Subject:
USE OF SETTLEMENT FUNDS FROM ILLEGAL
DEMOLITION OF FREDKIN’S MARKET AND THE RAGGIO HOUSE
COUNCIL DISTRICT: Citywide
The Historic Landmarks Commission and the Department of Planning, Building and Code Enforcement recommend that the City Council direct settlement funds from the illegal demolition of Fredkin’s Market (southeast corner of East Santa Clara Street and South 16th Street/District 3) and the Raggio House complex (11230 Monterey Road/District 2) to the historic preservation program. The Historic Landmarks Commission proposes to use the funds for several high priority preservation projects in the City.
BACKGROUND
At the June 15, 1999 City Council meeting Council adopted Resolution No. 68924 granting a modified Conditional Use Permit, incorporating the demolition and subsequent re-creation of the north and west facing walls of the former Fredkin’s Market, to allow a 15,000 square foot retail drug store at the southeast corner of E Santa Clara Street and South 16th Street. The modified Conditional Use Permit was issued due to the demolition without permits of the historic Fredkin’s Market.
A settlement fee of $90,000 was collected by the City for the loss of the building. A subcommittee of the Historic Landmarks Commission discussed use of the funds and recommended distributing $5,000 each to the Campus Community Association and the St. James/Julian Neighborhood Association for community activities. The remainder of the money, $80,000, was recommended to fund historic preservation activities in the City. At the time, several City Council members expressed an interest in targeting the money to historic preservation.
The Raggio House complex was demolished in late 1999 without a permit. In March 2001, the San Jose City Attorney’s office negotiated a Settlement Agreement with the landowner resulting in a $100,000 settlement paid to the City of San Jose. The Historic Landmarks Commission and the preservation community feel strongly that the money from the loss of these historic resources should be reprogrammed to preserve other important historic resources in the City.
In 1998 the City Council provided funding for a three-phased historic resources survey for the downtown area where a significant amount of development was anticipated in the coming years. Phase I was completed in September 2000 and covered the Downtown Core from Highway 87 on the west to the historic alignment of West Julian on the north, Fourth Street on the east and Interstate 280 on the south. More than 280 buildings were surveyed and over 140 were found to be eligible for the San Jose Historic Resources Inventory. The East Downtown Frame area constitutes Phase II of the survey project and is currently underway. The survey area reaches from Santa Clara on the north to Eleventh Street on the east, Interstate 280 on the south and Fourth Street on the west. Close to 400 buildings have been initially identified as potentially historic.
The need for citywide survey work cannot be stated strongly enough. The identification of historic resources is the basis for an effective and efficient historic preservation program. Surveys identify where historic resources are located so that they can be accounted for early on in the development process. Surveys also help to build neighborhood pride and establish the basis for landmark designations and economic incentive programs.
The Historic Landmarks Commission selected historic resource surveys a high priority in their 2000/2001 Work Plan and in the May 2001 meeting reaffirmed that priority. The Historic Landmarks Commission proposes to target the settlement funds toward survey work in the City, including a survey of resources in Coyote Valley. The remainder of the funds would be used to develop plaques recognizing important historic sites, the development of residential design guidelines for one or more historic neighborhoods and training for the Historic Landmarks Commission and City staff.
The potential use of the settlement funds was discussed at the May 2, 2001 Historic Landmarks Commission meeting. The above recommendations were generated at the meeting. The Preservation Action Council of San Jose has written a letter of support for the allocation of these funds toward historic preservation. A copy of the letter is attached.
The drafting of this memorandum was coordinated with the offices of Councilmembers Chavez and LeZotte.
JOSEPH HORWEDEL, Acting Director
Planning, Building and Code Enforcement