07 Staff Report. Adopt Definition of Qualifying Alterations with attachments
PREPARED BY: Bridgette Falconio
Administrative Technician
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: 01/21/2025 ITEM NO: 7
DATE: January 9, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt An Ordinance Amending Section 06.20.020 (Buildings and Building
Regulations) to Add the Definition of Qualifying Alterations.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos
Adding a Section 06.20.020, “Qualifying Alterations,” to Article II,
“Administration of Codes,” of Chapter 6, “Buildings And Building
Regulations,” of the Town Code to Add a Definition for “Qualifying
Alterations.”
RECOMMENDATION:
Adopt an ordinance amending section 06.20.020 (buildings and building regulations) to add the
definition of qualifying alterations.
BACKGROUND:
At the regular meeting of December 17, 2024, the Town Council held a public hearing to
consider the introduction of an ordinance amending section 06.20.020 (buildings and building
regulations) to add the definition of qualifying alterations. The Town Council voted unanimously
to approve the introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The ordinance will take
effect 30 days after its adoption.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office in the
preparation of this report.
PAGE 2 OF 2 SUBJECT: Adopt Definition of Qualifying Alterations DATE: January 9, 2025 FISCAL IMPACT:
The adoption of the ordinance defining “qualifying alterations” is not expected to have a
significant fiscal impact. However, future implementation of NOx regulations may require
additional resources for enforcement and compliance monitoring.
ENVIRONMENTAL ASSESSMENT:
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).
Attachments:
1. Draft Ordinance Adding Definition of Qualifying Alterations
1 of 2
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADDING A SECTION 06.20.020, “QUALIFYING ALTERATIONS,” TO ARTICLE II, “ADMINISTRATION OF CODES,” OF CHAPTER 6, “BUILDINGS AND BUILDING REGULATIONS,” OF THE TOWN CODE TO ADD A
DEFINITION FOR “QUALIFYING ALTERATIONS”
WHEREAS, the subject Ordinance will amend Section 06.20.020, “Building and Building
Regulations,” of the Los Gatos Town Code to add a definition for “qualifying alterations” that are
subject to new state Building Codes;
WHEREAS, this meeting was publicly noticed; and
WHEREAS, the proposed Ordinance is exempt from environmental review under Section
15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that
the proposed changes to the Town’s Municipal Code may have a significant effect on the
environment;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 6.20.020, “Buildings and Building Regulations,” is added to Article II,
“Administration of Codes,” of Chapter 6, “Buildings and Building Regulations,” to read as
follows:
Chapter 6 – Buildings and Building Regulations
Article II – Administration of Codes
Section 6.20.020 – Qualifying Alterations.
Substantial renovations/alterations that include replacement of over 50 percent of the existing
foundation for purposes other than a repair or reinforcement, as defined in California Existing
Building Code, Section 202; or where over 50 percent of the existing framing above the sill plate
is removed or replaced for purposes other than repair, shall meet the new construction
requirements of California Code of Regulations, Title 24 as modified by the Town of Los Gatos.
If either of these criteria are met within a three-year period, measured from the date of the
most recent previously obtained permit final date, the project shall be subject to the new
construction requirements.
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
ATTACHMENT 1
2 of 2
Draft Ordinance Adoption Date
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 of the Government Code of the State of California.
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
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA