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2002-167-Adopting Cellar And Attic PoliciesRESOLUTION 2002-167 RESOLUTION OF THE TOWN COUNCLL 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 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 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 21st day of October 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS : None ABSENT: None ABSTAIN: None SIGNED: MAYO F THE TO OF LOS GATOS LOS CIATOS, CALIF P.NIA ATTEST: ~~-__~ ~ ~ CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA %;,. TOWN COUNCIL POLICY TOWN OF LOS GATOS Subject: Attics Enabling Action: 2002-167 Page 1 of 1 Approved: Effective Date: October 21, 2002 Randy At ay, Mayor 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 anon-habitable space (that may or may not be used for storage) with a maximum height of seven feet six inches 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 six inches in height, .all areas down to five feet will be counted toward the floor area ratio (FAR). C;\DOCUments and Settings\MRasmuss\Locul Settings\Temp\Attic-policy:wpd Revised March 2i, 2002 ~~i 1...; TOWN COUNCIL POLICY TOWN OF LOS GATOS .Subject: Cellars Page it of 2 Enabling Action: 2002- 167 Approved: ~~~-~`~ 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 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 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 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 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. If any portion of a cellar extends more than four feet above grade, that area shall be included in the floor area calculation. C:\Docamentsand Settings\MRnsmuss\LOCnI Seaings\Temp\Cellar-policy.wpd Revised September 20, 2002 r""„R" t,:::.' r • 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;\Documentsand Settings\MRasmuss\Local Settings\Temp\Cellar-policy.wpd C;\Documents antl Settings\MRasmuss\Local Settings\Temp\Cellar-policy.'\Vp8 Revised September 20, 2002 ~~..~~