Ord 2369 - Adding Definition of Qualifying AlterationsORDINANCE 2369
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 11— 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
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
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Ordinance 2369 January 21, 2025
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 17th day of December 2025, and adopted by the Town Council of the Town of
Los Gatos at its regular meeting on the 21st day of January 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Moore, Rob Rennie, Mary Badame, Mayor Matthew Eludes
NAYS: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Ordinance 2369 January 21, 2025