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14 Attachment 2 - September 11, 2019 Verbatim MinutesLOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Matthew Hudes, Chair Melanie Hanssen, Vice Chair Mary Badame Kendra Burch Kathryn Janoff Reza Tavana Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HUDES: We'll now move on to Item 2, which is Town Code Amendment Application A-19-007. The project is Town Wide, the Applicant is the Town of Los Gatos, and it's to consider amendments to Chapter 29, which are the Zoning Regulations of the Town Code regarding demolition regulations. Ms. Armer, I understand you'll be giving the Staff Report. JENNIFER ARMER: Yes, good evening. Good evening, Chair, Vice Chair, Commissioners. The item in front of you is consideration of changes to the definition of "demolition" and "wall" as recommended by the Town Council Policy Committee and forwarded to you for your recommendation to Town Council., The recommendation from Policy Committee impacts the current definition of demolition and the definition of wall in the following ways: For demolition it's deleting the text, "The remaining exterior walls must retain either existing interior or existing exterior wall covering," so that we would be considering the framing of the wall as LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 constituting the wall without having to retain those exterior wall coverings. It would also include revising the repair exception that was recently approved to remove reference to wall coverings since that would no longer be necessary. In addition to that, these changes included in Exhibit 4 also include changes to the definition of wall to remove any reference to wall covering and combine the wall covering for exterior and interior walls into one definition for simplification. These changes are intended to streamline the land use process and reduce costs for remodels of existing homes. This concludes Staff's presentation but I'd be happy to answer any questions. CHAIR HUDES: Thank you. Are there any questions? Vice Chair Hanssen. COMMISSIONER HANSSEN: I just had one question. We had heard previously from several architects that there were issues of mold in the walls, so my only question is that the Policy Committee has reviewed this but do we know if other jurisdictions are using framing as a definition for the means to determine whether it's a technical demolition or not? LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: Each municipality does have different ways of defining demolition in terms of what the percentage is, whether it's linear feet or the area of the wall, whether the roof is considered, and how they define wall. It's something that we've done a little bit of looking into but it is not always clear what their interpretation is just on a quick research. JOEL PAULSON: I would just add that for reference the City of Saratoga does not include wall coverings. They've made an interpretation and they just look at the framing, just for your reference. CHAIR HUDES: Great, thank you. Any other questions? Commissioner Janoff. COMMISSIONER JANOFF: Thank you. This demolition definition refers parenthetically to non-historic structures. How would historic structures be affected or unaffected by this change in definition? JENNIFER ARMER: Policy Committee's recommendation specifically was not recommending changes to the historic side of this, so the requirement that the exterior wall surface be retained, that only 25-percent of those side face the street, all of that would be maintained as is currently defined. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: As I recall, some of the discussion from the architects had to do with historic structures and not knowing whether you'd have integrity of wall until you got to the framing. JENNIFER ARMER: And they will still have the ability to request the repair and replace those exceptions that are currently in the code. COMMISSIONER JANOFF: Okay, so repair would allow for that interpretation. Okay, thank you. CHAIR HUDES: Okay, thank you. Other questions? So, at this point we'll now invite comments from members of the public on Item 2. I have one card here but if anyone else wishes to speak, please submit a card. Gary Kohlsaat. GARY KOHLSAAT: Good evening, Commissioners. Thank you for being here on the 9/11 anniversary. I am extremely encouraged by this movement that I'm seeing in Los Gatos to listen to the professionals and be willing to change and modify and tweak the rules. This has been one rule that personally I've gone up against many, many times and really kind of frustrated, very frustrated. I'm used to it, but none of my clients are, so I have to explain it every time. As Mr. Paulson said, Saratoga defines a wall by the framing. I have a large project in Saratoga right now. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We couldn't demo the house but we could strip all the walls off, all the materials on both sides, which makes it much easier to do several things. The first time the Planning Commission looked at the demolition rules to be changed several months ago I spoke on behalf of that and I listed four examples. I'm not going to do those today but I really want to kind of get into the logistics of how homes are built and inspected and the sequence of it. It's very important because when you're building a house you'll frame a house, you'll frame the walls, and then you'll put your plywood on there, and then we get an inspection, and almost every wall is going to have shear plywood on that. You get that inspected, you get it nailed off, and then you put building paper on there, known as a vapor barrier. You can't do any electrical, insulation, anything like that until you have your house watertight. There are some exceptions, and the building officials now have to grant exceptions if we're in the case that we're saving the interior surface of the wall and in a situation where we want to remove the outside surfaces, leaving drywall or plaster. