Attachment 3 - Letter of Justification 105 Locust St., ste. D
Santa Cruz, CA. 95060
408/705.6763
4 OCTOBER 2025
Town of Los Gatos Planning Dept.
Suray Nathan
110 E. Main St.
Los Gatos, CA. 95030
Re: Response to Comments Dated October 1, 2025 – 69 Hernandez Avenue
Dear Mr. Nathan,
Pursuant to your comments dated October 1, 2025, please find attached photos
of 69 Hernandez Avenue for your review.
As noted in the historic evaluation prepared by Archaeological Resource
Management, the home has been heavily modified over time—both on the
exterior and interior—resulting in a non-cohesive floor plan. We are proposing
revisions to the interior layout to restore a more functional and cohesive plan. As
part of these revisions, several window locations will need to be adjusted, as
shown on the submitted Floor Plans and Exterior Elevations.
In addition, we propose to correct the window proportions to a more historically
appropriate vertical orientation. Due to past modifications, the existing windows
vary in style, operation, and material. To achieve a unified and consistent design,
we are proposing to replace all existing windows with Marvin Ultimate aluminum
clad wood windows in Ebony. A manufacturer photo is attached for reference.
The new windows will have no grids.
Thank you for your consideration. Please let us know if any additional information
is needed.
Sincerely,
Mike Tinsley, Architect
License #: C-30944
ATTACHMENT 3
Current street view from Hernandez Ave. Page 15 of the Historic Evaluation prepared by Archeological Resource
Management, shows what the original home looked like (dated circa 1970). Since then, the Entry has been relocated,
the porch has been enclosed, and a new porch with a new roof constructed. We are proposing to replace these
windows with properly proportioned windows.
Circa 1970 showing original porch
Current street view from Walnut Ave. We are proposing to remove the existing chimney, noted as non-historic. All
windows appear to be replacement windows along this side of the home. We are proposing to remove the striped
canvas awnings, remove bay windows in the center of the home and replace all windows with appropriate
proportioned windows.
Current view from above existing garage. We are proposing to relocate the 2nd story window, and remove the
striped awning. We are proposing to replace the existing wood casement windows.
Marvin Ultimate Casement
Proposed Color: Ebony (Black)
Archaeological Resource Management
Robert R. Cartier, Ph.D.
496 North 5th Street
San Jose, CA 95112
Telephone (408) 295-1373
Fax (408) 286-2040
email: armcartier@netscape.net
Mr. Phil Rolla July 10, 2025
69 Hernandez Ave
Los Gatos, CA. 95030
RE: HISTORIC EVALUATION OF THE RESIDENCE AT 69 HERNANDEZ AVENUE IN
LOS GATOS
Dear Mr. Rolla:
As per your request our firm is submitting the enclosed historical evaluation of the residence at
69 Hernandez Avenue in Los Gatos. Based upon the requirements of the Town of Los Gatos, a
methodology was designed which included the following services:
- an evaluation of the structures based on the criteria of the NRHP and CRHR
- an evaluation of the structures using the criteria of the Town of Los Gatos Historic
Preservation Ordinance
- State Historic Resources Evaluation forms (DPR 523) for the structures
The current proposed plans for the property include expansion of the 2nd floor addition,
demolition of the detached garage, and construction of a new garage with an ADU above.
The residence at 69 Hernandez Avenue is not currently listed in the California Register of
Historic Resources (CRHR), or the National Register of Historic Places (NRHP). In addition, it
does not appear to be eligible for listing in either of these registers.
The structure at 69 Hernandez Avenue is not located within a recognized historic district for the
Town of Los Gatos and is not currently listed within the LHP overlay. The structure was
constructed Circa 1900, and thus before 1941. However, the residence is lacking in historic
association and architectural interest and has been heavily modified from its original form.
Thus the structure at 69 Hernandez Avenue does not appear to be historically significant, and no
further recommendations are being made.
Sincerely,
Robert Cartier, Ph.D.
Principal Investigator
RC/dj
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
PRIMARY RECORD Trinomial ______________________________
NRHP Status Code ______________________
Other Listings ________________________________________
Review Code ________ Reviewer __________ Date ________
Page _1_ of 13 Resource Name or # ___69 Hernandez Avenue___
P1. Other Identifier: ______Speedee Mart Building_________________________________
P2. Location: ____ Not for Publication _x__ Unrestricted *a. County __Santa Clara__
and (P2b and P2c or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad: Los Gatos,CA Date: 2021 T ; R ; 1/4 of 1/4 of Sec ; BM
c. Address: 69 Hernandez Avenue City: Los Gatos Zip: 95030
d. UTM: 10S 5 89 480mE/41 20 405mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)
APN: 510-41-015
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
The structure at 69 Hernandez Avenue is a two story vernacular residence in fair condition. The structure is roughly
rectangular in form, oriented lengthwise off of Hernandez Avenue, at the southeast corner of Hernandez and Walnut
Avenues. The primary roof is hipped and moderately pitched, surfaced with composition shingles. A front-gabled
wing extends from the front façade. A slightly lowered hipped roof of shallower pitch extends over the enclosed porch
addition to the eastern façade. The second story addition also features a hipped roof of moderate pitch. The eaves
are somewhat broad and open, with exposed rafters.
