Attachment 10Joel Paulson
From:
Sent:
To:
Subject:
Bill Wagner <wjwagner3@yahoo.com>
Wednesday, June 28, 2017 12:18 PM
Joel Paulson
Cellar Policy Revision June 28,2017
Please Include as a Desk Item for Planning Commission June 28,2017
Re: Revision of "CELLAR POLICY"
Dear Joel Paulson & Planning commission Members,
RECEIVED
~c.1·~d. l 2 ~ ,g ~
JUN 2 8 2017
TOWN OF LOS GATOS
PLANNING DIVISION
Please revise the Cellar (Basement Living Space) Policy excluding underground square footage in the FAR
Calculations. This policy has been abused since its inception ..
Although the intent of the original implementation was to reduce mass and scale above ground primarily in
hillside development, that aspect has been consistently ignored and simply viewed as "Free Square
Footage", particularly in FLAT LAND Residential Development, as well.
The Planning Commission is familiar with the development at 16362 Hilow Rd.
In spite of extensive analysis related to application of guideline in two PC Sessions in Sept 2016 6-1 vote for
denial and Dec 2016 4-2vote for denial this project was overturned by the Town Council and allowed to
proceed.
This house was too massive for the neighborhood from the beginning. After a reduction in square footage the
above ground sq ft to approx. 3500-3600 sq. the basement was still allowed @ 1670sq. ft.
That is still 2 houses on a single property with no regard for the above ground 2 story mass.
The project @ 16362 Hilow Rd is a prime example of the abuses this exclusion of underground living space in
the FAR creates. This house was and isstill too massive for the neighborhood and traffic.
Please drive by this construction to view the results of this policy.
There have been several complete reconstructions on Hilow. In these other constructions there has not been
the level of noise disturbance created by the building of this underground structure.
The equipment to dig, displace earth and construct cement is producing a great impact on neighbors.
There is also some type of compressor or compactor that sounds like an airplane engine running 10-12hrs a
day,,that is allowed by the Town's construction work hours, 8AM-8PM MON-FRl1 9AM-7PM WEEKENDS AND
HOLLI DAYS. That is 7days a week 10-12hrs a day of continual neighborhood disturbance. Residential work
hours, as opposed to commercial construction hours should be changed.
Even the county hours are 8AM-6PM1 M-FRI, 9AM-SPM SAT, NO SUNDAYS OR HOLIDAYS.
Also there were at least 2 days of serious noxious fumes coming into our home while a Sealant or
waterproofing chemical was being applied to the underground structure. these fumes affect residents' health.
A healthy over 60yr old Redwood tree with a 6011 trunk was removed in the yard to accommodate the
structure & the 3 existing Redwood.trees in front are subject to root damage as well by the allowance of this ..
underground structure.
The Policy of allowing the extra unaccounted Square Footage in a home is causing a complete redevelopment
of our neighborhood. It is impossible to go back once these basements are allowed.
1 ATTACHMENT 10
This policy is forever effecting our neighborhood. Developers are looking at the current policy as "FREE
SQUARE FOOTAGE", ignoring the intent of "IN LIEU OF ABOVE GROUND MASS".
Architects are still able to create homes that comply within the guidelines, with a revision in this policy to
count underground living space square footage.
Most Town Council members were first on the Planning Commission many with the platform of recognizing
the Protection of Neighborhoods from excessive development.
Doesn't the current policy of excluding Basement Square footage contradict the protection of residential
neighborhoods?
Please vote and maintain a change in the current BASEMENT(CELLAR) Policy to include the underground
square footage in the FAR for both Hillside and Flat lot residential construction.
Thank you for your consideration .
Debora Wagner
16374 HILOW ROAD
LOS GATOS,CA
2
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August 28, 2017
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Anthony J. Badame MD
73 Mariposa Court
Los Gatos, CA 95030
Attn: Town Council Re: Cellar Policy
Dear Council Members,
RECEIVED
AUG! 8 Z0f7
TOWN OF LOS GATOS
BUILDING DIVISION
The planning commission decision on June 28, 2017 regarding cellar policy was in principle a
fair one. The goal to reduce bulk, mass, and scale (BMS) by providing hidden square footage in
lieu of visible mass was preserved without submitting to extreme measures. Notable in their
decision was the following implicit strike~through of the proposed amendment which relates to
daylight basements:
Zoning Code Sectjoo 29. 10.020 Definitions: Floor Area. gross
.. .If at aRy poiRt OR aRy elevatleR theFe le ff!or:e tRaR fe1:1r feet abe•Je propeeeEI gFaEle t~eR
that eRtir:e fioor 001::1Rts as grass floor area ...
