2017-058 - Rescind Resolution 2001-167 adopting cellar policiesRESOLUTION 2017-058
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO RESCIND RESOLUTION 2OO2-L67t RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS ADOPTING CELIITR POLICIES
WHEREAS, the Town Council is responsible for establishing municipal policies that provide
clear direction for process and procedures by which the Council and staff shall conduct business
and activities; and
WHEREAS, examples of these policies include the Town Code, Town Council policies,
General Plan, Design Guidelines, and Area Plans; and
WHEREAS, the many benefits of having established policies includes greater consistency
as well as more government transparency and accessibility by the public, the council and staff;
and
wHEREAS, the Policy committee forwarded a recommendation to the Town council to
rescind cellar Policy Resolution 2002-167 (Resolution ofthe Town council ofthe Town of Los
Gatos Adopting Cellar and Attic Policies) at its January tS, ZOLT meeting; and
wHEREAS, this council Policy has been deemed obsolete, redundant and/or incorporated
into Town code
Resolution 201.7-058
Lof2
October 17,20!7
WHEREAS, the Planning Commission forwarded a recommendation to the Town Council to
rescind cellar Policy Resolution 2002-167 (Resolution ofthe Town council ofthe Town of Los
Gatos Adopting Cellar and Attic policies) at its June Zg, ZOLT meeting; and
NOW, THEREFORE, BE lT RESOwED THAT, the Town Council of the Town of Los Gatos
does hereby rescind Resolution 2002-767 (Resolution ofthe Town Council ofthe Town of Los
Gatos Adopting Cellar and Attic Policies) attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los
Gatos, California on the 17th day of October, 2017 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Barbara Spector, Mayor Marico Sayoc
NAYS: Rob Rennie
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF T LOS GATOS
LOS GATOS,FORNIA
DArE: to- 25- 17
ATTEST:
CLERK A OF THE TOWN OF LOS GATOS
LOS GATO9, CALi FORNIA
DATE;
TOW
Resolution 2017-058
2of2
October 17, 2017
RESOLUfiON 2002-).67
RESOLUTION OFTHE TOWN COUNCIL
OFTEE TOWN OF'LOS GATOS
ADOPTING CELLARAND ATTIC POLICIES
WEEREAS, the Towo of Los Gatos docs not curreatly have any writtco codcs or policics
rcgulating ccllars and anics, aad
WEEREAS, the General Plan encourages use of baserDeDts atrd cellars to provide hidden
square footage io-licu of.abovc ground visiblc mass (Policy L.P.2.1); and
WEEREAS, adoptio! of such policics will help providc clear directioa to developers aad
homeowners processing dcvelopment applicatioDs (Gctrrral Planlmplcrncnting Str*ery L.17.4); ad
IVEEREA.S, adoption of such policies will belp reduce thc bulk and mass anil scale of ncw
aod remodeled homcs; and
TIIERETORESE IT RESOLVED: the Towa Couocil of thc TOWN OF I,oS GATOS .
does hcrcby adopt the Ccllar and Attic Policics attached hcleto as Exhibits A aud B.
PASSED AND ADOPTED at a rcgular meeting of the Town.Council held oa the 21st day
of October 2002, by the following vote:
COUNCIL MEIVIBERS:
AYES:
NAYS:
ABSENT:
ABSTA]N:
ATTEST:
Stoven B1anton, Sandy Decker, Stevc
Mayor.Rardy Attaway.
None
None
None
SIGNED:
6/1i.t-'", yo" pi12prli
CI-E.RK OF THE TOWN OF LOS GATOS
LOS GATOS, CAUFORNIA
MA THE OFLOS GATOS
LOS GATOS,
rl,ta^fr) LnY*-
E)OIIBII A
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TOWN COT]NCILPOLICY
TOWN OF LOS GATOS
Subject: Cellars
Approved:
Page 7 of 2
Enabliag Action:
2W2-16'r
Effeitive
Date: October 21, 2002
Randy Attaway, Mayor
PURPOSE:
Gencral Plan policy L.P,2.3 states: 'EDcouragc basements and cellars to provide "hiddcn" squart
footage ia-licu of visible mass."
The followiag policy shall be used by staff when rcviewing plans that include a c.cllar.
DEEINITION:
A cellar is an enclosed area that does not extend Eore than four feet abovc the existing or finished
grade ia any location. Cellars, as defined herc, shall uot be included il the FAR. Ttat area of a
cellar where thg luilding height excceds four fect above existing or finishcd gade shall Dot be
includcd in tbis dcfiaition and shall be included in thc floor area calculatioo. For purposes of this
policy, whichcver grade (existing or proposcd) rcsults in thc'Iowest buildiag profile of a building
shall be uscd.
POLICY:
In rcviewing plans for ccllars staff shall consider thc followiog:
A cellar shall not extend more than four feet above the adjacert finished grade at any point
around the perimeter of the fouudation. Bclow grade floor area must meet the above
definition of cellu to be excluded fiom the floor area calcuiatioas for the structure.
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If any ponion of a ceUar extends eore thal four feet above gmde, that arEa shall be included
in the floor area caiculation-
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a Light andexit wells may eucroachinto front and sideyard setbacks providedthat amini.murn
three-foot wide pedestrian access is provided, around the light well(s). Light wells aad
exiting shall be the minimum required to comply wi& the Uniform Buildind Code critcria
for natural light and ventiiation.
Below grade patios may extend out from a cellar into the required rear yard provided that a
minimum l0 foot setback is retained from thc rear property line.
Celiars and basenents (except light and. exit welis) shall not exrend beyond the building
footprint.
The Planning-Commission nay allow an exccption to this policy based on extenuating or
exceptional circumstancas applicable to the property including size, sha1rc, topography,
location or surroundings. The Commission shall make frndings to srpport such a decision.
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PLANNING COMMISSION POLICY
TOWN OF LOS GATOS
Subject: Pianning Cornmission lnterpreration of Cellar Policy
Approved:
Bud Lortz,Deveiopment
Effective Date: October 5,20O4
of
PURPOSE
To establish a poiicy on the number and location of cellars perrritted under the Town Council's
Cellar Policy
SCOPE
This policy applies to cellars as defined bythe Town Council Policy adopted under Resolution
2002-767.
POLICY
A cellar shall not extend beyond the fooprint 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.
N:\DEWudic\Outbox\2005\Policy - Ccllars.wpd t,
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