Ord 2083 - Amending Town Code Section 29.10.020 (Definitions for historic structures and demolitions of historic and nonhistoric structures), Section 29.10.09030 (Demolitions); Section 29.10.150 (Parking for properties with an LHP Overlay Zone and exemptiORDINANCE 2083
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR HISTORIC
STRUCTURES AND DEMOLITIONS OF HISTORIC AND NONHISTORIC
STRUCTURES), SECTION 29.10.09030 (DEMOLITIONS); SECTION 29.10.150
(PARKING FOR PROPERTIES WITH AN LHP OVERLAY ZONE AND EXEMPTIONS
FOR PARKING REQUIREMENTS FOR MAJOR ADDITIONS TO SINGLE FAMILY
DWELLINGS), SECTION 29.20.255 AND SECTION 29.20.265 (APPEAL PROCESS),
SECTION 29.80.265 (APPLICATIONS FOR BUILDING PERMIT) AND
SECTION 29.80.275 (NOTICE PROCESS).
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amended as follows:
See. 29.10.020. Definitions.
Demolition (historic structures) means:
(1) Removal of more than twenty- five (25) percent of the walls) 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 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.
Page 1 of 7
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 (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.
Historic structure means:
(3) Any primary structure constructed prior to 1941, unless the deciding body
has determined that the structure has no historic significance and should not
be included in the Town Historic Resources Inventory.
Wall, exterior means one of the sides 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 the studs /structural elements used in the framing of the
wall.
Wall Covering, exterior means the finished surface of an exterior wall.
Wall Covering, interior means the finished surface of an interior wall.
Sec. 29.10.09030 Demolitions
(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 40% 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
Page 2 of 7
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:
(ii 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
(ii 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 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 judgement 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 judgement remaining
Page 3 of 7
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 days prior to the time set for the hearing.
(i) 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
Page 4 of 7
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.
Sec. 29.10.150 Number of off - street spaces required
(h) Exemptions. Compliance with subsection (c)(1) is not required if the deciding body
makes the following findings:
(1) The Historic Preservation Committee determines that the enforcement of
subsection (g) will impact the historic character of the site and /or structures
on the site; and
(2) The addition is determined necessary to provide adequate floor area for a
suitable living environment; and
(3) The lot does not have adequate area to provide parking as required by
subsection (c)(1). This finding is not required if subsection (h)(1) is made.
If the deciding body makes the findings set forth in subsections (h)(1), (2) and (3)
above, parking shall be provided to the maximum extent possible.
(i) Parking requirements for residential properties that are nonconforming as to parking
with a Landmark Historic Preservation overlay zone. Residential structure(s) with
a Landmark Historic Preservation overlay zone that are lawfully or unlawfully
demolished as defined by Sections 29.10.020 and 29.10.09030(h) of the Town Code,
shall not be required to meet the parking requirements for new construction if 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.
Sec. 29.20.255. Appeals from the decision of the Planning Director.
(iv) Determination of an unlawful demolition and /or the penalty and the cost assessment
for the unlawful demolition.
Sec.29.20.265. Hearing of appeal.
(1) Hearing of the appeal shall be set for the first regular meeting of the Planning
Commission which the business of the Planning Commission will permit, more than
five (5) days after the date of filing the appeal. The Planning Commission may hear
the matter anew and render a new decision in the matter.
Page 5 of 7
(2) For hearings dealing with an appeal of an unlawful demolition and /or the penalty fee
for the lawful demolition the Planning Commission shall do the following:
(a) The Planning Commission shall consider any written or oral evidence
consistent with its rules and procedures regarding the violation, compliance
by the violator or by the real property owner, and the amount of the penalty.
(b) The Planning Commission shall make the findings and issue its determination
regarding:
(i) The existence of the violation;
(ii) The appropriateness of the amount of the penalty fee.
(c) The Planning Commission shall issue written findings of each violation.
The findings shall be supported by evidence received at the hearing.
(d) If the Planning Commission finds by the evidence provided that a violation
has occurred, the Planning Commission shall affirm the decision of the
Planning Director.
(e) If the Planning Commission finds that no violation has occurred, the
Planning Commission shall state a finding of those facts.
(f) The Planning Commission may approve or reduce the amount of the penalty
but not the application penalty fee which is established by resolution.
Sec. 29.80.265. Applications for permit.
Prior to issuance of a building permit, a Notice to Contractor form must be signed by the
contractor and posted at the job site stating that the property is on the Historic Resources
Inventory and no deviations from the approved plans are allowed without prior review and
approval. This information shall be affixed on the approved building plans.
SECTION II
Town Code Section 29.80.275 shall be deleted in its entirety.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on April 16, 2001 and adopted by the following vote as an ordinance of the Town of Los
Page 6 of 7
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on May 7, 2001. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GA`TOS, CALIFORNIA
Page 7 of 7