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Ord 2295 - Amend Chapter 29 (Zoning Regulations) Rgarding Demolition RegulationsORDINANCE 2295 AN 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 includes a requirement that remaining exterior walls must retain either the existing interior or existing exterior wall covering, a 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 September 11, 2019; WHEREAS, on September 11, 2019, the Planning Commission reviewed and commented on the proposed amendments regarding the demolition regulations and forwarded a recommendation to the Town Council for approval of the proposed amendments; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 5, 2019; and WHEREAS, on November 5, 2019, the Town Council reviewed and commented on the proposed amendments regarding demolition regulations and the Town Council voted to introduce an Ordinance. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY 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 (nonhistoric structures) means removal of more than fifty (50) percent of the exterior walls The FeMaiRiRg eAeFiGF Walls MUSt .,taro eitheF the existing iof3 Ordinance 2295 November 19, 2019 exte ar wall ceye '^gThe following is exempt from this definition: a. Repair. The removal and replacement of in kind non -repairable % OF &,,term wall severing resulting in no change to its exterior appearance or character if approved by the Community Development Director. Wall, exterior means one of the sides of a building connecting foundation and roof. An exterior wall encompasses the total height and width of the side of the building, t'� ems. inter er-er antpr*AF vialI rgve4i4g and the studs/structural elements used in the faming of the wall. Wall covering,,—,t ;�� means the finished surface of an exterior or interior wall. SECTION 11 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 CECtA 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. 2of3 Ordinance 2295 November 19, 2019 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. SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 51h day of November 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 19' day of November 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 SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, ANIA DATE: 2LIFO ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: �5 I 3of3 Ordinance 2295 November 19, 2019