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Item 3.Staff Report with Exibits 1-8.301-309 NSC Ave - HPC Appeal PREPARED BY: RYAN SAFTY Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 01/11/2023 ITEM NO: 3 DATE: January 6, 2023 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider an Appeal of the Historic Preservation Committee Decision to Deny the Removal of a Presumptive Historic Property (Pre-1941) from the Historic Resources Inventory on Property Zoned C-2. Located at 301-307 N. Santa Cruz Avenue. Request for Review PHST-22-020. APN 510-14-048. Property Owner/Applicant/Appellant: Mike Millen. Project Planner: Ryan Safty. RECOMMENDATION: Deny the appeal of the Historic Preservation Committee decision to deny the removal of a presumptive historic property (pre-1941) from the Historic Resources Inventory on property zoned C-2, located at 301-307 N. Santa Cruz Avenue. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: C-2 Applicable Plans & Standards: General Plan, Commercial Design Guidelines Parcel Size: 21,000 square feet Surrounding Area: Existing Land Use General Plan Zoning North Commercial Central Business District C-2 South Commercial Central Business District C-2 East Commercial Central Business District C-2 West Commercial Central Business District C-2 PAGE 2 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx CEQA: The request to remove the property from the Historic Resources Inventory is not considered a project under the California Environmental Quality Act. FINDINGS:  As required to remove a pre-1941 property from the Historic Resources Inventory. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is located at the northwest corner of Bachman Avenue and N. Santa Cruz Avenue (Exhibit 1). The property contains five existing primary buildings: 208 Bachman Avenue (old location of CB Hannegans); and 301, 303, 305, and 307 N. Santa Cruz Avenue. The structure at 208 Bachman Avenue was removed from the Historic Resources Inventory (HRI) by the Town Council in 1996. On October 18, 2022, the property owner submitted materials requesting that the Historic Preservation Committee (HPC) formally remove the primary buildings on the site from the HRI due to a lack of historic significance and loss of integrity resulting from previous modifications and additions (Exhibit 3, Attachment 4). On November 16, 2022, the HPC considered the property owner’s request, including the letter of justification, research materials, and site photographs of the subject property (Exhibit 3, Attachment 4). The HPC approved the removal of 301 N. Santa Cruz from the HRI, but denied the removal of the primary buildings at 303, 305, and 307 N. Santa Cruz Avenue from the HRI (Exhibits 3, 4, and 5). On November 18, 2022, the property owner appealed the decision of the HPC to the Planning Commission (Exhibit 6). The property owner indicated that the information provided to the HPC proved that the buildings at 303, 305, and 307 N. Santa Cruz Avenue are not historic and must be removed from the HRI. Pursuant to Section 29.20.258 of the Town Code, the decision of the HPC may be appealed to the Planning Commission by any interested party as defined by Section 29.10.020 within 10 days of the decision. PAGE 3 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx BACKGROUND (continued): For non-residential and mixed-use projects an interested person is defined as, “any person or persons or entity or entities who can demonstrate that their property will be injured by the decision.” The appellant meets the requirements. Pursuant to Town Code Section 29.20.265, the appeal shall be set for the first regular meeting of the Planning Commission in which the business of Planning Commission will permit, more than five (5) days after the date of filing the appeal. The Planning Commission may hear the matter anew and render a new decision on the matter. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located at the northwest corner of Bachman Avenue and N. Santa Cruz Avenue (Exhibit 1). The surrounding properties are zoned C-2 with commercial uses. B. Project Summary The property owner is appealing the HPC decision to deny a request to remove the subject presumptive historic property (pre-1941) from the HRI. DISCUSSION: A. Removal from the Historic Resources Inventory Town Code Section 29.10.020 defines “Historic Structure” and includes, “Any primary structure constructed prior to 1941, unless the deciding body has determined that the structure has no historic significance and should not be included in the Town Historic Resources Inventory.” The property owner is requesting approval to remove the subject presumptive historic property (pre-1941) from the HRI. The property owner provided a Letter of Justification, research materials, and site photographs of the subject property within their submittal (Exhibit 3, Attachment 4). PAGE 4 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx DISCUSSION (continued): Pursuant to Town Code Section 29.80.215, the purpose of the Town’s Historic Preservation Ordinance states: It is hereby found that structures, sites, and areas of special character or special historical, architectural, or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety, and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites, and areas. The purpose of historic preservation is to promote the health, safety, and general welfare of the public through: 1) The protection, enhancement, perpetuation, and use of structures, sites, and areas that are reminders of past eras, events, and persons important in local, State, or National history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. When considering a request for a determination that a pre-1941 primary structure has no historic significance or architectural merit the HPC considers the following findings: 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 5 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx DISCUSSION (continued): B. Historic Preservation Committee On November 16, 2022, the HPC received the staff report (Exhibit 3), opened the meeting, and considered testimony from the property owner (Exhibit 4). After asking questions of the property owner, the HPC closed the public hearing and discussed the project. The HPC voted unanimously (5-0) to deny the overall request to remove the entire property from the HRI; however, within the motion, the HPC confirmed the previous Town Council decision to remove 208 Bachman Avenue from the HRI and approved of the removal of 301 N. Santa Cruz Avenue from the HRI. The primary buildings at 303, 305, and 307 N. Santa Cruz Avenue were not removed. C. Appeal to Planning Commission The decision of the HPC was appealed on November 18, 2022, by the property owner, Mike Millen (Exhibit 6). Per the property owner, the appeal should be granted for the four following reasons. The four points made in the appeal are followed by staff analysis in italic font. 1. Appellant: 305 N. Santa Cruz Avenue was constructed in 1956 and must be removed because it is post-1941. At the November 16, 2022, HPC meeting, the HPC noted that the structures at 301 and 305 (formerly 303) no longer have historical significance (Exhibit 4). The letter of justification and historic research (Exhibit 3, Attachment 4) states that the structure originally built at 305 N. Santa Cruz Avenue was substantially changed in the 1960s. The original building at 305 N. Santa Cruz Avenue, which is now called 303 N. Santa Cruz Avenue, currently adjoins the corner building at 301 N. Santa Cruz Avenue, and both the left and right walls of the building no longer exist in their original form as those walls have been made into party walls with the adjoining buildings. The building permit records presented to the HPC (Exhibit 3, Attachment 3) show that a building at 305 ½ N. Santa Cruz Avenue was built in 1956. Town records only included the building permit and no plans, so it is not clear what was built in 1956 as the 305 ½ address does not currently exist. The Town’s 1990 Anne Bloomfield Survey notes the building at 305 N. Santa Cruz Avenue had been altered and gave the structure a historic status code of “historic and some altered but still contributor to district if there is one.” PAGE 6 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx DISCUSSION (continued): Lastly, the current building footprint at 305 N. Santa Cruz Avenue does not match the 1928 Sanborn Map. The Town prepared an exhibit comparing the footprints from the 1928 Sanborn Map (last edition prior to 1941) and a building permit from 2013 (Exhibit 7). Comparing 1928 footprints to 2013 footprints, the building at 305 N. Santa Cruz has been extensively altered over the years. Additionally, staff analyzed aerial photography for the site from 1931, 1948, and 1968 (Exhibit 8). Exhibit 8 shows that the building footprints along N. Santa Cruz Avenue were separated in 1931 and remained separated through 1948 (following the 1941 HRI cut-off), and then appear to have been combined by the 1968 aerial. 