See Continuation Sheet Page 4
*P3b. Resource Attributes:HP06 (commercial 1-3 stories)
*P4. Resources Present: x_Building __Structure __Object __District __Element of District __Site __Other
P5a. Photo or drawing (Photo required for buildings, structures, objects.) P5b. Description of Photo: (View, date, accession #)
View of the front façade of 69 Hernandez Avenue
*P6. Date Constructed/Age and Sources
Historic x Prehistoric Both
Constructed Circa 1900 based on County of Santa
Clara Appraiser’s property records
*P7. Owner and Address:
Phillip & Gwynne Rolla
69 Hernandez Avenue
Los Gatos, CA 95030
*P8. Recorded by:
Robert Cartier
Archaeological Resource Management
496 North 5th Street
San Jose, CA 95112
*P9. Date Recorded: 7/10/2025
*P10. Survey Type: Intensive
*P11. Report Citation: (Cite Survey Report and other sources, or enter "none.")
None
* Attachments: __None x_Location Map __Sketch Map x_Continuation Sheet x_Building, Structure, and Object Record
__Archaeological Record __District Record __Linear Feature Record __Milling Station Record __Rock Art Record __Artifact
Record __Photographic Record __Other (List):
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ________________________________
DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
Page _2_ of 13 *NRHP Status Code ___ __
*Resource Name or # (Assigned by recorder) 69 Hernandez Avenue
B1. Historic Name: ________________________________________
B2. Common Name: ______69 Hernandez Avenue_____________________________________________
B3. Original Use: ___Residential B4. Present Use: ____Residential________
*B5. Architectural Style: _____Vernacular_____________
*B6. Construction History: (Construction date, alterations, and date of alterations)
Based upon visual evaluation and available documentation, the residence at 69 Hernandez Avenue was constructed
Circa 1900. Numerous modifications and additions to the home have been made including the enclosing of the original
wrap around porch and entry, relocation of the porch and entry to the western side of the front façade, a rear addition
and the addition of the second story in 1981 (BP# 9441), reroofing in 1992 (BP# 24863), replacement of the original
chimney, and replacement of many of the original windows.
*B7. Moved? _x_ No ___ Yes ___ Unknown Date: _______ Original Location: __________________
*B8. Related Features:
Also present on the property is a detached garage, which appears to be of late 20th Century construction.
B9a. Architect: ____unknown__________ b. Builder: ____unknown______________
*B10. Significance: Theme ____ architecture & shelter_______ Area _____Santa Clara, CA______
Period of Significance ___1900-___ Property Type __private residential__ Applicable Criteria ___N/A_____
The land on which the subject structure now stands consists of a portion of the Rancho Rinconada De Los Gatos. In
1876, the subject property made up a portion of the lands of W. McCormick (Thompson & West 1876). By 1890 the
property was owned by the S. and L.G. Real Estate Association (Official Map of Santa Clara County, 1890). The
subject property consists of a portion of Lots 9 & 10 of Block 2, as shown on the “Map of Glen Ridge Park” dated April
11, 1891 (Book E of Maps, Page 97). Based upon County of Santa Clara Appraiser’s records, the residence at 69
Hernandez Avenue was constructed Circa 1900. The earliest known owners of the home were George and Elizabeth
Miller. George was born in 1862 in Ireland, and emigrated to the United States with his family in 1880. George and
Elizabeth are listed as residing on Hernandez Avenue in the US Census of 1920, where George is noted to be
employed as a farmer/orchardist.
See Continuation Sheet, Page 4
B11. Additional Resource Attributes: (List attributes and codes) ___________N/A_______________________
*B12. References:
See Continuation Sheet, Page 7
B13. Remarks:
*B14. Evaluator: ___Robert R. Cartier____________
*Date of Evaluation: _______7/10/2025________
(This space reserved for official comments.)
