Attachment 1PREPARED BY: JENNIFER ARMER
Senior Planner
Reviewed by: Economic Vitality Manager, Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/22/2019 ITEM NO: 4
DATE: MAY 17, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR 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:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding demolition regulations.
CEQA:
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.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
That the amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back demolition
regulations for further discussion.
ATTACHMENT 1
PAGE 2 OF 5 SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING DEMOLITION/A-19-003 MAY 17, 2019
BACKGROUND (continued):
Potential demolition regulation modifications was one of the topics identified by staff as an
opportunity to streamline the land use process and costs for residences.
On April 9, 2019, the Policy Committee reviewed potential demolition regulation modifications,
including adding existing chimneys as an exclusion from the existing wall area, and
recommended approval with review by the Historic Preservation Committee for modifications
relating to historic structures.
On April 24, 2019, the Historic Preservation Committee (HPC) considered the potential changes,
as they would apply to historic structures. The verbal public comment received included a
concern that 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:
Design professionals and property owners often find it difficult to comply with the Town’s
demolition regulations, and more specifically the contiguity requirement. This can lead to
increased costs for plan revisions and design modifications that don’t meet the needs of the
property owner. Alternatively, the property owner can decide to 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.
Another challenge that arises during the construction process, for an approved remodel of a
non-historic house, is structural or material damage that is not discovered until construction
has begun. Currently, there are three exemptions for historic structures relating to
replacement, repair, and removal, as outlined in Exhibit 7. Under the current requirements,
non-historic buildings don’t allow any of these exemptions. When non-repairable damage is
discovered, that if repaired would trigger a demolition, then the property owner must go
through the Architecture and Site Application process for a technical demolition (new house)
which leads to increased processing time and costs.
A. 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;
PAGE 3 OF 5 SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING DEMOLITION/A-19-003 MAY 17, 2019
DISCUSSION (continued):
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s NextDoor page.
In addition, 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).
B. Existing Town Code
Existing Town Code Section 29.10.020 defines demolition separately for historic structures
and nonhistoric structures as defined below:
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 (ie: new window and or window relocation) of more than
twenty-five (25) 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.
PAGE 4 OF 5 SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING DEMOLITION/A-19-003 MAY 17, 2019
DISCUSSION (continued):
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 either
the existing interior or existing exterior wall covering.
C. Existing Demolition Affidavit
Per Town Code Section 29.10.09030(f), the Demolition Affidavit must be signed by the
property owner and contractor prior to building permit submittal if the proposed work will
result in the removal of over forty (40) percent of the exterior walls. The purposed of this
affidavit is to show that they are aware of the Town's definition of a demolition and the
penalties associated with an unlawful demolition. The Town’s current Demolition Affidavit
is included as Exhibit 4, Attachment 3.
D. Proposed Town Code Amendments
Based on the concerns raised above, as recommended by the Policy Committee and the
Historic Preservation Committee, staff has prepared potential Town Code amendments,
(Exhibit 7) for Planning Commission’s consideration. These amendments would allow for
more remodels to be processed as Building Permits and provide non-historic houses similar
flexibility as historic houses when non-repairable circumstances arise. The potential
amendments, shown in strike through and underline font, would make the following
changes:
• 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.
PUBLIC COMMENTS:
Public comments received by 11:00 AM, Friday, May 17, 2019 are included as Exhibit 8.
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, and recommendation of the
Historic Preservation Committee, staff recommends that the Planning Commission review
the information included in the staff report and forward a recommendation to the Town
Council for approval. The Commission should also include any comments or recommended
changes to the draft Ordinance in taking the following actions:
PAGE 5 OF 5 SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING DEMOLITION/A-19-003 MAY 17, 2019
CONCLUSION (continued):
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)] (Exhibit 1);
2. Make the required finding that the amendments to the Town Code (Zoning Regulations)
are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to Chapter 29 of the Town Code (Exhibit 7).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code with modifications; or
2. Forward a recommendation to the Town Council for denial of the proposed
amendments to Chapter 29 of the Town Code; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 26, 2019 (three pages)
3. Town Council Policy Committee Report, February 26, 2019 (12 pages)
4. Town Council Policy Committee Report, April 9, 2019 (10 pages)
5. Historic Preservation Committee Minutes, April 24, 2019 (six pages)
6. Historic Preservation Committee Report, April 24, 2019 (three pages)
7. Draft Amendments to Chapter 29 of the Town Code (one page)
8. Public Comments Received before 11:00 a.m., Friday, May 17, 2019
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PLANNING COMMISSION – May 22, 2019 REQUIRED FINDINGS FOR:
Town Code Amendment Application A-19-003
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
demolition regulations.
