14 Attachment 1 - September 11, 2019 Planning Commission ReportPREPARED BY: Jennifer Armer, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/11/2019 ITEM NO: 2
DATE: September 6, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Town Code Amendment Application A-19-007. 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 this project 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
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 4 SUBJECT: Demolition Regulations DATE: September 6, 2019
BACKGROUND (continued):
On June 4, 2019, Town Council considered recommendation from the Policy Committee, the
Historic Preservation Committee, and the Planning Commission and introduced an Ordinance
effecting amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
demolition regulations. These changes included removing the contiguity requirement from the
demolition definition, and allowing an exception to the demolition requirements for repair of
nonhistoric homes. These changes went into effect on July 18, 2019.
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 structural elements (framing) alone might be considered in place of framing and wall
covering when determining the retention of existing exterior walls for nonhistoric structures, as
was mentioned during the public comment period of the hearing. On June 4, 2019, Town
Council referred this topic to the Policy Committee for further discussion.
DISCUSSION:
On June 25, 2019, the Policy Committee discussed and agreed to forward a recommendation to
the Planning Commission that structural elements (framing) alone should be considered in
place of framing and wall covering when determining the retention of existing exterior walls for
nonhistoric structures.
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;
• 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).
PAGE 3 OF 4 SUBJECT: Demolition Regulations DATE: September 6, 2019
DISCUSSION (continued):
B. Existing Town Code
Existing Town Code Section 29.10.020 defines demolition for nonhistoric structures as:
Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the
exterior walls. The remaining exterior walls must 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
interior wall covering resulting in no change to its exterior appearance or character if
approved by the Community Development Director.
C. Proposed Town Code Amendments
Based on the concerns raised at the meetings mentioned above, as recommended by the
Policy Committee, staff has a prepared potential Town Code amendments, (Exhibit 4) for
Planning Commission’s consideration. The potential amendments, shown in strike through,
would make the following changes:
• Delete “The remaining exterior walls must retain either the existing interior or existing
exterior wall covering”; and
• Revise the repair exception to remove reference to wall coverings.
It should be noted that these changes are not applicable to historic structures.
PUBLIC COMMENTS:
No written public comments have been received.
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy 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 4 OF 4 SUBJECT: Demolition Regulations DATE: September 6, 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 4).
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, June 25, 2019 (three pages)
3. Town Council Policy Committee Report, June 25, 2019 (two pages)
4. Draft Amendments to Chapter 29 of the Town Code (one page)
PLANNING COMMISSION – September 11, 2019
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-19-007
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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EXHIBIT 1
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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: 07/23/2019
MINUTES OF THE TOWN COUNCIL REGULAR POLICY COMMITTEE MEETING
JUNE 25, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a regular meeting on
Tuesday, June 25, 2019, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Robert Schultz, Town Attorney; Joel Paulson, Community Development Director;
Sally Zarnowitz, Planning Manager; Holly Zappala, Management Analyst.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the May 28, 2019 Council Policy Committee Minutes.
Approved.
Vice Mayor Jensen requested Item 3 be reviewed next, as it was the only item that had
public comment.
3.Discuss and provide direction on demolition regulations.
Joel Paulson, Community Development Director, presented the staff report.
Tom Sloan, Architect
-Commented in favor of changing the existing demolition regulations. He said that the
integrity of a building still exists without outside and inside wall coverings as long as the
studs remain. He said that putting a new “skin” on the studs allows the building to be more
structurally sound and last longer.
EXHIBIT 2
PAGE 2 OF 3
SUBJECT: MINUTES OF THE REGULAR TOWN COUNCIL POLICY COMMITTEE MEETING OF
JUNE 25, 2019
DATE: JULY 23, 2019
Jennifer Kretschmer, Architect
-Commented that the existing demolition policy creates a health and life safety issue
because there may be cases when people allow mold to remain on their sheetrock in order
to save the substantial cost and time delay of the Architecture and Site process required for
a technical demolition. She also said that a time delay of a couple months with an open
structure can lead to materials being destroyed by inclement weather and stated that
removing interior/exterior finishes should not be considered a demolition.
Gary Kohlsaat, Architect
-Commented that it is difficult to match the siding on all sides of a house or cover up
existing siding material without it being considered a technical demolition under the current
regulations. He mentioned that technical demolitions require large additional expenses for
homeowners, including putting in curbs and gutters and undergrounding utilities. He said
that the building process is meant to go in a certain order for safety reasons and trying to
avoid a technical demolition requires builders to go out of sequence.
