| MILLS
ACT Q & A |
Does your California city have this important preservation
incentive?
In California, the Mills Act is legislation that lets
owners of historically designated buildings reduce their
property taxes in exchange for restoring and maintaining those
buildings. Each city must adopt the Mills Act. Owners sign a
ten-year, endlessly renewable legal contract with their city
(or, in some places, their county) stating what the
responsibilities are.
The Mills Act is named for Senator James R. Mills, who
sponsored the legislation over 20 years ago. Before he became
a well-respected politician, Senator Mills was a noted
historian, author, and preservationist. [Now retired in
Coronado, it is my honor to know this amazing man.]
In San Diego County, the Mills Act is available in the
cities of San Diego, La Mesa, Escondido, Coronado, Chula Vista
and National City. Plus now the Mills Act is available for
unincorporated lands under County of San Diego jurisdiction.
Historic San Diego Marketing and Consulting is working with
owners of historic homes in several other cities within San
Diego County to lobby their elected officials for the Mills
Act. If you want help bringing the Mills Act to your city,
please call us at 619-233-8833 or send us an e-mail. Below are
some basic Q&As that will introduce you to the Mills Act.
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What is the Mills Act?
Why is it called the Mills Act?
Why would any city council vote to
bring the Mills Act to its region? Currently, which San Diego County
cities have the Mills Act? Will any old building qualify for the
Mills Act? How do I get my home locally
designated if it was not designated in the past?
I would like to benefit from the
Mills Act, but I've heard that historic designation would
place restrictions on my building. Is this true?
You mention "buildings," not
"houses." Would buildings other than houses qualify for the
Mills Act in National City if the ordinance in adopted here?
If I apply for the Mills Act, what am
I committing to doing? Can the city ever cancel the contract
on me? If so, would I have to pay back the tax savings?
With the Mills Act, will I
have to show what I spent the tax savings on each year?
How much money can I
expect to save with the Mills Act? When would I see the tax
savings with the Mills Act? Do I have to open my home
to the public if I have a Mills Act contract?
Under a Mills Act
contract, will I have to open my home for inspection by city
officials? What happens if I sell my
historic building before I have the Mills Act for 10 years?
Why don't all the cities
in California have the Mills Act? Can I ever cancel my Mills
Act contract? How do I learn more about
the Mills Act and whether it will be beneficial to me?
What is the Mills Act?
The Mills Act is property tax reduction for designated
historic properties. The tax savings can be used to help
maintain that historic property.
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Why is it called the Mills Act?
The legislation is named for the author of the
legislation -- historian, statesman, and writer Jim Mills.
Senator Mills is well known for being an advocate of mass
transportation, for creating our current San Diego Trolley
system, and for his many years as chairman of the board of the
San Diego Metropolitan Transit Development Board (MTDB).
Although now retired from public life, Senator Mills has
consistently been a strong supporter of historic preservation
in our region.
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Why would any city council vote to
bring the Mills Act to its region?
Because it's very smart. By giving back a percentage of
tax money, it creates incentive to restore older properties. A
Mills Act contract reduces the amount of property tax
collected by the city, but the city doesn't miss very much
money. That's because for every dollar of property tax
collected, about 55 cents goes to the school system and 11
cents goes to the County of San Diego. Each city gets back
only between 14 and 18 cents. It is the County Assessor's
Office that calculates the tax savings for Mills Act
contracts. And the County knows that restoring historic
buildings is good for everybody's property values. The
homeowner wins, the city wins, and the neighborhood wins.
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Currently, which San Diego County
cities have the Mills Act?
The Mills Act has been very
successful adopted in the cities of San Diego, Escondido, La
Mesa, Coronado, and Chula Vista. It was recently adopted by
National City and is also now available in areas governed by
the County. Currently, there are about approximately 300
buildings within San Diego County that are under Mills Act
contract.
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Will any old building qualify for the
Mills Act?
No. In order to qualify, the structure
must be a designated historic building. The designation can be
at the local, state, or national level.
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How do I get my home locally
designated if it was not designated in the past?
Call the local planning department in the five cities
that currently have the Mills Act in San Diego County. Each
city has different local procedures for local historic
designation. Your building may already be considered a
contributing structure to an established historic area. Also,
many buildings that were listed on past local historic
building surveys were not designated when the survey was done
but would qualify as historic now. As a general rule, to
qualify as historic, a building must be at least 50 years old
and be a good example of a particular architectural style or
be associated with a person or event of local, statewide, or
national historic importance.
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I would like to benefit from the
Mills Act, but I've heard that historic designation would
place restrictions on my building. Is this true?
Yes and no. Historic designation is a means of helping
preserve your building for the future, so preserving your
building must be one of your goals. In theory, we should all
be stewards of our property and should seek to be true to the
building's original architectural style. By seeking historic
designation, you are acknowledging your role and
responsibility in keeping this structure safe as a
contributing member to your citys historic fabric.