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ________________________________
DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________
LOCATION MAP Trinomial ________________________________
Page _3_ of 13 Resource Name or # (Assigned by recorder) _______69 Hernandez Avenue ____________________
*Map Name: ____Los Gatos, CA____ *Scale: ___7.5 Minute__ *Date of Map: ___2021__
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page _4_ of 13 *Resource Name or # (Assigned by recorder) 69 Hernandez Avenue_________
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Continued from P3a:
Exterior walls are surfaced with narrow horizontal wooden siding on the first floor, with wood shingle siding on the
second story addition. The original fenestration is wooden framed and primarily in a double-hung sash configuration,
however the majority of the windows appear to be non-original. The front façade features a recessed porch accessed
via a brick stairway, both of which appear to be non-original.
Continued from B10:
George Miller retained ownership of the property until his death on March 26, 1938. On September 27, 1938 the
property was granted by his estate to Bertha Goldstein (Book 899 OR, Page 231). Bertha Goldstein (later Bertha
Passavoy) owned the property until her death in 1979. On November 9, 1979 the property was granted by her estate
to Lillian Varadi and Eboly Frankel (Book E973 OR, Page 490). On May 22 of 1980 they granted the property to Brian
and Christina Barnett and Robert and Carol Palmer (Book F340 OR, Pages 82-84). The 2nd story was added to the
residence during their ownership of the property, in 1981. On October 22, 1981 the property was granted to Norman
and Nancy Nason (Book G405 OR, Page 747). On October 5, 1982 they granted the property to Dennis and Jocelyn
Penner (Book H063 OR, Page 739). Jocelyn Penner retained ownership of the property until April 24, 2025, when it
was granted to Phillip and Gwynne Rolla, who are the current owners (Assessor’s Doc#25803591).
Los Gatos Historic Building Inventory
The Los Gatos Town Code (Sec. 29.80.215) states that “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.
(2)The development and maintenance of appropriate settings and environment for such structures.
(3)The enhancement of property values, the stabilization of neighborhood 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.
(Ord. No. 1316, § 4.86.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
The Town of Los Gatos recognizes a structure as historic if any one of the following apply:
1. Any structure / site that is located within an historic district
2. Any structure / site that is historically designated within the LHP (Landmark Historic Preservation) overlay
3. Any primary structure constructed prior to 1941, unless the town has specifically determined the structure has
no historic significance or architectural merit
The structure at 69 Hernandez Avenue is not located within a recognized historic district and is not currently listed
within the LHP overlay. The structure was constructed Circa 1900, and thus before 1941. However, the residence is
lacking in historic association and architectural interest and has been heavily modified from its original form.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 5 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
California Register of Historic Resources Criteria
A cultural resource is considered “significant” if it qualifies as eligible for listing in the California Register of Historic
Resources (CRHR). Properties that are eligible for listing in the CRHR must meet one or more of the following criteria:
1. Association with events that have made a significant contribution to the broad patterns of local or regional
history or the cultural heritage of California or the United States;
2. Association with the lives of persons important to local, California, or
national history;
3. Embodying the distinctive characteristics of a type, period, region, or method
of construction, or representing the work of a master, or possessing high artistic values; or
4. Has yielded, or has the potential to yield, information important to the
prehistory or history of the local area, California, or the nation.
A property may be automatically listed in the CRHR if it is formally determined eligible for the National Register of
Historic Places. Properties that are formally determined eligible for the NRHP are those that are designated as such
through one of the federal preservation programs administered by the California Office of Historic Preservation (i.e.,
the National Register, Tax Certification, and Section 106 review of federal undertakings).
The CRHR interprets the integrity of a cultural resource based upon its physical authenticity. An historic cultural
resource must retain its historic character or appearance and thus be recognizable as an historic resource. Integrity is
evaluated by examining the subject’s location, design, setting, materials, workmanship, feeling, and association. If the
subject has retained these qualities, it may be said to have integrity. It is possible that a cultural resource may not
retain sufficient integrity to be listed in the National Register of Historic Places yet still be eligible for listing in the
CRHR. If a cultural resource retains the potential to convey significant historical/scientific data, it may be said to retain
sufficient integrity for potential listing in the CRHR.
The property at 69 Hernandez Avenue is not currently listed on the CRHR. In addition the structure does not appear
to be eligible for inclusion in this register. The structure is not associated with significant events and thus it does not
appear to be eligible for listing under Criterion 1. The structure is not associated with the lives of historically significant
people, thus it does not appear to be eligible for inclusion under Criterion 2. The structure is an example of vernacular
architecture, however it is not a notable example of this style. Thus it does not appear to be eligible for listing under
Criterion 3. The structure does not appear to have the potential to yield information important to history, and thus
does not appear to be potentially eligible for listing under Criterion 4.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 6 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
National Register Criteria
The National Register of Historic Places was first established in 1966, with major revisions in 1976. The register is set
forth in 36 CFR 60 which establishes the responsibilities of the State Historic Preservation Officers (SHPO), standards
for their staffs and review boards, and describes the statewide survey and planning process for historic preservation.