2. Appellant: The integrity of 303 and 307 N. Santa Cruz Avenue are such that the structures no longer have the potential to convey significance. At the November 16, 2022, HPC meeting, the HPC noted that the structures at 303 and 307 still have historical significance (Exhibit 4). As noted in Exhibit 3, the 1990 Anne Bloomfield Survey notes that both 303 and 307 N. Santa Cruz Avenue are “intact” with a Town of Los Gatos Historic Status Code of “historic and intact or worthy of special note.” Building Permit records for 303 and 307 N. Santa Cruz Avenue show interior remodels and minor exterior alterations; meanwhile, Exhibits 7 and 8 show that the building footprints of 301-307 N. Santa Cruz Avenue were significantly altered sometime between 1928 and 2013. 3. Appellant: The structures are not associated with significant events, persons, types, periods, construction methods, or master work. Pursuant to Town Code Section 29.80.215, there are five findings for the HPC to consider when reviewing HRI removal requests (listed above in Section A of this report). The appellant claims that findings 1, 2, and 3 can be made, but did not mention findings 4 (Town history) and 5 (historic integrity). The HPC members commented that 301 and 305 N. Santa Cruz Avenue no longer have historic significance, although only 301 N. Santa Cruz was removed from the HRI. The HPC determined that the structures at 303 and 307 N. Santa Cruz Avenue still have historic significance (Exhibit 4). PAGE 7 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx DISCUSSION (continued): 4. Appellant: Anne Bloomfield and Town staff previously decided that the buildings are not worthy of inclusion in the inventory. The 1990 Anne Bloomfield Survey (Exhibit 3, Attachment 2) includes 208 Bachman Avenue, and 301, 303, 305, and 307 N. Santa Cruz Avenue. The 1990 Anne Bloomfield survey does not determine whether or not a property or structure is historic and should be included in the HRI; instead, the survey identified potentially historic properties within the Town and provided an analysis on the status of each structure. This survey is used by the Town’s deciding bodies to help determine if a property or structure should be included in the HRI. For the buildings fronting N. Santa Cruz Avenue (301-307), the HRI evaluation sheet within the survey noted that the cumulative rating of these buildings, “appears ineligible for designation because newer than 1941.” The individual structures at 301 and 305 N. Santa Cruz Avenue are noted to have been altered with a historic status code of “historic and some altered but still contributor to district if there is one;” however, the structures at 303 and 307 N. Santa Cruz Avenue are noted to be intact with a historic status code of “historic and intact or worthy of special note.” PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 300 feet of the subject property. At the time of this report’s preparation, the Town has not received any public comment. ENVIRONMENTAL REVIEW: The request to remove the property from the HRI is not considered a project under the California Environmental Quality Act. CONCLUSION: A. Summary The property owner is requesting that the Planning Commission reconsider the HPC decision to deny the removal of the presumptive historic property (pre-1941) from the HRI. PAGE 8 OF 8 SUBJECT: 301-307 N. Santa Cruz Avenue/Appeal of a Historic Preservation Committee Decision on PHST-22-020 DATE: January 6, 2023 S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\Item 3 - 301-307 N. Santa Cruz Ave - HPC Appeal\Staff Report.301-307 N. Santa Cruz Ave.docx CONCLUSION (continued): B. Recommendation For reasons stated in this report, it is recommended that the Planning Commission deny the appeal and uphold the decision of the HPC to deny the removal of the presumptive historic property (pre-1941) from the HRI. C. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; 2. Grant the appeal and remove the subject property from the HRI, making one or more of the findings provided in Exhibit 2; or 3. Remand the appeal to the HPC with specific direction. EXHIBITS: 1. Location Map 2. Required Findings 3. Historic Preservation Committee Staff Report and Attachments, November 16, 2022 4. Historic Preservation Committee Meeting Minutes for November 16, 2022 5. Historic Preservation Committee Action Letter, November 16, 2022 6. Appeal of the Historic Preservation Committee, received November 18, 2022 7. Historic Building Footprint Comparisons 8. Historic Aerial Photographs TAIT AVBA C H M A N A V N SANTA CRUZ AVWILDER AVUNIVERSITY AVVICTORY LNAL M E N D R A A V VILLAGE LNEDELEN AVBENT L E Y A V BOYE R L N PETT I C O A T L N 301-307 N. Santa Cruz Ave 0 0.250.125 Miles ° Update Notes: - Updated 12/20/17 to link to tlg-sql12 server data (sm) - Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label - Updated 10/8/20 to add street centerlines which can be useful in the hillside area - Updated 