Cellars - Staff Report and Exhibits 1-13
PREPARED BY: ERIN WALTERS LEVI HILL
Associate Planner Associate Planner
Reviewed by: Planning Manager and 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: 05/24/2017
ITEM NO: 3
DATE: MAY 19, 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.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding cellars.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the 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 will have
a significant effect on the environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
That the Town Code amendments are consistent with the General Plan.
PAGE 2 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
BACKGROUND:
In October of 2002, Town Council adopted the Cellar Policy (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 help reduce the bulk,
mass, and scale of new and remodeled homes.
On June 23, 2016, the Town Council Policy Committee requested that the Cellar and Basement
Policy be discussed at the following Policy Committee meeting. Exhibit 2 contains the policy
committee minutes for June 23, 2016 meeting.
On July 14, 2016, the Town Council Policy Committee reviewed and 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 FAR section in the Town Code and the Hillside Development Standards
and Guidelines related to areas below grade; and
Add language to the FAR section in the Town Code and Hillside Development Standards and
Guidelines stating that if a home has any elevation that is more than four feet above grade
that the entire area of that level will be counted as FAR.
Exhibit 3 contains the Policy Committee report and Exhibit 4 contains the Policy Committee
minutes for the July 14, 2016 meeting.
On December 15, 2016, the Town Council Policy Committee reviewed the revised draft Town
Code language to address below grade square footage. Exhibit 5 contains the Policy Committee
report for this meeting. The 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 contains the Policy
Committee minutes for the December 15, 2016 meeting.
On January 19, 2017, the Town Council Policy Committee reviewed and discussed light and exit
well standards relating to below grade square footage. Exhibit 7 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 contains the Policy
Committee minutes for the January 19, 2017 meeting.
Based on the direction from the Town Council Policy Committee staff is recommending that the
Planning Commission forward a recommendation to the Town Council to take the following
actions:
PAGE 3 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
A. Amendments to Chapter 29 (Zoning Ordinance) of the Town Code:
1. Delete the definitions of basement and cellar;
2. Amend the definition of gross floor area; and
3. 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.
B. Rescind the Cellar Policy; and
C. Revise additional Town documents for consistency
ANALYSIS:
A. General Plan Policy
The Town’s General Plan contains Policy CD-6.3 which states, Encourage basements and
cellars to provide “hidden” square footage in lieu of visible mass. The proposed Town
Code Amendments support the General Plan policy by providing an incentive to
homeowners and developers to bury square footage below grade through the
implementation of cellar area (non-countable FAR) as defined by the Cellar Policy (Exhibit
9).
B. Existing Town Code and Policy
The current Town Code has two definitions relating to below grade square footage,
basement and cellar. The distinction between the two terms, basement and cellar, is made
when the enclosed area extends more than four feet above grade in any location resulting
in that portion counting as floor area. Basements are enclosed areas that extend more
than four feet above grade, and are counted as floor area. Cellars are enclosed areas that
extend four or fewer feet above grade, and are exempt from floor area.
The current Cellar Policy provides direction to staff, developers, and homeowners when
reviewing plans that include cellars.
C. Proposed Town Code Amendments
1. The proposed amendments (Exhibit 10) would require the elimination of the Cellar
Policy and the basement and cellar definitions:
Sec. 29.10.020. - Definitions.
…..
PAGE 4 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
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 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.
…..
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.
…..
3. The proposed amendments (Exhibit 10) 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:
PAGE 5 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
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 property, additional
below grade areas shall be included in the floor area calculation.
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 property including
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 (Exhibit 10):
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).
D. Intent of Proposed Amendments
The intent of the proposed Town Code amendments is to implement General Plan Policy
CD-6.3, “to provide “hidden” square footage in-lieu of visible mass”. In order to further
reduce visible mass on sloped properties the proposed definition of countable floor area
would state, “if at any point on any elevation there is more than four feet above the
proposed grade then that entire floor area counts as FAR.” This would encourage
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
developers and homeowners to bury, and not daylight, floor area in order to utilize the
exemption to floor area.
In addition, the proposed amendments would eliminate the separate definitions of
basement and cellar.
