Attachment 4
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING DEMOLITION REGULATIONS
WHEREAS, the Town Council would like to streamline the land use process to reduce
the time and cost impacts for businesses and residences;
WHEREAS, the current definition of demolition within Town Code allows a repair
exception to the demolition regulations only for historic homes, not non-historic homes;
WHEREAS, the current definition of demolition within Town Code includes a contiguity
requirement which design professionals and property owners often find difficult to implement;
WHEREAS, the proposed modifications will allow greater flexibility for good design and
repair without triggering technical demolition;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on May 22, 2019;
WHEREAS, on May 22, 2019, the Planning Commission reviewed and commented on
the proposed amendments regarding the land use appeal process and forwarded a
recommendation to the Town Council for approval of the proposed amendments with
modifications;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 4, 2019; and
WHEREAS, on June 4, 2019, the Town Council reviewed and commented on the
proposed amendments regarding land use appeals and the Town Council voted to introduce an
Ordinance.
ATTACHMENT 4
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
2
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.020 of Town Code Chapter 29 are hereby amended to read as follows:
Sec. 29.10.020. - Definitions.
…
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.
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Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the
exterior walls. The remaining exterior walls must be contiguous and must maintain retain either
the existing interior or existing exterior wall covering. The following is exempt from this definition:
a. Repair. The removal and replacement of in kind non-repairable exterior and/or
exterior wall covering resulting in no change to its exterior appearance or character
if approved by the Community Development Director.
…
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 4, 2019, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on June 18, 2019 and
becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
(15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
S:\COUNCIL REPORTS\2019\06-04-19\Demolition Regulations\Attachment 4 - Draft Ordinance.doc