N40 Desk Item Attachment 68CARFY & CO. INC:.
ARC:H1TUYURE
MEMORANDUM
April 10, 2015
To: Richard James, Principal Planner
EMC Planning Group, Inc.
From: Hisashi Sugaya, Principal
Carey & Co., Inc.
Re: Comments on Historic Resources, Environmental Impact Report, North 40 Specific Plan
In a letter dated February 2, 2015 from Katherine Hardt -Mason and Ed Morimoto addressed to Mayor
Marcia Jensen and Town Council Members, comments were provided on the accuracy and adequacy of
the historic resources evaluation that was included in the Draft EIR, North Forty Specific Plan. Following
the receipt of the letter, Carey & Co, prepared a list of five topical questions, for which answers were
provided by the Yuki family through its representative Edward Morimoto.
Carey & Co. has reviewed the comments in the February 2nd letter (Letter) and the answers to the
questions, and we have prepared the following responses.
1. The Letter sets forth that retaining a portion of the Yuki property as an area that could continue to
convey the historic significance of agricultural uses in Los Gatos cannot be supported because the
"Existing Orchard did not exist in the 1910's and 1920's." (Page 2)
Response. The evaluation of the property for its historic significance was not based on its being solely
an orchard. The Technical Report (Report) uses terms like horticultural production and horticultural
industry. "The walnut orchard at the North 40 appears to be the largest remaining vestige of the once
prominent horticultural industry on the lands in and around Los Gatos." The walnut orchard is a
continuation of the agricultural history of the property, which included many different types of
agricultural products. The walnut orchard happens to be the current and possibly last agricultural use
in the continuum of the property's history, but the property's historic significance is not based on it
being continually planted in only in walnuts.
The evaluation of historic significance is also based in part on the Context Statement, Japanese
American Farming in the Santa Clara Valley (May 28, 2013). The historic context statement
identifies two property types: Typical Agrarian Landscape of the Santa Clara Valley and Typical
Agricultural Related Structures. Examples of the agrarian landscape include farms and orchards
featuring acreages covered in crops organized in linear rows, and clustered residential and agrarian
buildings. "Characteristically, there would be one main farmhouse for the land holders, and several
smaller residential structures for the workers. Various support structures might include bams, storage
buildings, garages or machine sheds. A few dirt roads would provide access around the property and
Merriam- Webster: "a planting of fruit trees, nut trees, or sugar maples: also : the trees of such a planting."
A historic context statement groups information about historical properties based on a shared theme, specific time
period, and geographical area. The development of a historic context is a foundation for decisions about the
planning, identification, evaluation, registration, and treatment of historical resources, based upon comparative
historic significance within an established framework.
ATTACHMENT 5 8
to the various structures. "3 The Yuki property was evaluated as being one of the last remaining
examples of this property type.
2. The Letter also interprets a 1939 aerial photograph with the conclusion that it "shows that some of the
North 40 property was covered by an orchard, BUT this same photograph shows that the majority of
the Proposed Historic District (HD) Property was not covered by an orchard. It is not clear whether
the proposed HD Property was fallow, or row crops or other fanning operations were occurring
within the proposed HD Property, but it is clear the majority was not an orchard at that time."
[Emphasis in original] (Page 2)
Response. The property evaluated for the North 40 Specific Plan is superimposed on a 1939 aerial
(Figure 1). Our calculation is that 59.8% appears as orchards. For the portion referred to as the "HD
Property," our calculation is 54.7% for the larger area and 52.8% for the smaller area.
The Letter sets forth that retaining a portion of the Yuki property as an area that could continue to
convey the historic significance of agricultural uses in Los Gatos cannot be supported because the
"The Adobe House did not exist in the 1910's and 1920's." (Page 2)
Response. In the Letter, information provided by the Yuki family says the house4 at 14919 Los Gatos
Boulevard was "built by the Gianandres family between two and three years prior to the Yuki family
acquiring the proposed HD Property in 1945." Additional information was provided by the Yuki's in
answer to a question about whether they knew of any building that might have been at the same
location prior to construction of the present house. The answer provided was "To our knowledge,
there was not a prior structure that was demolished /removed for the construction of the stucco house."
We accept these explanations as a review of our records for the property does not backup the dates
noted in the report. The reason for the earlier date lies mainly with the architectural style of the
building which was attributed to an earlier era.
The evaluation of the property identified a potential historic district with seven contributing resources
including 14919 Los Gatos Boulevard. With an acceptable date of construction now being c.1942, we
have reviewed the evaluation of the property and the historic district to see if this new date of
construction could affect either or both conclusions. Because of the revised date of construction, the
house falls outside of the period of significance and cannot be considered a contributing resource to
the historic district. However, the removal of one of the contributing resources would not change the
historic significance of the district.
In addition, the evaluation of the house as a potential individual historic resource concluded that it
"does not appear to be individually eligible under NRHP /CRHR Criteria B /2, C /3, or D /4." The new
date of construction does not change this conclusion.
4. Footnote 2, Page 2. The Letter points out the following "It is important to note that the 2014 report on
Page 2 states that `interviews were conducted both in person and via email with Yuki family
members,' but none of the Yuki family members involved with the operation and management of the
property recall speaking to a Carey representative or responding to any correspondence regarding the
history of the property."
Carey & Co., Inc. Context Statement, Japanese American Farming in the Santa Clara Valley, 9.
The Letter refers to the house as the "Adobe House," but is probably not constructed of adobe. It is likely stucco
over wood frame.
