Exhibit 6 - Demolition Affidavit, signed April 30 2024DEMOLITION AFFIDAVIT
Historic Structures (Located in an historic district, on an historic site, or constructed prior to 1941)
Demolition: The definition of demolition as set forth in Section 29.10.020 of the Zoning Regulations is
attached.
Demolition (historic structures) means:
•Removal of more than twenty-five (25) percent of the wall area facing a public street(s) and/or fifty (50)
percent of all exterior wall area; or
•Enclosure or alteration of more than twenty-five (25) percent of the wall area facing a public street and/or
fifty (50) percent of the exterior wall area so that they no longer function as exterior walls.
All remaining exterior walls must retain the existing exterior wall covering. No new exterior wall covering shall
be permitted over the existing exterior wall covering. There are exemptions for replacement, repair, or
removal. Please see Section 29.10.020 for exemptions.
•Exterior wall covering means the exterior finished surface of an exterior wall (i.e. stucco, siding, or shingles).
NonHistoric Structures Demolition: The definition of demolition as set forth in Section 29.10.020 of the
Zoning Regulations is attached.
Demolition (nonhistoric structures) means:
•Removal of more than fifty (50) percent, as measured linearly, of all exterior walls.
•An exterior wall encompasses the total height and width of the studs/structural elements used in framing
the side of the building.
•Measurement of existing exterior walls, for the purpose of demolition calculation, is a linear measurement
of the perimeter of each floor of the building (the perimeter of the first floor plus the perimeter of the
second floor).
There is an exemption for repair. Please see Section 29.10.020 for the exemption.
Additional Information:
•Dry rot or any other damage does not exempt the project from any provision set forth by Section
29.10.09030. If you find dry rot and need to repair it, STOP WORK and contact the Planning Division at
(408) 354-6872 to discuss the changes BEFORE YOU PROCEED.
•If you encounter an unanticipated situation that changes the scope of work, STOP WORK and contact the
Planning Division at (408) 354-6872 to discuss the changes BEFORE YOU PROCEED.
•The installation of new doors or windows within existing door and window openings does not count as
demolition.
•Existing exterior wall framing may not be removed from the existing wall plane, stored elsewhere, and/or
replaced.
•Existing exterior wall framing must remain within the existing wall plane.
•The height of the existing wall framing may be increased to accommodate a taller plate height if kept within
the existing wall plane.
•The existing top and bottom plate of the wall framing shall remain, and portions may not be removed. If
cut, this section of wall framing will be counted as removed.
•Existing exterior wall framing may be lifted if kept within the existing wall plane to be attached to a new
foundation or below-grade square footage.
I have read and understand all the information on this page:
_________________________________________ __________________________________________
Property Owner (Sign & Date) Architect of Record (Sig & Date)
_________________________________________ __________________________________________
Engineer of Record (Sign & Date) Contractor of Record (Sign & Date)
4/30/2024
EXHIBIT 6
The information contained in this application is considered part of the public record. Therefore, it will appear in both
the public record file for the site address, which is available upon request, and on the permitting system on the official
Town of Los Gatos website at www.losgatosca.gov. Rev. 8/12
DEMOLITION AFFIDAVIT (continued)
Read this entire page, initial by your title, sign, and date at the bottom.
__________ Property Owner: I certify that I have reviewed the proposed plans and understand all the
implications of the proposed scope of work as it pertains to the demolition affidavit. I understand that an
unlawful demolition will result in a stop work order, fee penalties, and additional review (as a new structure)
as prescribed by the Town. Furthermore, I am ultimately responsible for all persons working on this project.
__________ Architect of Record: I certify that I have reviewed the project demolition plan/colorized
elevations and verify that it is accurate, does not propose a demolition as defined by the Town, and that the
structural plans do not conflict with the demolition plans. I understand that an unlawful demolition will result
in a stop work order, fee penalties, and additional review (as a new structure) as prescribed by the Town. This
certification does not apply to work of any other consultant or contractor that is inconsistent with the plan
that I have prepared or otherwise approved for this project.
