Staff Report
PREPARED BY: ERIN WALTERS
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/05/2017
ITEM NO: 14
DATE: AUGUST 30, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-001. CONSIDER
AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN
CODE REGARDING CELLARS. PROJECT LOCATION: TOWN WIDE.
APPLICANT: TOWN OF LOS GATOS.
RECOMMENDATION:
Approve the Planning Commission’s recommendation to adopt a resolution (Attachment 8) to
rescind Cellar Policy Resolution 2002-167 (Resolution of the Town Council of the Town of Los
Gatos Adopting Cellar Policies) and to introduce the proposed Ordinance by title only to amend
Chapter 29 (Zoning Regulations) of the Town Code regarding cellars (Attachment 9).
BACKGROUND:
In October of 2002, Town Council adopted the Cellar Policy (Attachment 1, Exhibit 9). The
General Plan encourages the use of basements and cellars to provide “hidden” square footage
in-lieu of visible mass (Policy CD-6.3). The Cellar Policy was intended to help provide clear
direction to developers and homeowners processing development applications and to help
reduce the bulk, mass, and scale of new and remodeled homes.
The Town currently has two sources that define and regulate basements and cellars, Chapter 29
of the Town Code and the Cellar Policy.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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BACKGROUND (Continued):
Town Council Policy Committee
Beginning in June of 2016, the Policy Committee considered and discussed rescinding the Cellar
Policy and amending Chapter 29 of the Town Code to simplify and clarify how below grade
square footage is defined and applied to projects.
On July 14, 2016, the Policy Committee further discussed the Cellar Policy and basement
definition, and provided the following direction:
Eliminate the definition of cellar and basement from the Town Code;
Add language to the Floor Area Ratio (FAR) section in the Town Code and Hillside
Development Standards and Guidelines (HDS&G) related to areas below grade; and
Add language to the FAR section in the Town Code and HDS&G stating that if a house
has any elevation that is more than four feet above grade th en the entire area of that
level will be counted as FAR.
Exhibit 3 of Attachment 1 contains the Policy Committee report and Exhibit 4 of Attachment 1
contains the Policy Committee minutes for the July 14, 2016 meeting.
On December 15, 2016, the Policy Committee reviewed the revised draft Town Code language
to address below grade square footage. Exhibit 5 of Attachment 1 contains the Policy
Committee report for this meeting. The Policy Committee directed staff to proceed to the
Town Council to rescind the Cellar Policy and to the Planning Commission for consideration of
the necessary revisions to the Town Code and other policy documents. Exhibit 6 of Attachment
1 contains the Policy Committee minutes for the December 15, 2016 meeting.
On January 19, 2017, the Policy Committee reviewed and discussed light and exit well standards
relating to below grade square footage. Exhibit 7 of Attachment 1 contains the Policy
Committee report for this meeting. The Committee members requested that the light and exit
well standards be added to the setback sections in various zones. Exhibit 8 of Attachment 1
contains the Policy Committee minutes for the January 19, 2017 meeting.
At the January 31, 2017 priority setting session, the Town Council prioritized updating the
cellar/basement policy as a 2017-2019 Town Council Strategic Priority, which became part of
the Community Development Department work plan.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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DISCUSSION:
A. Planning Commission
Per the direction of the Policy Committee, the Planning Commission considered
amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding cellars on May
24, 2017 which included the following:
1. Amendments to Chapter 29 (Zoning Ordinance) of the Town Code pertaining to cellars:
a. Delete the definitions of basement and cellar;
b. Amend the definition of gross floor area (including, “If at any point on any
elevation there is more than four feet above proposed grade then the entire
floor counts as gross floor area”); and
c. Add a section with additional criteria for reviewing below grade square
footage, which had been previously included in the Cellar Policy:
i. Light and exit well size and location;
ii. Below grade patios; and
iii. Location of below grade square footage.
2. Rescind the Cellar Policy; and
3. Revise additional Town documents for consistency.
At the May 24, 2017 Planning Commission hearing, members of the public and members of
the local design professionals’ community provided public testimony (see Verbatim
Minutes, Attachment 3). Concerns were raised by local design professionals regarding the
proposed amendment to the gross floor area definition, specifically the added language, “If
at any point on any elevation there is more than four feet above proposed grade then the
entire floor counts as gross floor area.” Concerns were expressed that this specific language
would discourage rather than encourage the use of basements and cellars to provide
“hidden” square footage in-lieu of visible mass.
The Planning Commission continued the item to the June 28, 2017 Planning Commission
meeting. The Planning Commission provided direction to staff to reach out to architecture
and real estate professionals to request input and specific recommendations on: how to
achieve the Town’s goal of reducing the bulk and mass of residential buildings, and the
proposed draft Code amendments.