FINDINGS
Required Findings for CEQA:
•It has been determined 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).
Required Findings for General Plan:
•The proposed amendments to Chapter 29 of the Town Code regarding demolition
regulations are consistent with the General Plan.
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 04/09/2019
ITEM NO: 1
MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING
FEBRUARY 26, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on Thursday,
February 26, at 5:00 p.m.
MEETING CALLED TO ORDER
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Rob Schultz, Town Attorney; Joel Paulson, Community Development Director;
Matt Morley, Parks and Public Works Director; Shelley Neis, Town Clerk.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the January 24, 2019 Council Policy Committee Minutes.
Approved.
2.Provide direction on Commission Appointment Policy 2-11 in relation to Commissioner
interviews, and the Town Agenda Format and Rules Policy 2-01 regarding remote meeting
participation.
Shelley Neis, Town Clerk, presented the staff report.
Maria Ristow
-Commented on remote participation and requested the Council consider requiring that
applicants must attend a Commission meeting before applying.
After discussion the Committee directed staff to forward the two Policies to Council with the
following recommendation:
-Allow a submission letter and remote participation for interview purposes only for
incumbents.
-Suggested language from the Town Attorney regarding special meeting times.
-Suggested number of allowed remote meeting participation that is less than half as there
was not consensus on the number.
EXHIBIT 2
PAGE 2 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
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Chair Jensen moved Items #4 and #5 before Item #3.
3. Provide direction on potential land use streamlining modifications.
Joel Paulson, Community Development Director, presented the staff report.
Bess Weirsema, Studio 3
- Requested the design professional community have a seat at the table to discuss potential
modifications to land use processes and permitting and commented on the demolition
regulations.
Jennifer Crutchmer
- Commented on the demolition regulations.
Tony Jeans
- Requested the design professional community have a seat at the table to discuss potential
modifications to the demolition regulations and streamlining land use processes.
Jay Plett
- Commented on the demolition requirements and requested the demolition policy be
streamlined.
Dave Ziccovich
- Commented on the demolition policy and requested the demolition policy be streamlined.
Catherine Somers
- Commented on streamlining processes to allow business to open within three months and
consider a deciding body policy.
After discussion the Committee directed staff to look at how the accessory dwelling unit (ADU)
ordinance interacts with other regulations, how the hillside and historical regulations interact
with other regulations, and to bring the demolition regulations and policy to the next meeting.
4. Provide direction on potential modifications or updates to the Traffic Impact Mitigation
Ordinance, Policy, and Fees.
Matt Morley, Parks and Public Works Director, presented the staff report.
Maria Ristow
- Suggested an alternative to exceptions, a traffic demand mitigation (TDM) or some way to
waive the fees if the traffic is mitigated.
PAGE 3 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
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Item #4 – continued
After discussion, the Committee identified that Town Code Section 15.70.030(c)(5) enables the
Town Council to consider unusual circumstances and approve a deviation from the Traffic
Policy. The Committee directed staff to bring the requested fee modification to the Town
Council for its consideration consistent with this provision.
5.Receive information on the development of Arborist Report Standards.
Joel Paulson, Community Development Director, presented the staff report.
Dave Weismann
-Commented on the prolonged timeline for the development of arborist standards.
Refer the item to the Town Manager to discuss with the Mayor to determine if the item will be
placed on a future Council agenda for discussion.
6.Determine meeting schedule for 2019 (verbal discussion only).
The Committee chose the second Tuesday of each month at 5:00 p.m. The next meeting will be
March 12, 2019.
ADJOURNMENT
The meeting adjourned at 6:08 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Town Clerk
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EXHIBIT 3
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 4/9/2019
ITEM NO: 2
DATE: APRIL 2, 2019
TO: POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: PROVIDE DIRECTION ON POTENTIAL DEMOLITION REGULATION
MODIFICATIONS.
RECOMMENDATION:
Provide direction on potential demolition regulation modifications.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back demolition
regulations for further discussion.
Potential demolition regulation modifications were one of the topics identified by staff as an
opportunity to streamline the land use process and costs for residences. Attachment 1 contains
the general comments and questions regarding potential demolition regulation modifications
presented in the February 26, 2019 Policy Committee report.
