03 Attachment 1 - Draft Ordinance1 of 4
Ordinance November 19, 2019
DRAFT ORDINANCE
AN 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 includes a
requirement that remaining exterior walls must retain either the existing interior or existing
exterior wall covering, a 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 September 11, 2019;
WHEREAS, on September 11, 2019, the Planning Commission reviewed and commented
on the proposed amendments regarding the demolition regulations and forwarded a
recommendation to the Town Council for approval of the proposed amendments;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on November 5, 2019; and
WHEREAS, on November 5, 2019, the Town Council reviewed and commented on the
proposed amendments regarding demolition regulations and the Town Council voted to
introduce an Ordinance.
ATTACHMENT 1
2 of 4
Ordinance November 19, 2019
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY 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 (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.
…
Wall, exterior means one of the sides of a building connecting foundatio n 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 faming 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.
…
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
3 of 4
Ordinance November 19, 2019
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 applicati ons 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.
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 5, 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 November 19,
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).
4 of 4
Ordinance November 19, 2019
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________