Item 5 - Staff Report and Attachments 1 to 6PREPARED BY: SAVANNAH VAN AKIN
Assistant Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MEETING DATE: 03/23/2022 ITEM NO: 5
DATE: March 18, 2022
TO: Historic Preservation Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request to Remove a Pre-1941 Property from the Historic
Resources Inventory for Property Zoned R-1D Located at 435 San Benito
Avenue. APN 410 17 053. PROPERTY OWNER/APPLICANT: James
Holtz/Sandra Paim. PROJECT PLANNER: Savannah Van Akin.
RECOMMENDATION:
Consider a request to remove a pre-1941 property from the Historic Resources Inventory for
Property Zoned R-1D located at 435 San Benito Avenue.
PROPERTY DETAILS:
1.Date primary structure was built: 1900 per County Assessor’s Database, with an effective
year-built date of 1922
2.Town of Los Gatos Historic Status Code: N/A
3.Does property have an LHP Overlay? No
4.Is structure in a historic district? No
5.If yes, is it a contributor? N/A
6.Findings required? Yes
7.Considerations required? No
DISCUSSION:
The applicant is requesting approval to remove the residence, constructed before 1941, from
the Historic Resources Inventory and has provided a written request (Attachment 1) and
research on the property (Attachment 2). The Santa Clara County Assessor’s Database lists a
construction date of 1920. The subject property is not covered by the 1990 Anne Bloomfield
Survey. The Sanborn Fire Insurance maps from 1928 through 1956 show a consistent location
for a single-story residence (Attachment 3).
PAGE 2 OF 3 SUBJECT: 435 San Benito Avenue DATE: March 18, 2022
DISCUSSION (continued):
An investigation of the Town’s permit records did not yield any permits for alterations to the
residence.
The applicant submitted a justification letter discussing a lack of historical significance and
architectural merit. New façade and entry elements can be seen when comparing the images
of the home in the late 70’s (Attachment 2) to the current site photos (Attachment 4). The
original front porch appears to have been filled in, however permits from this alteration could
not be identified. The Applicant has attached building permits related to this property
(Attachment 5). These permits include a reroof from 2003, a replaced sewer from 2012, and
another reroof from 2018. The Accessory structure seen on the Sanborn Maps (Attachment 3)
appears to have been altered from the 2020 site map (Attachment 6).
CONCLUSION:
The applicant requests to remove the structure from the Historic Resources Inventory. The
research on the property indicates that the residence has maintained a relatively consistent
footprint since 1928. The applicant has provided a justification letter, concluding that the
historic integrity has been compromised from a remodel done in the early 90’s. Town records
did not yield any permits for these alterations to the residence.
Should the Committee find that the structure does not have sufficient historic significance or
architectural merit, the structure would be removed from the Historic Resources Inventory and
any proposed work would not return to the Committee.
FINDINGS:
A.Findings - related to a request for a determination that a pre-1941 primary structure has no
historic significance or architectural merit.
In evaluating a request for a determination of historic significance or architectural merit,
the Historic Preservation Committee shall consider the following:
1.The structure is not associated with events that have made a significant contribution
to the Town;
2.No Significant persons are associated with the site;
3.There are no distinctive characteristics of type, period or method of construction or
representation of work of a master;
4.The structure does not yield information to Town history; or
5.The integrity has been compromised such that the structure no longer has the
potential to convey significance.
PAGE 3 OF 3 SUBJECT: 435 San Benito Avenue DATE: March 18, 2022
ATTACHMENTS:
1.Letter of Justification
2.Exterior Photos – Late 1970s
3.Sanborn Exhibit
4.Site Photos
5.Building Permit Records
6.Site Plan
PAGE 4 OF 4 SUBJECT: 435 San Benito Avenue DATE: March 18, 2022
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Office of Sandra Paim
Sandra Paim Architect
P.O. Box 2136
Los Gatos, CA 95031
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
March 9, 2022
RE: 435 San Benito Avenue
Removal from the historic inventory Outside of a Historic District; APN 410-17-053
Please accept our request to be placed on the HPC meeting agenda for March 23, 2022. We are
requesting removal from the historic inventory for a residence outside of a historic district, built in 1922 at
435 San Benito Avenue. The site is zoned R-1D and the building is currently used as a single-family
residence.
The building is a one story 1920’s Craftsman style with horizontal wood siding, wood trim and hipped roof.
The roof covering is asphalt shingle.
Based on my research (See worksheet attached), the building has no historical significance or
architectural merit for these reasons:
1.The structure is not associated with events that have made a significant contribution to the Town;
2.No significant persons are associated with the site;
3.There are no distinctive characteristics of type, period or method of construction or representation
of work by a master;
4.The structure does not yield information to Town history
5.The integrity has been compromised such that the structure no longer has the potential to convey
significance. See “EXISTING PHOTOS – FOR REF”
Photo 1: Front
Photo 2: Front – note large shed roof at 2nd story addition, right side; also note front porch
eliminated when home remodeled in the early 90’s and all new façade and entry,
according to current owner
Photo 3: Front- Left
Photo 4: (up close) Front – note difference in existing rustic OP siding on left side verses
smooth lap siding at remodeled front façade
Photo 5: (up close) Front
Photo 6: (Rear) Left
ATTACHMENT 1
Photo 7: (Rear) Left
Photo 8: Right
Photo 9: (Rear) Left
Thank you in advance for your consideration.
