Attachment 2 - February 20, 2001 Town Council Agenda Reporttowx nF
COUNCIL AGENDA REPORT
!OS ap10
DATE: February 15, 2001
TO: MAYOR AND TO COUNCIL
FROM: TOWN MANAGER
MEETING DATE: 2/20/01
ITEM NO.
SUBJECT: CONSIDERPLANNING COMMISSION RECOMMENDATION To AMEND
THE TOWN CODE FOR THE DEFINITIONS OF HISTORIC STRUCTURES
AND DEMOLITIONS OF HISTORIC STRUCTURES AND DEMOLITIONS
OF HISTORIC AND NONHISTORIC STRUCTURES, DEMOLITIONS,
PARKING FOR PROPERTIES WITH AN LHP OVERLAY ZONE,
EXEMPTIONS FOR PARKING REQUIREMENTS FOR MAJOR
ADDITIONS TO SINGLE FAMILY DWELLINGS, APPEAL PROCESS,
NOTICING AND MODIFICATION TO THE APPLICATION PROCESS FOR
FILING A BUILDING PERMIT. ZONING ORDINANCE AMENDMENT A-
00-3. APPLICANT: TOWN OF LOS GATOS
RECOMMENDATION
1. Hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Make the finding that the ordinance amendments are consistent with the General Plan.
4. Waive reading.
5. Direct Clerk to read title.
6. Introduce the Ordinance (Attachment 2).
If the Town Council determines that the proposed changes to the Ordinance should be revised, it
should remand this matter to the Planning Commission with specific direction.
(Continued on page 2)
PREPARED BY: BUD N. LORTZ�
INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Attorney Revised: 2/15/01 11:35 am
Refomatted: 7/14/99
ATTACHMENT 2
MIMI
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
February 15, 2001
BACKGROUND:
On May 15, 1989, Town Council adopted Ordinance 1789 to define demolition of historic and
nonbistoric structures in an attempt to distinguish between a remodel and a new house. This was
necessary because many developers were buying older houses for remodeling purposes. However,
when the "remodel" was complete, there was little of the existing house that was preserved. This
issue became more important when an historic structure was involved. As a result, a definition of
"demolition (historic structures) and demolition (nonhistoric structures) was added to the Zoning
Ordinance section of the Town Code.
Due to the number of unlawful demolitions which have been occurring over the past several years,
Town Council directed staff to develop penalties for unlawful demolitions during a joint study
session with the Planning Commission. The draft amendments to the Town Code have been
primarily developed by the Historic Preservation Committee. During this process, staff and the
Historic Preservation Committee determined that other sections of the Town Code should be
amended which were related to demolitions. It is important to note that the title Planning Director
and Planning Department are being used in the amendments to be consistent with the titles in the
entire Town Code even though the titles are now Community Development Department and
Community Development Director.
DISCUSSION:
Following is a summary of the proposed changes. Please refer to Attachment 4 for a full explanation
of the proposed changes.
• Definition of a demolition is revised. The major change to the definition is how the wall is
measured. The change will require more of the exterior wall to remain. The amendment
will also allow additions to be removed and the repair of siding material without being
classified as a demolition.
• Verification will be required from a structural engineer that work will not result in a
demolition if the removal is over 40 percent of the exterior walls.
• Additional penalties for unlawful demolitions of historic structures. No additional penalty
fees are proposed for nonhistoric structures. The proposed penalty fees recommended by the
Historic Preservation Committee are based on the assessed value of the land and
improvements and the historic status of the site. If the structure has a Landmark Historic
Preservation designation, a fine equaling ten (10) percent of the property (land and
improvements) assessed value, as determined by county assessor's records at the time of
demolition is proposed. If the structure was an historic residence and does not have a
Landmark Historic Preservation overlay zone, the fine is proposed to be equal to five (5)
percent of the property (land and improvements) assessed value, as determined by county
assessor's records at the time of demolition. For an example, the property at 215 Belmont
Avenue had to pay $6,028 for planning fees (double fee for penalty). Based on the assessed
value of the property, the proposed additional penalty fee would have been $38,959. With
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
February 15, 2001
the proposed penalty fee, the total penalty fee would have been $44,987.
• Provision to develop a process for developers who find during construction that the structure
is in a deteriorated condition and cannot be repaired.
• Provision to develop a process for the salvaging of building materials.
• Provision for not requiring additional parking spaces for major additions to historic
structures and new single family residences in an historic district.
• Appeal process for unlawful demolitions.
• Process to put a contractor and his workers on notice that a structure is historic and that all
changes to the plan must receive approval by the Town.