__________ Engineer of Record: I certify that I have reviewed the project demolition plan/colorized
elevations, and the structural plans do not conflict with the demolition plans. I understand that an unlawful
demolition will result in a stop work order, fee penalties, and additional review (as a new structure) as
prescribed by the Town. This certification does not apply to work of any other consultant or contractor that is
inconsistent with the plan that I have prepared or otherwise approved for this project.
__________ Contractor of Record: I certify that I have reviewed the proposed plans and understand all the
implications of the proposed scope of work as it pertains to the demolition affidavit. I certify that I have
reviewed the project demolition plan/colorized elevations, and the structural plans do not conflict with the
demolition plans. I understand that an unlawful demolition will result in a stop work order, fee penalties, and
additional review (as a new structure) as prescribed by the Town.
I, Engineer of Record, Architect of Record, Property Owner, and Contractor of Record, hereby certify that I
have read and fully understand Section 29.10.020 of the Town Code (attached) concerning the definition of
an historic structure and the definition of a demolition and that I have read and fully understand Section
29.10.09030 (f) through (I) of the Town Code (attached) concerning penalties associated with unlawful
demolition. I understand that if an unlawful demolition occurs, this application and permit will be subject
to an additional development review process including a public hearing for which new requirements may be
imposed and any existing nonconforming conditions will need to be addressed. New requirements may
include undergrounding of electrical service, sidewalk improvements, and right-of-way dedication.
This property is is not historic.
PROJECT ADDRESS
Building Permit Number
Engineer of Record (sign, print, and date)
Property Owner (sign, print, and date)
Architect of Record (sign, print, and date)
Contractor of Record (sign, print, and date)
4
16590 Garden Lane, Los Gatos, CA 95032
SB
Sunayana Bedi 4/30/2024
B23-0805
Excerpts from Los Gatos Town Code
Chapter 29
Section 29.10.020
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 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 may be 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.
Demolition (non historic structures) means removal of more than fifty (50) percent of the exterior walls. The
following is exempt from this definition:
a. Repair. The removal and replacement of in kind non-repairable wall resulting in no change to its exterior
appearance or character if approved by the Community Development Director.
Excerpts from Los Gatos Town Code
Chapter 29
Section 29.10.09030
Sec. 29.10.09030. Demolitions.
(a) Scope. Applications for demolition permits (Uniform Building Code, section 301(a), or any successor
section) filed with the Building Department shall be submitted to the Planning Director for approval unless
such permit is required as part of a code enforcement action by the Building Official, Council, or other
authorized agency.
(b) Approval of permits. The Planning Director may approve the demolition permit application if:
(1) It is accompanied by a building permit for a replacement structure which meets all town
regulations and has received all required approvals, or
(2) It is for demolition of an accessory building or structure.
(c) Demolition of historic structures. A demolition permit for a historic structure may only be approved if:
(1) The structure poses an imminent safety hazard; or
(2) The structure is determined not to have any special historical, architectural or aesthetic interest
or value.
Any request to demolish an historic structure shall be reviewed by the Historic Preservation Committee. All
applications to demolish an historic structure which has been identified as a contributor to an existing historic
district, a potential historic district, or is eligible for local designation shall be accompanied by a detailed
report describing all aspects of the structure's physical condition and shall incorporate pertinent information
from the Town's Historic Resources Inventory describing the structure's historical and architectural
characteristics. This report shall be prepared by a qualified person knowledgeable in historic preservation
under contract with the Town at the applicant's expense. Applications for all other historic structures
proposed for demolition shall be accompanied by a detailed report describing all aspects of the structure's
physical condition prepared by an architect, licensed design professional or registered civil engineer at the
applicant's expense.
(d) Architecture and site approval required. Issuance of a demolition permit requires architecture and site
approval if:
(1) The conditions of subsection (b)(1) are not met, or
(2) An application is for demolition of an accessory building or structure and the Planning Director
determines for any reason that the accessory building or structure ought not to be demolished.
(e) Findings. In architecture and site approval proceedings, the deciding body shall consider:
(1) Maintaining the Town's housing stock.
(2) Preservation of historically or architecturally significant buildings or structures.
