Attachment 2 - Resolution making Finding modifying California Codes1 of 3
Resolution 20 - November 5, 2019
RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING FINDINGS FOR MODIFYING THE 2019 CALIFORNIA
BUILDING AND FIRE CODES
WHEREAS, Section 17958 of the Health and Safety Code requires that cities and towns
choose between adopting ordinances and regulations imposing uniform codes setting rules and
regulations for building, fire, mechanical, plumbing, electrical, and housing, or submitting to the
regulations adopted by the State Building Standards Commission; and
WHEREAS, the Town of Los Gatos, in Chapter 6 and Chapter 9 of the Town Code, had
previously adopted the uniform codes; and
WHEREAS, the State of California Building Standards Commission adopted 12 new Parts
for the California Code of Regulations, CCR Title 24, which the Town will be required to enforce
as written or as adopted with local amendments; and
WHEREAS, Sections 17958.5 and 17958.7 of the Health and Safety Code permits cities
and towns to modify the California Code requirements if it makes express findings that such
modifications are reasonably necessary because of local climatic, geological, geographical, or
topographical conditions; and
WHEREAS, the Town of Los Gatos experiences low humidity, high wind, and warm
temperatures during the summer months creating conditions which are particularly conducive
to the ignition and spread of grass, brush, and structure fires; and
WHEREAS, the Town of Los Gatos is situated adjacent to active earthquake faults
capable of producing substantial seismic events; and
WHEREAS, the Town of Los Gatos is partially located in rugged, steep, and heavily
vegetated hillsides accessible over limited roadways that are steep, narrow, and circuitous; and
WHEREAS, the Town of Los Gatos is divided by a creek, freeways and other traffic
corridors, and is partially located in hillside areas with limited access, the occurrence of a major
earthquake would significantly impact the ability of fire crews to respond to emergen cies
should one or more bridges collapse or be substantially damaged. Additionally, fire suppression
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Resolution 20 - November 5, 2019
capabilities will be severely limited should the water system be extensively damaged during a
seismic event; and
WHEREAS, due to these climatic, geological, geographical, and topographical conditions,
mitigation measures are necessary such as automatic fire suppression systems,
communications systems, access to buildings, seismic protection, safety controls for hazardous
materials, and other safeguards are necessary in order to minimize the risks to citizens,
firefighters, and property resulting from the severity of a fire threat and potential delays in
responding to such threats.
WHEREAS, the Town of Los Gatos finds that each of the amendments, additions and
deletions to the California Energy Code contained in this ordinance are reasonably necessary
because of local climatic, geological or topographical conditions; and
WHEREAS, Public Resources Code Section 25402.l(h)2 and Section 10-106. of the
Building Energy Efficiency Standards (Standards) establish a process which allows local adoption
of energy standards that are more stringent than the statewide Standards, provided that such
local standards are cost effective and the California Energy Commission finds that the standards
will require buildings to be designed to consume no more energy than permitted by the
California Energy Code; and
WHEREAS, the California Codes and Standards Reach Code Program, has determined
specific modifications to the 2019 State Energy Code for each climate zone that are cost
effective;
WHEREAS, based upon this analysis, the Town of Los Gatos finds that the local
amendments to the California Energy Code contained in this ordinance are cost effective and
will require buildings to be designed to consume no more energy than permitted by the
California Energy Code;
NOW, THEREFORE, BE IT RESOLVED:
That the modifications to the California Codes contained in an Ordinance introduced by
the Town Council on December 3, 2019, are reasonably necessary to address the climatic,
geological, geographical, and topographical conditions described herein above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of December 2019, by the following vote:
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Resolution 20 - November 5, 2019
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: __________________