the
adopted Historic Resource Inventory List.
4. 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(B)(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.
5. 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 4th day of October, 2011 by the following roll call
vote:
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Waterman, Cristina, Kotowski, Baker
Low
None
ABSENT: Councilmembers
ATTEST:
Anne Bybee, City Clerk
APPROVED: ~~
Jas T. Baker, May r