(3) Property owner's desire or capacity to maintain the structure.
(4) Economic utility of the building or structure.
(f) Verification that work will not result in a demolition: Prior to issuance of a building permit and/or zoning
approval for an addition where the work will result in the removal of over forty (40) percent of the exterior
walls, the developer shall submit written verification from a registered structural engineer, certifying that the
exterior walls shown to remain are structurally sound and will not be required to be removed for the addition.
Prior to issuance of a building permit, the property owner and contractor shall sign an affidavit to the town
that they are aware of the town's definition of a demolition and the penalties associated with an unlawful
demolition.
(g) Penalties for unlawful demolition: A property owner who has unlawfully demolished a structure shall:
(1) File the required Planning and Building Department applications and pay the required fees as
established by resolution for new applications and for work unlawfully completed.
(2) Be subject to the greater of the following penalties set by the Planning Director as an
administration order:
a. If the structure has a Landmark Historic Preservation designation a fine equaling fifteen (15)
percent of the building permit valuation at the time of demolition, as determined by the Planning Director; or
b. If the structure was an historic residence and does not have a Landmark Historic Preservation
overlay zone, the fine shall be equal to ten (10) percent of the building permit valuation at the time of
demolition, as determined by the Planning Director.
If no building permit was issued, the fine shall be assessed on the building permit filed for the replacement
structure.
(3) In all cases, no changes to the previously approved plans may be made except as determined by
the Planning Director to meet current zoning and building code requirements. No building permits for new
construction at this site shall be approved until the required applications have been filed and approved and
the required penalty fee has been paid.
(h) Collection of penalty fees. The Town may collect the assessed penalty fees by use of all legal means
including the recordation of a lien.
(1) Whenever the amount on the penalty fee pursuant to this chapter has not been satisfied in full
within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this
obligation may constitute a lien against the real property on which the violation has occurred.
(2) The lien provided herein shall have no force and effect until recorded with the county recorder.
Once recorded, the administration order shall have the force and effect and priority of a judgment lien
governed by the provisions of sections 697.340 of the Code of Civil Procedure and may be extended as
provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
(3) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to
law.
(4) Prior to recording any such lien, the Planning Director shall prepare and file with the Town Clerk a
report stating the amounts due and owing.
(5) The Town Clerk shall fix a time, date and place for hearing such report and any protests or
objections thereto by Town Council.
(6) The Planning Director shall cause written notice to be served on the property owner not less than
ten (10) days prior to the time set for the hearing.
a. Demolition for Corrective Maintenance. If during the construction process for an approved
construction the developer has determined that the structure is in a deteriorated condition that cannot be
repaired, an architecture and site application can be filed requesting a demolition without a penalty provided
the following conditions have been met:
1. Construction work has ceased, and
2. The work completed prior to filing the application does not classify as a demolition, and
3. Documentation has been provided to justify the necessity of the demolition, and
4. No changes to the previously approved plans will be made except as determined by the Planning
Director to meet current zoning and building code requirements. If a planning filing fee was paid for the
original addition, this fee shall be credited to the architecture and site application fee. If the Development
Review Committee determines that the application cannot be approved, the applicant shall pay the credited
fee for the architecture and site application if the application is appealed to the Planning Commission.
(j) Salvage of Building Materials. When demolition of a structure is allowed, the town shall provide the
developer of the structure to be demolished with information about the salvaging of building materials. At
least ten (10) days prior to the date when the demolition is scheduled to commence, the developer shall
provide the Planning Director with written notice, and an advertisement published in a newspaper of general
circulation, of the availability of materials for salvage, including the name and telephone number of a contact
person. Upon request, the Planning Director may make this information available to persons who may be
interested in contacting the owner(s) to arrange for possible salvage of building materials. No salvaging of
materials shall occur until a demolition permit has been approved by the Building Department.
(Ord. No. 1316, §§ 3.65.010--3.65.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1789, § V, 5-15-89; Ord. No.
1887, § I, 2-3-92; Ord. No. 2083, § I, 5-7-01; Ord. No. 2285, § I, 6-18-19; Ord. No. 2295, § I, 11-19-19)
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