DISCUSSION:
Design professionals and property owners often find it difficult to comply with the Town’s
demolition regulations, and more specifically the contiguity requirement. This can lead to
increased costs for plan revisions and design modifications that do not meet the needs of the
property owner. Alternatively, the property owner can decide to go through the Architecture
EXHIBIT 4
PAGE 2 OF 2
SUBJECT: DEMOLITION REGULATIONS
DATE: APRIL 2, 2019
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Report.docx 4/5/2019 10:01 AM
DISCUSSION (continued):
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.
Another challenge that arises during the construction process for an approved remodel of a
non-historic house is structural element or material damage that is not discovered until
construction has begun. Currently there are three exemptions for historic structures relating to
replacement, repair, and removal, as outlined in Attachment 2. Under the current
requirements, non-historic buildings do not allow any of these exemptions. When non-
repairable circumstances arise, that if repaired would trigger a demolition, then the property
owner must go through the Architecture and Site application process for a technical demolition
(new house) which leads to increased processing time and costs.
Based on the concerns raised above, staff has prepared potential Town Code amendments
(Attachment 2) for the Policy Committee’s consideration. These amendments would allow for
more remodels to be processed as Building Permits and provide non-historic houses similar
flexibility as historic houses when non-repairable circumstances arise. The potential
amendments, shown in strike through and underline font, would make the following changes:
• Remove the contiguity requirement from the demolition definitions; and
• Allow an exception to the demolition requirements for the repair of non-historic homes.
Amendments to the Demolition Affidavit (Attachment 3) reflecting these changes will also be
prepared following the Policy Committee’s direction on this topic.
This meeting will allow for a conversation between staff and the Policy Committee. Staff will be
prepared to walk through this matter and answer questions.
Staff is interested in the Policy Committee’s discussion and direction on the potential
demolition regulation modifications.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
Attachments:
1. General comments and questions regarding potential demolition regulation modifications
2. Potential Town Code amendments
3. Existing Demolition Affidavit
ATTACHMENT 1
POSSIBLE STREAMLINING OPPORTUNITIES
DEMOLITION REGULATIONS
- The contiguity requirement can create extra work for property owners and design
professionals.
- If contiguity is not maintained, then an Architecture and Site application is required.
- Should chimneys count as exterior siding?
- Should chimneys be exempt from the contiguity requirement?
- Should relocation of a house constitute a demolition?
- Should entryway modifications be exempt from the contiguity requirement?
- Is a 12-inch wall material connection contiguity requirement appropriate?
- Is a 12-inch contiguity requirement appropriate where 12 inches doesn’t exist above an
existing door or window?
- If retained, should existing shear wall beneath stucco or other exterior wall material be
considered retained wall area?
- Should replacement of in kind non-repairable exterior wall covering as determined by
Building Official, and resulting in no change to exterior appearance, be considered
retained wall area for non-historic structures?
- If attached garage wall framing is retained, but exterior wall material is removed, should
exterior garage walls with no interior finish be considered retained wall area?
- Should the requirement that the wall area remaining must be contiguous be removed?
- Should the 50% wall area requirement be removed?
- This would assist with remodels.
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\4-9-19\Demolition\Attachment 1 - General Comments and
Questions.docx
ATTACHMENT 2
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 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 wall covering
resulting in no change to its exterior appearance or historic character if approved by the
deciding body.
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\4-9-19\Demolition\Attachment 2 - Potential Town Code Amendments.docx
ATTACHMENT 3
DEMOLITION 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.
Historic Structures (Located in an historic district or on an historic site and/or constructed before 1941)
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
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 (sign and date)
Engineer of Record (sign and date)
Contractor of Record (sign 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. 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.
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)
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 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)
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\4-9-19\Demolition\Attachment 3 - Existing Demolition Affidavit.docx
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING
APRIL 24, 2019
The Historic Preservation Committee of the Town of Los Gatos conducted a Regular Meeting on
April 24, 2019, at 4:00 p.m.
ROLL CALL
Present: Chair Matthew Hudes, Vice Chair Robert Cowan, Committee Member Nancy Derham,
Committee Member Thomas O’Donnell
Absent: Leonard Pacheco
MEETING CALLED TO ORDER AT 4:00 PM
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.Approval of Minutes – March 27, 2019
3.62 Ellenwood Avenue
Historic Resources Inventory Removal
Requesting continuance to May 22, 2019 for approval to remove a pre-1941 property
from the historic resources inventory for property zoned R-1:12. APN 510-20-068.
