Attachment 4 - April 16, 2001 Town Council Agenda Reportpow x of
Og'�p�pS
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 4/16/01
ITEM NO. .Z%0
COUNCIL AGENDA REPORT
April 11, 2001
MAYOR AND TOWN COUNCIL
TOWN MANAGE
CONSIDER PLANNING 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
FILINGABUILDING 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 6 or 7).
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� ' —
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Attorney
Revised: 4/11/01 2:25 pm
Reformatted: 7114/99 ATTAU1MENT 4
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
April 12, 2001
DISCUSSION:
The Town Council considered this matter on February 20, 2001 and continued the matter to April
2, 200 1 (Attachment 4). The item was continued by Council to April 16, 2001 without discussion
since a continuance was recommended by staff. At the February 20, 2001 meeting, Council
expressed concern about requiring a penalty fee using the assessed value of the property (land and
improvements) since this information may not reflect current market value. This could result in a
disagreement about the proper value to use. Therefore, staff suggests using a penalty fee based on
the valuation of the building permit which is a value that is determined pursuant to criteria specified
in the Uniform Building Code. Using the building permit valuation, it is recommended that the fine
be 15 percent of the valuation of the building permit for Landmark Historic Preservation structures
and 10 percent for all other historic structures. In the event a structure was demolished which had
no building permits, the fine would then be assessed on the valuation of the building permit filed for
the replacement structure. See Attachment 6, Section 29.10.09030(g) for the revised text of the
ordinance. Following is a comparison of the fee based on the originally proposed Assessed Value
and the currently recommended Building Permit Valuation. As a reminder, no additional penalty
fees are proposed for nonhistoric structures unlawfully demolished.
FOR AN HISTORIC STRUCTURE (NO LHP OVERLAY ZONE)
Lot Size: 7,500 sq ft Existing House: 1,393 sq ft Proposed House: 3,972 (including cellar)
Original Fine Methodology
Assessed Value of Land And
%
Fine
Double Fees
Total Fine
Improvements
$779,174.00
5%
$38,958.70
$6,028.00
$44,986.70
Recommended Fine Methodology
Building Permit Valuation
%
Fine
I Double Fees
Total Fine
$270,992.51
10%
$27,099.25
1 $6,028.00
$33,127.25
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
April 12, 2001
FOR AN HISTORIC STRUCTURE (WITH LHP OVERLAY ZONE)*
Lot Size: 7,500 sq ft Existing House: 1,393 sq ft Proposed House: 3,972 (including cellar)
Original Fine Methodology
Assessed Value of Land And
%
Fine
Double Fees
Total Fine
Improvements
$779,174.00
10%
$77,917.40
$6,028.00
$83,945.40
Recommended Fine Methodology
Building Permit Valuation
%
Fine
Double Fees
Total Fine
$270,992.51
115%
$40,648.88
$6,028.00
$46,676.88
airuciures with an LHP overlay zone are historic by Town Code definition, and it is not related to
the year built
Council also questioned why the Planning Commission deleted Section 29.10.150(h)(1) of the
existing Town Code. This section allows the deciding body to make a finding to not meet the
required parking for major additions if the addition is necessary to provide adequate floor area for
a suitable living environment. The Commission felt that this finding was too subjective and that
there were no measurements or guidelines to determine what was considered a suitable living
environment. Therefore, they recommended that this section be deleted. Council may want to leave
this Code Section intact if it determines that the section provides latitude to allow a larger home,
without adding parking, if the finding can be made that an existing home fails to provide a suitable
living environment due to it's small size or limited number of bedrooms/bathrooms.
STAFF NOTES:
Staff has amended the proposed Section 29.10.09030(1) which deals with verification that
the work proposed will not result in a demolition for historic and nonhistoric structures to
include the property owner's signature that they understand the definition of a demolition
and the penalties for an unlawful demolition. The changes made increase the enforcement
of this section. Following are the recommended changes:
(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
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
April 12, 2001
contractor shall sign an statement affidavit to the Town that they are aware of the
Town's definition of a demolition and the penalties associated with an unlawful
demolition.