Sincerely,
Sandra Paim
Architect C-23944
ATTACHMENT 2
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1928
435 San Benito Ave
ATTACHMENT 3
1956
435 San Benito Ave
1956
435 San Benito Ave
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PHOTO#1 PHOTO#2 PHOTO#3
PHOTO#4 PHOTO#5 PHOTO#6
PHOTO#? PHOTO#8 PHOTO#9
CCS ARCHITECTURE
44 MCLEA COURT
SAN FRANCISCO
CALIFORNIA 947 03
tel 415 864 2800
fax 415 864 2850
v,J\Nvv. ccs-arch itecture. corn
PROJECT NAME
SAN BENITO
HOLTZ ADDITION
435 SAN BENITO
LOS GATOS, CA 95030
OWNER: Barbara Bowman + Jim Holtz
APN: 410 17 053
ISSUED DESCRIPTION
05.21.20 DEVELOPMENT REVIEW
SHEET TITLE
EXISTING PHOTOS
FILE 1.18387 - A 1.00.dwg
BY ccs
SCALE 3116"=1'
SHEET
A1.50
ATTACHMENT 4
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT
BUILDING PERMIT
Permit ID/Type:B18-0254 Residential - Reroof Applied:03/27/2018
Work Description:T/O (E) COMP R/R WITH COOL ROOF COMP 700
SF
Approved:
Status:Issued Issued:03/27/2018
Address:435 SAN BENITO AVE Expires:02/24/2019
Owner:HOLTZ JAMES;BOWMAN BARBARA TRUSTEE
435 SAN BENITO AVE
LOS GATOS CA, 95030
Phone:4083546970
Contractor:PETERSEN -DEAN INC
2228 JUNCTION AVE
SAN JOSE, CA, 95131
Phone:408-667-5465
License No.:468117
Job Value:$4,000.00 Buildings:1
Total Sq. Ft.:700 Houses:0
Building Use:Dwellings Census #:434
Occupancy Type:R-3.1 Construction Type:V-B
Total Fees $290.77
Total Payments $290.77
Balance Due $0.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code, and my license is in full force and effect.
License Class _______________Contractor License No. _________
Expiration Date ______________________ Contractor Signature _____________________
WORKERS' COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED
THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN
SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
I hereby affirm under penalty of perjury one of the following declarations:
____ I have and will maintain a certificate of consent to self-insure for workers' compensation, issued by the Director of Industrial
Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. Policy
No. ____________________
____ I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance
of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are:
Carrier ______________ Policy Number ____________ Expiration Date ___________
Name of Agent ________________ Phone # ________________
____ I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to
become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers'
compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
Signature of Applicant Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 5
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason(s) indicated below by
the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that
requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the
permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and
the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil
penalty of not more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees with wages as their sole compensation, will do (_) all of or (_) portions of the work,
and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors' State License
Law does not apply to an owner of property who, through employees' or personal effort, builds or improves the property, provided that
the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion,
the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.).
(_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business
and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon,
and who contracts for the projects with a licensed Contractor pursuant to the Contractors' State License Law.).
(_) I am exempt from licensure under the Contractors' State License Law for the following reason: _________________________
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior
to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner-builder if it has
not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the
Business and Professions Code, is available upon request when this application is submitted or at the following.
Web site:http://www.leginfo.ca.gov/calaw.html
Date _______________ Signature of Property Owner or Authorized agent___________________________________
DECLARATION REGARDING CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this
permit is issued (Section 8172, Civil Code).
Lender's Name __________________________________Lender's Address _______________________________
By my signature below, I certify to each of the following:
I am the property owner or authorized to act on the property owner's behalf. I have read this application and the information I have
provided is correct. I agree to comply with all applicable city and county ordinances and state laws relating to building construction. I
authorize representatives of this city or county to enter the above-identified property for inspection purposes.
Signature of Property Owner or Authorized Agent Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT
BUILDING PERMIT
Permit ID/Type:P12-103 Residential - Sewer Line Applied:08/27/2012
Work Description:REPLACE SEWER LINE AND INSTALL CLEANOUT
AT HOUSE AND PROPERTY LINE (WVSD 40565)
Approved:
Status:Finaled Issued:08/27/2012
Address:435 SAN BENITO AVE Expires:03/25/2013
Owner:HOLTZ JAMES;BOWMAN BARBARA TRUSTEE
435 SAN BENITO AVE
LOS GATOS CA, 95030
Phone:408-354-6970
Contractor:DBA $15 SEWER AND DRAIN SERVICE
P.O. BOX 26860
SAN JOSE, CA, 95159
Phone:408-995-6400
License No.:501065
Job Value:Buildings:1
Total Sq. Ft.:Houses:0
Building Use:Dwellings Census #:434
Occupancy Type:R-3 Construction Type:V-B
Total Fees $117.64
Total Payments $117.64
Balance Due $0.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code, and my license is in full force and effect.
