Staff Report.228 Bachman Avenue
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/22/2025
ITEM NO: 1
DATE: January 17, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director Decision
Determining that the Residence Remain a Contributor to the Historic District
for Property Located in the Almond Grove Historic District Zoned O:LHP. APN
510-14-053. Located at 228 Bachman Avenue. Request for Review
Application PHST-24-017. Exempt Pursuant to CEQA Section 15061 (b)(3).
Property Owner/Applicant/Appellant: James Wood. Project Planner: Sean
Mullin.
RECOMMENDATION:
Deny the appeal of the Community Development Director decision determining that the
residence remain a contributor to the historic district for property located in the Almond Grove
Historic District on property zoned O:LHP, located at 228 Bachman Avenue
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: O:LHP; Office, Landmark and Historic Preservation Overlay
Applicable Plans & Standards: General Plan, Town Code, Residential Design Guidelines
Parcel Size: 7,950 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D:LHP and
O:LHP
South Residential Medium Density Residential R-1D:LHP
East Residential Medium Density Residential R-1D:LHP
West Residential Medium Density Residential R-1D:LHP
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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CEQA:
The project is not subject to the California Environmental Quality Act (CEQA) pursuant to the
adopted Guidelines for the Implementation of CEQA, Section 15061(b)(3): A project is exempt
from CEQA when the activity is covered by the commonsense exemption that CEQA only
applies to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question will
have a significant effect on the environment, the activity is not subject to CEQA.
FINDINGS:
▪ As required for a determination of contributing status, the deciding body considers whether
a primary structure has no historic significance or architectural merit through 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.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located in the Almond Grove Historic District on the north side of
Bachman Avenue, approximately 390 feet west of the intersection with N. Santa Cruz Avenue
(Exhibit 1). The property is currently developed with a single-family residence. The County
Assessor indicates that the residence was constructed in 1922, with an effective year built of
1932, which usually reflects significant alterations or additions occurred after the original
construction date. The 1990 Bloomfield Survey estimates the construction date as the 1920s
and rates the residence as historic with some alterations, but still a contributor to the district if
there is one (Exhibit 3, Attachment 1). The residence is listed as a contributor to the Almond
Grove Historic District in Appendix B of the Residential Design Guidelines. The Sanborn Fire
Insurance Maps show that the property was undeveloped in 1908 (Exhibit 3, Attachment 2). By
1928, a dwelling with an attached accessory building were present along the rear property line.
The 1944 map shows that this dwelling was demolished, and a new dwelling was constructed
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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toward the front of the property. It is likely that this change is the reason the County Assessor
provides an effective year built of 1932. The footprint of this dwelling remained consistent
between 1944 and 1956.
A search of Town permit records provides the following:
• 1969 use permit to allow a professional office in a residence;
• 1957 Building Permit for construction of an addition (store room); and
• 1975 Planning Commission approval to establish an office in the residence.
On January 7, 2004, the Historic Preservation Committee (HPC) discussed the possibility of
demolishing the subject residence (Exhibit 3, Attachment 3). The HPC noted that the structural
report provided at the time did not justify a demolition; however, the Committee felt that the
residence had unsympathetic additions and that it is likely that the siding is not original. The
HPC stated that a demolition may be possible, adding a recommendation that a replacement
structure not be Mediterranean and that the second story be recessed.
On September 6, 2024, a Request for Review application was received by the Town requesting a
determination of the contributing status of the residence. On September 25, 2024, the HPC
considered this request and forwarded a recommendation to the Community Development
Director that the residence remain a contributor to the Almond Grove Historic District, noting
that the front façade displays historic integrity (Exhibits 3 and 4). The HPC also encouraged the
property owner to seek their feedback on potential improvements to the residence through a
preliminary review. The determination of the Committee was confirmed by the Community
Development Director on September 26, 2024 (Exhibit 5). The audio from this meeting is
available on the Town’s website at https://losgatos-ca.municodemeetings.com/bc-
hpc/page/historic-preservation-committee-4.
On October 7, 2024, the property owner appealed the decision of the Community Development
Director to the Planning Commission (Exhibit 6).
The Town Code provides that decisions of the Community Development Director may be
appealed to the Planning Commission by any interested party as defined by Section 29.10.020
within 10 days of the decision. For residential projects, an interested person is defined as 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. 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 days after the date of filing the appeal. The Planning Commission may hear the
matter anew and render a new decision on the matter.
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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On November 13, 2024, the Planning Commission continued consideration of the appeal to a
date certain of January 8, 2025, to allow additional time for the appellant to prepare
information supporting their appeal. On January 8, 2025, the Planning Commission continued
the item to January 22, 2025, to allow additional time for the appellant to finalize their
information supporting the appeal.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located in the Almond Grove Historic District on the north side of
Bachman Avenue, approximately 390 feet west of the intersection with N. Santa Cruz Avenue
(Exhibit 1). The property is currently developed with a single-family residence.
B. Project Summary
The property owner is appealing the Community Development Director’s decision
determining that the residence at 228 Bachman Avenue remain a contributor to the Almond
Grove Historic District.
DISCUSSION:
A. HPC Authority and Applicability
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
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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and future generations examples of the physical surroundings in which past
generations lived.
2. The development and maintenance of appropriate settings and environments for
such structures.
3. The enhancement of property values, the stabilization of neighborhoods and areas
of the Town, the increase of economic and financial benefits to the Town and its
inhabitants, and the promotion of tourist trade and interest.