2. Subsequent to the first Council meeting on this matter, staff discovered two other sections
of the Town Code concerning demolitions which can be interpreted differently which
Council may want to consider amending. One of the sections deals with the definition of
"destroy ". Pursuant to Section 29.10.020 of the Town Code, "destroy means and includes
demolish or raze, fully or partially, any building or structure by any means including, but not
limited to fire, explosion, act of God, act of the public enemy, voluntary act of the owner or
wrongful act of another." Section 29.10.260 of the Town Code allows a nonconforming
residential structure to be rebuilt if destroyed, if it is rebuilt on the same foundation in
substantially the same manner as it existed before its destruction. Nonconforming buildings
include buildings which do not meet setbacks, lot coverage, FAR, height or number of
stories. In the past, the nonconforming section was interpreted to apply to structures which
were damaged by fire or act of God (earthquake or landslide). This section was intended to
assist property owners to rebuild their home after such a tragedy. In this instance,
Architecture and Site approval is not required and the owner can apply directly for a building
permit if there are no changes to what was existing previously.
However, the definition of destroy goes beyond an act of God and includes the "voluntary
act of the owner or wrongful act of another ". These Town Code sections could be interpreted
to allow a nonconforming building which is under construction for an addition, which was
unlawfully demolished by the property owner or the contractor to be reconstructed as a
nonconforming building. To prohibit this from happening, it is recommended that the
definition of destroy and/or the section of the Town Code dealing with the reconstruction of
a nonconforming building be amended at a future date. The amendment cannot be made as
part of this ordinance without first seeking additional review by the Planning Commission.
CONCLUSION:
Council should consider both alternatives presented for assessing penalty fees (assessed value of land
and improvements (Attachment 6) and building permit valuation (Attachment 7)) and determine
which alternative should be used or if another alternative should be developed. If Council
determines that the definition of destroy and \or an amendment concerning the reconstruction of a
nonconforming building should also be amended, Council can adopt the current amendments and
should direct staffto prepare a report to the Planning Commission concerning the other amendments.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ZONING ORDINANCE AMENDMENT A -00 -3
April 12, 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 - 4 Previously submitted
3. Town Council minute excerpts from the meeting of February 20, 2001.
4. Revised Draft Ordinance (using assessed value of land and improvements).
5. Revised Draft Ordinance (using building permit valuation).
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:\DEV\CNCLRPTS\dejno.2.wpd
This Page
Intentionally
Left Blank
Town Council Minutes
Redevelopment Agency
February 20, 2001
Los Gatos, California
S1qn ueen operations manager for Pacific Diversified, 1152 Newhall, San Jose, noted that the
majo concern was the bank stability. The soils engineer said the slope was composed of bedrock
and wo support a house on the hillside. The riparian area could be improved d would include
mitigation ' provements for infringing on the riparian way. The staff & orb 'st believed it was a
good project. fter the total design was complete, the environmental re came in and stated that
the house was ' e riparian corridor. The report came after the o work had been completed,
and they did not ha time to addresses the concerns of the envir ental report. He noted that this
town's process diffe from others he was familiar with a ey had not been prepared for this
system. He was willing take direction from Council continue to meet the stipulations of the
town's process. His main stion of Planning Co ssion and Council was density so he could
move forward on design propo ls. Should he ' ease or decrease density?
Anne Lamborn, 7 Monroe Crt., 'scent ent, would like neighbors that would purchase their
property and live on the site. She won er a cul-de -sac configuration, and that the property while
under construction be cleaned up an tact with respect and care.
No one else from the audience ad ssed ' issue.
Motion by Mr. ;n-tlon anto seconded by Mr. way, to close the public hearing. Carried
unanimously.
/sificationofuse; r. to remand this project to Pl Motion dies for lack of a second.
r. Glickman, seconded by Mr. Attaway, to y the appeal without prejudice.
ussion within motion: To begin again with town's ocess; pay the full fees; speak
ning Director; be allowed to proceed within the have less impact and
of use; return the site to a rural environment abutting a rip ' h abitat.) Carved by
s. Mr. Blanton voted no.