Bess Wiersema, Architect
-Commented that the demolition policy should protect the mass of an existing house and
the framing is what holds a house together as opposed to the inside and outside coverings.
She said that removing the interior/exterior coverings allows construction to be done
properly, better materials to be used, and the building to look better and last longer.
After discussion, the Committee agreed to forward a recommendation to the Planning
Commission that interior wall structure (framing) should be considered in place of wall
surface material when retaining existing walls. The Committee also requested that st aff
return to the Policy Committee with a review of the requirements for installing
sidewalks/gutters and undergrounding utilities with the goal that both items should be
considered together as a package by Town Council.
2. Discuss and provide direction on the land use appeal process.
Joel Paulson, Community Development Director, presented the staff report.
After discussion, the Committee agreed that the duty to make a finding should fall on the
land use appellant and not the Town Council. The Policy Committee asked staff to return to
the Committee with language reflecting two options for the land use appeal process:
• The Town Council may consider additional findings/information as part of the
land use decision appeal; and
• Any new information would go back to the Planning Commission and the Town
Council would not consider it as part of the land use decision appeal.
PAGE 3 OF 3
SUBJECT: MINUTES OF THE REGULAR TOWN COUNCIL POLICY COMMITTEE MEETING OF
JUNE 25, 2019
DATE: JULY 23, 2019
4. Review proposed amendments and legal analysis to the Town Agenda Format and Rules
Policy regarding time limits for applicant and ap pellant presentations and rebuttals.
Robert Schultz, Town Attorney, presented the staff report.
After discussion, the Committee agreed to forward a recommendation to the Town Council
to modify the time limits in the Town Agenda Format and Rules Policy regarding time limits
for applicant and appellant presentations and rebuttals to five minutes for ea ch of the
presentations and three minutes for each of the rebuttals.
ADJOURNMENT
The meeting adjourned at 6:15 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
June 25, 2019 meeting as approved by the
Town Council Policy Committee.
/s/ Holly Zappala, Management Analyst
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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: 6/25/2019 ITEM NO: 3
DATE: JUNE 17, 2019 TO: POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: DISCUSS AND PROVIDE DIRECTION ON DEMOLITION REGULATIONS.
RECOMMENDATION:
Discuss and provide direction on demolition regulations.
BACKGROUND:
The Policy Committee last considered this matter on April 9, 2019. After discussion, the
Committee’s direction was to forward a recommendation to the Planning Commission to
approve the following proposed modifications to the demolition regulations:
•Removal of the contiguity requirement; and
•To 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. Additionally, 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. After discussing the matter, the HPC recommended approval of the changes as
recommended by the Policy Committee.
EXHIBIT 3
PAGE 2 OF 2 SUBJECT: LAND USE APPEAL PROCESS DATE: JUNE 17, 2019
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\6-25-19\Demolition Report.docx 9/3/2019 8:58 AM
BACKGROUND (continued):
On May 22, 2019, the Planning Commission reviewed the proposed Town Code amendments
from the Policy Committee. The Planning Commission recommended approval of the
amendments with modifications to the Policy Committee’s draft ordinance language based on
public comments and discussion at the hearing.
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.
DISCUSSION:
On June 4, 2019, the Town Council considered the Planning Commission recommendation and
introduced an Ordinance effecting amendments to Chapter 29 (Zoning Regulations) of the
Town Code regarding demolition regulations. At that meeting, the Town Council also referred
discussion of additional amendments to the Policy Committee for further discussion. The
specific larger concept for the Policy Committee’s consideration is:
• Whether interior wall structure (framing) might be considered in place of wall surface
material when retaining existing walls.
Staff looks forward to the discussion and direction of the Policy Committee for next steps.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s and Town Attorney’s
Offices.
Excerpts from Los Gatos Town Code
Chapter 29
Section 29.10.020
…
Demolition (non historic structures) means removal of more than fifty (50) percent of the
exterior walls. The remaining exterior walls must 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 interior
wall covering resulting in no change to its exterior appearance or character if approved by the
Community Development Director.
…
Wall, exterior means one of the sides of a building connecting foundation and roof. An exterior
wall encompasses the total height and width of the side of the building, the exterior or interior
wall covering and the studs/structural elements used in the framing of the wall.
Wall covering, exterior means the finished surface of an exterior or interior wall.
Wall covering, interior means the finished surface of an interior wall.
…
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EXHIBIT 4
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