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HomeMy WebLinkAbout1998-11-23 City Council (17)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:NOVEMBER 23, 1998 CMR:450:98 ~ SUBJECT: JUANA BRIONES HOUSE UPDATE This is an informational report and no Council action is required. BACKGROUND At the November 16 regular City Council meeting, several members of the public inquired about the status of the Juana Briones House. Since these comments occurred under the oral communications portion of the City Council agenda, staff was directed to prepare a response for the next City Council meeting. DISCUSSION The owners of the Juana Briones House are currently subject to a Mills Act contract with the City of Palo Alto. Earlier this year, the property owners notified the City of their intention not to renew the contact which, therefore, will expire in January of 2009. More recently, the owners of the Juana Briones House made a formal application to demolish the structure. They were informed that the demolition permit could not be approved because the home was still under the provisions of the Mills Act contract and because the structure was also protected under the interim historic regulations and under the existing Historic Regulations. A letter to this effect was mailed to the property owners on November 9, 1998. This letter is attached for reference. As a result of this demolition request and other information relating to the condition of the home, Planning staff has requested that the City Attorney’s office review the Mills Act contract on this property as well as all other pertinent information contained in the City files regarding the history and condition of this house. Staff will report back to the Council once a full evaluation of the situation, including the legal obligations of the property owners and the City under the Mills Act contract, is completed. CMR:450:98 Page 1 of 2 ATTACHMENT Letter of November 9, 1998 to Jaim Nulman and Avelyn Welczer from George White, Planning Manager PREPARED BY: George White, Planning Manager DEPARTMENT HEAD REVIEW: ~ ~G. EDWARD GAWF Director of Planning and Community Environment CITY MANAGER APPROVAL: EMILY Assistant City Manager cc: Jaim Nulman and Avelyn Welczer CMR:450:98 Page 2 of 2 Cityof Palo Alto Departrtwnt oLfPIanning and Community Environment November 9, 1998 PlanningDMsion Jaim Nulman and Avelyn Welczer 4272 Suzanne Drive Pitlo Alto, Ca 94306 Subject: Demolition Permit Application for 4155 Old Adobe Road, Palo Alto Dear Mr. Nulman and Ms. Welczer, This letter is in response to your application for demolition permit submitted to the Building Division on October 16, 1998. This permit cannot be issued for the following reasons: 1. The subject address is listed as a Category 1 structure on the City Historic Building Inventor?’. As such, it is considered a "significant building" as defined in Section 16.49.030 of the Palo Alto Municipal Code (PAMC). The building is also a "Historic Landmark Residence" and is considered a protected residence under the Interim Historic Regulations, Section 16.50.020(e) of the PAMC. Pursuant to Sdction 16.50.030 of the same Interim Regulations, the demolitior; of protected residences is prohibited except upon the determination from the Historic Resources Board that the protected residence is without historic merit. 2. The propertT is also subject to the provisions a Historic Property Preservation Agreement effective January 26, 1988. Section 4(a) of this agreement stipulates that the" Owner shall preserve and maintain the historical structures and land as a qualified historic property". As long as this a~eement is in effect, demolition cannot be permitted. A notice of non-renewal was submitted to the CitT on November 14, 1997 which means that the Preservation Agreement will be in force until January 26, 2009. Since the demolition permit cannot be issued at this time, a refund will be processed for the submitted demolition fee minus an amount equal to the amount of the City’s cost in reviewing this application. 250 Hamilton Avenue P.O. Box lC?.50 Palo Alto, C4 94303 415.329.2441 415.329.0__2940 Fax