Ord 2041 - Amending the Zoning Ordinance of the Town Code to better clarify the procedures for historic preservation and the duties of the historic preservation committeeORDINANCE 2041
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO BETTER
CLARIFY THE PROCEDURES FOR HISTORIC PRESERVATION AND THE DUTIES
OF THE HISTORIC PRESERVATION COMMITTEE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Section 29.20.010 is amended to read as follows:
Sec. 29.20.010. Scope.
Divisions 2 through 8 of this article and Division 3 of Article VIII contain the rules and
procedures governing the administration of this chapter.
SECTION II
Town Code Section 29.20.700 (3 1) is amended to read as follows:
(3 1) Determines applications for Minor Residential Development Applications which
include:
(a) Accessory structures in excess of four hundred fifty (450) square feet
(b) New second story additions or additions to an existing second story exceeding
100 square feet.
(c) Reconstruction of a portion of a single family or two - family dwelling with a
nonconforming setback.
(d) Reduction in side /rear yard setbacks for an accessory structure.
(e) Sport court lighting.
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SECTION III
The title of Article VIII is amended to read as follows:
ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
SECTION IV
Town Code Division 3 of Article VIII is amended to read as follows:
DIVISION 3. HISTORIC PRESERVATION AND LIP OR LANDMARK AND HISTORIC
PRESERVATION OVERLAY ZONE
Sec. 29.80.215. Purposes.
It is hereby found that structures, sites and areas of special character or special historical,
architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or
impaired, despite the feasibility of preserving them. It is further found that the public health, safety
and welfare require prevention of needless destruction and impairment, and promotion of the
economic utilization and discouragement of the decay and desuetude of such structures, sites and
areas. 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.
Sec. 29.80.220. Powers and duties of Planning Commission.
The Planning Commission:
(1) Shall recommend to the Town Council, after public hearing, concerning designation
of landmarks and historic districts, as provided in section 29.80.245.
(2) May establish and maintain a list of structures and other landmarks deserving official
recognition although not designated as landmarks or historic districts, and take appropriate measures
for recognition.
(3) Shall hear and determine architecture and site approval applications for demolition
a designated landmark sites and principal buildings in historic districts, as provided in sections
29.80.270 through 29.80.290.
(4) May take steps to encourage or bring about preservation of structures or other
features where the Planning Commission has decided to suspend action on a permit application, as
provided in section 29.80.285.
(5) Shall seek and consider a report from the Historic Preservation Committee when
undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with
or request assistance from the Historic Preservation Committee when undertaking the powers and
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duties set forth in subsections (2) and (4) above.
Sec. 29.80.225. Historic Preservation Committee.
(a) The Historic Preservation Committee acts as an advisory body to the Planning
Commission on all matters pertaining to historic preservation. The Historic Preservation Committee
shall consist of five (5) members, three (3) public members and two (2) Planning Commissioners. The
public members shall be appointed by the Town Council, and the Planning Commission members shall
be appointed by the Planning Commission Chair and affirmed by the Town Council.
(b) The Committee is composed of professional and lay members with demonstrated interest,
competence or knowledge in historic preservation. Committee members shall be appointed from
among the disciplines of architecture, history, architectural history, planning, archeology or other
historic preservation- related disciplines such as urban planning, American studies, American
civilization, cultural geography or cultural anthropology to the extent that such professionals are
available in the community.
Sec. 29.80.227. Powers and duties of the Historic Preservation Committee.
The Historic Preservation Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning
the determination of all matters pertaining to historic preservation which comes before the Planning
Commission.
(2) Review and make recommendations to the Planning Director concerning the
determination of a minor residential development permit for properties with a LHP overlay zone or
structures which were built prior to 1941.
(3) Determine and issue approval for minor residential and commercial exterior alterations
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not covered under the architecture and site approval process or the minor residential development
permit, for designated properties with a LHP overlay zone. Minor exterior alterations consist of
(a) any new construction (excluding accessory structures less than 450 square feet in area
not used for parking or accessory living quarters and not visible from the street),
(b) any new addition and
(c) exterior alterations which require a building permit. This includes but is not limited
to: porches, awnings, bay windows and change in siding.
(4) Upon request of the Planning Director, review pending or proposed building permits
dealing with historic structures when it is questionable that the work proposed meets the guidelines
for pre -1941 structures.
(5) May, on request of the property owner, advise with respect to any proposed work
requiring or not requiring a Town permit on any historic structure, a designated landmark site or in
a designated historic district. Examples of the work referred to are additions, demolitions, painting
and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting
fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and
standards specified in this division and other applicable ordinances and /or development standards.
This subsection does not impose regulations or controls on any property.
Sec. 29.80.230. Designation by ordinance.