PROPERTY OWNERS: Lisa and Case Swenson
APPLICANT: Kurt Simrock
PROJECT PLANNER: Azhar Khan
4.247 Edelen Avenue
Architecture and Site Application S-19-015
Requesting recommendation for construction of an addition to a single-family residence
to exceed the Floor Area Ratio (FAR) standards in the University/Edelen Historic District
on property zoned R1-D:LHP. APN 529-04-016
PROPERTY OWNER/APPLICANT: Lee Streitz and Jamie Langlinais
PROJECT PLANNER: Sean Mullin
EXHIBIT 5
PAGE 2 OF 6 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF APRIL 24, 2019
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Item 2 pulled by Chair Matthew Hudes.
MOTION: Motion by Committee Member Thomas O’Donnell to approve the consent
calendar. Seconded by Committee Member Nancy Derham.
VOTE: Motion passed unanimously, 4-0-1, Committee Member Leonard
Pacheco absent.
2.216 Glen Ridge Avenue (Heard out of order)
Minor Residential Development in an Historic District Application HS-19-018
Requesting approval for exterior alterations to a single-family residence in the Almond
Grove Historic District on property zoned R1-D:LHP. APN 510-16-026.
PROPERTY OWNER/APPLICANT: James McManis and Sara Wigh
PROJECT PLANNER: Sean Mullin
Committee members discussed the matter.
MOTION: Motion by Committee Member Thomas O’Donnell to approve the
consent calendar. Seconded by Committee Member Robert Cowan.
VOTE: Motion passed unanimously, 4-0-1, Committee Member Leonard
Pacheco absent.
PUBLIC HEARINGS
6.25 W. Main Street
Architecture and Site Application S-19-005
Variance Application V-19-002
Conditional Use Permit Application U-19-001
Requesting approval for construction of an addition to a contributing building in the
Downtown Historic Commercial District, including variances for maximum floor area,
driveway length, and open space for a multi-family use in a mixed-use project on
property zoned C-2:LHP. APN 529-01-017.
PROPERTY OWNER: Steven and Mary Leonardis
APPLICANT: Gordon Wong
PROJECT PLANNER: Erin Walters
Erin Walters, Associate Planner, presented the staff report.
Applicant presented the proposed project.
PAGE 3 OF 6 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF APRIL 24, 2019
N:\DEV\HISTORIC PRESERVATION\HPCminutes\2019\04-24-19 Mins.docx
Opened and closed Public Comment.
Committee members discussed the matter.
MOTION: Motion by Vice Chair Robert Cowan to recommend approval Seconded
by Committee Member Thomas O’Donnell.
VOTE: Motion passed unanimously, 4-0-1. Committee Member Leonard
Pacheco absent.
7. 103 Tait Avenue
Minor Residential Development in an Historic District Application HS-18-018
Requesting approval for exterior alterations to a single-family residence in the Almond
Grove Historic District on property zoned R1-D:LHP. APN 510-18-038.
PROPERTY OWNER/APPLICANT: Michael and Krista Ballou
PROJECT PLANNER: Sean Mullin
Sean Mullin, Associate Planner, presented the staff report.
Applicant presented the proposed project.
Opened and closed Public Comment.
Committee members discussed the matter.
MOTION: Motion by Vice Chair Robert Cowan to recommend approval as
proposed including: matching the Redwood siding, using double hung
windows and retaining the front door. Seconded by Chair Matthew
Hudes.
VOTE: Motion passed unanimously, 4-0-1. Committee Member Leonard
Pacheco absent.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
9. 50 University Avenue, Suite 260 and 270
Preliminary Review
Requesting preliminary review of a proposal for exterior alterations to a commercial
building in the University/Edelen Historic District on property zoned C-2:LHP:PD.
APN 529-02-044.
PAGE 4 OF 6 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF APRIL 24, 2019
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PROPERTY OWNER: SRI Old Town LLC.
APPLICANT: Tecta Associates
PROJECT PLANNER: Erin Walters
Erin Walters, Associate Planner, presented the staff report.
Applicant presented the proposed project.
Opened and closed Public Comment.
Committee members discussed the matter.
