Mills Act

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The Mills Act is an economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. A formal agreement, generally known as a Mills Act or Historical Property Contract, is executed between the City and the property owner for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract.

Application Process

Consult the Application Checklist (pdf) and submit applications through the Permitting Online Portal

An application for a Mills Act Historic Property Contract shall include the following:

  • A Historic Resources Inventory (DPR) form (updated within the last five years);
  • The description of the preservation or restoration efforts to be undertaken (10 Year Plan);
  • Statement of justification for the Mills Act Historic Property designation and reassessment
  • Mills Act Historic Property Contract filing fee
  • Legal property description (found with your title report) as Exhibit "A"

Consult the Mills Act Contract process flowchart (pdf). 

Once the application is complete, the draft contract is reviewed by the Historical and Landmarks Commission (HLC). The HLC makes a recommendation to approve or deny the contract to the City Council. The City Council will make a final determination to approve or deny the application.

 NOTE: Anyone seeking approval and recordation of the contract by the end of the calendar year should submit their application no later than June 30.

 

2024 Mills Act Contract Property Audit 

The City conducts an audit of all properties with a Mills Act Contract every five years. The last audit was conducted in 2017. However, due to the Covid pandemic, the next audit is in 2024. The purpose of the audit is to ensure that property owners are in compliance with their 10-Year Plans. Property owners are asked to provide proof of investment into the property in accordance with the 10-Year Plan, such as receipts, invoices, and photo evidence.  

Mills Act properties that are subject to the 2024 Mills Act Contract Audit were sent a letter in the mail with the approved 10-Year Plan associated to the specific property attached. Please review the Mills Act Contract Audit Checklist (pdf) for the required materials to be submitted.  

Should you have any questions, please contact Meha Patel, Assistant Planner at MPatel@SantaClaraCA.gov or 408-615-2454. Submit all materials electronically via email to MPatel@SantaClaraCA.gov. The deadline to submit was June 28, 2024. We are now following up on past due audits.

 

Last Updated:
10-10-2024