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Ojai commission explores streamlining Mills Act access for properties in State Historic District
Summary
Commissioners discussed whether to change local code language so properties already listed as contributing on the California Register can qualify for Mills Act contracts without a separate 'individually listed' designation, and asked staff to submit a written proposal for legal review.
The Historic Preservation Commission debated an often-asked question at its July 9 meeting: can the city make it easier for owners of properties inside the State Historic District to secure Mills Act agreements without undergoing a costly separate local landmark report?
Chair McCatton and several commissioners described interest from property owners who want the tax-contract benefits of the Mills Act and a practical, lower-cost path to local recognition. Staff cautioned that the local municipal code currently includes the term "individually listed" as a qualification for Mills Act consideration, which can require a separate local listing process.
Commissioners and staff discussed one possible technical fix: remove the word "individually" from the local code so that the city's language would mirror state law and allow properties that are listed on the California Register (including contributing properties identified in the Caltrans document that created the State Historic District) to qualify for Mills Act contracts. As one commissioner put it, "the state law allows cities to give Mills Act to people who are listed on the state register" and altering the local code could reduce duplication for properties already vetted at the state level.
Staff and the deputy attorney said the proposal requires written documentation and legal review before any code change is pursued. "I don't know the answer to that; those facts need to go to the attorney's office," staff said, and the commission agreed to ask staff to prepare a clear written proposal outlining the change and the legal rationale so the city attorney can advise whether a code amendment is permissible or advisable.
Commissioners emphasized they were not proposing automatic Mills Act awards: any owners seeking a Mills Act contract would still need to apply and demonstrate an appropriate preservation plan. The conversation sought only to remove procedural barriers for owners already identified as contributing to the State Historic District.
What happens next: chair will draft a written summary of the options and supporting materials and staff will route the request to the city attorney for legal review. The commission will revisit the item after receiving counsel and more detailed cost/administrative implications.