MOTION: Motion by Committee Member Thomas O’Donnell to recommend for
approval as proposed. Seconded by Committee Member Nancy Derham.
VOTE: Motion passed unanimously 4-0-1. Committee Member Leonard
Pacheco absent
Note: Applicant requested to move item 5 because their architect was delayed.
5. 79 Reservoir Road (Heard out of order)
Historic Resources Inventory Removal
Requesting a Requesting approval to remove a Pre-1941 property from the Historic
Resources Inventory for property zoned R-1:20. APN 529-33-019.
PROPERTY OWNER / APPLICANT: Donald Prolo
PROJECT PLANNER: Sally Zarnowitz
Continued from March 27, 2019
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened and closed Public Comment.
Committee members discussed the matter.
MOTION: Motion by Chair Matthew Hudes to recommend for approval removing
from the Historic Resources Inventory. Seconded by Committee Member
Thomas O’Donnell.
VOTE: Motion passed unanimously, 4-0-1. Committee Member Leonard
Pacheco absent.
PAGE 5 OF 6 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF APRIL 24, 2019
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PUBLIC HEARINGS (Applicants and their representatives may be allotted up to a total of ten minutes
maximum for opening statements. Members of the public may be allotted up to three minutes to comment
on any public hearing item. Applicants and their representatives may be allotted up to a total of five
minutes maximum for closing statements. Items requested/recommended for continuance are subject to
the Committee’s consent at the meeting.
10. Demolition Regulation Modifications
Town Code Amendment
Provide direction on potential demolition regulation modifications.
PROJECT PLANNER: Jennifer Armer/Sally Zarnowitz
Jennifer Armer, Senior Planner, presented the staff report.
Opened the Public Comment.
Chris Spaulding, Architect – He commented that to avoid owners “slicing and dicing” small
pieces to meet the “substantial” exterior wall area requirement, stipulate a certain dimension
such as nothing less than two feet.
Closed the Public Comment.
Committee members discussed the matter.
MOTION: Motion by Committee Member Thomas O’Donnell to recommend
supporting the draft amendment as made. Seconded by Committee
Member Nancy Derham.
VOTE: Motion passed unanimously. 4-0-1. Committee Member Leonard
Pacheco absent
8. 114 Millrich Drive (Heard out of order)
Preliminary Review
Requesting preliminary review of a proposed second story addition to a pre-1941 single-
family residence on property. Zoned R-1:8. APN 409-34-047.
PROPERTY OWNER: Lou Barbaccia
APPLICANT: Lerika Liscano (De Mattei Construction)
PROJECT PLANNER: Azhar Khan
PAGE 6 OF 6 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF APRIL 24, 2019
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Azhar Khan, Assistant Planner, presented the staff report.
Applicant presented the proposed project.
Opened and closed Public Comment.
Committee members discussed the matter. There were no objections to the proposal.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
11. Report from Community Development Director
General Plan Update Advisory Committee Meetings – April 23, 2019 and April 30, 2019
ADJOURNMENT
The meeting adjourned at 5:16 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 24, 2019 meeting as approved by the
Historic Preservation Committee.
/s/ Jocelyn Fong, Administrative Assistant
PREPARED BY: JENNIFER ARMER, AICP
Senior Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS HISTORIC PRESERVATION COMMITTEE REPORT
MEETING DATE: 04/24/2019 ITEM NO: 10
DATE: APRIL 12, 2019 TO: HISTORIC PRESERVATION COMMITTEE FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROVIDE A RECOMMENDATION ON POTENTIAL DEMOLITION REGULATION MODIFICATIONS.
RECOMMENDATION:
Provide a recommendation on potential demolition regulation modifications.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back demolition
regulations for further discussion. Potential demolition regulation modifications was one of the
topics identified by staff as an opportunity to streamline the land use process and costs for
residences.
On April 9, 2019, the Policy Committee reviewed potential demolition regulation modifications
and recommended approval with review by the Historic Preservation Committee for
modifications relating to historic structures.
DISCUSSION:
Design professionals and property owners often find it difficult to comply with the Town’s
demolition regulations, and more specifically the contiguity requirement. This can lead to
increased costs for plan revisions and design modifications that don’t meet the needs of the
property owner. Alternatively, the property owner can decide to go through the 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.