If your building is granted historic status, then this
means you would not replace wood windows with aluminum ones,
not cover original wood with stucco or vinyl siding, and not
put an addition on the building that is visible from the
sidewalk in front of your home. In fact, if any of these
unsympathetic "improvements" were done to your building, and
your building does qualify as historic, you could use your tax
savings under the Mills Act to undo the damage done by
previous owners. By getting your building historically
designated, you are helping preserve your areas architectural
legacy. You are adding your name to the ranks of those who
care about where we live.
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You mention "buildings," not
"houses." Would buildings other than houses qualify for the
Mills Act in National City if the ordinance in adopted here?
The Mills Act was written so that not only
owner-occupied single homes can qualify, but also multi-unit
homes like Brick Row in National City and commercial buildings
could apply. If your city council can be convinced to take
advantage of this preservation incentive, it is best if the
local Mills Act ordinance is written so that historically
designated commercial buildings will also qualify. It benefits
the entire city if commercial buildings take advantage of this
preservation tool.
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If I apply for the Mills Act, what am
I committing to doing?
The Mills Act is a 10-year, "endlessly renewable," legally
binding contract with the city. After your building is
historically designated, you would fill out a Mills Act
application and submit it to your city with a minor fee. When
your Mills Act application is approved, you will be sent a
contract to sign and have notarized. By signing this document,
you are agreeing, in principle, that in return for the tax
savings you are going to preserve your building.
Your Mills Act contract, if you are in good standing and
not in violation of the ordinance, is endless renewable: it
will always have 10 more years on it, unless for some reason
you wished to cancel the contract. (You won't want to cancel.
See related question below.)
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Can the city ever cancel the contract
on me? If so, would I have to pay back the tax savings?
No, a city cannot cancel a legal contract. The contract
will be as legally binding on the city that issued it as it
will be on you. There will be no need to pay back the tax
savings because of the city canceling a contract.
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With the Mills Act, will I have to
show what I spent the tax savings on each year?
The cities with successful Mills Act programs do not
require submittal of receipts to prove that the tax savings
were put back into the home. (The Mills Act is not a
reimbursement program.) Not having to show how you spent the
tax savings toward your historic building maintenance or
restoration will save a lot of administrative time and money
on the part of the city.
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How much money can I expect to save
with the Mills Act?
Tax savings can be big often up to 60
percent. However, there are some properties in the city of San
Diego that are benefiting from a savings of almost 90 percent.
That's a lot of savings! The County Assessor's Office
determines the tax savings by applying a complex formula to
the current amount of taxes being paid to determine the new
amount. (It is no simple calculation. In Mills Act workshops
we have a representative from the County discuss how the
County calculates the new tax.)
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When would I see the tax savings with
the Mills Act?
In many cities, an owner would apply any
time during the year, with usually an autumn cut-off date, in
order for the tax savings to be reflected in the April tax
bill.
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Do I have to open my home to the
public if I have a Mills Act contract?
No. In 1984 the Mills Act was changed so that you never
have to open your home to the public as a condition of your
Mills Act contract.
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Under a Mills Act contract, will I
have to open my home for inspection by city officials?
Often there is language as part of the ordinance that
would allow for an inspection by city officials, but an
inspection would usually only be requested if the City
suspected that an owner was violating the Mills Act contract.
In other cities in California with the Mills Act, a yearly
drive-by inspection is usually all that the local planning
department does to be sure that the building under contract is
being cared for.
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What happens if I sell my historic
building before I have the Mills Act for 10 years?
The new owner assumes the benefits of the Mills Act
contract! Lucky for the new owner! This means that during
less-than-robust economic times, your building with a Mills
Act contract just got that much more desirable in comparison
to other similar properties.
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Why don't all the cities in
California have the Mills Act?
Because each municipality must
adopt the Mills Act, each local city government must make a
decision to offer this preservation tool. Some cities do not
embrace historic preservation as a revitalization tool; they
wipe away old buildings and neighborhoods and encourage only
new development. Wise city councils realize you need the old
with the new (you need to have a "past" in order to see the
"future") and that historic preservation brings cultural
tourism and local reinvestment. By offering the Mills Act,
your city would be saying that historic preservation is good
for the city and good for the building owner. The
revitalization of neighborhoods is contagious. Once
unappealing and "remuddled" buildings have undergone positive
restorations in the cities in San Diego County that have the
Mills Act.
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Can I ever cancel my Mills Act
contract?
Why would you ever want to cancel? When
you see what you save versus what you pay, you'll never want
to give up the Mills Act. If for some reason you do want to
cancel, you can give written notice that you want to cancel,
and in 10 years your contract would be void. If you wanted to
cancel sooner, you would have to repay your tax savings and
possibly submit a fine. However, to date I have found only ONE
contract in the State of California was voided because of
improper behavior of the applicant toward his historic home.
The tax benefits had to be repaid, with penalty.
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How do I learn more about the Mills
Act and whether it will be beneficial to me?
Call your local planning department. If you have a
vintage or historic building and live in a city that does not
yet have the Mills Act, call Louise Torio at Historic San
Diego Marketing & Consulting to learn more about how to
organize to lobby your elected officials. Louise Torio can be
reached at 619-233-8833 or via e-mail at
HistoricSanDiego@aol.com.
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