DEMOLITIONS OF HISTORIC AND NON - HISTORIC STRUCTURES /ORDINANCE (15.31)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider
Planning Commission recommendation to amend the Town Code for the definitions of Historic
Structures and demolitions 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 filing a building permit. Zoning Ordinance Amendment
A -00 -3. Applicant: Town of Los Gatos.
The following person from the audience addressed this issue:
Jack Vierhus, 2438 Adonis Way, Campbell, asked about the clear definitions of historic structure.
He requested definitions that are extremely clear and concise, not subjective decisions that cannot be
challenged if the fines to be levied are going to be so high. No one else addressed this subject.
HEARINGS CONTINUED
DEMOLITIONS OF HISTORIC AND NON - HISTORIC STRUCTURES CONT.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Council comments:
Mr. Attaway asked that Council have a range of fines to work within after reviewing the
amount that can b e charged. He asked that property values be defined, setting the date,
or point in time, for the assessed valuation. That 10% of the land and improvements be
used, as determined by the county's assessment records.
6 ATTACHMENT 5
4/16/01 TC Report
Town Council Minutes
Redevelopment Agency
February 20, 2001
Los Gatos, California
Mr. Glickman agreed with the definition on page 3 defining historic as any primary
structure built before 1941, unless the deciding body determines otherwise.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council continue this item to
April 2, 2001, to include the amendments which were suggested and to make the
definition of historic structure as tight as possible. Carried unanimously.
4MUNITY DEVELOPMENT BLOCK GRANT /CITY- COUNTY/RESOL ON 2001 -17
42)
Mr. Glickman asked about respite care. It is established for the el rly but he asked for
care of others than the elderly. He asked Council to consider nding grant to assist
i respite care for any family member that may need this se ice. He also asked how
to tend grant funding to other agencies.
Staff formation: Regina Falkner, Community Se ices Director, noted that CDBG
funds ar Federal funds for supplying housing an social services to low and moderate
income fa ilies. Participating Municipalities ork together for these grants and Los
Gatos recei es about 165 thousand a year. plications from agencies are taken by the
Town at this ime of the year for both th DBG and the Town's community grants.
The Town's c munity grants are don ed from the Town's general fund.
Motion by Mr. Glic an, seconded M rs. Decker, that Council adopt Resolution 2001 -
17entitled,RESOL IONOFT TOWNOFLOSGATOSAUTHORIZINGTHETOWN
Carried unanimously.
COUNCIL COMMITTEE ORT (16.28)
Mrs. Decker noted h visit to the s Commission and reported that they are investigating ways
of earning their o revenue. She visited the Community Services Commission and listed to
the reports that re given on the requ is for grants from the different agencies.
Mayor Pirzyn ' reminded Council of th 9:00 a.m. meeting at the Los Gatos Lodge this Saturday.
ADJOURNMEN
Motion Mr. Blanton, seconded by Mr. Glic to adjourn this evening's meeting at 11:05 p.m.
ATTEST:
Marian V. Cosgrove, Town Clerk
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 flieing- eley2tionJf p the eel as t r�Ic pr tt ctr =is
landlocked) or fifty (50) percent of all exterior walls; or
.,:...V .1:a:1....:..:. l:ft:.
(3) (2) Enclosure or alteration (1e: newv windowaod..eir, winnow relocoon) 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
ATTACHMENT 6
4/16/01 TC Report
The Ali remaining exterior walls must be contiguous and must retainmai�i3
interior-or-lbe existing exterior wall covering. — Werior wall covering shah be
permitted over the existing exterior wall coveting. -T <;s definition
uV I1. 311413 U�
Ir
exempt from this definition:
a. Replacement
The exterior wall covering may bUA * ',covering is not orightp
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 w< -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 wails.
