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Item 21 Desk Item Staff Report Consider Adopting a Resolution to Establish Cellar and Attic Policiesn COUNCIL AGENDA REPORT DATE: October 21, 2002 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: REMARKS: MEETING DATE: 10/21/02 ITEM NO. DESK ITEM CONSIDER ADOPTING A RESOLUTION TO ESTABLISH CELLAR AND ATTIC POLICIES. Attached is the Resolution (including Exhibits A and B) which was inadvertently omitted from the report during the copying process. Attachments: 1-4. Previously submitted 5. Draft Resolution for adoption of Cellar and Attic Policies (two pages) with Exhibits A and B. BNL:SD:mdc N:1DEV\SUZANNE\Council Reports\FY2002-03\BasementPoli:y.dsk.wpd 17�� PREPARED BY: BUD N. LORTZ — DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: PS. Assistant Town Manager (A(, Attorney Clerk Finance Community Development Revised: 10/21/02 1:59 pm Reformatted: 5/23/02 RESOLUTION 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING CELLAR AND ATTIC POLICIES WHEREAS, the Town of Los Gatos does not currently have any written codes or policies regulating cellars and attics, and WHEREAS, the General Plan encourages use of basements and cellars to provide hidden square footage in -lieu of above ground visible mass (Policy L.P.2.1); and WHEREAS, adoption of such policies will help provide clear direction to developers and homeowners processing development applications (General Plan Implementing StrategyL.I.7.4); and WHEREAS, adoption of such policies will help reduce the bulk and mass and scale of new and remodeled homes; and THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the Cellar and Attic Policies attached hereto as Exhibits A and B. PASSED AND ADOPTED at a regular meeting of the Town Council held on the day of , 2002, by the following vote: Attachment ,j COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Randy Attaway ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IDEV\RESOS1CeIlar-AtticPolicies.wpd 2 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN COUNCIL POLICY TOWN OF LOS GATOS Subject: Cellars - Enabling Action: 2002- Page 1 of 2 Approved: Randy Attaway, Mayor Effective Date: PURPOSE: General Plan policy L.P.2.3 states: "Encourage basements and cellars to provide "hidden" square footage in -lieu of visible mass." The following policy shall be used by staff when reviewing plans that include a cellar. DEFINITION: A cellar is an enclosed area that does not extend more than three feet above the existing or finished grade in any location. Cellars, as defined here, shall not be included in the FAR. That area of a cellar where the building height exceeds three feet above existing or finished grade shall not be included in this definition and shall be included in the floor area calculation. For purposes of this policy, whichever grade (existing or proposed) results in the lowest building profile of a building shall be used. POLICY: In reviewing plans for cellars staff shall consider the following: • A cellar shall not extend more than three feet above the adjacent finished grade at any point around the perimeter of the foundation. Below grade floor area must meet the above definition of cellar to be excluded from the floor area calculations for the structure. • If any portion of a cellar extends more than three feet above grade, that area shall be included in the floor area calculation. N:\DE V\S UZANNE\Council\Po lic ies\Cdlar-policy. wpd Revised September 20. 2002 Exhibit A TOWN COUNCIL POLICY TOWN OF LOS GATOS Subject: Attics Enabling Action: 2002- Page 1 of 1 Approved: Randy Attaway, Mayor Effective Date: PURPOSE: The following policy shall be used when reviewing development plans that include attic space. The intent of this policy is to reduce the visible bulk and mass of structures. DEFINITION: An attic is a non -habitable space (that may or may not be used for storage) with a maximum height of seven feet as measured from the upper surface of the attic floor to the underside of the roof above. For the purposes of this definition, attic spaces are considered to have floor surfaces. POLICY: Attics that meet the above definition shall not be counted as floor space for purposes of determining compliance with Floor Area Ratio (FAR) limitations. Note: Once an attic space exceeds seven feet in height, all areas down to 4% feet will be counted toward the floor area ratio (FAR). N:DEV\SUZANNE \Council\Policies Attic -policy vepd Revised March 21, 2002 Exhibit B