HomeMy WebLinkAboutMills Act Resolution
RESOLUTION NO. 2011-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ESTABLISHING THE APPLICATION
PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT
PROVISIONS FOR THE IMPLEMENTATION OF THE PALM DESERT
MILLS ACT PURSUANT TO PALM DESERT MUNICIPAL CODE
CHAPTER 29.70
WHEREAS, California Government Code, Article 12, Section 50280, more
commonly known as the Mills Act, established legislation providing property tax relief for
owners of qualified historic properties who contract with a city to abide by reasonable
preservation requirements; and
WHEREAS, the City of Palm Desert is dedicated to preserving historic resources
within the City; and
WHEREAS, pursuant to Palm Desert Municipal Code Title 29, the City has
established procedures to identify and designate historic resources within the City; and
WHEREAS, Palm Desert Municipal Code Chapter 29.70 allows for the adoption
of economic and other incentives for historic properties designated by the City Council
or listed on any official federal, state, or county register for the purpose of preservation,
rehabilitation, and maintenance of those designated historic resources; and
WHEREAS, preservation agreements will have beneficial effects on residential
neighborhoods, businesses, community pride, and regional image; and
WHEREAS, Palm Desert Municipal Code section 29.70.030 states that the
application process, review procedures, and required contract provisions for
preservation agreements shall be established by separate resolution of the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
Section 1: The program implementing California Government Code, Article 12,
Section 24 50280 et seq. (known as the Mills Act) and Section 29.70.030 of the Palm
Desert Municipal Code, for the purpose of preserving, rehabilitating, and maintaining
designed historic resources, shall be known as the Mills Act.
Section 2: Pursuant to Palm Desert Municipal Code section 29.70.030, the City
Council hereby delegates to the Director of Building and Safety or his/her designee the
authority and responsibility to develop and maintain an application for properties
seeking qualification and participation in the Mills Act.
Section 3: Pursuant to Palm Desert Municipal Code section 29.70.030, the City
Council hereby delegates to the Director of Building and Safety or his/her designee the
authority and responsibility to review and make a recommendation to the City Council
on any application submitted pursuant to the Mills Act. The City Council is the final
authority on the authorization and approval of the Mills Act.
Section 4: The Preservation Agreement to be used in the Mills Act is attached as
Exhibit "A." Pursuant to Palm Desert Municipal Code section 29.70.030, the City
Council hereby delegates to the Director of Building and Safety or his/her designee the
authority and responsibility to amend and modify the Preservation Agreement as
deemed necessary and appropriate, in consultation with the City Attorney.
The terms of the Preservation Agreement shall always comply with California
Government Code, Article 12, Section 50280 et seq. (known as the Mills Act) and Palm
Desert Municipal Code section 29.70.030. The maintenance, repair, rehabilitation,
and/or restoration standards applicable to the subject property shall be set forth in the
Preservation Agreement. In consideration for abiding with the terms of the Preservation
Agreement, the owner of the subject property shall be entitled to qualify for a
reassessment of the historic property, pursuant to Chapter 3, Page 2, of Division 1 of
the California Revenue and Taxation Code.
Section 5: To limit the fiscal impact of the Mills Act to the City of Palm Desert, the
City of Palm Desert shall not enter into or execute more than seven (7) Preservation
Agreements per calendar year. Applications will be accepted during the month of June
only, during normal business hours. The seven (7) applicants will be randomly selected
from all eligible applications submitted.
Section 6: The provisions of this resolution shall become effective concurrent
with the effective date of the amendment to Palm Desert Municipal Code section 29.70,
allowing for preservation incentives, which has been introduced concurrently with this
resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting held this 13th day of January, 2011, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA