Staff Report with Attachments 1 through 6
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: 12/20/2023 ITEM NO: 3
DATE: December 15, 2023
TO: Historic Preservation Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Technical Demolition of a Contributing Single-Family
Residence and Construction of a New Single-Family Residence to Exceed the
Floor Area Ratio (FAR) Standards and Requiring a Variance to Side Yard
Setback Requirements Located in the Almond Grove Historic District on
Property Zoned R-1D:LHP. Located at 123 Wilder Avenue. APN 510-18-008.
Architecture and Site Application S-23-039. Categorically Exempt Pursuant to
CEQA Guidelines Section 15301: Existing Facilities. Property Owner: Bogusla
Marcinkowski and Brygida Sas-Marcinkowski. Applicant: Jose De La O.
Project Planner: Sean Mullin.
RECOMMENDATION:
Requesting approval for technical demolition of a contributing single-family residence and
construction of a new single-family residence to exceed the floor area ratio (FAR) standards and
requiring a Variance to side yard setback requirements located in the Almond Grove Historic
District on property zoned R-1D:LHP located at 123 Wilder Avenue.
PROPERTY DETAILS:
1. Date primary structure was built: 1900 per County Assessor's Database, with an effective
year built date of 1970; 1910s per Anne Bloomfield Survey
2. Town of Los Gatos Historic Status Code: +- Historic and Intact or worthy of special note
3. Does property have an LHP Overlay? Yes
4. Is structure in a historic district? Yes, Almond Grove Historic District
5. If yes, is it a contributor? Yes
6. Findings required? Yes
7. Considerations required? Yes
PAGE 2 OF 6 SUBJECT: 123 Wilder Avenue/S-23-039 DATE: December 15, 2023
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BACKGROUND:
The Santa Clara County Assessor’s Database lists a construction date of 1900, and an effective
year built of 1970, typically indicating that substantial construction occurred around that time.
The 1990 Anne Bloomfield Survey indicates that the residence was constructed in the 1910’s
and assigned a preliminary rating of “historic and intact” (Attachment 1). The Sanborn Fire
Insurance maps show a one-story residence on the subject property in 1895, having a
consistent footprint through 1908 (Attachment 2). By 1928, the front porch was extended to
wrap around the right side of the residence and connect with a side porch. Additionally, some
additions were made to the rear of the residence. This 1928 footprint remained consistent
through 1956.
A review of Town permit records shows the following:
• 1987 – Building Permit for demolition of a rear portion of the residence and construction of
an addition at the rear of the residence, including a new primary bedroom with bathroom
and a new second-story bedroom studio;
• 2001 – Partial reroof and replacement of rotted rafter tails and roof sheathing;
• 2003 – Remodel primary bedroom, interior only;
• 2007 – Remodel hall bathroom, interior only;
• 2009 – Remodel kitchen, interior only; and
• 2012 – Reroof.
As indicated above, the County Assessor lists a construction date of 1900, and an effective year
built of 1970. The effective date typically indicates that substantial construction occurred
around that time. Town records do not include any permits from the 1960s or 1970s and it is
not known what changes may have occurred to the residence to cause the County Assessor to
provide an effective date of 1970.
In September 2023, it was brought to the Town’s attention that work had occurred on the
residence without the required permits. Staff was able to observe that siding had been
removed and replaced on the sides and rear of the residence (Attachment 3). Additionally,
some removal of the siding had occurred on the front of the residence. The extent of siding
removal constitutes a technical demolition of a historic structure under the Town Code. On
September 26, 2023, a Stop Work Notice was issued by the Town for unlawful technical
demolition related to removal of the siding on the residence.
On October 5, 2023, the applicant was informed of the unlawful demolition. On October 22,
2023, the applicant filed an Architecture and Site application for the project. The pending
Architecture and Site application and future Building Permits are remedy for this circumstance
and require review and recommendation by the Committee.
PAGE 3 OF 6 SUBJECT: 123 Wilder Avenue/S-23-039 DATE: December 15, 2023
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DISCUSSION:
Prior to its removal, shingle siding covered all elevations of the residence (Attachment 4). The
unpermitted work included removal of the shingle siding on portions of the left side of the front
elevation, adjacent to the window (Attachment 3). The shingle siding on the side and rear
elevations was removed completely and portions of the right side and rear elevations were
replaced with horizontal cementitious lap siding. Installation of the lap siding on the left side
elevation was not completed prior to issuance of the Stop Work Notice. The removal of siding
on the side and rear elevations constitutes a technical demolition under the Town Code. As a
result of the technical demolition of the contributing residence, the Town Code requires an
Architecture and Site application for a new single-family residence.
Under the Architecture and Site application, the applicant proposes removal of the existing
shingle siding on portions of the front elevation, as well as the side and rear elevations
(Attachment 6). Shingle siding on the front elevation would be either stripped and repainted or
replaced in-kind below the first-floor roof eave. A portion of the front gable end would be
replaced with new cementitious horizontal lap siding. New cementitious horizontal lap siding is
also proposed on the side and rear elevations, replacing the shingle siding. Additionally, ten
existing single-hung wood windows would be replaced with single-hung, dual pane wood
windows at the front of the house, located on the front and side elevations (Attachment 6,
Sheet A-2). The applicant provided photos showing termite damage and rot in the existing
wood shingle siding and windows on the residence, and the board and batten siding on the
garage (Attachment 5).