Further refinement of the planning commission decision to help reduce BMS and improve cla~ty
of language is proposed below:
1. Difficult hillside cases still can escape the intent of reducing BMS. In order to capture these
cases, the following two suggestions are proposed:
a. Leave the existing cellar policy alone and let the planning commission or town
council decide on the suitable action, or
b. Revisit the definitions of story and elevation. Story and elevation are directly·
proportional to BMS . Cellars are not proportional to BMS, but rather influence
BMS through their effect on story and elevation. A simple amendment to the
definition of story in Zoning Code Section 29.10.020 would be beneficial in
reducing BMS and is shown below:
Zoning Code Section 29.10.020 Definitions: Story
... If the finished floor /eve/ directly above a basement ... is more than six(-§} feet
four feet above grade ...
1
Elevation is not formally defined in Zon i ng Code Section 29.10.020. The current
working definition used by the Town is as follows: "An elevation is a horizontal
orthographic projection of a building onto a vertical plane. An elevation includes
the wall plane and root: This definition can be confusing and is not formally
written into the Town Code. It would be helpful to include elevation In Zoning
Code Section 29.10.020 with the following definition:
Zoning Code Section 29.10.020 Definitions: Elevation
"Elevation is an orthographic projection of a building representing either the front,
back, left, or right side-view.
Orthographic projection is defined as a 3-D representation of a building flattened
to 2-D. It manifests no depth and thus depicts all w all planes in a given view
irrespective of the spatial locati on of the wall planes. n
With the definitions of story and elevation amended and formally written into
Zoning Code Section 29.10.020, the core intent to reduce bulk, mass, and scale
and explicitly prohibit three story elevations on the hillside is kept intact. An
opportunity for applicants to prove an exception would be appropriate given the
diverse properties of Los Gatos and potential unique situations.
2. The term "below grade square footage" is questionable as this phrase is wordy, grade
nonspecific, and Inconsistent with the nomenclature of surrounding communities. It is best to
utilize the regional and universally recognized term "basemenr and define this term
appropriately. See proposed definition below:
Zoning Code Section 29.10.020 Definitions: Basement
"Basement means an enclosed area that does not extend more than four feet above the
adjacent finished grade in any location. Adjacent finished grade is defined as the finished
grade immediately adjacent to the exterior walls of the structure. Basements shall not be
counted In the floor area ratio calculation."
Note that it is unnecessary to separate daylight basement because the code that governs
basement implicitly governs daylight basement.
3. Because basements shall not be counted in the floor area ratio calculation, it seems logical
to consider the below amendment to gross floor area:
Zoning Code Sectjon 29.10.020 Definitions: Fl oor A re a . g ross
... The area of elevator shafts and stairwells is al so includ ed exce pt on t he ground floor
and basement...
2
4. Lastly, it is worthwhile to consider the following strike-through:
Zoning Code Sectjon 29.40.072 Below grade sguare footage In residential zones
(a)2. Below 6Faeie 6Ell:laFe foeta69 is ~eFmlttee 0Rly 0R68 9R a prepertj, aeeiitienal eelaw
grade areas shall be insl1::1eieei in t.he flout uraa salm.llatieR.
The proposed code serves no benefit to the desired intent of providing hidden square footage in
lieu of visible mass. Allowing only one daylight basement is reasonable and understandable but
disallowing an additional, fully enclosed basement which contributes no visible mass appears
unfair.
Further, accessory dwelling units (ADU) will become more prevalent under new state law.
Hiding square footage with these units is especially important given that their presence on a site
contributes significantly to the overall BMS. Allowing a basement in lieu of visible mass in an
ADU should be encouraged.
Sincerely,
~-\)~
Anthony J. Badame, MD
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