02-19-21 to link to TLG-SQL17 database (sm) EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION – January 11, 2023 REQUIRED FINDINGS FOR: 301-307 N. Santa Cruz Avenue Request for Review PHST-22-020 Consider an Appeal of the Historic Preservation Committee Decision to Deny the Removal of a Presumptive Historic Property (Pre-1941) from the Historic Resources Inventory on Property Zoned C-2. APN 510-14-048. PROPERTY OWNER/APPLICANT/APPELLANT: Mike Millen FINDINGS Required findings to determine that a pre-1941 structure has no significant or architectural merit: ■ As required for a determination that a pre-1941 primary structure has no historic significance or architectural merit: 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. S:\PLANNING COMMISSION REPORTS\2023\01-11-2023\301-307 N. SANTA CRUZ AVE - HPC APPEAL\EXHIBIT 2 - REQUIRED FINDINGS.DOCX EXHIBIT 2 This Page Intentionally Left Blank 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS HISTORIC PRESERVATION COMMITTEE REPORT MINUTES OF THE HISTORIC PRESERVATION COMMITTEE SPECIAL MEETING NOVEMBER 16, 2022 The Historic Preservation Committee of the Town of Los Gatos conducted a Regular Meeting on November 16, 2022 at 3:00 p.m. This meeting This meeting is being conducted utilizing teleconferencing and electronic means consistent with Town Council Policy 2-01 entitled Town Agenda Format and Rules and Town Resolution. In accordance with Town Policy and Resolution, the public may only view the meeting online and not in the Council Chamber. MEETING CALLED TO ORDER AT 3:00 PM ROLL CALL Present: Chair Timothy Lundell, Vice Chair Barry Cheskin, Planning Commissioner Kylie Clark, Planning Commissioner Steve Raspe, and Committee Member Susan Burnett. Absent: None. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1.Approval of Minutes – October 26, 2022 MOTION: Motion by Commissioner Raspe to approve the Consent Calendar. Seconded by Chair Lundell. VOTE: Motion passed unanimously. EXHIBIT 4 PAGE 2 OF 5 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE SPECIAL MEETING OF NOVEMBER 16, 2022 PUBLIC HEARINGS 2. 301-307 N. Santa Cruz Avenue Request for Review PHST-22-020 Consider a Request to Remove a Pre-1941 Property from the Historic Resources Inventory for Property Zoned C-2. Located at 301-307 N. Santa Cruz Avenue. APN 510-14-048. PROPERTY OWNER: Millen Family Partnership, LP APPLICANT: Mike Millen PROJECT PLANNER: Ryan Safty Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Applicant presented the project. Mike Millen, Applicant - He is the owner, speaking on behalf of the family. Their parents bought the property in the 70’s. They want to make the parcel vibrant again. Architects ask if they can design something new, or if they must keep certain items to make it conform. - Some of the addresses are post-1941 and do not need to be considered. - The address at 208 Bachman had gone before the Town Council. They determined it had lost any historical integrity. - The address at 307 has changed from thirty to forty feet long. Windows and chimneys were removed. The buildings are now adjoined with party walls. - Some of the address numbers have changed over the years; 305 is now 303. - The Bloomfield Survey states too many changes. Committee members asked questions of the applicant. Mike Millen, Applicant - They need all four buildings on the parcel removed from the inventory for complete design freedom. - They found the 1990 Bloomfield Survey inconsistent. It stated that 301 and 305 were altered and 303 and 307 were intact. But cumulative rating stated that everything is ineligible. Closed Public Comment. Committee members discussed the matter. PAGE 3 OF 5 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE SPECIAL MEETING OF NOVEMBER 16, 2022 • The Commercial Business District is important. The structure at 208 was removed from the inventory. 301 and 305 (formerly 303) no longer have historical significance. • Originally each address had separate owners and should be separately evaluated. • The Ann Bloomfield evaluation sheet included all four buildings. The summary stated that they were a good representation of the Spanish Colonial or Mediterranean style. Scaling and massing was very important for the small shop scale. • Bloomfield ranked the property with 34 points: 12 out of 12 for scaling and massing, 12 for design, 8 for pattern, 4 for architecture, 6 for total type, style and construction, and 4 for setting. Two of the buildings merit staying in the Historic Inventory. • In both the 2020 and 2040 General Plan guidelines, the goal is to maintain the historic character of the downtown area. The Land Use Element refers to the downtown