The proposed amendments would also replace existing Cellar Policy requirements with
specific language in the Town Code.
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
As the above documents come forward for modification staff will include the necessary
amendments. A summary of the additional Town documents to be modified are included in
Exhibit 11.
F. Effects on Properties
Q. Will active planning applications and building permits be subject to the proposed
amendments?
A. Active applications and building permits will not be subject to the amendments. New
applications and permits submitted following the adoption of the Town Code
amendments will be subject to the new definitions.
Q. If I were proposing a two-story house on a sloped lot with below grade square
footage with more than four feet above grade, would the square footage be exempt
from countable FAR?
A. No, it would be countable FAR. The proposed definition of gross floor area states,
“that if at any point on any elevation there is more than four feet above the proposed
grade then that entire floor area counts as FAR.”
PAGE 7 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
N:\DEV\PC REPORTS\2017\Cellar Amendments 05-24-17.docx 5/19/2017 10:49 AM
Q. If I were to build a new 2,000-square foot house with a 2,000-square foot cellar on a
flat property would it count towards FAR?
A. No, the floor area of the cellar would not count towards FAR as long as at no point on
any elevation there were more than four feet proposed above proposed grade.
Q. My existing house includes a basement and cellar. Will the proposed modifications
affect my property?
A. Yes, on lots with below grade square footage with more than four feet above grade on
any elevation. Under the proposed floor area definition, floor area that was
previously exempt could now be included in floor area calculations.
The proposed modifications could result in altering the countable floor area calculations of
existing homes due to the new definition of gross floor area. This could result in some
homes becoming non-conforming based on their floor area limitations. There may also be
an increase in applications requesting exceptions to exceed the maximum allowable FAR.
Applicants may also choose to not utilize below grade square footage in their projects if
they cannot benefit from square footage that is exempt from FAR. Applicants may also
choose to build all floor area above grade.
G. Requirements in Neighboring Jurisdictions
Staff researched five neighboring jurisdiction’s basement regulations. The neighboring
jurisdictions utilize various methods to determine countable FAR as summarized in Exhibit
12.
CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the 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:
Written comments have been received regarding the proposed project (Exhibit 13).
PAGE 8 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
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CONCLUSION
A. Summary
Based on their consistency with the General Plan, staff recommends that the Planning
Commission forward a recommendation to the Town Council for approval of the
proposed Town Code Amendments to the Town Council, as outlined below.
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission forward
the draft Town Code amendments to the Town Council with a recommendation for
adoption and to rescind the Cellar Policy (2002-167). The Commission should also
include any comments or recommended changes to the draft Town Code amendments
in taking the following actions:
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).] (Exhibit 1);
2. Make the required finding that the Town Code (Zoning Regulations) amendments
are consistent with the General Plan (Exhibit 1);
3. Forward a recommendation to the Town Council for approval of the amendments of
the Town Code (Exhibit 10); and
4. Forward a recommendation to the Town Council to rescind Cellar Policy (Resolution
2002-167) (Exhibit 9).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Town Code
amendments with modifications; or
2. Forward a recommendation to the Town Council for denial of the Town Code
amendments; or
3. Continue the matter to a date certain with specific direction.
PAGE 9 OF 9
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
MAY 19, 2017
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EXHIBITS:
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
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PLANNING COMMISSION -May 24, 2017
REQUIRED FINDINGS:
TOWN CODE AMENDMENT APPLICATION A-17-001
Consider amendments to Chapter 29 (Zoning Regulations) ofthe Town Code regarding cellars.
FINDINGS
Required Findings for CEQA:
• It has been determined that there is no possi bility 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): Review for exemption.
Required Findings for General Plan:
• The Town Code amendments are consistent with the General Plan .
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EXHIBIT 1
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TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE
June 23, 2016 10:00 a.m.
Call to Order
110 E. Main Street
Town Council Chambers
Los Gatos, Califomia
MINUTES
The Council Policy Committee meeting was called to order at 10:00 a .m.
