Ord 2365 - Reach Codes Ordinance (Rescinding All Electric Construction)ORDINANCE 2365
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REPEALING SECTION 6.120.060, "ALL ELECTRIC CONSTRUCTION DEFINITIONS,"
SECTION 6.120.070, "RESIDENTIAL ALL ELECTRIC CONSTRUCTION," AND SECTION
6.120.080, "NONRESIDENTIAL ALL ELECTRIC CONSTRUCTION" OF THE TOWN CODE
WHEREAS, on November 15, 2022, the Town adopted the California Building and Fire
Codes as required by state law; and
WHEREAS, as part of this adoption, the Town Council chose to address greenhouse gas
emissions by approving specific amendments, known as Reach Codes, that required all new
construction and qualifying major remodels to be fully electric; and
WHEREAS, on January 2, 2024, the Court of Appeals ruled that all -electric ordinances
are preempted by the federal Environmental Policy and Conservation Act; and
WHEREAS, in July of 2024, the Restaurant Association contacted the Town regarding the
Ninth Circuit ruling and requested that the Town repeal its all -electric ordinance in
conformance with the decision; and
WHEREAS, in Tight of the Ninth Circuit decision, it is recommended that the Town
Council repeal the Town's all -electric ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Town Code Section 6.120.060, "All Electric Construction Definitions," is
repealed.
SECTION II. Town Code Section 6.120.070, "Residential All Electric Construction," is
repealed.
SECTION III. Town Code Section 6.120.080, "Nonresidential All Electric Construction" is
repealed.
SECTION IV. 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,
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Ordinance 2365 December 17, 2024
clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION V. 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 VI. Publication.
The Town Council hereby directs the Town 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 VII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 17th day of December, 2024, 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 the 17th day of December, 2024. This ordinance takes effect 30 days after it is
adopted.
COUNCIL MEMBERS:
AYES: Mary Badame, Rob Moore, Rob Rennie, Maria Ristow, Mayor Matthew Hudes
NAYS: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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TOWN CLtRi( OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Ordinance 2365 December 17, 2024