17 Staff Report. Building Board of Appeals with attachments
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 2/20/2024 ITEM NO:
DATE: February 12, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt Resolution Repealing the Building Board of Appeals (BBA) Enabling
Resolutions and Introduce “An Ordinance of the Town Council of the Town of
Los Gatos Designating the Town Council to Hear Appeals from Decisions of
the Building Official.”
RECOMMENDATION:
Adopt resolution repealing the Building Board of Appeals (BBA) enabling resolutions
(Attachment 1) and introduce “An Ordinance of the Town Council of the Town of Los Gatos
Designating the Town Council to Hear Appeals from Decisions of the Building Official”
(Attachment 3).
BACKGROUND:
The Town currently has Building Board of Appeals. As authorized by Section 1.8.8 of the
California Building Code, the Town’s Building Board of Appeals was established in 1991 to hear
appeals from decisions of the Town’s Building Official. Examples of appealable decisions are:
the application or interpretation of specific California Building Code provisions, such as those
related to occupancy load, exiting, or accessibility; or the rejection of requests to use
alternative materials or methods not explicitly authorized by the California Building Code. The
Building Board of Appeals does not have the ability to waive California Building Code
requirements altogether. Since the Building Board of Appeals was established, no appeals have
been submitted or heard.
Section 1.8.8 of the California Building Code does provide that a Town Council can assume the
duties of hearing appeals from decisions of the Building Official instead of having a separate
Building Board of Appeals.
PAGE 2 OF 2 SUBJECT: Building Board of Appeals DATE: February 12, 2024
DISCUSSION:
This topic was scheduled for a discussion at the January 16, 2024 Town Council to determine
whether:
1) A separate Building Board of Appeals should be retained; or
2) The existing Building Board of Appeals should be disbanded and provide that the Town
Council will assume the duties of the Building Board of Appeals and hear appeals from
decisions of the Building Official.
The Town Council voted to disband the existing Building Board of Appeals and assume the
duties of the Building Board of Appeals. A resolution rescinding the enabling resolutions
(Attachment 1) and an amendment to the ordinance (Attachments 2 and 3) are attached for the
Town Council’s consideration.
COORDINATION:
This report was coordinated with the Town Attorney’s Office, Community Development
Department, and Building Official.
FISCAL IMPACT:
The discussion and possible action will not affect the Town’s Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Building Board of Appeals Resolution
2. Ordinance Redline
3. Proposed Ordinance
1 of 2
Resolution 20 - February 20, 2024
ATTACHMENT 1
RESOLUTION NO. 2024 - xx
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTIONS NOS. 1991-279, 1995-44, AND 1996-31,
ENABLING A BUILDING BOARD OF APPEALS
WHEREAS, the Town Council, in adopting Resolution 1991-279, which was later
amended by Resolutions Nos 1995-44, 1996-31, and 2021-040;
WHEREAS, the Building Board of Appeals has not heard any appeals since its
inception;
WHEREAS, California Building Code Section 1.8.8 authorizes the Town Council to
serve as a Building Board of Appeals; and
WHEREAS, the Town Council now desires to rescind the enabling resolution to
disband the Building Board of Appeals and assume its duties.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
RESOLVE THAT:
1) Resolutions Nos. 1991-279, 1995-44, 1996-31, and 2021-040 are rescinded.
2) The Building Board of Appeals is disbanded and in accordance with the California
Building Code Section 1.8.8, the Town Council will hear appeals from decisions of
the Building Official.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of February, 2024 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
2 of 2
Resolution 20 - February 20, 2024
ATTACHMENT 1
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Created: 2023-12-19 13:00:29 [EST]
(Supp. No. 93)
Page 1 of 1
ATTACHMENT 2
Sec. 29.20.755. Town Council.
The Town Council:
(1) May initiate and refer general plan amendments and specific plans or amendments to the Planning
Commission for recommendation.