• Delete provision requiring notification to Heritage Preservation Society which is no longer
active.
PLANNING COMMISSION:
The Planning Commission considered this matter on December 6, 2000 and forwarded the matter
to Town Council with a recommendation for adoption with changes. The Commission
recommended that the salvage section be revised to apply to any demolition. The Commission also
recommended that the current Town Code finding allowing a parking exemption for major additions
if it is determined that the addition was necessary to provide adequate floor area for a suitable living
environment be deleted. These changes have been incorporated in the Ordinance (Attachment 2).
The Commission also requested staffto consider a concern raised at the hearing if a property owner
takes an exceptionally long time in trying to rectify an unlawful demolition and the site becomes an
eyesore. Section 1.10.100 of the Town Code deals with the abatement of buildings which are
erected, constructed, and altered contrary to the provisions of the Town Code, or permit.
STATE REVIEW:
The Town is a Certified Local Government as recognized by the State Office of Historic
Preservation. Therefore, the proposed amendments were sent to the State Office of Historic
Preservation for review and comment. The State has informed the Town that it has no issues with
the proposed changes and they are pleased about the provision of parking requirement exemptions
for historic properties (Attachment 1).
CONCLUSION:
The penalty fees as recommended by the Historic Preservation Committee for demolition of historic
structures are significant. These fees may pose a financial hardship for some homeowners who
unintentionally "demolish" their home during the remodel process. This is the first review by Town
Council concerning the proposed amendments. If Council determines that a minor change to the
proposed amendments is needed, the revision(s) can be done at this hearing (ie: changing the
percentage of the penalty assessment). However, if there are major changes proposed, the matter
should be remanded to the Planning Commission, and possibly the Historic Preservation Committee,
with specific direction.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
February 15, 2001
ENVIRONMENTAL ASSESSMENT:
It has been determined that these amendments could not possibly have a significant effect on the
environment. Therefore, the amendments are exempt from the California Environmental Quality
Act pursuant to Section 15061(b)(3).
FISCAL IMPACT: None
Attachments:
1. Letter from the State Office of Historic Preservation (one page) received December 27, 2000.
2. Draft Town Code Amendment.
3. Excerpts of Planning Commission minutes for the meeting of December 6, 2000.
4. Report to the Planning Commission dated November 30, 2000 for the meeting of December
6, 2000.
Distribution:
Los Gatos Historic Preservation Committee
Regina Falkner, Director of Community Services
E. Gary Schloh, 213 Bean Avenue, Los Gatos, CA 95030
Michael McKay, 801 Camelia Street, Suite E, Berkeley, CA 94710
Leslie Dill, 110 -C N. Santa Cruz Avenue, Los Gatos, CA 95030
N ADEV\CNCLRPTS \demo.1.wpd
STATE OF CALIFORNIA — THE F
AG, .-;Y
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO, CA 94296 -0001
(916) 653 -6624 Fu: (916) 653 -9824
calshpo ®ohp.parks.ca.9ov
December 18 2000
Paul L. Curtis, Director of Community Development
Town of Los Gatos
Community Development Department, Planning Division
PO Box 949
Los Gatos CA 95031
Dear Mr. Curtis:
GRAY DAVIS. Gommor
RFCiEiVF
OE(; 2 i 2000
TOwPJ OF LOS GATOS
am writing in response to your submission of materials related to propiose °c�FATIviE' uT
changes to the Los Gatos Town Code which affect historic properties. Thank you for
consulting with our office regarding such changes to your town code.
In looking over the materials you submitted, I find no issues that cause concern
relative to impacts to historic properties. It appears that there is a need for these
revisions and that the changes will work to help protect historical resources to a greater
degree than is allowed under the current code and its definition of demolition. We are
also pleased to see the addition of a parking requirements exemption for historic
properties if the HPC determines that the enforcement of those requirements would
impact the historic character of the property.
Thank you again for your submission. Please feel free to contact meat (916) 653-
9432 Qsaun @ohp.parks.ca.gov) with any questions.
Sincerel
J /en an .Saunders
Attachment 1
2/20/01 TC Report
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Intentionally
Left Blank
ORDINANCE
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:
Sec. 29.10.020. Definitions.
Demolition (historic structures) means:
(1) Removal of more than twenty -five (25) percent of -a- the wall(s) facing a public
street(s) (or a street facing elevation if the parcel is a corridor list or is
landlocked) or fifty (50) percent of all exterior walls; or
1�('119f�F9� !.f Y3 � I -- _rte.- _ _
(3) (2) Enclosure or alteration (ie: new window and or window relocation) of more than
twenty -five percent of the wails 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
(4)
Attachment 2
2120101 TC Report
The All remaining exterior walls must be contiguous and must retain -m�ither-Hre
mferier -arthe existing exterior wall covering. No new exteriot'-wall covenng 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.