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So now you're doing everything from the outside. You're installing wiring, plumbing, insulation, and those are all supposed to be done when you're watertight, so it really puts a bind on the contractor and his subcontractors and the building officials to be able to switch back and forth between inspecting rough inspections on your electrical, all your utilities, and then coming back from insulation inspection and then getting your shear ply nailing on that, so it just really is awkward. But more importantly, what we're trying to do is build homes that are watertight, airtight to a certain degree, and it's very difficult if we have to maintain these surfaces, especially next to your surface, and not only historic homes but homes built… We've encountered homes built in the fifties, sixties, seventies that had little or no vapor barriers, and when a contractor wants to put his warranty on this project they always complain that they can't waterproof, they can't flash a window, so here they have a product that's brand new almost, remodeled, but it's not warrantied. So, I just really applaud you guys and I encourage you guys to consider what the Policy Committee is recommending and Staff is recommending, and I speak for LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 several architects. A lot of them couldn't come tonight, but hopefully I can carry the flag. CHAIR HUDES: Okay, thank you. Are there questions? First of all, I wanted to thank you for engaging in this process back at the Historic Preservation Committee and then at the Policy Committee, because I think that having the practical input from people who are actually involved in the work is very important to getting things right. I know it took us a couple of tries to get this finished, so we'll see where we go with it tonight. But just so that I understand and maybe the public can understand, when something goes to technical demo is it the case then once that happens then the project has to comply with current codes, including things like curbs and gutters and bike lanes and things like that? GARY KOHLSAAT: That's correct. CHAIR HUDES: So, that's where the expense… It triggers an expense above and beyond just doing the work if it's called to have a technical demo? GARY KOHLSAAT: Yes, it does trigger that. Many times it would also trigger a DRC or Planning Commission approval, so those extra steps that clients have to consider. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I don't think anybody is against undergrounding utilities and putting in sidewalks and things like that, but if you have a house, maybe it's an old ranch house that had wood siding on the front for curbside appeal and for economy reasons they did stucco on the other three sides and you just want to put siding on all four sides so your house actually complies with the Los Gatos Design Standards that all the elevations should kind of match and work with each other. You're trying to comply with what the Town is proposing or supporting but in order to just put siding over stucco or take the stucco off and put siding on, both would be considered demolition, by the way, if you didn't have the inside up. Many times we're remodeling the inside, stripping all the asbestos laden drywall; you have to get all the drywall out these days. So, now this client has to go, "Well, how badly do I want my house to look good on the side of the house if I have to pay for other expenses that were not necessarily in the budget?" So, yes, it certainly does complicate things to go to technical demo and especially for reasons like this that are I'm not really tearing any walls down, so again, show me the demo. CHAIR HUDES: Okay. Thank you very much, appreciate it. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY KOHLSAAT: Thank you. CHAIR HUDES: I don't see any other cards on this topic, is that correct? Okay, so we'll now close the public portion of the public hearing, and another opportunity for questions for Staff. Any questions or discussion? Okay. Discussion or a motion? Commissioner Badame. COMMISSIONER BADAME: I'll try a motion. It seems pretty cut and dried and this makes sense. Appreciate the input from the architects, from the Staff, and the Policy Committee. I move to forward a recommendation of approval to Town Council for Town Code Amendment Application A-19-007, consideration of amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding demolition regulations. I can make the findings for CEQA and the required findings for the General Plan per Exhibit 1. CHAIR HUDES: Okay, thank you. Vice Chair Hanssen. COMMISSIONER HANSSEN: I second the motion. CHAIR HUDES: Okay, we have a motion and a second. Any discussion? Then I will call the question. All in favor? Opposed? Passes unanimously 6-0. Thank you. I guess there are no appeal rights, is that correct? This is a recommendation. LOS GATOS PLANNING COMMISSION 9/11/2019 Item #2, Town Code Amendment – Demolition Regulations 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SALLY ZARNOWITZ: That's correct, this is a recommendation to Council. CHAIR HUDES: Okay, thank you. This Page Intentionally Left Blank