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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 This Page 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 N:\DEV\ORDS\DEMO.ORD This Page Intentionally Left Blank 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 7 ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADMORDSMEMO.ORD 0 This Page Intentionally Left Blank