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 TTist - Preservation Committee.
Demolition shall be determined by subsections ( $)'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 -aH the
exterior walls
are- remaved. 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`ifl 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 contractor shall sign a statement 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
3
required fees as established by resolution for new applications and for work
unlawfully completed.
(2) Pe 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 ten (10) percent of the property (land and. improvements)
assessed value, as determined by county assessors records at the time of
demolition; 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 five (3)
percent of the property (land and improvements) assessed value, as
determined by county assessors records at the time of demolition.
(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 conshrat 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
0
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 Coimcil.
(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 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 (9) will impact the historic
character of the site and /or structures on the site; and
(2) The lot does not have adequate area to provide parking as required by
subsection (c)(1). This finding is not required if subsection (b)(1) is made_
If the deciding body makes the findings set forth in subsections (h)(1) and (2) 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.
(4) 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 fast 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.
(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 fords 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 fords 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
7
resolution.
Sec. 29.80.265. Applications for permit.
Prior to issuance of a building,pennit, 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.
Sec.29.80.275. Notice Deleted in its entirety.
Gates f feritage Preservation Society:
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on and adopted by the following vote as an ordinance of the Town of Los Gatos at
a regular meeting of the Town Council of the Town of Los Gatos on 2001.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Los Gatos Planning Commission
December 6, 2000
Adopted
NEW PUBLIC HEARINGS
ZONING CODE AMENDMENT A-00-3.(00.07)
Public hearing to consider an amendment of the Town Code for the definitions of historic
structures and demolitions of historic and non historic structures, demolitions, parking for
properties with an LHP overlay zone, exemptions for parking requirements for major additions to
single family dwellings, appeal process, noticing and modification to the application process for
filling a building permit. APPLICANT: Town of Los Gatos.
Ms. Baily stated that the amendment has been in progress since 1994. She gave an
overview of the process and explained what was outlined in the report. Ms. Bally
explained the agencies and different professional individuals who have reviewed the
proposed amendment.
The following people from the audience spoke regarding this matter.
Leslie Dill, 110 N. Santa Cruz Avenue, Architect, and former member of the Historic Preservation
Committee, stated that she was in favor of the amendment to the Ordinance. Ms. Dill feels that the penalties
will limit people from demolishing our precious resources and will also provide a faster process for those
who can legally demolish.
Ray Davis, feels that there needs to be certification that the walls need to be removed and he feels that a
peer review would keep the process honest.
Gary Schloh, Architect is in favor of the amendment but is concerned about projects that fall through the
cracks and then the applicant drags their feet indefinitely. Mr. Schloh would like to see clarification
regarding the completion and approval of a design prior to a demolition permit being issued. He is in
agreement with the certification.
There was no one else in the audience to speak to this matter.
Chair Bruno closed the Public Hearing.
Commissioner Muller would like to see #2 on page 5 deleted.
Commissioner Quintana does not feel the ordinance accomplishes reduction of waste in the landfill and
she is also concerned that it still allows a fairly liberal definition of demolitions. Ms. Quintana stated
that the Ordinance does not address roof, interior walls, or similar matters and the fact that there is no
penalty for a miss - certification. Ms. Quintana would like to see error on the side of punitive and
discourage demolitions all together.
Mr. Curtis gave examples of the type of situation that Staff consistently finds and
why this procedure was recommended.
N:\CLK\Minutes- Plan'g- Adopted12000U2- 06- OO.wpd 30
Attachment 3
2/20/01 TC Report
Los Gatos Planning Commission
December 6, 2000
Adopted
POINT OF ORDER
Motion by Chair Bruno, seconded by Commissioner Quintana to continue the meeting to 12:15
a.m.
Carried unanimously.
Commissioner Lyon stated that he has worked on this amendment with the Historic Preservation
Committee and the intent was to discourage unlawful demolitions and put some teeth into the Code. Mr.
Lyon also feels that if an applicant does find that the structural integrity of the building is such that it is
not something that is workable, then there was a way out. He explained that this was to give latitude to
historic preservation and to also be able to make a decision regarding the removal of unsympathetic
additions to our historic resources in Town.
Commissioner Quintana feels that if the Ordinance is not filling the intent by considering interior walls
and roofs then, maybe there should be a way to make the ordinance work and accomplish the intent of
decreasing landfill and discouraging demolitions, and this may need to be revisited. Ms. Quintana
questioned why Section 4 of Exhibit A has been deleted.