(a) The Council may by ordinance designate:
(1) One (1) or more individual structures or other features, or integrated groups of
structures and features on one (1) or more lots or sites, having a special character or
special historical, architectural or aesthetic interest or value, as landmarks, and shall
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designate a landmark site for each landmark; and
(2) One (1) or more areas containing a number of structures having special character or
special historical, architectural or aesthetic interest or value, and constituting distinct
sections of the Town, as historic districts.
(b) Each designating ordinance shall include a description of the characteristics of the
landmark or historic district which justify its designation, and a list of any particular features in
addition to those features which would be affected by work described in section 29.80.260 that are
to be preserved, and shall specify the location and boundaries of the landmark site or historic district.
(c) A lot zoned LHP may only be used in the manner provided in the underlying zone,
however, the Town Council, on the basis of the evidence submitted at the hearing, may permit an
existing use not otherwise permitted in the underlying zone to continue providing the Council makes
the following findings:
(1) The use has been legal and continues to operate in a manner that is not detrimental to
other uses in the general vicinity;
(2) There is no history of complaints about the use;
(3) Removal of the use to another location would effectively end the significance of the
historical designation on the property; and
(4) The use has been legally and continuously operating for at least fifty (50) years.
The specific use and the findings to support its continuance shall be incorporated in the designating
ordinance.
(d) If the use permitted by subsection (c) above is discontinued for one hundred eighty (180)
consecutive days, the use shall not be resumed and the use of the property shall conform with the
provisions of the underlying zone. Token use does not toll or interrupt a period of discontinuance.
(e) The property designated shall be subject to the controls and standards contained in this
division. In addition, the property shall be subject to the following further controls and standards if
imposed by the designating ordinance:
(1) For a publicly owned landmark, review of proposed changes in major interior
architectural features.
(2) For a historic district, such further controls and standards as the Council finds
necessary or desirable, including but not limited to facade, setback and height
controls.
(f) The Council may amend or rescind a designation only by ordinance, after Planning
Commission and Council hearings as required for original designations.
Sec. 29.80.235. Initiation of designation.
Initiation of designation proceedings shall be by resolution of the Council or Planning
Commission. The date of initiation is the date the resolution is adopted.
Sec. 29.80.240. Procedure.
Except as provided by this division the proceedings for LHP or landmark and historic
preservation overlay zone designation are the same as for any other zoning of land.
Sec. 29.80.245. Hearing by Planning Commission for proposed historic designation.
Notices required by sections 29.20.560 and 29.20,565, shall be mailed.
(1) Action and time limit. The Planning Commission shall consider the degree of
conformity of the proposed designation with the purposes and standards of this
division and the general plan. The Planning Commission shall determine the matter
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within one hundred twenty (120) days after the initiation of designation proceedings.
(2) Notice of action. The Planning Commission shall promptly notify the property owner
of action taken. If the Planning Commission approves or modifies the proposed
designation in whole or in part, it shall transmit the proposal, together with a copy of
the resolution of approval, to the Council.
Sec. 29.80.250. Notice of designation by Council.
When a landmark or historic district has been designated by the Council, the Town Clerk shall
promptly notify the owners of the property included therein.
Sec. 29.80.255. Conformity required.
Construction, alteration, demolition or removal work for which a Town permit is required is
prohibited on a designated landmark site or in a designated historic district unless approval by the
deciding body has been granted as provided in sections 29.80.260 through 29.80.300, or unless the
work conforms with the provisions of section 29.80.310.
Sec. 29.80.260. Permit required.
No person shall do any work listed below without first obtaining the required planning
approval:
(1) Exterior alteration to a designated landmark, property in an historic district or pre-
1941 structure consisting of any construction, addition, demolition, restoration or
rehabilitation.
(2) Interior alterations that would affect the exterior of a designated landmark, a
structure in an historic district or a pre -1941 structure.
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(3) Construction of any type on a landmark site or within a historic district unless
excepted by the designating ordinance, or of a type which does not affect the exterior
appearance of the site, district or any structure on the site or in the district.
Sec. 29.80.265, Application for permit.
Applications for architecture and site approval, a minor residential development permit or
minor historic development permit, shall include plans and specifications showing the proposed
exterior appearance, color and texture of materials, and the proposed architectural design of the
exterior of the structure. Where required by the deciding body, applications shall also show the
relationship of the proposed work to the environs.
Sec. 29.80.280. Decision
The Planning Commission shall consider any report from the Historic Preservation Committee
and shall ascertain whether the proposed work conforms to this chapter and to the provisions of the
designating ordinance.
Sec. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be
granted unless:
(1) On landmark sites, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the landmark (and, where specified
in the designating ordinance for a publicly owned landmark, its major interior
architectural features) nor adversely affect the character of historical, architectural or
aesthetic interest or value of the landmark and its site.