B. Public Outreach
Staff reached out to the following organizations and requested input on the proposed Town
Code amendments regarding cellars:
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
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DISCUSSION (Continued):
Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)
Santa Clara County Association of Realtors (SCCAR)
Silicon Valley Association of Realtors (SILVAR)
Planning staff was invited to present the proposed amendments regarding cellars at the
June 14, 2017 Silicon Valley Association of Realtors Los Gatos/Saratoga District Tour
meeting. Staff presented the proposed changes to approximately thirty real estate
professionals.
In addition to reaching out to professional organizations , staff requested public input
through the following media and social media resources.
A half-page public notice in the newspaper;
A poster posted at the Planning counter at Town Hall;
On the Town’s website home page, What’s New?;
On the Town’s Facebook page;
On the Town’s Twitter account;
On the Town’s Instagram account; and
On the Town’s NextDoor page.
Staff also reached out to approximately twenty different local architects, developers, and
interested parties for public input and specific recommendations. Staff discussed the
proposed cellar modifications with approximately ten different members of the public and
design community.
C. Planning Commission Recommendation
On June 28, 2016, the Planning Commission considered the results from the public outreach
and further public testimony regarding the proposed changes regarding cellars (see Staff
Report, Attachment 4 and Verbatim Minutes Attachment 6).
Public input received at both Planning Commission meetings and the public outreach
included a common response to not modify the Town’s existing method of counting below
grade square footage (countable floor area). Currently one floor can have both countable
floor area (basement) and non-countable floor area (cellar). The proposed regulations
would have required that at any point on any elevation if there is more than four feet above
the proposed grade then the entire floor area counts as gross floor area. An example of this
condition is when a portion of the cellar daylights more than four feet above proposed
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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DISCUSSION (Continued):
grade, on a sloped lot. Attachment 7 illustrates the Policy Committee’s recommendation
and the Planning Commission’s recommendation.
After full consideration of the proposed amendments, the Planning Commission
recommended that the Town Council rescind the Cellar Policy (Attachment 8) and approve
the amendments to the Town Code (Chapters 29) pertaining to cellars with modification s
(Attachment 9). The Planning Commission’s recommended modifications to the Town
Council Policy Committee’s recommendation are included below and in Attachment 9.
D. Planning Commission’s Recommended Modification to the Town Code
The Policy Committee’s proposed amendments to the Town Code are shown below as
underlined and a strike through. The Planning Commission’s modifications to the Policy
Committee’s amendments are shown below in bold.
1. The proposed amendments (Attachment 9) would require the elimination of the Cellar
Policy and the basement and cellar definitions:
Sec. 29.10.020. - Definitions.
…..
Basement means an enclosed area that extends more than four (4) feet above the
existing or finished grade in any location. Basements, as defined here, shall be
included in the floor area ratio calculation. For purposes of this definition, whichever
grade (existing or proposed) results in the lowest building profile of a building shall be
used.
…..
Cellar means an enclosed area that does not extend more than four (4) feet above the
existing or finished grade in any location. Cellars, as defined here, shall not be included
in the floor area ratio calculation for residential developments. That area of a cellar
where the building height exceeds four (4) feet above existing or finished grade shall
not be included in this definition and shall be included in the floor ar ea ratio
calculation. For purposes of this definition whichever grade (existing or proposed)
results in the lowest building profile of a building shall be used.
…..
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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DISCUSSION (Continued):
2. The proposed amendments would amend the definition of gross floor area:
Section 29.10.020-Definitions.
…..
Floor Area, gross means the entire enclosed area of all floors that are more than four
feet above the proposed grade at any point on the elevation, including basements
and cellars, measured from the outer face of exterior walls or in the case of party walls
from the centerline. If at any point on any elevation there is more than four feet
above proposed grade then that entire floor counts as gross floor area. Gross floor
area also includes any part of exterior balconies or walkways above the ground floor
required for ingress and egress. Ornamental balconies and outside unroofed corridors
not required for ingress or egress are excluded. The area of elevator shafts and
stairwells is also included except on the ground floor.
…..
Please note that this modification to the Policy Committee’s recommendation does
not change the way we currently count below grade square footage.
3. The proposed amendments (Attachment 9) would add a section with additional
criteria for reviewing below grade square footage, which had been previously included
in the Cellar Policy.
Section 29.40.072 - Below grade square footage in residential zones.