Within this regulation guidelines are set forth concerning the National Register of Historic Places (36 CFR 60.6). In
addition, further regulations are found in 36 CFR 63-66, 800, and Bulletin 15 which define procedures for determination
of eligibility, identification of historic properties, recovery, reporting, and protection procedures. The National Register
of Historic Places was established to recognize resources associated with the accomplishments of all peoples who
have contributed to the country’s history and heritage. Guidelines were designed for Federal and State agencies in
nominating cultural resources to the National Register. These guidelines are based upon integrity and significance of
the resource. Integrity applies to specific items such as location, design, setting, materials, workmanship, feeling, and
association. Quality of significance in American history, architecture, archaeology, engineering and culture is present
in resources that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and
meet at least one of the following criteria:
A. that are associated with events that have made a significant contribution to broad patterns of our history;
B. that are associated with the lives of persons significant in our past;
C. that embody distinctive characteristics of type, period, or method of
construction, or that represent the work of master, or that possess high artistic values, or that
represent a significant and distinguishable entity whose components may lack individual
distinction;
D.that have yielded, or are likely to yield, information important in prehistory or history.
Integrity is defined in Bulletin 15: How to Apply the National Register Criteria for Evaluation, (U.S. Department of the
Interior, National Park Service 1982) as:
the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during
the property’s historic or prehistoric period. If a property retains the physical characteristics it possessed in the past
then it has the capacity to convey association with historical patterns or persons, architectural or engineering design
and technology, or information about a culture or peoples.
There are also seven aspects of integrity which are used. These aspects are:
1. location 5. Workmanship
2. design 6. Feeling
3. setting 7. Association
4. materials
The residence at 69 Hernandez Avenue is not currently listed on the National Register of Historic Places. In addition
the structure does not appear to be eligible for inclusion in this register. The property is not associated with any known
significant historical events, thus it does not appear to be eligible under Criterion A. The structure is not associated
with historically significant persons, thus it does not appear to be eligible for inclusion in the NRHP under Criterion B.
Although an example of vernacular architecture, it is not a notable example of this style and does not appear to be
eligible for inclusion under Criterion C. The structure does not appear likely to yield important historical information,
thus it does not appear eligible for inclusion under Criterion D.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 7 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Continued from B12:
Appraiser’s Office, County of Santa Clara
2025 Appraiser’s records for 69 Hernandez Avenue.
Assessor’s Office, County of Santa Clara
2025 Record search of assessed value and associated taxes for 69 Hernandez Avenue.
Calloway, S. and E. Cromley
1996 The Elements of Style: A Practical Encyclopedia of Interior Architectural Details from 1485 to the
Present, Revised Edition. Simon & Schuster, New York.
Hoover, M. et al
1966 Historic Spots in California. Stanford University Press, Stanford California.
McAlester, V. and L. McAlester
1997 A Field Guide to American Houses. Alfred A. Knopf, New York.
Recorder’s Office, County of Santa Clara
2025 Record search of recorded information for 69 Hernandez Avenue.
US Department of the Interior
1990 The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings
US Department of the Interior
1982 Bulletin 15 – “How to Apply the National Register Criteria for Evaluation.”
Whiffen, M.
1992 American Architecture since 1780, Revised Edition. The MIT Press, Cambridge, MA.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 8 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Photo 1: View of the front façade of 69 Hernandez Avenue.
Photo 2: View of the front gabled wing on the front façade.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 9 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Photo 3: View of the enclosed porch addition to the eastern façade.
Photo 4: View of the (non-original) front porch and entry to the residence.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 10 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
State of California - The Resources Agency Primary # ______________________________
Photo 5: An oblique view of the front façade from the northwest.
Photo 6: View of bay window along the western facade
DPR 523A (1/95) *Required Information
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 11 of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
State of California - The Resources Agency Primary # ______________________________
Photo 7: Detail of the (non-original) chimney.
Photo 8: View of the rear entry to the residence.
DPR 523A (1/95) *Required Information
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 12_ of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Photo 9: View of the 1st floor of the rear façade.
Photo 10: View of the 2nd story, rear façade.
DPR 523A (1/95) *Required Information
State of California - The Resources Agency Primary # ______________________________
DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________
CONTINUATION SHEET Trinomial ______________________________
Page 13_ of 13 *Resource Name or # (Assigned by recorder) __69 Hernandez Avenue_______
*Recorded by Archaeological Resource Management Date 7/10/2025 Continuation x Update
Photo 11: Image from the County of Santa Clara Appraiser’s Property Record for
69 Hernandez Avenue showing the residence prior to the porch enclosure, entry relocation,
and 2nd story addition (Circa 1970’s).
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