TO: ARCHITECTURAL AND PRESERVATION COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: SEPTEMBER 9, 2026
SUBJECT:
Title
REVIEW OF HISTORICAL PROPERTY (MILLS ACT) AGREEMENT REQUEST #26-MA04 BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 1399 VIA ZURITA STREET - APPLICANT AND PROPERTY OWNER(S): ALAN C. MILLER AND KRISTIN J. MILLER
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SUMMARY
The owners of the property at 1399 Via Zurita Street have submitted a request to enter into a Historic Property (Mills Act) Agreement with the City. The Mills Act is a preservation tool enacted by the state legislature to ensure the long-term preservation of eligible historic properties and other significant site features of such properties. In return, property owners receive a reduction in taxes, which in turn helps finance needed repairs and renovations for the property. The Architectural and Preservation Commission is the recommending body for Mills Act requests. The Architectural and Preservation Commission recommendation is forwarded to the City Council for final action on the agreement. Staff has reviewed the application and finds that each of the required criteria for entering into a Mills Act agreement, as established by the City Council, can be met.
RECOMMENDATION
Recommended Action
Staff recommends that the Architectural and Preservation Commission:
A. Adopt a RESOLUTION OF THE ARCHITECTURAL COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, recommending City Council approval of Historical Property (MILLS ACT) Agreement #26-MA04 BETWEEN THE CITY AND THE OWNERS OF THE PROPERTY LOCATED AT 1399 VIA ZURITA STREET - APPLICANT AND PROPERTY OWNERS: ALAN C. MILLER AND KRISTIN J. MILLER; and
B. Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).
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ALTERNATIVES TO RECOMMENDATION
In addition to staff’s recommendation, there are the following alternatives:
A. Continue the discussion and request additional information.
B. Express the intent to recommend denial of the Mills Act contract, specifically identifying the criteria that cannot be met, and continue the item to September 23, 2026, for adoption of the denial recommendation resolution.
FINANCIAL REVIEW
The costs associated with the review of this application have been borne by the applicant.
ANALYSIS
Upon approval of a Mills Act historical property contract (Attachment B), the value of the subject property is reassessed based on a formula that considers the rental income that could be expected from the property, the Federal home loan interest rate, a historic property risk component, and an amortization component to result in a special Mills Act capitalization rate. The total tax savings for the property owners is determined by using the formula outlined in Attachment C, which also estimates the anticipated tax savings for the property owners/applicants. With approval of a Mills Act contract, the value of property tax savings must be used to fund the scope of work, identified in Attachment B, to preserve or rehabilitate the historic character-defining elements of the property and ensure its ongoing historical and structural integrity. Approval of a Mills Act contract will also result in a minor loss of tax revenue to the City. This loss represents the City’s contribution to ensuring the property’s preservation for the benefit of the community.
Staff has prepared estimates of the anticipated tax savings (Attachment C) for the owner and the loss in tax revenue to the City if the Mills Act agreement is approved. The calculations estimate a potential tax savings to the owners of $6,317 per year ($63,172.22 for ten years), and a potential loss to the City in tax revenue of $733 per year. In addition to the loss of revenue to the City, the contract will also result in a loss of tax revenue to the other local, regional, and state agencies, and districts that receive a portion of property taxes paid.
Background
What is the Mills Act?
The Mills Act is a preservation tool created by the California state legislature in 1972 to encourage the preservation and restoration of historic properties. The act enables cities to enter into historical property agreements with owners of qualifying properties to reduce owners’ property taxes in order to incentivize investment in their historic property. While resulting in some lost tax revenue, the agreements provide benefits to cities in that they ensure preservation, high-quality rehabilitation, and maintenance of historic properties that represent important cultural resources.