4. The enrichment of human life in its educational and cultural dimensions by serving
aesthetic as well as material needs and fostering knowledge of the living heritage of
the past.
Town Code Section 29.10.020 defines historic structure as 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
(HRI). The Santa Clara County Assessor’s Database lists a construction date for the residence
of 1922, with an effective year built of 1932; therefore, the subject property is included on
the HRI. Further, Appendix B of the Residential Design Guidelines classifies the residence as
a contributor to the Almond Grove Historic District.
Structures within historic districts are individually classified as to their relative contribution
to the historic character and quality of the district. Contributing structures have been
determined to be historically, architecturally, or culturally significant. Noncontributing
structures are those which are not historical in terms of their design or have been so
modified over time as to no longer meet the criteria for contributing status.
When considering a request for a determination of contributing status, the HPC considers
whether a primary structure has no historic significance or architectural merit through the
following findings in their recommendation to the Community Development Director:
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.
B. Historic Preservation Committee
On September 25, 2024, the HPC considered the request for determination and forwarded a
recommendation to the Community Development Director that the residence remain a
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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contributor to the Almond Grove Historic District, noting that the front façade displays
historic integrity (Exhibit 4). The HPC also encouraged the property owner to seek their
feedback on potential improvements to the residence through a preliminary review. The
determination of the Committee was confirmed by the Community Development Director
on September 26, 2024 (Exhibit 5). The audio from this meeting is available on the Town’s
website at https://losgatos-ca.municodemeetings.com/bc-hpc/page/historic-preservation-
committee-4.
C. Appeal to Planning Commission
The decision of the Community Development Director was appealed on October 7, 2024, by
the property owner, James Wood (Exhibit 6). The appellant’s reasons for why the appeal
should be granted that are provided on the appeal form are included below, followed by
staff’s response in italics.
1. This home has been abandoned for over a decade. It is an eyesore to the neighborhood
and is in severe disrepair.
It is common for older homes with deferred maintenance to be in disrepair; however, the
condition of a structure is not included in the findings required for determining a
contributing status. Dilapidated structures that meet the criteria for listing as a
contributor can be preserved through thoughtful restoration, rehabilitation, and
reconstruction practices. The findings for determining contributing status should be the
focus when considering a request for determination, rather than the physical condition
of the structure.
2. If we do not re-build on this lot it will be returned to its previous owner by contract and
likely remain abandoned and decaying.
Future ownership and/or the lack of any plans for future improvements are not the
subject of this request for determination. Since the property is located in a historic
district, all future exterior modifications are subject to review by the HPC.
3. The city should support the surrounding neighbors who support its demolition. HPC is
denying just because it is old. It has no significance.
On September 25, 2024, the HPC recommended to the Community Development Director
that the residence remain a contributor to the Almond Grove Historic District, noting
that the front façade displays historic integrity (Exhibit 4). The HPC also encouraged the
property owner to seek their feedback on a potential improvements to the residence
through a preliminary review. The determination of the Committee was confirmed by the
Community Development Director on September 26, 2024 (Exhibit 5). The audio from
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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this meeting is available on the Town’s website at https://losgatos-
ca.municodemeetings.com/bc-hpc/page/historic-preservation-committee-4.
In addition to the three points provided on the appeal form, the appellant submitted a historic
analysis of the residence prepared by MBA Architects (Exhibit 7). The report discusses the
qualifications of the surveyors and the methodology used in their analysis. The report provides
a description of the existing residence, evolution of development on the property, and past
residents. An evaluation is provided using the regulatory framework of the Town, which closely
aligns with that of the California Register of Historical Resources. The report concludes that the
residence at 228 Bachman Avenue lacks significance under all criteria and is ineligible for
inclusion in the California Register or as a Town of Los Gatos historic resource. The report
opines that the residence lacks architectural distinction and has no relationship to significant
events or people, therefore it is not a contributing structure to the Almond Grove Historic
District.
The historic analysis report by MBA Architects was prepared in response to the Community
Development Director’s decision in preparation for the appeal to the Planning Commission. This
report was not available to the HPC during their September 25, 2024, consideration of the
request for determination.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Public comments received by 11:00 am, Friday, January 17, 2025, are included as
Exhibit 8.
ENVIRONMENTAL REVIEW:
The project is not subject to the California Environmental Quality Act pursuant to the adopted
Guidelines for the Implementation of CEQA, Section 15061(b)(3): A project is exempt from
CEQA when the activity is covered by the commonsense exemption that CEQA only applies to
projects which have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the activity in question will have a
significant effect on the environment, the activity is not subject to CEQA.
CONCLUSION:
A. Summary
The property owner is appealing the Community Development Director’s decision
determining that the residence at 228 Bachman Avenue remain a contributor to the Almond
Grove Historic District.
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SUBJECT: 228 Bachman Avenue/Appeal of PHST-24-017
DATE: January 17, 2025
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B. Recommendation
For reasons stated in this report, it is recommended that the Planning Commission deny the
appeal and uphold the decision of the Community Development Director determining that
the residence at 228 Bachman Avenue remain as a contributor to the Almond Grove Historic
District.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Grant the appeal and determine that the residence is a non-contribtor to the Almond
Grove Historic District, making 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, September 25, 2024
4. Historic Preservation Committee Meeting Minutes for September 25, 2024
5. Historic Preservation Committee Action Letter, September 26, 2024
6. Appeal of the Community Development Director, received October 7, 2024
7. Historic Analysis Report by MBA Architects
8. Public Comments received by 11:00 am, Friday, January 17, 2024