04 Staff Report. Building Board of Appeals with attachments
PREPARED BY: Jenna De Long
Deputy Town Clerk
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: 03/05/2024 ITEM NO: 4
DATE: February 26, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Titled, “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 an ordinance titled, “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 1).
BACKGROUND:
At its meeting of January 16, 2024, the Town Council voted to disband the existing Building
Board of Appeals (BOA) and assume the duties of the Building Board of Appeals in accordance
with Section 1.8.8 of the California Building Code.
On February 5, 2024, the Town Council voted to adopt a resolution rescinding the enabling
resolutions of the BOA and introduce an ordinance titled, “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.”
DISCUSSION:
Adoption of this ordinance will amend Town Code Section 29.50.755, which lists the duties of
the Town Council, to include hearing appeals from the decisions of the Building Official.
The draft ordinance (Attachment 1) is attached for the Town Council’s consideration.
PAGE 2 OF 2 SUBJECT: Building Board of Appeals DATE: February 26, 2024
COORDINATION:
This report was coordinated with the Town Attorney’s Office, Community Development
Department, and Building Official.
FISCAL IMPACT:
Adoption includes codification of the ordinance which is budgeted.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Proposed Ordinance
1 of 3
Ordinance Council Meeting Date
ATTACHMENT 1
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 1
(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 1
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: __________________