⌂ GRAHAM LARKIN

City of San Marino Landmark Designation

Eligibility

The process for registering landmarks in the City of San Marino is outlined in Section 23.18 of the City code. Properties designated on the National Register of Historic Places (NRHP) or the California Register of Historic Places (CRHP) are automatically designated as historic landmarks. There are also criteria for local designation, stating that to be eligible properties must either:

  • be associated or identified with important events or broad patterns of development that have made a significant contribution to the cultural, architectural, historical, and political heritage of the City, region, State, or Nation; or
  • be associated with an important person or persons who have made such a contribution; or
  • have architectural distinction according to certain parameters. They must also retain sufficient integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling and/or association.

All of these criteria are ultimately derived from the National Register for Historic Places, whose standards of proof are subject to stringent guidelines. To know whether your property is eligible for landmarking, be sure to engage a qualified historian.

Landmarking renders properties eligible for Mills Act tax incentives, described in the final section below.

Landmarking Procedure / Timeline

The City of San Marino’s City ordinance states that an application for historic landmark designation may be initiated by the “Council, commission, Director, or by the owners of the subject property,” and that “a third party who believes that a property or structure should be designated may submit a written request for the commission or Director to initiate an application.” The application itself must include “the written consent of the property owner(s) or authorized agent to the proposed historic landmark designation.”

Within forty five (45) days of when a designation application is deemed complete, the Director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the commission.

Mills Act Incentives
Introduction

For property owners, the main incentive for historic designation in San Marino is eligibility for Mills Act tax benefits. The Mills Act is a California state law that allows local governments to offer property tax relief to owners of qualified historic properties who agree to restore, maintain, and protect them, as specified in approved 10-year (minimum) contracts.

To qualify for Mills Act eligibility in San Marino, a property must be designated under at least one of the following registration programs, either individually or as a contributor to a historic district:

  • California Register of Historical Resources
  • City of San Marino Historic Landmark/Historic District Contributor
  • National Register of Historic Places

The purpose of the Mills Act program is for the funds saved in property taxes to be used for the exterior rehabilitation and maintenance of the historic property. All work on the properties must conform to the Secretary of the Interior’s Standards for Rehabilitation and the California Historical Building Code. The City will confirm owner compliance with the terms of their Mills Act Contract through annual reporting and inspection.

A Mills Act contract is executed for an initial term of 10 years. At the end of each year, the term is automatically extended by one year, thereby maintaining the 10-year term in perpetuity. If a property owner wishes to terminate the agreement, the contract would conclude at the end of the current 10-year period. Recently completed work (within the 12 months prior to application submittal) may be allowable as part of the rehabilitation/restoration/maintenance work plan. Owners who enter into a contract and do not rehabilitate or maintain the property are subject to the City cancelling the contract and the Los Angeles County Assessor collecting a penalty fee of 12.5% of the current fair market value of the property.

Who Benefits?

Participation in the Mills Act program is voluntary and is restricted to owners of designated historic properties. Property owners with comparatively low property taxes, such as those benefitting from Proposition 13 limits on assessed value change over time, will not likely benefit from a Mills Act contract because the assessed value under the Mills Act will likely be higher than the current base-year value of the property. In general, owners who benefit most from a Mills Act contract are those who have acquired their properties in the last 10 years.

Submission Deadlines

Mills Act applications are due by June 30 each year. Properties that are designated as historical resources at the local, state, and/or national levels are eligible for Mills Act contracts. Applicants who own properties not yet designated at the local, state, and/or national level may submit a City of San Marino Landmark application concurrent with their Mills Act application.

Applicants who own properties not yet designated may submit a City of San Marino Historic Landmark application concurrent with their Mills Act application. See the City of San Marino Preservation Ordinance, for further information on the local designation process.

Allowable Work Plan Items

The San Marino Mills Act Guidelines indicate that work plan items are typically restricted to work on the exterior of the property, systems of the building (such as plumbing, seismic reinforcement, or electrical work), and visible property grounds, including landscaping and hardscaping.

More specifically, the work plan may include such items as:

  • Building Systems, including seismic reinforcement, electrical and mechanical upgrades, plumbing work, and drainage/flood prevention
  • Windows and Doors, including replacement of incompatible replacement windows with period-appropriate windows (new or salvaged); replacement/removal of any inappropriate window screens or awnings that are visible from the public right-of-way; front door restoration/treatment, or replacement of an inappropriate front door with a period-appropriate door
  • Roofs, including repair to shingles, gutters and flashing, which should be original or equivalent in materials, configuration, size, pattern, color, texture, etc.;
  • Exterior Cladding and Stucco, which should be maintained in good condition with original or historically appropriate materials, textures, etc.;
  • Garages and Ancillary Buildings, which are often character-defining, and which should be maintained in design, material, and configuration;
  • Fencing and Garden Walls, the new contruction of which is generally discouraged, and which should complement the property and the surrounding neighborhood, using historically-compatible materials and finishes even on new fencing.
Other Incentives

Beyond Mills Act eligibility, there are other potential benefits to having a property formally assessed by a qualified historian. Uncovering the property’s story —including its architects, builders, occupants and renovation timeline, as revealed in a range of textual and visual records — can be helpful for:

  • Establishing historic significance for buildings of note, thereby facilitating heritage designation; access to preservation resources including restoration grants and tax incentives; and protection from unwanted alterations;
  • Guiding restoration efforts by ensuring that the materials, construction methods and style are historically appropriate, thus preserving the property’s character and maintaining or increasing its value;
  • Adding market value by demonstrating its association with significant people (e.g. architects, builders, owners, occupants) or events;
  • Legal and planning benefits including facilitation of zoning issues, building permits, or disputes about property modifications, especially in historic districts.

I’m a Pasadena-based architectural historian who has written hundreds of assessments for a wide variety of property owners throughout Los Angeles County.

If you own a property that is more than 50 years old, schedule a consultation to find out whether historic designation is right for you.

If any of these links are broken or incorrect, or if you would like to suggest other resources for preservation in San Marino, please let me know.

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