License Class _______________ Contractor License No. _________
Expiration Date ______________________ Contractor Signature _____________________
WORKERS' COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED
THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN
SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
I hereby affirm under penalty of perjury one of the following declarations:
____ I have and will maintain a certificate of consent to self-insure for workers' compensation, issued by the Director of Industrial
Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. Policy
No. ____________________
____ I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance
of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are:
Carrier ______________ Policy Number ____________ Expiration Date ___________
Name of Agent ________________ Phone # ________________
____ I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to
become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers'
compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
Signature of Applicant Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason(s) indicated below by
the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that
requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the
permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and
the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil
penalty of not more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees with wages as their sole compensation, will do (_) all of or (_) portions of the work,
and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors' State License
Law does not apply to an owner of property who, through employees' or personal effort, builds or improves the property, provided that
the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion,
the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.).
(_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business
and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon,
and who contracts for the projects with a licensed Contractor pursuant to the Contractors' State License Law.).
(_) I am exempt from licensure under the Contractors' State License Law for the following reason: _________________________
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior
to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner-builder if it has
not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the
Business and Professions Code, is available upon request when this application is submitted or at the following.
Web site:http://www.leginfo.ca.gov/calaw.html
Date _______________ Signature of Property Owner or Authorized agent___________________________________
DECLARATION REGARDING CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this
permit is issued (Section 8172, Civil Code).
Lender's Name __________________________________Lender's Address _______________________________
By my signature below, I certify to each of the following:
I am the property owner or authorized to act on the property owner's behalf. I have read this application and the information I have
provided is correct. I agree to comply with all applicable city and county ordinances and state laws relating to building construction. I
authorize representatives of this city or county to enter the above-identified property for inspection purposes.
Signature of Property Owner or Authorized Agent Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT
BUILDING PERMIT
Permit ID/Type:B03-000239 Applied:04/16/2003
Work Description:T/O 3 LAYERS R/R 50YR COMP SHINGLES CLASS
A 1700 SF
Approved:
Status:Finaled Issued:04/16/2003
Address:435 SAN BENITO AVE Expires:08/20/2003
Owner:HOLTZ JAMES;BOWMAN BARBARA TRUSTEE
435 SAN BENITO AVE
LOS GATOS CA, 95030-5304
Phone:408-354-6970
Contractor:PETERSEN - DEAN INC.
7980 ENTERPRISE DR
, , 94560
Phone:(510) 494-9982
License No.:468117
Job Value:$4,250.00 Buildings:1
Total Sq. Ft.:0 Houses:0
Building Use:Census #:434
Occupancy Type:Construction Type:
Total Fees $173.90
Total Payments $173.90
Balance Due $0.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code, and my license is in full force and effect.
License Class _______________ Contractor License No. _________
Expiration Date ______________________ Contractor Signature _____________________
WORKERS' COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED
THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN
SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
I hereby affirm under penalty of perjury one of the following declarations:
____ I have and will maintain a certificate of consent to self-insure for workers' compensation, issued by the Director of Industrial
Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. Policy
No. ____________________
____ I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance
of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are:
Carrier ______________ Policy Number ____________ Expiration Date ___________
Name of Agent ________________ Phone # ________________
____ I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to
become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers'
compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
Signature of Applicant Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason(s) indicated below by
the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that
requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the
permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and
the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil
penalty of not more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees with wages as their sole compensation, will do (_) all of or (_) portions of the work,
and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors' State License
Law does not apply to an owner of property who, through employees' or personal effort, builds or improves the property, provided that
the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion,
the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.).
(_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business
and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon,
and who contracts for the projects with a licensed Contractor pursuant to the Contractors' State License Law.).
(_) I am exempt from licensure under the Contractors' State License Law for the following reason: _________________________
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior
to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner-builder if it has
not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the
Business and Professions Code, is available upon request when this application is submitted or at the following.
Web site:http://www.leginfo.ca.gov/calaw.html
Date _______________ Signature of Property Owner or Authorized agent___________________________________
DECLARATION REGARDING CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this
permit is issued (Section 8172, Civil Code).
Lender's Name __________________________________Lender's Address _______________________________
By my signature below, I certify to each of the following:
I am the property owner or authorized to act on the property owner's behalf. I have read this application and the information I have
provided is correct. I agree to comply with all applicable city and county ordinances and state laws relating to building construction. I
authorize representatives of this city or county to enter the above-identified property for inspection purposes.
Signature of Property Owner or Authorized Agent Date
Town of Los Gatos • Community Development • Building Division • 110 E. Main St., Los Gatos, CA 95031
408.354.6876 • www.losgatosca.gov • www.facebook.com/losgatosca
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03/04/2020ATTACHMENT 6
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