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Ord 1881 - Establishing teh Los Gatos Restoration Program for the Repair, Restoration and Reconstruction of Structures Damaged as a Result of the October 17, 1989 EarthquakeORDINANCE 1881 AN ORDINANCE OF THE TOWN OF LOS GATOS REESTABLISHING THE LOS GATOS RESTORATION PROGRAM FOR THE REPAIR, RESTORATION AND RECONSTRUCTION OF STRUCTURES DAMAGED AS A RESULT OF THE OCTOBER 17, 1989 EARTHQUAKE WHEREAS, a number of property owners have diligently pursued federal, state and local programs to assist in their recovery from the efforts of the Loma Prieta Earthquake; and WHEREAS, the streamline process enabled by Ordinance 1860 is still needed to facilitate the restoration in reconstruction of these properties; and WHEREAS, Ordinance 1800 has ceased to be in effect; and WHEREAS, Ordinance 1860 will expire on December 31, 1991; and WHEREAS, it is necessary to suspend any section of the Town Code or Zoning Ordinance that is inconsistent with the intent and purpose of this ordinance; and WHEREAS, numerous structures within the Town limits have suffered damage caused by the earthquake and the owners of these structures are desirous of repairing, restoring or reconstructing said structure as expeditiously as possible; and WHEREAS, on October 22, 1989, the Town Council expressed the policy of the Town to encourage the repair, restoration and reconstruction of damaged structures so that the Town may return to its appearance as existed prior to the earthquake and directed that procedures be established to facilitate said repair, restoration and reconstruction. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Purpose and Intent This Ordinance is intended to establish procedures and regulations for the repair, restoration, and reconstruction of the structures damaged as a result of the earthquake that occurred on October 17, 1989 or the aftershocks that occurred subsequent to the main earthquake (hereafter "earthquake "). 1 The purpose of this Ordinance is to provide for the expeditious repair, restoration and reconstruction of structures damaged as a result of said earthquake. All reasonable efforts shall be made to restore the facades of the damaged structures or to replicate the facade as it existed prior to the earthquake. The facades of nondescript structures may be modified to include design features that are compatible with other nearby structures and which clearly contribute to the character of the streetscape. SECTION II Establishment of Restoration Committee The Los Gatos Restoration Committee (hereafter 'Restoration Committee ") is hereby established to advise the Planning Director and the Director of Building Services in their joint decision concerning the issuance, denial, revocation or suspension of any permit to demolish, repair, restore or reconstruct any structure damaged as a result of the earthquake. The members of the Restoration Committee shall be the following persons or their designees: 1. Planning Director, 2. Director of Building Services, 3. Town Engineer, 4. Chief of Central Fire District, 5. Chief of Police Department, 6. Director of Parks, Forestry and Maintenance Services, and 7. Town Retained Historic Resources Consultant. The Restoration Committee shall meet on a regular basis and make written recommendations to the Planning Director and the Director of Building Services. The applicant shall be entitled to be present at the meeting of the Restoration Committee with his or her representatives. The duties of the Earthquake Restoration Committee may be delegated to the Development Review Committee. L19 \cnclrpts \extens2.egk 2 SECTION III Reconstruction of Unreinforced Chimneys Unreinforced chimneys damaged by the earthquake shall be reconstructed in accordance with the seismic safety standards set forth in Chapter 37 of the currently adopted edition of the Uniform Building Code, and be made to the satisfaction of the Director of Building Services. SECTION IV Historic Structures Structures that are historically designated or located within a historic district shall not require review by the Historic Preservation Committee or the Planning Commission and shall be reviewed only by the Restoration Committee. SECTION V Demolition Permits Demolition permits for structures damaged by the earthquake shall be approved by the Town Manager, Planning Director and the Director of Building Services only where it has been determined by the Director of Building Services that the structure cannot feasibly be repaired. Before any demolition permit may be issued, the structure shall be photographed, including architectural detail, to the satisfaction of the Planning Director. Any architectural detail uncovered during the demolition shall also be photographed to the satisfaction of a detailed structural analysis in order to assist in determining whether a structure cannot feasibly be repaired. L19 \cnclrpts \extens2.egk 3 SECTION VI Temporary Structures The Planning Director may approve permits for temporary structures on properties where a structure has been damaged by the earthquake and has been determined uninhabitable by the Director of Building Services. The permit for said temporary structure shall be for a limited period of time as determined by the Planning Director and shall be abated by that date unless an extension is granted by the Planning Director. SECTION VII Waiver of Zoning; Ordinance and Town Code Requirements The Planning Director and the Director of Building Services shall have the authority to waive the requirements of the Town Zoning Ordinance and the Town Code to the extent that such provisions are contrary to the intent and purpose of this Ordinance. SECTION VIII Appeals The appeal of any decision by the Planning Director or the Director of Building Services permitted by this Ordinance shall be appealable to the Town Council. The appellant shall file a written notice of appeal with the Town Clerk not more than ten (10) days from the date of the decision. The appeal shall be heard by the Town Council within forty -five (45) days after filing of the notice of appeal. The Town Council may continue from time to time any hearing held. The Town Clerk shall set the hearing date for the appeal and shall give a notice of such hearing to the appellant and publish a notice in a newspaper of general circulation ten (10) days prior to the hearing. When hearing the appeal the Town Council shall consider the staff report, the applicable codes, regulations and standards involved and such additional evidence or Lt 9 \cnclrpts \extens2.egk 4 testimony given at the hearing and may affirm, modify or reverse, in whole or part, the action being appealed. The decision of the Town Council upon the appeal shall be expressed by a written resolution, a copy of which shall be transmitted to the appellant, the Planning Director and the Director of Building Services. If the decision of the Town Council is adverse to that of the Planning Director and the Director of Building Services, the resolution shall contain findings used in making their decision. SECTION IX Waiver of Fees All Town fees for any and all permits associated with the repair, reconstruction, restoration or demolition of any commercial structure located within the Downtown Commercial Historic District damaged as a result of the earthquake shall be paid out of the Baseball Earthquake Fund on a first come first served basis until the fund has been depleted. In the event there is a shortage of Baseball Funds, the property owner shall be responsible for paying fees. SECTION X Non - Applicability The provisions of the Ordinance shall not apply to the repair or construction of any structure that is not to be restored to the appearance of said structure prior to the earthquake. L19 \cnclrpts \extens2.egk 5 SECTION XI The provisions of this ordinance only apply to those properties: 1. for which an application for restoration or reconstruction was on file with the Town on December 31, 1990; or 2. for which an application for funding through the California Disaster Assistance Program was on file with the Town on December 31, 1990. SECTION XII Severabili1y If any sections, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION XIII CEQA Exemption This Ordinance and any permits approved hereunder are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(2) and (3) and Section 21172 and Section 15269 of the CEQA Guidelines. L19 \cnclrpts \extens2.egk 6 SECTION XIV This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 18, 1991, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a adjourned regular meeting of the Town Council on November 25, 1991. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson NAYES: None ABSENT: Brent N. Ventura ABSTAIN: None SIGNED: , MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA L19 \cnclrpts \extens2.egk 7