Ms. Baily explained that Section 4 was removed because it would have been extremely
difficult for Staff to enforce and regulate.
Commissioner Lyon would like to see the Salvage section to apply to any demolition in Town and,
although he agrees that landfill is a definite concern, he also does not feel that demolitions can be
completely discouraged.
Motion by Commissioner Lyon, seconded by Commissioner Muller to recommend adoption to
the Town Council with changes and suggestions indicated to Staff by the Commission, Ms. Dill,
and Mr. Schloh.
Carried unanimously.
N:\CLK\ Minutes - Plan 'g- Adopted\2000 \12.06.00.wpd 31
Date: November 30, 2000
For Agenda Of: December 6, 2000
Agenda Item: 7
REPORT TO: The Planning Commission
FROM: Paul L. Curtis, Director of Community Development
LOCATION: Zoning Code Amendment A -00 -3
Public hearing to consider an amendment of the Town Code for the definitions of
historic structures and demolitions of historic structures and demolitions of historic
and nonhistoric structures, demolitions, parking for properties with an LHP overlay
zone, exemptions for parking requirements for major additions to single family
dwellings, appeal process, noticing and modification to the application process for
filing a building permit.
APPLICANT: Town of Los Gatos
FINDINGS: The Planning Commission must make a finding thatthe ordinance amendments are
consistent with the General Plan if their recommendation is for approval.
ACTION: Recommendation to Town Council.
ENVIRONMENTAL
ASSESSMENT: It has been determined thatthese amendments could not possibly have a significant
effect on the environment. Therefore, the amendments are exempt from the
California Environmental Quality Act pursuant to Section 15061(b)(3).
EXHIBITS: A. Draft Town Code Amendment
RECOMMENDATION
SUMMARY: Recommendation to Town Council for adoption.
A. REMARKS:
Due to the number of unlawful demolitions which have been occurring over the past several years, at a joint
study session with the Town Council, Planning Commission and Historic Preservation Committee, Council
directed staff to develop penalties for unlawful demolitions. During this process, staff and the Historic
Preservation Committee determined that other sections of the Town Code should be amended which were
related to demolitions. The Commission should be aware that the title Planning Director and Planning
Department are being used in the amendments to be consistent with the titles in the entire Town Code even
though the titles are now Community Development and Community Development Director.
1. Definitions
In reviewing the definitions of a demolition, the Planning Commission must first consider the intent of
discouraging demolitions. Typically demolitions are discouraged due to the amount of waste that is
deposited in the landfill. Based on the current and proposed ordinance this goal is not met. If the required
walls remain, yet the rest of the house, including the foundation is removed, it is not a demolition. Another
reason for discouraging demolitions in the past is that a new house costs more than a remodeled house.
Based on the current market, this is no longer a correct assumption. Another reason for discouraging
demolitions is to keep the character of the neighborhood. Due to major remodels, the prohibition of a
demolition would not meet this goal. The use of residential design guidelines would be the
Implementation strategy for neighborhood compatibility.
Attachment 4
2/20/01 TC Report
The Planning Commission - Page 3
Zoning Code Amendment A -00 -3
December 6, 2000
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,
structure has no historic significance and should
Inventory.
unless the deciding body has determined that the
not be included in the Town Historic Resources
Wall, exterior means one of the sides of a building connecting foundation and roof. A wail 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 Cove'ring, inteciormeans the finished surface of an Interior wall.
2. Demolition Verification Penalties Maintenance and Salvaging
If the work proposed is close to being a demolition, an amendment is proposed to require the developer
to provide verification from a structural engineer that the walls proposed to remain can remain. During
construction, staff has had situations where the developer claims that although the walls were shown to
remain, structurally it was not possible and the work then became a demolition. To avoid this situation,
verification that the walls can remain is recommended to be required. This proposed amendment also
requires the contractor to sign a statement prior to the issuance of a building permit that they are aware
of the Town's definition of a demolition and the penalties associated with an unlawful demolition.
The current penalty for unlawful demolitions is double fees for planning applications. Due to the current
financial situation of the valley, the majority of the developers are unconcerned with the double fees and
do not see it as a penalty. Therefore, additional penalty fees are recommended to be applied as
discussed below. The fees are based on the assessed value of the land and improvements and the
historic status of the site. For an example, the property at 215 Belmont Avenue had to pay $6,028 for
planning fees. Using the assessment data provided by Metroscan, the proposed additional penalty fee
would be $38,959. With the proposed penalty fee, the total penalty fee would have been $44,987.