Members and Staff present:
Vice Mayor Marico Sayoc
Council Member Marcia Jensen
Laurel Prevetti, Town Manager
Robert Schultz, Town Attorney
Joel Paulson, Community Development Director
Christina Gilmore, Assistant to the Town Manager
Shelley Neis, Clerk Administrator
Jackie Rose, Community Outreach Coordinator
Verbal Communications
None
Agenda Items
1. Approval of June 6, 2016 Council Polley Committee Meeting Minutes
Committee Action:
The Committee unanimously approved the draft minutes with no changes.·
2. Review and discuss revised Commission Appointment Policy and Residency
Requirements Resolution
The Committee reviewed and provided comment on the revised Commission
Appointment Policy and Residency Requirements Resolution, and directed staff to
incorporate the following edits and comments into a final draft for Committee review and
approval:
• On pg. 1, under Purpose, include "The Town will encourage residents to
participate on Commissions by advertising vacancies on Commissions for at
least 30 days, preparing easily understood applications, maintaining clear
descriptions of the role of each Commission and Commissioners/Committee and
Board Members (Commission members), providing current meeting schedules,
June. 23, 2016 Minutes.Final Page 1
EXHIBIT 2
and conducting public interviews of all Commission applicants, except as
provided for in this Policy."
• Change the Student Commissioner membership to consist of up to 20 members,
with no alternates, and to have a Student Commissioner be appointed to serve
as a liaison to each of the Adult Commissions as appropriate.
• Change the Student Commissioner residency requirement to include any student
who resides within the Town of Los Gatos.
• Change the Student Commissioner term to coincide with the academic year to
begin in August and conclude in June.
• Incorporate an across the board residency requirement for all Commissions to
include residents who reside within the Town of Los Gatos. For Commissions
that require a business owner, require that the business owner also resides
within the Town limits.
3. Future Agenda Items
• Cellar and Basement Policy
• Decoupling of seating and parking guidelines for restaurants and businesses
• Review of traffic mitigation fees
• Commercial Design Guidelines
• Legislative Policy
The meeting was adjourned at 10:47 a.m.
June 23, 2016 Minutes.Final Page2
•
DATE:
TO:
FROM:
SUBJECT;
POLICY COMMITTEE REfORT
JULY 12, 2016 ·
POqcY COMMITTEE
LAUREL PREVETT!, TOWN MANAGER
MEETING DATE: 07114/16
ITEMN0:2
R.Evmw AND OJSCTJS$ THE 'CELLAR POLICY AND BASEME"NT DEFINITION
RECOMMENDATION :
Review and dfscuss the Cellar Policy and Basement definition and J)rovide direction to staff for next
steps.
BACKGROlJND:
At its Jasi meeting, the Policy Committee agreed to Jook at the Cellar P-o.licy (Attachment 1) and
Basement ®finition (below) to detemiine what ~hanges, if any, are need~ tO clarify the p91ici:es and
Code language. The defilliti<>it of cellar coptaincd in the attached policy i!> essentially identical to the
definition coittai~ in, die Town Code Seotion 29 .. 10.020 Definitions. ·
The Town Code (-Section 29.10.02() Definitions) defines cellar as "an enclosed area that does not ex~d
more than four (4) feet above the exi~ting or finished grade in ~Y lo.cation. Cellars, as defined here, shall
not be included in the fJoc,r area ratio calcul~on for resiqeµtial developments. That area of cellar where
the building height exceeds f<JW' (4) feet above existing or finished grade shall not be included in this
·definition and shalJ be incllided in the floor area ratio calculation. For purposes of this definition
whichever grade (existing orpropo"-4) resul~ in the Iow~t building profile of a bwlding shall be used."
The Town Code (Section 29.10.Q20 Definiti()Jls) defines basement~ "an enclosed area that extends more
than four (4) feet above the existing or finished grade in any location. Basements, as defined here, shaU
be included in the floor area ratio calculation. For p:wposes of this definition, whichever grade (existing
or proposed) results in the low(lf;t building profile of a buildjn~ shall be used!'
