Staff Report
PREPARED BY: JENNIFER ARMER
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2019
ITEM NO: 9
DATE: MAY 29, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-19-003. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING DEMOLITION REGULATIONS.
RECOMMENDATION:
Introduce an Ordinance (Attachment 4), by title only, effecting amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding demolition regulations.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and associated costs for businesses and
residences. Following a brief discussion, the Policy Committee provided direction to bring back
demolition regulations for further discussion.
On April 9, 2019, the Policy Committee reviewed potential demolition regulation modifications
proposed to address the difficulty that design professionals and property owners often find when
trying to comply with the Town’s demolition regulations. Most frequently these difficulties arise
around complying with the contiguity requirement or addressing structural or material damage
discovered during construction. Either case can lead to increased time, costs, and design
modifications that don’t meet the needs of the property owner. Currently, the code contains
three exemptions for historic structures that are not allowed for non-historic buildings. When the
contiguity requirement is not met, or non-repairable damage is discovered (that if repaired would
trigger a demolition), then the property owner must go through the discretionary Architecture and
Site Application process for a technical demolition (new house) which leads to increased
processing time and costs when compared to a non-discretionary Building Permit process.
PAGE 2 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING DEMOLITION REGULATIONS
DATE: MAY 29, 2019
S:\COUNCIL REPORTS\2019\06-04-19\Demolition Regulations\Staff Report.docx
BACKGROUND (continued):
The Policy Committee recommended changes for consideration by the Planning Commission and
Town Council, to remove the contiguity requirement and allow the repair exception for non-
historic homes. Their discussion also included support for one of the additional topics for
consideration, which was to add existing chimneys as an exclusion from the existing wall area.
Time permitting, the Committee requested that the Historic Preservation Committee (HPC) be
provided an opportunity to review the proposed modifications relating to historic structures.
On April 24, 2019, the HPC considered the potential changes as they would apply to historic
structures. The verbal public comment received included a concern that the existing walls
proposed to remain could be divided into multiple non-contiguous “slivers.”
After discussing the matter, the HPC recommended approval of the changes as recommended by
the Policy Committee.
DISCUSSION:
A. Planning Commission
On May 22, 2019, the Planning Commission reviewed the proposed Town Code amendments
from the Policy Committee (Attachment 1, Exhibit 7) that would:
• Remove the contiguity requirement from the demolition definitions for non-historic and
historic homes; and
• Allow an exception to the demolition requirements for repair of non-historic homes.
The public comment received at the Planning Commission hearing included:
• Support for the proposed changes;
• Descriptions of difficulties with the contiguity requirement;
• Example projects where non-repairable walls were retained and encased with new
construction because there was no exception for non-historic structures;
• Specific recommended changes to the draft language; and
• Support for the change to the demolition affidavit so that chimneys would be excluded
from the calculation of existing wall area (as windows and doors currently are).
Attachment 2 contains the verbatim minutes for the Planning Commission meeting.
PAGE 3 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING DEMOLITION REGULATIONS
DATE: MAY 29, 2019
S:\COUNCIL REPORTS\2019\06-04-19\Demolition Regulations\Staff Report.docx
DISCUSSION (continued):
The Planning Commission recommended modifications to the Policy Committee’s draft
ordinance language based on public comments and discussion at the hearing (see draft
Ordinance, Attachment 4). The specific edits recommended by Planning Commission are only
within the new language allowing for repair of non-historic structures. These recommended
modifications are shown below with additions underlined and deletions shown in
strikethrough:
Repair. The removal and replacement of in kind non-repairable exterior and/or interior
wall covering resulting in no change to its exterior appearance or character if approved
by the deciding body Community Development Director.
In addition to these specific recommended changes, the Planning Commission also expressed
support for a reconsideration of larger concepts within the demolition definition, specifically
whether interior wall structure (framing) might be considered in place of wall surface material
when retaining existing walls, as was mentioned during the public comment period of the
hearing. If the Town Council determines that this concept should be considered, staff
recommends that this matter be referred to the Policy Committee for discussion.
B. Public Outreach
Public input has been requested through the following media and social media resources:
• An eighth-page public notice in the newspaper;
• A poster at the Planning counter at Town Hall;
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s Nextdoor page.
In addition, interested architects and the following organizations have been contacted
regarding the amendments:
• American Institute of Architects (AIA) Silicon Valley;
• Santa Clara County Association of Realtors (SCCAR); and
• Silicon Valley Association of Realtors (SILVAR).
PAGE 4 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING DEMOLITION REGULATIONS
DATE: MAY 29, 2019
S:\COUNCIL REPORTS\2019\06-04-19\Demolition Regulations\Staff Report.docx
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061 (b) (3)] (Attachment 3);
2. Make the required finding that the amendments to Chapter 29 of the Town Code regarding
demolition regulations are consistent with the General Plan (Attachment 3); and
3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town
Code regarding demolition regulations A-19-003 (Attachment 4), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of
the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with certainty
that there is no possibility that the proposed amendments to the Town Code will have a significant
effect on the environment.
COORDINATION:
The evaluation of the application was coordinated with the Town Attorney.
PUBLIC COMMENTS:
No written public comments have been received.
Attachments:
1. May 22, 2019 Planning Commission Staff Report with Exhibits 1 - 8 (48 pages)
2. May 22, 2019 Planning Commission Verbatim Minutes (31 pages)
3. Required Findings (one page)
4. Draft Ordinance (four pages)