A section is also proposed to be added which provides a process for developers who find during
construction that the structure is in deteriorated condition and cannot be repaired and that a demolition
request is needed. This is for work that has been done that does not classify as a demolition.
Another section proposed to be added deals with the salvaging of building materials from an historic
structure. This could potentially help reduce the amount of material that goes in a landfill and provides
resources for those who are seeking such building materials for remodels /additions on other historic
structures.
Following are the recommended additions to the Town Code as discussed above.
Sec. 29.10.09030 Demolitions
(f) Verification thatwork will not result in 'a demolition: Priorto 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
The Planning Commission - Page 5
Zoning Code Amendment A -00 -3
December 6, 2000
(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 applicantshall paythe 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 an historic structure is allowed, the Town
shalt provide th'e, developer of the structure to be derolished. with information atiouf the salvaging of
historic 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 adverfisement
published in` a newspaper of generaPcitcu7ati6n, of the availability of materials for salvage, fncludhg the
nariie'and.- telephone numberof a contact person. Upon request, the Planning Director may make this
information available to persons, who maybe interested in contacting the owners) to arrange for possible 1.
salvage of historic building materials. No salvag'ing;of materials shall occur until a demolition permit has
been approved by the Building. Department.
3. Off Street Parkin
An amendment is proposed to the parking section for major additions to an historic structure and new
single family residences in an historic district. Currently, Town Code requires the parking to be met for
major additions unless findings can be made that there is not adequate area to provide the parking. It is
recommended that an exemption also be permitted if the requirement of the parking space will impact the
historic character of the site and /or structure. Typically, historic homes are on small narrow lots with a
detached one car garage at the rear of the lot. The expansion of these garages or the addition of an
attached garage can change the character of the house. This exemption would not preclude the addition
of uncovered parking spaces if space is available.
If a residence is demolished and a new residence is proposed, the new structure must meet all current
Town Code requirements. In the past, the Town has had problems dealing with unlawful demolitions in
historic districts where the site was nonconforming as to parking. Due to the size and dimensions of the
lot, a variance would be required to not meet the parking requirement or parking would be added which
was out of character with the historic neighborhood. Therefore, it is recommended that a section be
added to the Town Code which permits lots with a Landmark Historic Preservation overlay zone that are
nonconforming as to parking, to remain nonconforming as to parking if no changes to the previously
approved plans are made.
Following are the recommended changes to the Town Code as discussed above
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
(4(2) The addition is determined necessary to provide adequate floor area for a suitable living
environment; and
The Planning Commission - Page 7
Zoning Code Amendment A -00 -3
December 6, 2000
5. Permit Process
The following section is proposed to be added to the Town Code to put the contractor and his workers
on notice that a structure is historic and that all changes to the plan must receive Town approval.
Sec. 29.80.265. Applications for permit.
Prior to issuance of a building permit, a Notice to Contractor form must be sighed 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.
6. Notice to Heritage Preservation Society
In 1998, major revisions were made to the Historic Preservation Section of the Town Code. At that time
this section was approved to be deleted. However, the publishing company for Town Code updates did
not delete this section. To rectify this situation the deletion has been made part of this ordinance. The
reason for the deletion is that at the time the ordinance was first written, the Town did not have an active
Historic Preservation Committee, and the Society basically oversaw the Town's historic preservation
matters and received all copies of reports dealing with Town historic preservation. The Committee is now
very active and the Society has taken an inactive role in the Town's historic matters and it is questionable
if they are still in existence. Therefore, it is recommended that the following section of the Town Code
be eliminated. If the Society wants to continue to receive notices, they can provide self addressed
envelopes as other interested groups do.
Sec. 29.80.275. Netiee.. Deleted in its entirety
7. Historic Preservation Committee
The Historic Preservation Committee considered the proposed Town Code amendments at numerous
meetings and recommend that the amendments be adopted.
8. Certified Local Government
As required by the State for Certified Local Governments, the proposed amendments are being sent to
the State Office of Historic Preservation for their review and comment. Any comments received by the
State will be presented to the Town Council.
ORDINANCE
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 a- 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
(3j (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
EXHIBIT A
of Attachment 4
2/20/01 TC Report
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 contractor shall sign a statement 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
3
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.
0) Salvage of Building Materials.. When demolition of an historic structure is allowed, the
Town shall provide the developer of the structure to be demolished with information about the
salvaging of historic 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
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.
(4) 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.
(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
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ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADMORDSMEMO.ORD
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