Demolition (nonhistoric structures) means removal of more than fifty (50) percent ofali the
exterior walls
are - removed. 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, imlesv ilie deeidiiig�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 fountdatJon and roof.- A wall
encompasses the total height and width of the side of the building, the exterior or interior wntl
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 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) Be subject to the greater.gf the following penalties set by the. , Director
as an administration order-
(ii If the structure has a Landmark Historic % e§&0 ibis ifesignatioTf° if
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 hist4k i e§Wence and does not have a Landmark
Historic Preservation overlay zone, the fine shall be equal to five (5)
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 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 eisli the assessed pei ally fees by rise 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 alien against the renal
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
4
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�e for hearing such report and any
protests or objections thereto by Towifftir -il.
(6) The Planning Director shall cause wntteri rfotrce 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,rlemolition- without a penalty1mvided 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 shalt be credited to the
Architecture and Site application fee. If the Development Review Committee determines that
the application cannot he approved, the applicant shall pay the credited fee for the Architecture
and Site application if the application is appealed to the Planning Commission.
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 Mtoric Preservation Committee
determines that tgarcement of subsection (g) will impact the hsttitic
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 upt zequired if subsection (h)(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 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 unlawfWlWeoiolition and /or the penalty
fee for the lawful demolition the Planning ConmiissiMie.siali 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
7
resolution.
Sec. 29.80.265. Applications for permit.
Prior to issuance of a buildin' - rmr
. t A ":' -b tug
cc�stixstb �1 p. "osfd at the jgli stte;stfra thatf6a1ourees
its
gtvory atyaia <iviat4ow from,tdi erv#ed I it.lf trr1
appr& -. 'Tbis iW' rmation shalt be affixed pj thy;
"'
Sec.29.80.275. Notice De eteii in its entirety,
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 12001.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
x: h
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
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 LID 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.pareel is a corridor. lot or is
landlocked) or fifty (50) percent of all exterior walls; or
tv
unn.. �nb.:i -M-MM.n�n�.�nw.
• h : • ..:.i aau..�aul
(3) (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
ATTACHMENT 7
4/16/01 TC Report
Tile All remaining exterior walls must be contiguous and must retain Yaimain either {
interfere e existing exterior wall covering. No new exterior mall covering shall be
permitted over the existing exterior wall covering. rt
- - -...... .. u.� �uanvc- -scmJccr -to
The following are
ex-erupt from this definition:
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 strueture'and which has no
historic significance, as determined by the Historic Preservation Committee.
Demolition shall be determinVd -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-ali the
exterior walls the
are - removed. 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, 4xteraar means one of the sides of a building corntedwg1oundation 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 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) Be subject to the greater of the fiailowifig penal/ ids set by the Planning Director
as an administration order:
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
( If the structure was an historic residence and does not have a Landmark
Historic P #*0Rti(n 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 shy) "Sessed on the building
permit tiled 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 alien against the real
property on which the violation has occurred.
(2) The lien provided herein shall have no farce 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 681110 to 683.220, inclusive, of the Code of Civil Procedure.
(3) Interest shall accrue on the principal amount of the judgement remaining
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 bWn provided to justify the necessity of the demolition, and
(4) No changes to the pr ly. 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 apphco4op' if the, application is appealed to the Planning Commission.
0) 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 addition is determined neeessmy to prmide adequate-flo
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 lot does not have adequate area to provide parking as required by
subsection (c)(1). This finding is not required if subsection (h)(l) 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 I, ) t k Historic Preservation overlay zone. Residential structure(s) with a
Landmark Histor'eservation 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 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
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.
Prim .10, a uatree of a btuldaaag partslit a:Aiotiee to Con4a<xor =forrn rat be signed• by the
contraCtorkand posted 4t* A'site sfiating t3�a# eprop0ifiy t -tti is e R st r s
nn enxat�+ na.devlatioris: it 1 e a#�pxo<+sd plus &CAUPW d o prior review and
apprdval: lbis iaorrilkatibn shal3`^ ,affi)md ona 11* appfoved b a , plant,
' :1 . E e
.. : - .
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: \DE V \ORDS\DEMO.ORD 1. wpd