Attachment 08A\.
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RESOLUTION 2002-167
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING CELLAR AND ATTIC POLICIES
WHEREAS, the Town of Los Gatos does not cur:rently have any written codes or policies
regulating cellars and attics, and
WHEREAS, the General Pl~n 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 Strategy L.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 ad~pt the Cellar and Attic Po~icies attached hereto as Exhibits A and B.
. . . . . .
· l? ASSED ~D ADOPTED at a regular meeting of the Town ~Council held on the 2 l~t day
of October ·2002, by the following vote:
COUNClL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve duckman, Joe Pirzynski,
Mayor.Randy Attaway. 1, _
NAYS: .None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
. /J,(~·J ~·,;z_
CLERK .OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBtt A
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Subject: Cellars
TOWN COUNCIL POLICY
'I;OWN OF LOS GATOS
Page 1of2
Enabling Action:
2002-167
. ~) ApproveW~· . Effective
Date: October 21, 2002
Randy Attaway, Mayor
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 ' four 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 four 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 1+owest 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 four 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.
0 If any porti on of a ce~ar extends more than four feet above grade , that area shall be included
in the floor area calculation.
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C:\Oocumenrs an.I Settin ¥11r.!R .. muss\l.oal SettinJS\Temp\CcUar-polioy.wpcJ
Revised Sepltt!lbet 20. 200:?
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Light and exit wells may encroach into front and side yard setbacks provided that a minimum
three-foot wide pedestrian access is provided. around the light well(s). Light wells and
exiting shall be the minimum required to comply with the Uniform Buildind Code criteria
for natural light and ventilation.
Below grade patios may extend out from a cellar into the required rear yard provided that a
minimum 10 foot setback is retained from the rear property line.
Cellars and basements (except light and exit wells) shall not extend beyond the building
footprint.
The Planning Commission may allow an exception to this policy based on extenuating or
exceptional circumstances applicable to the property including size, shape, topography,
location or surroundings. The Commission . shall make findings. to support such a decision.
C.'\Oocumenu ond Seulnas\M~ Senlnp\Temp\CcUar•pollcy.wpd
C:\Document.1 und Settings\MIWmUSSIL.ocal Seuln~\Temp\CeUu·policy.wpl
Revised Septemt:er 20. 2002
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PLANNING COMMISSION POLICY
TOWN OF LOS GATOS
Subject: Planning Commission Interpretation of Cellar Policy
Effective Date: October 5, 2004
PURPOSE
To establish a policy on the number and location of cellars peimitted under the Town Council's
Cellar Policy
SCOPE
This policy applies to cellars as defined by the Town Council Policy adopted under Resolution
2002-167 .
POLICY
A cellar shall not extend beyond the footprint of the main building (included attached garage) or
detached accessory structure. One cellar is permitted per property. Additional cellars shall be
included in the floor area calculation.
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N:\DEWudie\Outbox\2005\Policy -Cellars.wpd