Attachment 05PREPARED BY: SALLY ZARNOWITZ
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 06/28/2017
ITEM NO: 3
DESK ITEM
DATE: JUNE 28, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING CELLARS. TOWN CODE AMENDMENT
APPLICATION A-17-001. PROJECT LOCATION: TOWN WIDE. APPLICANT:
TOWN OF LOS GATOS.
REMARKS:
Exhibit 17 includes additional public comment received between 11:01 a.m. Friday, June 23,
2017 and 11:00 a.m. Wednesday, June 28, 2017.
EXHIBITS:
Previously received with May 24, 2017 Staff Report:
1.Required Findings
2.June 23, 2016 Town Council Policy Meeting Minutes
3.July 14, 2016 Town Council Policy Committee Staff Report (includes Attachments 1-2)
4.July 14, 2016 Town Council Policy Meeting Minutes
5.December 15, 2016 Town Council Policy Committee Staff Report
6.December 15, 2016 Town Council Policy Committee Meeting Minutes
7.January 19, 2017 Town Council Policy Committee Staff Report (includes Attachment 1)
8.January 19, 2017 Town Council Policy Meeting Minutes
9.Cellar Policy
10.Draft Amendments to Chapter 29 of Town Code (two pages)
11.Additional Town Documents to be Modified (four pages)
12.Neighboring Jurisdictions Basement Regulations (one page)
13.Public Comments received by 11:00 a.m., Friday, May 19, 2017
ATTACHMENT 5
PAGE 2 OF 2
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
JUNE 28, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 06-28-17 DESK.docx 6/28/2017 12:02 PM
Previously received with May 24, 2017 Addendum:
14.January 19, 2017 Town Council Policy Meeting Minutes (three pages)
15.Public Comments received between 11:01 a.m. Friday May 19, 2017 and 11:00 a.m. Tuesday
May 23, 2017
Previously received with June 28, 2017 Staff Report:
16.Public comments received 11:01 a.m. on Tuesday, May 23, 2017 to 11:00 a.m. on Friday,
June 23, 2017
Received with this Desk Item:
17.Public comments received 11:01 a.m. on Friday, June 23, 2017 to 11:00 a.m. on Wednesday,
June 28, 2017
Comments on Cellar Policy
To The Planning Commission
Subject: Cellar Policy Item# on the June 28 , 2017 , Planning Commission Agenda
From : Lee Quintana
I will not be able to attend tonight. I ask that you consider the following comments .
• Frame goals and intent
• Identify loopholes
• Use a holistic approach . Review the Town's planning documents to Identify where
changes necessary to implement the identified goals and inten ts to close identified
loopholes, clarify or simplify existing language , change current po li cy or procedures , t o
address related issues that may be identified during the process.1
The current cellar policy, with a few tweaks works well for areas that are not in the
hillsides or on sloping lots. Therefore, my comments and recommendations are
focused more on the hillside areas than the flatlands.
1 . The use of the terms "cellar" and "basement" is confusing.
Recommendation:
• Define "basement" as an area that is totally below grade
• Define "basement, day-lit as an area that is partially above grade and partially
below grade.
• For the purpose of defining below grade space as basement or day-l it basement ,
use the existing or proposed (finished) grade at the perimeter of the foundat ion ,
which ever is at the lower topographic elevation. 2
2 . The use of basements and day-lit basements in non hillside is intended to allow an
increase in square footage without added to the mass of existing structures , or
decreasing the visual mass allowed above grade. In hills ide areas or on sloping lots
the intent of cellars/basements is to minimize visual mass, minimize changes to the
existing topography and to minimize grading .
In both hillside and non-hillside areas basements and day-lit basements are
intended to decrease visual mass. In hillside areas, the intent is also to allow the
structure to step with the slope of the land to minimize mass, bulk and volume, to
minimize physical changes to the site and to minimizing grading . However, the
current cellar policy as interpreted by staff, in hillside areas actually increase visual
mass.
