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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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 1928 435 San Benito Ave ATTACHMENT 3 1956 435 San Benito Ave 1956 435 San Benito Ave This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 03/04/2020ATTACHMENT 6 This Page Intentionally Left Blank