EXHIBIT 6
PAGE 2 OF 2 SUBJECT: DEMOLITION REGULATION MODIFICATIONS APRIL 12, 2018
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DISCUSSION (continued):
Based on the concerns raised above staff prepared potential Town Code amendments
(Attachment 1) for the Policy Committee’s consideration. The potential amendments, shown in
strike through and underline font, would include removing the contiguity requirement from the
demolition definitions for both historic and non-historic houses.
This meeting will allow for a conversation between staff and the Historic Preservation
Committee. Staff will be prepared to walk through this matter and answer questions.
Staff will forward the Historic Preservation Committee’s discussion and direction on the
potential demolition regulation modifications regarding historic structures to the Planning
Commission and Town Council.
Attachments:
1. Potential Town Code amendments
N:\DEV\HISTORIC PRESERVATION\HPC Sheets\2019\Demolition Regulation Attachment 1 - Potential Town Code Amendments.docx
ATTACHMENT 1
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 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 wall covering
resulting in no change to its exterior appearance or historic character if approved by the
deciding body.
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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 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 wall covering
resulting in no change to its exterior appearance or historic character if approved by the
deciding body.
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EXHIBIT 7
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From: Jennifer Kretschmer <jen@jkretschmer.com>
Sent: Thursday, May 16, 2019 6:24 PM
To: Jennifer Armer
Cc: Joel Paulson; Sally Zarnowitz
Subject: Demolition Policy changes
Hi Jennifer,
I'm writing to address my concerns and provide some feedback about the revisions to the Demolition Policy and proposed amendments to Town Code 20.10.020. I'm not sure if I will be
able to make it to the meeting on the 22nd. I will certainly try, but I am in the midst of completing my educational session for the AIA 2019 Conference where I will be speaking to over 300 architects. The deadline is May 24th to submit all my materials. Please include this letter with
public comments in the staff report.
In whole I am in support of the changes that refer to removing the contiguity portion of the
demolition policy. That helps to align the Town with neighboring community rules. It also gets rid of the "front door/back door" issue where a home could be considered demolished if the scope of work was just to change or add an opening on the front façade and one on the back façade.
However the section regarding the repair exception for non-historic homes seems to be a complete copy of the language for historical homes. It also doesn't address what to do if the
interior wall was chosen as the approved remaining wall covering. It would be better if rewritten to state:
"Repair. The removal and replacement of in kind non-repairable
exterior orinterior wall covering resulting in no change to its exterior
appearance orapproved design character if approved by the deciding
body."
However, who's referenced as the deciding body? Will that be the Planning Department? In
these situations it seems the choice to remove and replace sections of wall usually occur when a health or life safety issues arises. In which case the best "deciding body" should be the
Building Inspector or Building Official.
Perhaps my choice of "approved design character" in the repair section above needs further
clarification. In nearly all the non-historic homes that's I've worked on in Los Gatos, the clients
hired me to improve the curb appeal and front façade of the original home as part of the scope of work. I utilize the resources of Town Planning Staff to ensure that the changes I make fit
within the neighborhood and improve the design character of the home. This can result in a
complete change in style from the original house. So "approved design character" means in the context of the repair section, it coincides with the design style and appearance that was
approved by the Planning Department. There is also a need for a clear definition of "exterior wall." It may seem simple enough. But the
way the current rules have been applied, a window is not considered part of the wall and those areas are openings and are not counted in the 50% wall area. (Reference: https://www.losgatosca.gov/DocumentCenter/View/15523/Demolition_Illustration) That's fine.
EXHIBIT 8
But what about a fireplace or chimney? I would argue that a masonry firebox and chimney should be considered the same as an opening. A firebox and chimney are not located on the
wall surface plane, are separate structures from the wall, and the materials used are generally
not the same material(s) as the rest of the exterior wall material(s). Besides, unreinforced masonry, wood-burning fireplaces are dangerous in earthquakes and bad for Bay Area air
quality. We should support homeowner efforts to remove them.
I would also like to see that some written policy is included in the example of cantilevered bay
windows. In a recent project, there was much discussion about the change of this type of
window and it was decided to keep the lower 12 inches of wall material instead of the upper 12 inches. That was acceptable outcome and perhaps was unique to this particular project.
However it would help with consistency if there could be a clear and written example in the
Demolition Affidavit.
Thank you for allowing me the chance to provide this feedback. Regards,
Jennifer Kretschmer, AIA Principal Architect and Los Gatos Resident 101 Old Blossom Hill Road, Los Gatos, CA 95032
408.221.0771 www.jkretschmer.com