UPHOLD OUR HERITAGE v. TOWN OF WOODSIDE

Filed 1/10/06;  pub. order 2/7/06 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

            Disregarding multiple staff recommendations to the contrary, the Town of Woodside (Town) issued a permit to Steve Jobs authorizing the demolition of a mansion of historic significance to permit the construction of a smaller single family residence.  The Town council (Council), like the planning commission, found that the proposed alternatives to the demolition identified in an environmental impact report (EIR) are not feasible and that overriding considerations justify approval of a conditional demolition permit despite the adverse impact on the environment.  Upon a petition by respondent Uphold Our Heritage (Heritage), a private group of preservationists, the superior court concluded that these findings are not supported by substantial evidence and issued a writ of mandate directing the Town to set aside its approval of the demolition permit.  The Town and Jobs have jointly appealed.  We are not unsympathetic with the manner in which the Town has attempted to strike a balance between the competing interests in permitting the property owner to improve his property as he wishes and preserving as much of the historical resource as possible.  Nonetheless, based on our independent review of the administrative record, we must agree with the trial court that the Town's feasibility findings are not supported by substantial evidence.  We therefore shall affirm the judgment.

Factual and Procedural History

            In 1984, Jobs purchased a single family home, known as the Jackling House, in Woodside.  The two-story house is 17,250 square feet, has 30 rooms, 14 bedrooms and 13.5 bathrooms, and is situated on a site of approximately six acres on a rolling, forested landscape.  The mansion was built in 1925 for Daniel Jackling, who was a key figure in the American copper industry.  The house was designed by George Washington Smith, a leading architect in the Spanish Colonial Revival style in the United States and contains many unique copper fixtures reflective of Jackling's work in the mining industry.  

            Jobs lived in the house for approximately 10 years and then rented it to others for several years.  Since 2000 the house has been vacant and been permitted to deteriorate.  In February 2001, Jobs applied to the Town for a permit to demolish the house.  The Town consulted an expert who determined that the building qualifies as an â€