Item 2 - Staff Report and Attachments 1 to 6 (PDF)
PREPARED BY: SEAN MULLIN, AICP
Senior 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: 05/24/2023 ITEM NO: 2
DATE: May 19, 2023
TO: Historic Preservation Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Demolition of an Accessory Dwelling Unit Located in the
Broadway Historic District on Property Zoned R-1D:LHP. Located at 45
Broadway. APN 510-45-057. Minor Development in a Historic District
Application HS-23-010. Categorically Exempt Pursuant to CEQA Guidelines
Section 15301: Existing Facilities. Property Owner: Brad and Lori Forcier.
Applicant: Jay Plett, Architect. Project Planner: Sean Mullin.
RECOMMENDATION:
Requesting approval for demolition of an accessory dwelling unit (ADU) located in the
Broadway Historic District on Property Zoned R-1D:LHP.
PROPERTY DETAILS:
1. Date primary structure was built: 1875 per County Assessor’s Database; 1870s per Anne
Bloomfield Survey
2. Town of Los Gatos Historic Status Code (residence): “+”, preliminary rating of “historic and
intact or worthy of special note
3. Does property have an LHP Overlay? Yes
4. Is structure in a historic district? Yes, Broadway Historic District
5. If yes, is it a contributor? Yes
6. Findings required? Yes
7. Considerations required? No
BACKGROUND:
The property is located south side of Broadway, west of S. Santa Cruz Avenue. The property is
developed with a single-family residence, detached garage, and an ADU, for which a secondary
dwelling permit was issued in 1990. The County Assessor indicates that the
PAGE 2 OF 3 SUBJECT: 45 Broadway/HS-23-010 DATE: May 19, 2023
N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2023\05-24-23\Item 2 - 45 Broadway\Staff Report.Broadway, 45.docx
BACKGROUND (continued):
residence located at 45 Broadway was constructed in 1875 and the 1991 Bloomfield Survey
estimates the construction date as the 1870s (Attachment 1). In 2015, the Committee
reviewed a proposal to relocate the residence and construct additions to the second story
exceeding 100 square feet. The Committee recommended approval of this project and the
Town approved the application in 2015, with the work being completed by 2019. During the
April 22, 2015, review of the project, the applicant presented some changes proposed for the
existing ADU (referred to as “cottage”) and mentioned that the ADU was not historic and was
built in a different era than the residence (Attachment 2). The Sanborn Fire Insurance Maps
show that prior to 1928, two accessory structures were located on the property in different
locations than the existing structures (Attachment 3). The ADU appears in its present location
on the 1944 map, suggesting that the previous accessory structures were removed/destroyed
and the current ADU was constructed between 1928 and 1944.
DISCUSSION:
The applicant requests approval to demolish the existing ADU, indicating in their letter that a
future ADU would be constructed on the property (Attachment 4). The letter also indicates
that previous alterations to the front elevation have already resulted in a technical demolition.
The alterations to the front elevation are evidence by misaligned siding and seams suggesting
infill of previous locations of doors and windows. Additionally, the applicant provided a
structural and life/safety deficiency letter indicating that the poor condition and substandard
construction of the structure have rendered it unsafe for habitation (Attachment 5). In March
2023, the Town’s Chief Building Official (CBO) and Planning staff inspected the structure. The
CBO found that the structure’s condition is substandard but does not rise to the level of
“uninhabitable,” or posing an imminent threat to life and safety. The Town acknowledges that
the structure is in poor condition and would require significant work to meet today’s
construction standards.
FINDINGS:
A. Findings for Demolition
Sec. 29.10.09030
In evaluating applications for demolition, the deciding body shall consider:
(1) Maintenance the Town's housing stock.
(2) Preservation of historically or architecturally significant buildings or structures.
(3) Property owner's desire or capacity to maintain the structure.
(4) Economic utility of the building or structure.
PAGE 3 OF 3 SUBJECT: 45 Broadway/HS-23-010 DATE: May 19, 2023
N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2023\05-24-23\Item 2 - 45 Broadway\Staff Report.Broadway, 45.docx
CONCLUSION:
The applicant is requesting approval for demolition of the existing ADU located in the Broadway
Historic District. An application for construction of a new ADU would not return to the
Committee consistent with State law.
ATTACHMENTS:
1. Anne Bloomfield Survey
2. April 22, 2015, Historic Preservation Committee Minutes
3. Sanborn Map Exhibit
4. Letter of Justification
5. Structural Condition Letter
6. Photos
This Page
Intentionally
Left Blank
ATTACHMENT 2
1891
45 Broadway
ATTACHMENT 3
1895
45 Broadway
1904
45 Broadway
1908
45 Broadway
1928
45 Broadway
1944
45 Broadway
1956
45 Broadway
This Page
Intentionally
Left Blank
JA/FLEET
Forcier45 BroadwayLos Gatos, CA 95030
PROJECT DESCRIPTION
TO: Town of Los GatosFROM: Jay Plett Architect
The structure is not visible from the street - refer to attached photos.
This structure was brought before the HPC on 4.22.15 for cosmetic enhancement while the main home was being remodeled. The HPC found the structure to exist in a technically demolished state as the Front Elevation has been demolished by at least 33% (25% being the max allowable threshold). The attached Demo Elevation that was presented to the HPC illustrates this. However, the owners were not able to proceed at that time.
Along with the Existing Demo Elevation we have attached a structural and life safety deficiency letter – the structure is not safe, nor habitable – there is no heat, no hot water and the windows are non-operable. This structure would need to be demolished in order to be brought up to code and safety.
We would like approval to demolish the existing accessory structure and build a new ADU in compliance with all applicable building codes for life safety and Town Ordinances.
Best Regards,
Jay Plett Architect
ATTACHMENT 4
This Page
Intentionally
Left Blank
45 Broadway accessory structure
General structural condition:
The structure is approximately 230 sq. feet. The structure has a toilet, sink and shower. The
structure sits on wooden posts that sit directly on the dirt below. There is no supporting concrete
perimeter or footing piers for the wooden posts. In the wintertime, water intrudes into the crawl
space. Exterior walls are single wall construction. The front facing windows are not operable and
therefore cannot be open or closed for ventilation. The building has no heat or cooling and is not
adequately sealed from the elements. We therefore must contend with moisture and mold.
Structural use:
The structure has limited use. Given there is no heat, or way to ventilate, it is often incredibly
cold in the winter months and unbearably hot in the summer. We would need to run multiple
fans or space heaters to make the environment tolerable. The bathroom and sink only offer cold
water sources. The bathroom itself is 3ft wide, with no sink, no ventilation, a single electrical
outlet and a shower frame that is damaged and not functional.
Rental/ADU potential:
The structure does not meet the definition of an ADU. The unit has no kitchen, no heat source,
no hot water, and a bathroom without a sink. We have never rented this structure in the time we
have been owners of 45 Broadway. If the previous owners rented this space, the renters must
have brought their own space heater and microwave/hot plate if they cooked at all in the space.
Unsafe and unfit for human occupancy:
Given the single wall construction, studs (if any) on edge, no insulation and lack of adequate
footing and temperature climate, this structure is unsafe to use for anything other than storage of
items that can be stored without concern for moisture damage.
Please refer to the attached photos.
The structure's foundation consists of wood posts in direct contact with the ground that will
continue to rot. There is no concrete foundation of any kind. The bathroom has an unfinished
plywood floor with gaps open to the crawlspace below. The stagnant air from the crawlspace
moves freely into the bathroom and has resulted in mold, mildew, unhealthy air quality and
odor.
ATTACHMENT 5
il I Iu
ATTACHMENT 6