Attachment 8 - Demolition AffidavitDEMOLITION AFFIDAVIT
Non - Historic Structures (Not in an historic district or on an historic site and/or constructed after 1941)
Demolition: The definition of demolition as set forth in Section 29.10.020 is attached.
Demolition of a structure means:
• Demolition of more than fifty (50) percent of all exterior wall areas.
• Failure to maintain a contiguous (connecting without a break) portion of existing exterior wall area that is
50% or more of the total exterior wall area.
• The remaining exterior wall area must maintain either the existing interior or existing exterior wall covering.
Demolition: The definition of demolition as set forth in Section 29.10.020 is attached.
Demolition of an historic structure 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 wall area must be contiguous. No new exterior wall covering shall be permitted over the
existing exterior wall covering. There are exceptions for replacement, repair, or removal. Please see Section
29.10.020 for exceptions.
Additional Information:
• When a section of an exterior wall has both the interior and exterior wall covering removed, this section of
wall is considered demolished, even if the structural components (i.e. studs or sheathing) of the wall remain,
except for historical structures.
• 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 !I
Planning Division at (408) 354 -6872 to discuss the changes BEFORE YOU PROCEED.
• Exterior wall covering means the finished surface of an exterior wall (i.e. stucco, siding or shingles).
• Interior wall covering means the finished surface of an interior wall (i.e. sheetrock or plaster).
• Exterior wall means the side of a building connecting foundation and roof. A wall encompasses the total
height and width of the side of the building, the exterior or interior wall covering, and studs /structural
elements used in framing the wall.
• Existing wall area does not include existing door and window openings.
• If the connection from the roof all the way to the foundation is broken, contiguity is broken. A one foot
minimum connection is typically required to qualify as contiguous.
I have read and understand all the information on this page:
Property
Owner (sign and date)
Architect of Record sin
and date)
Engineer
of Record (sign and date)
Contractor of Record (sign
and date
ATTACHMENT 8
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 (i) through (1) 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.
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
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. osca.gov. Rev. 8/12
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 be contiguous and 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 remaining exterior walls must be contiguous and must maintain either the
existing interior or existing exterior wall covering.
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 rime, 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.
0) 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)
NADEVTORMSTIl ing\2014 -15 Fo=\Demolition A%davit.docz 7/012014