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(2) In historic districts, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of
the application, nor adversely affect its relationship, in terms of harmony and
appropriateness, with its surroundings, including neighboring structures, nor adversely
affect the character, or the historical, architectural or aesthetic interest or value of the
district.
(3) For pre -1941 structures, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of
the application.
In any event applications shall not be granted for work which violates standards included in
the designating ordinance or pre -1941 design guidelines.
Sec. 29.80.295. Exemptions for reconstruction.
Reconstruction of a designated structure shall be exempt from setback and height
requirements if it is rebuilt as originally constructed, except for modifications approved in the permit.
Sec. 29.80.297. State Historical Building Code.
The California State Historical Building Code (SHBC) provides alternative building
regulations for the rehabilitation, preservation, restoration or relocation of structures designated as
cultural resources. As required by state law, the SHBC shall be used if the property owner requests
its use for historic buildings in the Town's building permit procedure.
Sec. 29.80.300. Showing of hardship in cases of proposed alterations, demolitions or
construction.
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If the applicant presents facts clearly demonstrating to the satisfaction of the Planning
Commission that failure to approve the application will work immediate and substantial hardship
because of conditions peculiar to the particular structure or other feature involved, the Planning
Commission may approve the application even though it does not meet the standards set forth in
either the enabling or designating ordinance.
Sec. 29.80.305. Applicability for proposed historic designation.
(a) No application for a permit to construct, alter, demolish or remove any structure or other
feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of
initiation of proceedings to designate the landmark site or historic district, shall be approved while
the proceedings are pending; provided, however, that if final action on the designation has not been
completed one hundred eighty (180) days after initiation of designation proceedings, the permit
application may be approved.
(b) The regulations of this division do not apply to the construction, alteration, demolition or
removal of any structure or other feature on a landmark site or in a historic district, where a permit
for the performance of such work was validly issued and used before initiation of proceedings for
designation of the landmark site or historic district. For the purpose of this subsection, a permit is
used if substantial construction work specifically for the purpose for which the permit is issued is
lawfully performed after the permit is issued, and in reliance on the permit. (The term "construction"
includes grading.)
Sec. 29.80.310. Unsafe or dangerous conditions.
None of the provisions of this division shall prevent any measures of construction, alteration,
or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature,
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or part thereof, where such condition has been declared unsafe or dangerous by the Building Official
or the Fire Marshal, and where the proposed measures have been declared necessary, by such official
to correct the condition; provided, however, that only such work as is absolutely necessary to correct
the unsafe or dangerous condition and as is done with due regard for preservation of the appearance
of the structure involved may be performed pursuant to this section. If any structure or other feature
is damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the
aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with
normal permit procedures and applicable laws.
Sec. 29.80.315. Duty to keep in good repair.
The owner, lessee, and any other person in actual charge or possession of a pre -1941
structure, designated landmark or structure in the LHP or landmark and historic preservation overlay
zone shall keep all of the exterior portions in good repair as well as all of the interior portions which
are subject to control by the terms of the, designating ordinance, and all portions whose maintenance
is necessary to prevent deterioration or decay of any exterior portion.
SECTION V
Town Code Section 29.20.285 is added to read as follows:
Sec.29.20.485. Administrative procedure for minor historic projects.
This procedure is established for review of minor historic residential or commercial projects
not covered under the architecture and site approval process or the minor residential development
permit for designated properties with a LHP overlay zone. This process shall be used by the Historic
Preservation Committee and the Planning Director.
(a) An application with no fee is submitted.
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(b) The deciding body reviews the application using the designating ordinance as well as
the Town Code requirements.
(c) The following projects will be considered under this administrative procedure.
(1) Additions to an existing second story residence where the additional area will
be 100 square feet or less.
(2) New residential accessory structures less than 450 square feet in area
(exception: structures not used for parking vehicles or accessory living
quarters, that are not visible from the street. A building permit may be
required for this work).
(3) Additions to the first floor of a residence.
(4) Additions, alterations, restoration or rehabilitation of various structural
elements.
(5) Window modifications (ie: new dormer windows and bay windows).
(d) The following projects do not fall under this application and can be approved by the
Planning Director through the building permit process provided it meets Town Code
and the designating ordinance requirements:
Building repairs including replacement of exterior siding, windows, trim, and roof
materials where the repair work or replacement matches the original building form
and materials.
SECTION VI
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 20, 1998 and adopted by the following vote as an ordinance of the Town of Los
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Gatos at a regular meeting of the Town Council of the Town of Los Gatos on February 2, 1998. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT None
ABSTAIN: None
SIGNED: �~—
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
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