The existing residence is identified by the Residential Design Guidelines as a contributor to the
Almond Grove Historic District. Structures identified as contributors to a district have been
determined to be historically, architecturally, or culturally significant. Great care and scrutiny is
required to properly remodel or add on to any of the contributing structures so that the
structure’s historic or architectural integrity is preserved and not destroyed or damaged in the
remodeling or addition process. Chapter 4 of the Residential Design Guidelines identifies siding
as a protected exterior element subject to review by the Town.
The following excerpts from Chapter 4 of the Residential Design Guidelines provide guidance
applicable to the proposed project and are provided as possible discussion points for the
Committee:
Guidelines Overview: Materials for all restoration, rehabilitation, reconstruction and new
construction should be authentic and match, to the maximum degree possible, those originally
used in the historical architectural style. Faux stone, vinyl windows, and manufactured siding
are prohibited.
PAGE 4 OF 6 SUBJECT: 123 Wilder Avenue/S-23-039 DATE: December 15, 2023
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DISCUSSION (continued):
4.8.1 General Guidelines
• All protected elements of the existing exterior facade should be retained and, if necessary,
repaired.
• When a remodel requires the use of newly constructed exterior elements, they should be
identical in size, dimension, shape and location as the original, and should utilize the same
materials as the existing protected exterior elements.
• Any alteration of an existing structure should incorporate and continue the form,
architectural style, materials, and details of the existing structure.
• All exterior elements including, but not limited to, roof lines, porches, doorways, windows,
trim and siding should be consistent with and continue the architectural style and design of
the original structure.
4.8.2 Building Materials
• Use natural/original construction materials (e.g., real wood siding, rock, brick, shingles,
plaster) which match and are consistent with the existing materials of the structure. The
use of faux rocks or stone is prohibited.
• New materials should identically match original materials in shape, size, dimension, texture
and pattern. Metal used as flashing, screening, gutters, and utility services and other
traditional elements are acceptable.
• Composite, synthetic, metal, vinyl, plastic or fabricated/imitation wood products, painted
brick or imitation used brick will generally not be approved. However, some exceptions may
be made on a case-by-case basis when the decision making body determines that the
replacement is consistent with the appearance of the original material, and that a lay
person would be unlikely to discern the difference. The burden of proof will reside with the
applicant. Material samples, photographs and specific locations where the material may be
seen in use will all assist in the evaluation of alternative materials.
• The decision-making body may approve an acceptable alternative to the original building
material if use of the original material is not feasible due to unreasonable cost and
commercial availability, or health and safety considerations.
4.8.9 Siding (General)
• Siding materials and placement on the structure should be appropriate to the existing style
and design.
• All existing siding should be restored and retained wherever possible.
4.8.10 Wood siding (Victorian/Craftsman)
• Siding should be real wood and not a composite, synthetic or fabricated wood product.
Finger jointed wood siding is acceptable.
• Metal and vinyl siding products are prohibited.
PAGE 5 OF 6 SUBJECT: 123 Wilder Avenue/S-23-039 DATE: December 15, 2023
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DISCUSSION (continued):
• New siding should identically match the existing siding in size, depth, width, pattern, and
should match the existing cut or bevel in siding in angle, slope, type width and depth of cut,
if any.
• Old, deteriorated shingles may be replaced. However, new shingles should match existing
shingles in size, shape, dimension and pattern. Siding material should run from the
foundation to the roof, unless existing pattern of the house varies, in which case it must
match the existing pattern.
In addition to the work proposed in the discussion above, the proposed project requires
approval of a Variance to side setback requirements and an exception to the floor area ratio
(FAR) standards. These entitlements are triggered due to the technical demolition of the
residence resulting in a new house and desire to maintain the existing non-conforming setbacks
and floor area. The project does not propose a setback or house size different than what
currently exists.
FINDINGS AND CONSIDERATIONS:
A. Findings
As required under an Architecture and Site application for technical demolition of a
historic structure, the deciding body shall consider:
1. Maintaining 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; or
4. Economic utility of the building or structure.
B. Considerations
Sec. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications
shall not be granted unless:
On landmark sites, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the landmark (and, where specified in
the designating ordinance for a publicly owned landmark, its major interior
architectural features) nor adversely affect the character of historical, architectural or
aesthetic interest or value of the landmark and its site.
PAGE 6 OF 6 SUBJECT: 123 Wilder Avenue/S-23-039 DATE: December 15, 2023
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CONCLUSION:
The applicant is requesting approval for technical demolition of a contributing single-family
residence and construction of a new single-family residence to exceed the floor area ratio (FAR)
standards and requiring a Variance to side yard setback requirements located in the Almond
Grove Historic District. Should the Committee find merit in the request, a recommendation
would be forwarded to the Community Development Director and the project would be
completed with an Architecture and Site application and a Building Permit. The project would
not return to the Committee.
ATTACHMENTS:
1. 1990 Anne Bloomfield Survey
2. Sanborn Map Exhibit
3. Current Exterior Photos
4. Photos of Residence Prior to Work
5. Photos from Applicant
6. Development Plans
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1891
123 Wilder
Avenue
ATTACHMENT 2
1895
123 Wilder
Avenue
1904
123 Wilder
Avenue
1908
123 Wilder
Avenue
1928
123 Wilder
Avenue
1928
123 Wilder
Avenue
1956
123 Wilder
Avenue
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Left Blank
ATTACHMENT 3
ATTACHMENT 4
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