Response. This is correct; no contact was made with the family. This was probably included in an
early draft when we anticipated being able to connect with a family member, but was never removed.
5. The Letter sets forth that retaining a portion of the Yuki property as an area that could continue to
convey the historic significance of agricultural uses in Los Gatos cannot be supported because the
"The Sheds did not exist in the 1910's and 1920's." (Page 3)
Response. The sheds are not identified as historic resources. The recommendation that they be
included in the retained area was made because they are directly related to the agricultural use of the
property. Their retention or demolition would not affect the identified historic district.
6. The Letter states that "The HP Laws, which will be enforced through the MMRP, require preservation
of certain structures IF the structures meet certain criteria." [Emphasis in original] The footnote to
this statement says "See the 2014 Report, at Pages 13 -16, which outlines both State Regulations and
the Town of Los Gatos Regulations relating to the preservation of Historic Resources." (Page 3)
Response. The cited pages of the report contain information about the following
California Register of Historical Resources. This section discusses the eligibility criteria for listing
and the seven aspects of integrity.
California Environmental Quality Act. This section discusses what CEQA considers a historic
resource and that a project following "the Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation with Guidelines for
Rehabilitating Historic Buildings shall be considered as mitigated to a level of less than a significant
impact on the historical resource."
Town of Los Gatos Regulations. This cites the Town of Los Gatos Zoning Ordinance section that
provides a definition of what would be considered a historic structure, the zoning preservation overlay
zone and approval processes.
None of state and local regulations above or the MMRP require "the preservation of certain
structures" under any circumstances. They present the criteria for what may be considered a historic
resource, what could be a project that has a less than significant impact, and local zoning procedures.
Furthermore, the MMRP makes no reference to Division 3. Historic Preservation and LHP or
landmark and Historic Preservation Overlay Zone.
The Letter goes on the say that "If the Red Barn and the Adobe House are determined by the
Town of Los Gatos Historic Preservation Committee to meet the criteria established by the HP
Laws and if these structures can be safely rehabilitated, the MMRP would require preservation
of the structures." [Emphasis in original] A footnote adds "Mitigation MeasureCR -2 states in part,
`For potentially historic buildings proposed for retention at existing locations, the project sponsor
shall prepare a historic structure(s) report (HSR) for the histone resource as a guide to the
rehabilitation." (Page 3)
Response. Mitigation Measure CR -2 is a fairly standard mitigation that sets forth a procedure for the
rehabilitation of buildings "proposed for retention at existing locations." This includes the preparation
of a historic structure report, compliance with the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation with
Guidelines for Rehabilitating Historic Buildings, retaining the services of a historical architect,
review by the Town of Los Gatos and procedures to protect the historic building during construction.
In itself, Mitigation Measure CR -2 does not require preservation of historic building, but only applies
if a building is proposed for rehabilitation. Further, the town's general plan policies related to historic
resources and adopted to prevent environmental effects "do not prohibit the demolition of historic
structures or require that all historic structures in the Town must be retained .,,5
8. The Letter states that "In other words, the additions to the Red Barn were not constructed pre - 1941."
(Page 3)
Response. "Additions" to a structure are those physical changes that are directly attached to, modify
the existing physical fabric, or may be detached, but connected to an existing building usually
allowing access between the two structures. The three residences were constructed near the Red Barn,
but not attached to it and are not considered additions as the term is used to describe the history of a
building over time.
9. Questions posed to the Yuki family.
In a Memorandum to Edward S. Morimoto (March 11, 2015), Carey & Co. listed a number of
questions to gain additional information about the Yuki family's history with the North 40 property.
Mr. Morimoto provided a reply that has added to our knowledge of the property. Of note is the
information about the Yuki's property acquisitions, sales, eminent domain seizures and the types of
crops planted at the time of acquisition.
Chronology6 (Prepared by the Yuki family)
1945. Gianandrea, 9.5 acres: grapes
1945. Benzo, 5 acres: prunes (only partially planted)
1946. Stevens, 7 acres: grapes
1946. Noddin, 13 acres: grapes
1946. Libby, 2 acres: unknown
1955. Passetta, 4 acres: apricots
1955. Faulkner, 5 +2 acres: little agriculture
1957. San Felipe, 4.6 acres: apricots
1957. Scianna, 6 acres: apricots
1958. De Carlo, 2 acres: prunes & apricots
Eminent Domain
1957 -1958. Highway 17 condemnation: approximately 8 acres
Early 1960's. Berry School (now JCC) condemnation: 8.5 acres
1993 -1996. Hwy 85 interchange condemnation, approximately 6 acres (tunnel /orchard) and
approximately 3 acres (creek/orchard)
5 Final EIR, North Forty Specific plan. 4.0 Changes to the Draft EIR. 4.2 Changes Made. Less - than - Significant
Impact with Mitigation: Conflict with Plan Adopted for Environmental Purposes. Page 4.4
6 From a list prepared by the Yuki family. This list, provided by the Yuki family, only provides information about
the larger real estate dealings: "The total acreage owned by the family today was assembled piecemeal through
dozens of purchases as opportunities arose. Many of these were small (e.g., single - family homes) purchases on
Bennett Way & Burton Road — the larger, agricultural purchases are listed..."
The listing of the agricultural products confirms that the land was in agricultural use and the Yuki's
continued to cultivate the land: "As the Los Gatos property was purchased as a homestead for the
family, not for commercial agricultural production, different crops were tried in an attempt to limit
the effort/equipment for cultivation and accommodate the relatively poor, rocky soil of the N40 site.
Prunes and pears were tried before settling on walnuts in the 1950's..."
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