(2) Hears and determines Planning Commission recommendations for the adoption or amendment of the
general plan or any specific plans and conditional use permits for establishments selling alcoholic
beverages for on premises consumption (excluding restaurants) and for retail sales of firearms,
ammunition and/or destructive devices.
(3) Adopts ordinances.
(4) May initiate and refer zone changes and amendments to this chapter to the Planning Commission for
recommendation. Nonsubstantive ordinance amendments may, but need not be, referred to the
Planning Commission.
(5) Hears appeals from decisions of the Planning Commission Building Official.
(6) Hears appeals from decisions of the Planning Commission.
(6)(7) Determines whether to extend suspension under section 29.80.285.
(7)(8) Determines applications for permits for signs on public property, including but not limited to
community-oriented bulletin boards and kiosks.
(8)(9) Determines mobile home park conversion permit applications.
(9)(10) Appoints Historic Preservation Committee members.
(10)(11) Determines requests for reasonable accommodation when action is not required of the Planning
Commission, Development Review Committee, or the Planning Director.
(Ord. No. 1316, § 5.60.300, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1758, § VIII, 8-1-88;
Ord. No. 1762, § II, 9-19-88; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2304
, § II, 2-18-20)
1 of 3
Ordinance Council Meeting Date
ATTACHMENT 3
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DESIGNATING THE TOWN COUNCIL TO HEAR APPEALS FROM DECISIONS OF THE
BUILDING OFFICIAL
WHEREAS, the Town is required to designate an appeal body to hear appeals from
decisions of the Building Official;
WHEREAS, in 1991, the Town established a Building Board of Appeals;
WHEREAS, due to a lack of appeals since the Building Board of Appeals was established,
the Town Council has rescinded the enabling resolutions establishing a Building Board of Appeals;
WHEREAS, California Building Code Section 1.8.8 authorizes city councils to assume the
duties of a Building Board of Appeals;
WHEREAS, the Town Council has opted to assume the duties of a Building Board of
Appeals; and
WHEREAS, Town Code Section 29.50.755 lists the Town Council duties;
WHEREAS, the proposed ordinance will revised the listed duties of the Town Council to
add hearing appeals from decisions of the Building Official;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Section 29.20.755, “Town Council,” of the Town Code is hereby amended to read as
follows:
Sec. 29.20.755. Town Council.
The Town Council:
(1) May initiate and refer general plan amendments and specific plans or amendments to
the Planning Commission for recommendation.
(2) Hears and determines Planning Commission recommendations for the adoption or
amendment of the general plan or any specific plans and conditional use permits for
establishments selling alcoholic beverages for on premises consumption (excluding
restaurants) and for retail sales of firearms, ammunition and/or destructive devices.
(3) Adopts ordinances.
2 of 3
Ordinance Council Meeting Date
ATTACHMENT 3
(4) May initiate and refer zone changes and amendments to this chapter to the Planning
Commission for recommendation. Nonsubstantive ordinance amendments may, but
need not be, referred to the Planning Commission.
(5) Hears appeals from decisions of the Building Official.
(6) Hears appeals from decisions of the Planning Commission.
(7) Determines whether to extend suspension under section 29.80.285.
(8) Determines applications for permits for signs on public property, including but not
limited to community-oriented bulletin boards and kiosks.
(9) Determines mobile home park conversion permit applications.
(10) Appoints Historic Preservation Committee members.
(11) Determines requests for reasonable accommodation when action is not required of
the Planning Commission, Development Review Committee, or the Planning Director.
(Ord. No. 1316, § 5.60.300, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No.
1758, § VIII, 8-1-88; Ord. No. 1762, § II, 9-19-88; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No.
2222, § II(Exh. A), 10-21-13; Ord. No. 2304 , § II, 2-18-20)
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with
certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in
accordance with Section 36933 pf the Government Code of the State of California.
3 of 3
Ordinance Council Meeting Date
ATTACHMENT 3
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________