The Town of Los Gatos 2020 Oen.era) Plan contains Policy Community Design (CD)-6.3 which
"encourage{$) basements and cellars to provide 'hidden' square footage in lieu of visible mass. N
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: NIA Assistant Town Manager ____ Town Attorney NA Finance EXHIBIT 3
N:\MGR~miDWOlkf'iles\Council ColllJlliueo • POUCY\2016\July I~ Meetiog'ccllar and basemc:nt policies.Fin1l.docll
PAGE2
POLICY COMMITTEE
SUBJECT: REVIEW AND DISCUSS THE CELLAR POLICY AND 5ASEMENT POLICY
JULY 12, 20J6
DISCUSSION:
Specifically, the Plannib~ Co1J'UJ1issjon bas C<;)~id~ed recent ~evelopment .applications that include
propos~ b~ements or cellars. Th* diseqssions li~ve rai~ the tollowipg questio~ which the Policy
Committee may wish to provide di~tion:
• Are the current definitions of cellar and basement meeting the n-eeds of the Town?
• ls the intent oftbe Cellar Policy clear and useful in light of recent applications?
• Should cellars be allowed on sloped lots?
• If above _gr91,u1<1 Ill.~$ Md s~~~ is C9.mp~1:ibl~ with the n~ghboJ.iloo(i, ~h.ould cellar area be
prohibited?
• Showd cellar space be allowed to be living area?
The Committee is welc(Jine to consider these and other questions in the revi~ imd discµssion ofthe
P.-0licy ilild QQde )Q))guage. ~ loc;ks tonv~d to tb¢ djtection of the Gommi~ee for next steps,
COORDINATION:
The ptepatation of this re.port was coordinated with the To\Yn Manager•s Office and the Town Attorney. . . .
Attachments;
1. Cellar Policy
2. Planning Commission Interpretation of Cellar Pplicy
RESOLUTION 2002-167
RESOLU'llONOFTHETOWNCOUNClL
. . OF TBE~TOWN OF LoS 'GATOS .
~OPTING cguA.R AND A.'l"tlC ·POLICIES
'WHEREAS, the To\vn of Los Gatos does not ~~Uy have any written codes or policies
regulating cellars and attics, and
'VVBEREAS, the General P;4m ~ouragea use Of l>Uements and cellars to provide hiddet;i
square footage fu~lieu of.above ground visible mass (Polic.y L.P .2.1 ); and ..
WBEREA.S. adoption of such policies will help provide ·cleat directi<>n to ~evelopers and
homeowners process.ingdevelopment.applloatlo.qs ((Jep.cral Planli:np.lementingStra~gy L.I.7.4); Wi
• I .
WBEREl\S, adoption of sucli poli~ will help reduce the buµ<: and mass and scale of new ,..
~ ~odel~ hOXD,eS; and
TSEREFORE B8.rl' RgS()L VED: the Town Council of the TOWN OF LOS GATOS' . . . .
dor,s ~y adopt~ Ccl~ and Attie :Poli~ .attached beteto as Exhibits A and B. ·
.. · PAsstID ~ AoOPTBD at a·~gulat ~eetlng Of tb.~ Town,PoanCilheld o~ the .21st day
of Octo'ber ·2002. 'by UJ,e fQUowin,g vote:
COUNC!L MBMB~:
AYES: Steven Blanton, Sandy Decker, S~ve ~lick.lnan, Joe P.irzynski,
Mayor..Randy Attaway. ,
NAYS: .NOJie
ABSENT: None
ABSTAIN: None
SIONBD: €~~WSGATOS
LOS GATOS,=~
ATTEST:
·//,{~-~~
CLERK OP THE TOWN OF LOS GATOS
LOS GA.TOS, CALIPORNIA
ATTACHMENT 1
)
·'
.. _)·
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MEETING DATE: 07/28/16
ITEM NO: 1
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE
July 14, 2016 10:00 a.m.
Call to Order
110 E. Main Street
Town Council Chambers
Los Gatos, California
MINUTES
The Council Policy Committee meeting was called to order at 10:13 a.m.
Members and Staff present:
Vice Mayor Marioo Sayoc
Council Member Marcia Jensen
Joel Paulson, Community Development Director
Christina Gilmore, Assistant to the Town Manager
Verbal Communications
None
Agenda Items
1. Approval of June 23, 2016 Council Policy Committee Meeting Minutes
Committee Action:
The Committee unanimously approved the draft minutes with no changes.