as the historic heart of the town and has implementation plans. • Structures at 303 and 307 still have historic significance. Committee members asked questions of Staff. Staff - The primary date of 1900 is used as a filler date when the actual build date is unknown. The effective date reflects when known major reconstruction has taken place. Committee members asked questions of the applicant. Mike Millen, Applicant - The Hannigan’s site was removed from the historic Inventory by the Town Council. Mike was young but, remembers this story. In the early 90’s, the restaurant received complaints about excessive noise from their patio. They installed plexiglass barriers to keep the noise level down. But they did not have a permit. The matter came before the Town Council who removed it from the Historic Resources Inventory because there was no historic significance. Mike does not know why it did not go before the Historic Preservation Committee. Committee members asked questions of Staff. Staff - In order to be fair and consistent, the determination needs to be based on the findings listed in the staff report. Committee members discussed the matter. • Two of the structures have undergone alterations but retain a large portion of original and distinctive characteristics. PAGE 4 OF 5 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE SPECIAL MEETING OF NOVEMBER 16, 2022 • The 301 building is a newer with no historic characteristics. • Item 3 finding: No distinctive characteristic of type, period or method of construction representation of work of a master. In 1990, Bloomfield claimed it that the 303 building still has characteristics. • We are lumping four ideas into one basket. 301 is obviously yes, take it off. Most of the changes occurred before that 1990 Bloomfield Survey. Changes and modification were done to the other structures, but they still retain original characteristics. But Sanborn lumped all the structures in one. • We still have the discretion to separate the structures. • Some of the buildings were built before 1941. Revisions were made but they retain some pre 1941 characteristics. • How much was changed in each building? Can the applicant give clear evidence? The evidence in the packet is muddled. • Agree that 301 can be removed • When we remove from structures from the inventory it is very clear cut. But not in this case. Two buildings look Mediterranean or Spanish colonial. The facades look good and are not falling down. They are right behind the Almond Grove Historic district. Staff: - Can continue and ask for more information from the applicant. They did extensive research. If there’s no additional information, then there is no need to continue. Committee members asked questions of the applicant. Mike Millen, Applicant - They spent hours in the library, going through photos, phone directories and insurance maps. The material determined what existed commercially, except for 301 which was a residence running a tea house. Committee members discussed the matter. • Cannot let all four addresses be removed based on what we know now. • Applicant could reapply with clear evidence of severe alteration for each address. • No prejudice to applicant if part of the application is denied. Staff - 208 Bachman has no historic merit and would not return to the Committee. 301 N. Santa Cruz Avenue, too, does not need to come back to the Committee. Modification to the other building on the site would be reviewed consistent with other historic properties in Town. PAGE 5 OF 5 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE SPECIAL MEETING OF NOVEMBER 16, 2022 The parcel would be removed from the Historic Resources Inventory, but with certain addresses staying historic. MOTION: Motion by Chair Lundell to approve the removal of the structure located at 301 North Santa Cruz Avenue from the Historic Resources Inventory but deny without prejudice the removal of the other structures on that property (addressed as 303, 305, and 307 N. Santa Cruz Avenue). Seconded by Member Burnett. VOTE: Motion passed unanimously. Appeal rights were recited. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) None. ADJOURNMENT The meeting adjourned at 3:56 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the November 16, 2022 meeting as approved by the Historic Preservation Committee. /s/ Jennifer Armer, AICP, Planning Manager This Page Intentionally Left Blank TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (408) 354-6872 Fax (408) 354-7593 November 17, 2022 Mike Millen 204 Bachman Avenue Los Gatos, CA 95030 Via email RE: 301-307 N. Santa Cruz Avenue Consider a Request to Remove a Pre-1941 Property from the Historic Resources Inventory for Property Zoned C-2. APN 510-14-048. Request for Review Application PHST-22-020. PROPERTY OWNER: Millen Family Partnership, LP APPLICANT: Mike Millen PROJECT PLANNER: Ryan Safty. On November 16, 2022, the Los Gatos Historic Preservation Committee approved the removal of the building addressed as 301 N. Santa Cruz Avenue (located on the corner of N. Santa Cruz and Bachman Avenues) from the Historic Resources Inventory (HRI) and denied without prejudice the removal of the buildings addressed as 303, 305, and 307 N. Santa Cruz Avenue (located northeast of the building addressed as 301 N. Santa Cruz Avenue). The building addressed as 301 N. Santa Cruz Avenue is no longer under the purview of the Historic Preservation Committee, along with 204 and 208 Bachman Avenue previously determined by the Town Council to have lost historic integrity. The property remains on the HRI and any proposed exterior alterations to the buildings that remain on the HRI may require review by the Historic Preservation Committee. PLEASE NOTE: Pursuant to Sections 29.20.258 and 29.20.260 of the Town Code, this approval may be appealed to the Planning Commission within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed. CIVIC CENTER 110 E. MAIN STREET LOS GATOS, CA 95030 EXHIBIT 5 If you have any questions, I can be contacted by phone at (408) 354-6802 or by email at RSafty@losgatosca.gov. Sincerely, Ryan Safty, Associate Planner p.p. Sean Mullin, AICP, Senior Planner N:\DEV\HISTORIC PRESERVATION\HPC Action Letters\2022\Santa Cruz N, 301 - Action Letter - 11-16-22.docx N:\DEV\FORMS\Planning\2022-23 Forms\Appeals - Done\Appeal - HPC.docx 02/22/22 TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT 110 E. Main Street Los Gatos, CA 95030 APPEAL OF THE DECISION OF HISTORIC PRESERVATION COMMITTEE PLEASE TYPE or PRINT NEATLY I, the undersigned, do hereby appeal a decision of the HISTORIC PRESERVATION COMMITTEE as follows: DATE OF DECISION: ___________________________________ PROJECT/APPLICATION: ___________________________________ LOCATION: ___________________________________ Pursuant to the Town Code, any interested person as defined in Section 29.10.020 may appeal to the Planning Commission any decision of the Historic Preservation Committee. Interested person means: 1.Residential projects. Any person or persons or entity or entities who own property or reside within 1,000 feet of a property for which a decision has been rendered, and can demonstrate that their property will be injured by the decision. 2.Non-residential and mixed-use projects. Any person or persons or entity or entities who can demonstrate that their property will be injured by the decision. IMPORTANT: 1. Appeal must be filed not more than ten (10) days after the decision is rendered by the Historic Preservation Committee. If the tenth (10th) day is a Saturday, Sunday, or Town holiday, then the appeal may be filed on the workday immediately following the tenth (10th) day, usually a Monday. Appeals are due by 4:00 P.M. 2. The appeal shall be set for the first regular meeting of the Planning Commission which the business of the Planning Commission will permit, more than five (5) after the date of the filing of the appeal. The Planning Commission may hear the matter a new and render a new decision in the matter. 3. You will be notified, in writing, of the appeal date. 4. Contact the project planner to determine what material is required to be submitted for the public hearing. RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT PRINT NAME: ______________________________ SIGNATURE: ____________________________________ DATE: ____________________________________ ADDRESS: ______________________________________ PHONE: __________________________________ EMAIL: ________________________________________ ****************************************************************************** OFFICE USE ONLY DATE OF PLANNING COMMISSION HEARING: _________________________ COMMISSION ACTION: 1.DATE: 2.DATE: 3.DATE: No Appeal Fee for the decision by the Historic Preservation Committee. 4) Anne Bloomfield and Town staff previously decided that the buildings are not worthy of inclusion in the inventory        LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:                 -                                                EXHIBIT 6 This Page Intentionally Left Blank 1928 Sanborn Map 2013 Building Permit 1928 Sanborn Building Footprints BACHMAN AVENUE BACHMAN AVENUE EXHIBIT 7 This Page Intentionally Left Blank 1948 1931 2013 Building Permit 1968 1948 Source: UC Santa Barbara Map and Imagery Library EXHIBIT 8 This Page Intentionally Left Blank