As provided for by State law, the Mills Act is administered and implemented by local governments. Mills Act contracts are executed between the property owner and the local government granting the tax reduction. Cities have considerable discretion in evaluating Mills Act requests and are not mandated to approve historical property agreements. Each local government establishes their own eligibility criteria, application procedures, and the number of contracts to allow within their jurisdiction. The California Office of Historic Preservation (OHP) does not participate in the contract negotiations, is not a signatory to the contract, and has no authority over the administration of the Mills Act program.
City’s Mills Act Program
In October 2000, the City Council approved procedures and review criteria for agreements for properties in Claremont. Initially, the program was restricted to historic properties suffering severe deterioration and in danger of near-term demolition or eventual demolition due to long term neglect. In January 2009, the City Council revised the review criteria to include all residential properties listed in the City’s Register of Structures of Historic and Architectural Merit of the City of Claremont (Register). In addition, the Council limited the maximum number of Mills Act contracts that can be approved to six per year.
On October 9, 2012, the City Council amended the program once more to provide clarification to one of the review criteria, and to establish an annual compliance review fee. These newly revised criteria and procedures are included as Attachment D (City Council Resolution 2012-75).
Property Description
The subject property is located on southwest corner of the intersection of Via Zurita Street and Via La Selva, which is near the corner of Foothill and Indian Hill Boulevards. The property has a General Plan Designation of Residential 6 and is zoned Single-Family Residential 10,000 (RS 10,000).
Located at 1399 Via Zurita Street and constructed in 1926, the residence is an example of Spanish Colonial Revival architecture found in Claremont as a popular style built from 1915 to 1940.
The character-defining features of both the exterior and interior of the home were identified through a site visit to the property. The primary residence is a one-story, Spanish Colonial Revival style structure with textured white stucco, red clay tile roofing, and front porch. The front porch area is enclosed by low stucco walls. Defining features of the exterior include a mixture of low-pitched gable roofs and higher pitched shed roofs with no overhangs, front porch enclosed by low stucco walls and recessed windows with stucco lintels. The interior features include signs of renovations made over the years. These include exposed ceiling joists, textured stucco walls, and tongue and groove wood ceilings.
The home is in relatively good shape and, with appropriate restoration and repair, can continue conveying its historical appearance and significance.
Proposed Work Plan
The applicants have proposed a sensible work plan that addresses both the home’s exterior and interior and will rehabilitate some of the home’s character-defining features while also enhancing the integrity of the property and bringing portions of the home closer to their original historic appearance. A detailed summary of the proposed improvements is included in the Draft Mills Act Contract (Attachment B) with a summary provided here. With approval of a Mills Act Contract, the applicant would complete the removal of the wood trellis cover, remove and install twenty-seven windows with new lintels to match existing windows, and install French doors in the living room and den. The applicant is proposing replacement of the existing windows that are either wood or aluminum to all high-quality aluminum. The cost of the proposed work items would exceed the property tax savings over ten years.
Qualifying Criteria and Staff Evaluation
Pursuant to Section 130 of City Council Resolution No. 2012-75, a historical property contract may be approved only if all the following criteria are met:
A. The subject property meets the eligibility requirements for a Mills Act contract pursuant to California Government Code Section 50280.1 in that it is a privately owned property which is not exempt from property taxation, and is listed on the National Register of Historic Places, located in a National Register or local historic district, listed in a state or county official register of historic or architecturally significant sites, places or landmarks, or listed in the Register of Structures of Historic and Architectural Merit of the City of Claremont.
The subject property is privately owned by the applicants (Alan and Kristin Miller) and is not exempt from property taxation. The subject property is listed in the Register of Structures of Historic and Architectural Merit of the City of Claremont. The property’s architectural and historical significance satisfies the Mills Act eligibility requirements. It should be noted that the property consists of two independent lots. The first is the site of the house, front yard driveway, garage, and rear yard. A second adjacent lot is developed with a pool, patio, and landscaping. Because there is no historic residence on the second parcel, it is not included as part of this Mills Act Contract.
B. The subject property contributes significantly to the quality, diversity, historical interest, and ambience of the community.