(a) The use of below grade square footage is allowed in residential zones as a means
to provide hidden square footage in lieu of visible mass. Below grade square footage
shall not be counted as floor area when meeting the following criteria:
1. Below grade square footage shall not extend beyond the enclosed building
footprint of the main building (including attached garage) or detached accessory
structures.
2. Below grade square footage is permitted only once on a limited to one location
on a property, additional below grade areas shall be included in the floor area
calculation.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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DISCUSSION (Continued):
3. Light and exit wells may encroach into front and side yard setbacks for the
purpose of providing the minimum criteria for natural light and ventilation as
required to comply with the uniform building code. A minimum three -foot wide
pedestrian access shall be provided around the light well(s).
4. Light wells and exit wells may extend beyond the building footprint.
5. Planning Commission may allow an exception to the criteria listed above based on
extenuating or exceptional circumstances applicable to the proper ty including,
but not limited to size, shape, topography, location, or surroundings. The
commission shall make findings to support their decision.
In addition to the changes noted above, the following sections of the Town Code
would need to be amended, replacing the term cellar with below grade square
footage, to provide further consistency throughout the Town Code (Attachment 9):
a. Section 29.40.650 - Height
The maximum height of any principal building in a R-M or multiple-family
residential zone is thirty (30) feet, except when the building has cellar below grade
parking the maximum is thirty-five (35) feet. The height shall be measured as
provided in section 29.40.045 and is subject to the exception listed in section
29.10.090.
b. Section 29.20.485 (3)(c)- Administrative procedure for minor historic projects
Additions to the first floor of a residence (excluding additions not visible from the
street that do not exceed fifteen (15) percent of the existing floor area of the
house (excluding cellars below grade square footage) or four hundred (400) square
feet of gross floor area, whichever is less).
In addition, the Planning Commission recommended that Council consider other
options for reducing bulk and mass. This request will be added to the list of possible
strategic priorities for 2018-2020.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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DISCUSSION (Continued):
E. Additional Town Documents Requiring Modification
If the amendments to Chapter 29 of the Town Code are adopted, the following documents
will need to be revised in order to ensure consistency as they reference the terms basement
and/or cellar:
Town Document Page Number
General Plan Policy CD-6.3
Residential Design Guidelines Pages 3, 5, 12, 23, 41, 57, 60, 84
Hillside Development Standards and
Guidelines
Pages 17, 29, 30, 36, 68, 70
Hillside Development Standards and
Guidelines Compliance Checklist
Pages 2, 3, 4
North 40 Specific Plan Pages 2-11, 6-10, 6-11, 6-15
A summary of the specific changes to these Town documents are included in Exhibit 11 of
Attachment 1. As the above documents come forward for modification, staff will include
the necessary amendments.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3).] (Attachment 1, Exhibit 1);
2. Make the required finding that the Town Code (Zoning Regulations) amendments are
consistent with the General Plan (Attachment 1, Exhibit 1);
3. Adopt a Resolution rescinding Resolution 2002-167, Cellar Policy (Attachment 8); and
4. Introduce the Ordinance of the Town of Los Gatos affecting the amendments of Town
Code Amendment regarding cellars A-17-001 (Attachment 9), by title only, with any
specific changes identified and agreed upon by the majority of the Town Counc il.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
AUGUST 30, 2017
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ALTERNATIVES:
Alternatively, the Council may:
1. Accept the Planning Commission’s recommendation with modifications; or
2. Accept the Town Council Policy Committee’s recommendation; or
3. Continue this item to a date certain with specific direction to staff; or
4. Refer the item back to the Town Council Policy Committee with specific direction.
CEQA DETERMINATION:
The project is Categorically Exempt pursuant to the adopted Guidelines for t he Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code would
have a significant effect on the environment.
PUBLIC COMMENTS:
Exhibit 10 includes public comments received between 11:01 a.m. on June 28, 2017 and 11:00
a.m. August 31, 2017.
Attachments:
1. May 24, 2017 Planning Commission Staff Report (with Exhibits 1-13)
2. May 24, 2017 Planning Commission Addendum (with Exhibits 14-15)
3. May 24, 2017 Planning Commission Meeting Verbatim Minutes
4. June 28, 2017 Planning Commission Staff Report (with Exhibit 16)
5. June 28, 2017 Planning Commission Desk Item (with Exhibit 17)
6. June 28, 2017 Planning Commission Meeting Verbatim Minutes
7. Existing and Proposed Below Square Footage Diagram
8. Draft Resolution Rescinding Resolution 2002-167: Cellars
9. Draft Ordinance Amending Town Code Chapter 29
10. Public comments received between 11:01 a.m., June 28, 2017 and 11:00 a.m., August 31,
2017