Recommendation:
1 Planning doc um ents includ e G e ne ral Plan , Tow n Code, HDS&G , Res id ential Design Guide li nes, etc ,
2 This is not th e same as how existing a nd finish ed o r propo se d grade is used when determ ining the
height of a stru ct ure.
EXHIBIT 1 7
2 Comments on Cellar Policy
• Treat basements and day-lit basements differently in hillside areas and non-hillside
area.
• Change how basements are counted towards gross floor area in hillsides.
• In hillsides determine gross square footage of day-lit basements by measuring
length of the perimeter and multiplying that number by 25 feet (the depth that light
can penetrate from a window.
• Limit the depth of the cut into the slope to the minimum necessary to set the
structure into the hillside. The intent is not to create addition square footage by
creating a larger flat pad.
• Allow basements behind a day-lit basement only to the extent needed to step the
structure into the slope.
• In hillside areas count day-lit basements as a story
• Prohibit 3 stories in hillside areas.
3 . IX Project Review and Approval Process. F. Exceptions.
• This section was added late in the approval process.
• Currently, there is no limit on the number of exception that can be granted or the
extent an exception deviates from a standard.
• Unless this section and the exception to maximum floor area (Chapter IX. C. page
29) are tighten no amount of changes regarding how below grade space in the
hillsides are defined and counted will make any difference.
4. The following is a summary of comments I submitted to the Planning Commission on
April 15, 2003 and August 27, 2003 during the hearings on the draft HDS&G. They
are still relevant and applicable today.3
• FAR formula : "The FAR formula , for an adjusted lot area of 11 ,000 sf or less , could
allow a 3 ,800 square foot home plus an 800 square garage (this was reduced to
400 square feet) plus a day-lighted basements that could add substantially to the
visible mass of the structure on at least one side , but would not add substantially to
the countable square footage , plus a barn or stable up to 500 square feet, which
would not be counted towards floor area. Even more intense development could
be allowed on larger lots. Given the Planning Commissions experience with
reviewing past applications in the hillsides I'm concerned that these numbers may
create a false expectation ... "
• "Three story structures in the hillsides : There is no illustration in the HDS&G that
shows either a structure with three stories or a three story elevation as an example
of the type of example the Town would like in its hillsides."
• "How floor area is counted : The focus should be on building homes in the hill s ides
that have the least impact physically and visually, not on what has been approved
in the past. Structures or features that add to the overall mass/bulk/volume or a
3 I was on th e Pl a nn ing Co mmi ssion at th e tim e.
3 Comments on Cellar Policy
home or that add to the apparent intensity of development should be included in
the calculation of floor area.
• Exclusions : "Cellars were removed from the text but not removed from the
Glossary under Floor area, gross. Note that in later revisions cellars were added
back as an exclusion.
• Exceptions to Maximum Floor Area: The exception as currently written, appears
too broad ; as one comment letter stated "you can drive a truck through them".
Recommendations:
• "Consider revising the FAR and allowable floor area for hillside areas"
• "Consider rewording this section to prohibit three story structures in the hillsides."
• "Consider changes to what is counted and what is excluded from floor area
calculations in the hillsides, for example :
1. "Count all structures in the hillside "
2 . "Add a component that factors in volume for large volume rooms and entry
ways , etc.
3. Exclude x sf for a detached garage
4 . Count covered areas such as carports, covered walkways, breezeways, cover
loggias, covered terraces and patios etc.
• "Consider deleting the sections on exceptions to maximum floor area, or revise to
limit exceptions to sites that are 5 acres or larger, that have an average slope of
20%, where no grading or construction will occur on slopes greater than 20%, are
not located on a highly visible hillside, on a significant ridgeline or is prominently
visible along a mountain collector or from a viewing platform.
• At the time I made the above comments Section F Exceptions had not been added
to Chapter IX. Project Review and Approval Process.
Thank you for your consideration.
Lee Quintana
5 Palm Ave, Los Gatos
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