The existing residence contributes significantly to the quality, diversity, and historical ambience of Claremont. Constructed in 1926, the residence represents a great example of Spanish Colonial Revival architecture, especially given its location within the small Via Zurita Street neighborhood, which contains many custom houses of various architectural styles, four of which are listed on the Claremont Register. The home has a Spanish California architectural style that was intentionally chosen by Jose Pijoan, a Barcelona born, Pomona College professor of Hispanic Civilization, who is credited with engaging Jose Clemente Orozco to paint his famous Prometheus mural on the campus. Later, the property served as the home of Millard Sheets, one of Claremont’s best-known residents due to his very high-profile career as artist, mosaicist, muralist, and designer of savings and loan buildings.
C. Significant features that defined the historical character of the subject property, and its buildings have not been destroyed or can be restored based on documentary, physical, or pictorial evidence.
The significant character-defining features of the subject property have largely been preserved, and the proposed window changes are intended to unify and upgrade the windows, which are a character-defining feature of the residence that have been inconsistently modified over the last few decades. The proposed window upgrades will increase the livability of the residence and improve the exterior appearance with consistent window material, style, and color. Furthermore, replacing the existing sliding door with French doors with the same material as the windows and removing interior board and batten wall panels from the den will further preserve the functionality of the property in a style that is more appropriate to Spanish Colonial architecture. The home exhibits a high level of integrity in design, materials, workmanship, and setting-ensuring that its historic character has not been lost and, where necessary, can be restored using documentary and physical evidence such as that found in Attachment G.
D. The owner of the subject property proposes to make improvements that are related to preservation and/or rehabilitation of character-defining elements and/or historical and structural integrity of the property. Additionally, the cost of such improvements must be equal to or greater than the expected property tax savings for the first ten years, which needs to be distributed into two five-year periods.
Improvements proposed by the applicant include replacing all windows, removal of a trellis added to the front façade of the home, and removal of inappropriate interior wall panels; all of which contribute to preservation of character-defining elements and improved livability of the home. The estimated cost of these improvements exceeds the expected property tax savings. The details of the planned improvements are listed in Attachment F.
In completing the proposed work items with the benefit of a historical property contract, the property’s ability to continue contributing to the historical interest and ambience of the Claremont community will be enhanced. The applicant has proposed a sensible work plan that would help ensure the home’s long-term livability and restore some of its key historic features.
Based on estimates provided by the applicant, the total cost of the proposed scope of work is approximately $79,451, which equates to roughly 26% over the estimated savings of $63,172.22 that would result from the historical property contract over a ten-year period. With the signing of the historical property contract, the applicant would be required to invest the avoided property tax into the work outlined in Attachment F. Additionally, based on the proposed scope of work, the applicant would be contributing more of their own funds into the proposed work than they would be saving through their reduced property taxes.
E. The subject property is residential.
The subject property is a single-family residential property located in the RS 10,000 zoning district. The property remains in residential use, consistent with the Mills Act’s residential eligibility criteria.
CEQA REVIEW
The proposed scheduled improvements within the contract are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331 in that these improvements are for the restoration and rehabilitation of a historical resource, will be conducted in a manner consistent with the Secretary of the Interior’s Standards of the Office of Historic Preservation of the Department of Parks and Recreation, United States Secretary of the Interior’s Guidelines for Rehabilitation of Historic Properties, and the State Historical Building Code and will be subject to applicable City permitting requirements. Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.
Notice of this project was published in the Claremont Courier on August 28, 2026. Copies of this staff report have been sent to the applicant and other interested parties.
Submitted by: Reviewed by:
Brad Johnson Christopher Veirs
Community Development Director City Planner
Prepared by:
Daniel Kim
Assistant Planner
Attachments:
A - Draft APC Resolution
B - Draft Mills Act Contract
C - Estimated Tax Savings Calculation
D - Adopted Procedures for Review and Approval of Historic Property Contracts
E - Photo Survey
F - Improvement Plan
G - Historical Documents