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Ord 2285 - Amending Chapter 29 (Zoning Regulations) regarding Demolition RegulationsORDINANCE 2285 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING DEMOLITION REGULATIONS WHEREAS, the Town Council would like to streamline the land use process to reduce the time and cost impacts for businesses and residences; WHEREAS, the current definition of demolition within Town Code allows a repair exception to the demolition regulations only for historic homes, not non - historic homes; WHEREAS, the current definition of demolition within Town Code includes a contiguity requirement which design professionals and property owners often find difficult to implement; WHEREAS, the proposed modifications will allow greater flexibility for good design and repair without triggering technical demolition; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on May 22, 2019; WHEREAS, on May 22, 2019, the Planning Commission reviewed and commented on the proposed amendments regarding the land use appeal process and forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 4, 2019; and WHEREAS, on June 4, 2019, the Town Council reviewed and commented on the proposed amendments regarding land use appeals and the Town Council voted to introduce an Ordinance. 1of4 Ordinance 2285 June 18, 2019 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 29.10.020 of Town Code Chapter 29 are hereby amended to read as follows: Sec. 29.10.020. - Definitions. Demolition (historic structures) means: (1) Removal of more than twenty -five (25) percent of the wall(s) facing a public street(s) (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of all exterior walls; or (2) Enclosure or alteration (i.e.: new window and /or window relocation) of more than twenty -five percent of the walls facing a public street (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of the exterior walls so that they no longer function as exterior walls; or All remaining exterior walls must be eentig ;^a must retain the existing exterior wall covering. No new exterior wall covering shall be permitted over the existing exterior wall covering. The following are exempt from this definition: a. Replacement. The exterior wall covering maybe removed if the covering is not original to the structure. b. Repair. The removal and replacement of in kind non - repairable exterior wall covering resulting in no change to its exterior appearance or historic character if approved by the deciding body. C. Removal. The removal of an addition(s) that is not part of the original structure and which has no historic significance, as determined by the Historic Preservation Committee. Demolition shall be determined by subsections (1) and (2) above for the original structure, where walls enclosed by additions shall be considered as exterior walls. 2of4 Ordinance 2285 June 18, 2019 Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the exterior walls. The remaining exterior walls must be ^^ '^ ^ and must maintain retain either the existing interior or existing exterior wall covering. The following is exempt from this definition: a. Repair. The removal and replacement of in kind non - repairable exterior and /or interior wall coyering resulting in no change to its exterior appearance or character if approved by the Community Development Director. SECTION II With respect to compliance with the California Environmental Quality Act (CEQA), the Town Council finds as follows: A. These Town Code amendments are not subject to review under CEQA pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendment to the Town Code would have significant impact on the environment; and B. The proposed Town Code amendments are consistent with the General Plan and its Elements. SECTION III If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidly shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. 3of4 Ordinance 2285 June 18, 2019 SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4" day of June, 2019, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 18th day of June 2019 and becomes effective 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None ABSENT: None ABSTAIN: None TAYOR OF THE TOWN OF LOS GATOS LOS GATOS, C LIIFORR A DATE: ( 71 0 ATTEST: 6NPF. U N2i-) TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIF RMA DATE: &A4 19 4 of Ordinance 2285 June 18, 2019