Approval Process for New Development or Alteration of Historic Property

Forbes MillWhat is the Process to Obtain Approval for New Development or Alteration of Historic Property?
The following process is for sites that are within an historic district or have a Landmark Designation (Landmark and Historic Preservation (LHP) overlay zone). Applicants are encouraged to first consult with a Planner at the Community Development Department prior to their formal submittal of a building permit or a development application to ensure the work proposed meets Town Code requirements and policies and to obtain the development standards applicable to the site.
There are no additional fees applied to applications for historic properties. Applicants of historic properties are only charged fees applicable to non-historic properties.


Applying to Develop a Historic Property in Los Gatos
Proposals for development on a Historic Property are filed with the Town of Los Gatos Planning Division and reviewed by the Historic Preservation Committee to determine if a property is considered historic by the Town of Los Gatos guidelines. 
 
Minor Repairs
If minor repair work is proposed and the materials will be replaced in kind, only a building permit will be required.

Exterior Modifications
Any exterior modifications to a historic structure consisting of:
  • Addition
  • Construction
  • Demolition
  • Rehabilitation
  • Restoration
This also includes any interior work which would effect the exterior of the structure. 
 
Minor Exterior Changes 
The following process is for sites that are within an historic district or have a Landmark Designation.
Minor exterior changes require an application for minor development and carry no fee. The application can be approved by the HPC and does not require a review by any other public body.

Criteria
The town considers changes minor if they meet the following criteria:
  • Additions to an existing second story residence where the additional area will be one hundred (100) square feet or less and is visible from the street(s) in the immediate neighborhood.
  • New residential accessory structures four hundred fifty (450) square feet or less in area visible from the street(s) in the immediate neighborhood.
  • Additions to the first floor of a residence (excluding additions not visible from the street that do not exceed 15% of the existing floor area of the house (excluding cellars) or 400 square feet of gross floor area, whichever is less).
  • Exterior alterations which require a building permit that changes the historic architectural style of the structure or eliminates/alters character defining features. This includes but is not limited to: new porches, porch enclosures, awnings, new dormer windows, bay windows and change in siding material.
Process
  • Application - An application for Minor Development in an Historic District is required. Filing deadline is 13 days prior to the Historic Preservation Committee meeting by 11 A.M.
  • Review - Town staff will review the application to ensure it meets Town Code. The application will then be scheduled for review by the Historic Preservation Committee.
  • Action - The Historic Preservation Committee will consider the matter at a public meeting and can either approve, deny or continue the matter. There is ten day appeal period on all final actions taken by the Committee. Appeals will be considered by the Planning Commission.

Minor Residential Development 
The following process is for any historic structure.
If more than small exterior changes are proposed but the scope of development is still minor, a Minor Residential Development application can be applied for (with application fee). Final action on the application can be taken by the Director of Community Development after it is reviewed by the Historic Preservation Committee at a public meeting.

Criteria
  • New second story.
  • Second story additions exceeding 100 square feet.
  • Accessory structure(s) exceeding 450 square feet.
  • Reduction of side or rear yard setbacks for accessory structures that are visible from the street or Victory Lane.
  • Reconstruction of a portion of a single family or two family dwelling with a nonconforming setback.
Process
  • Application - An application for Minor Residential Development is required. There is no filing deadline.
  • Review - Town staff will review the application to ensure it meets Town Code. The application will then be scheduled for review by the Historic Preservation Committee.
  • Historic Preservation Committee - The Historic Preservation Committee will consider the matter at a public meeting and will either recommend approval or denial of the application or continue the matter.
  • Action - If the application can be approved by the Director of Community Development, a "Notice of Intent to Approve" will be mailed to neighboring residents and property owners. The notice will advise the residents and property owners of the applicant's plans, and that the application will be approved unless there is an objection. The residents and property owners will have ten calendar days in which to review the application and to notify the Director of Community Development of any concerns or problems. The Director of Community Development will evaluate the comments received in making a decision on the application. The ten day review period begins the day after the notice is placed in the mail, and also constitutes the required appeal period.

If no one objects to the project by the end of the public review period, the application may be approved. If there are objections but the differences in opinion can be worked out to the satisfaction of all those involved, then the application may also be approved. If differences cannot be worked out, the Director of Community Development shall make a decision based on the information submitted and Town policies. That decision may be appealed to the Planning Commission. If the Director of Community Development's decision is not appealed, the Building Permit may be issued.

If there is an appeal to the Director of Community Development's decision, the application will be scheduled for the next available Planning Commission meeting for consideration at a Public Hearing.

If the Director of Community Development determines that the application does not comply with the Residential Development Standards and the applicant is unwilling to revise the plans or if there is a neighbor opposed to the project, then the applicant will be required to file an Architecture and Site Application (including the required fee). The application will be processed in the same manner as other Architecture and Site Applications.