2. Review and discuss the Cellar Policy and Basement Definition
The Committee reviewed and discussed the Cellar Policy and Basement definition, and
provided staff with the following direction:
• Eliminate the definition of "cellar" and "basemenf' from the Town Code
• Add language to the FAR section in the Town Code and the Hillside
Development Standards and Guidelines related to areas below grade
• Add language to the FAR section in the Town Code and Hillside Development
Standards and Guidelines stating that if a home has any elevation that is more
than 4 feet above grade that the entire area of that level will be counted as FAR
3. Future Agenda Items
• Legislative Policy
• Flag Policy
The meeting was adjourned at 10:35 a.m. EXHIBIT 4
July 14, 2016 Minutes.Final Page 1
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PAGE2 OF2
SUBJECT: REVIEW AND DISCUSS THE CELLAR POLICY AND BASEMENT POLICY
DATE: DECEMBER 12, 2016
This proposed amendment would allow the Town to eliminate the cellar policy, basement
definition, and cellar definition . If the Policy Committee determines that this is an appropriate
amendment then staff will search other documents (Town Code, General Plan, Residential
Design Guidelines, Hillside Development Standards and Guidelines, Commercial Design
Guidelines, and North 40 Specific Plan) for the terms basement and cellar so that there is
consistency across the documents.
Alternatively, staff could add clarifying language to the Cellar Policy, cellar definition, and/or
basement definition to clarify that if at any point on any elevation there is more than four feet
above proposed grade then that entire floor counts as FAR .
The ~ommlttee is welcome to consider these and other options in the review and discussion of
the amended language. Staff looks forward to the direction of the Committee for next steps.
COORDINATION:
The preparation of this report was coordinated with the Town Manager's Office and the Town
Attorney.
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL POLICY
COMMITTEE
MEETING DATE: 01/19/2017
ITEM NO: 1
MINUTES OF THE TOWN COUNCIL POLICY COMMITTEE MEETING
DECEMBER 15, 2016
The Town Council Policy Committee of the Town of Los Gatos conducted a Regular Meeting on
Thursday, December 15, 2016, at 10:00 a.m.
ROLL CALL
Members Present: Marico Sayoc, Marcia Jensen
Staff Present: Laurel Prevetti, Rob Schultz, Joel Paulson, Matt Morley, Shelley Neis, JR Langer,
Shelayne Hammack
MEETING CALLED TO ORDER AT 10:00 AM
VERBAL COMMUNICATIONS
Lee Quintana
- Discussed the appeal process and the Zoning Code.
Dan Ross
- Commented on how the potential changes to the Cellar Policy would affect current
projects.
AGENDA ITEMS
1.Review a draft Policy defining ancillary office use in the LM Zone
Due to other work load, this Staff Report is anticipated to be ready for January’s Council
Policy Committee meeting and there was no discussion of this item.
2.Review and Discuss the Cellar Policy and Basement definition
Joel Paulson, Community Development Director made the staff presentation.
Opened Public Comment.
Lee Quintana
- Commented on the original development of the policy.
EXHIBIT 6
PAGE 2 OF 3
Dan Ross
- Commented about his concern that the change of policy will increase the mass and scale
of houses.
Maria Ristow
- Commented about the goal of the policy.
Shannon Susick
- Stated that there should be language encouraging cellars and basements.
Closed Public Comment.
Committee members received further clarification on the policy and the report from
staff. Committee accepted the proposed definition as contained in the staff report with
direction to staff to bring back the cellar policy for additional discussion.
3. Review and provide direction on the Neighborhood Parking Plan process and
associated cost recovery issues.
Lieutenant JR Langer made the presentation.
Opened Public Comment.
Maria Ristow
- Discussed cost recovery for permit parking and suggested increasing permit costs. She
stated she would like to see a pilot program around the high school.
Closed Public Comment.
The Committee directed staff to communicate to all pilot and application areas that this
issue is under study and that there should not be an expectation of preferential
parking. Staff will also remove the petition and associated materials from the website.
Staff will come back to the Committee with a proposed policy for the Committee's
consideration that includes safety criteria and a cost recovery proposal.
4. Review and Discuss Facilities Use Policy regarding the definition of “All Other Users”
Shelayne Hammack, Management Analyst made the staff presentation.
Opened and closed Public Comment.
Committee requested staff to amend the Policy separating the Chambers and the Chambers
Lobby. In addition, they requested to delete "all other users" and add language specifying
This Page
Intentionally
Left Blank
PAGE20F2
SUBJECT: REVIEW AND DISCUSS LIGHT AND EXIT WELL STANDARDS
DATE : JANUARY 17, 2017
COORDINATION:
The preparation of this report was coordinated w ith the Town Manager's Office and the Town
Attorney.
Attachment:
1. Cellar Policy
N:\MGR\Adm inWorkfiles\Counci l Committee -POLICY\2Q17\lilluary 19th\light and bit Well Stand1rds\llt1'1t-ExitWell FINAL .docx 1/1!/'21
Subject: Cellars
TOWN COUNCll., POLICY
TOWN OF LOS GATOS
Page l of2
Enabling Action:
2002-167
Approv~~~' 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 fa-lieu of visible mas~."
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 four 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 existiDg or finished grade shall not be
included in this definition and shall be included in the floor area calculation. For pwposes of this
policy, whichever grade (existing or proposed) results in tbe 1~owest bWldiog 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 mon: than four feet above gride, that area shall be included
in the floor area calculation.
C.'\D_a ,.,Su~IRAIJrlllU\UICa!SCllir.p\Tuopl~.,.,.i
lt6•iml St,_ ... , :W. llX'l
PAGE2 OF2
Joel Paulson, Community Development Director, gave the staff report.
Public Comment:
Lee Quintana provided comments regarding the approaches taken by the
communities of Po rtola Valley an d Atherton .
Committee Members requested that the Light and Exit Well Standards be added to the
setbacks in the various zones .
4. Review and d iscuss Floor Area Ration (FAR) requirements
Joel Paulson, Community Development Director, gave the staff report.
Public Comment:
Lee Quintana discussed the history of the FAR requirements and provided comments
about the formula.
Committee Members discussed the history of the FAR and suggested giving
homeowners guidance to moderate expectations.
5. Review and provide direction to the Neighborhood Parking Plan process and
associated cost recovery issues.
Staff requested to defer thi s item to a special meeting on February 9, 2017 . The
Committee agreed .
6 . Review and discuss the Fac ilities Use Policy regarding the definition of "All Other
Users"
Shelayne Hammack, Management Analyst, gave the staff report.
Committee Members approved the proposed changes as presented in the draft
amended policy.
ADJOURNMENT
The meet ing adjo urned at 11:35 a.m .
Prepared by :
N:\MGR\AdminWorkFiles\Council Commi ttee · POLICY\2017\2.16.17 5/1/2017 3 :54 PM
DRAFT AMENDMENTS TO CHAPTER 29 OF THE TOWN CODE
CURRENT DEFINITiONS:
Sec. 29.10.020 -Definitions.
Bf15eFReRt FNeaRs aR eReleseEI aFea that eMteREls FNeFe tl:taR feyr (4) feet abeve tt:ie eMistlRg eF
fiRisl:teel graEle iA aR'( leeatier:,. BaseFNeRts, as elefiAeEI heFe, shall be iReh:1EleEI iR the fleer aFea
ratie ealEYlatieR. Fer p1;;1rposes ef tt:lis definitiaR, whiehever graEle (e*istiRg er pFepeseEI) resi:idts
iR the lawest bYilsiRg prefile ef a ln1ilEliRg shall be useel. ·
Ce#e.r FNeaRs aR eReleseEI area that elees Rat eMteREI FN9Fe thaR ~Yr (4) feet abe\·e tt:le eMistiRg
er fiRisheEI grade iR aR'/ leeatieA. ~ellars, as ElefiAeEI· here, shall Ret be iAGIYfiled iR the 11eeF area
ratie ealeYlatieR fer resieleRtial ElevelepFNeRts. That aFea ef a eellar wheFe the bYildiRg height
eKeeeels feyr (4) feet abe"'te eMistiRg er f.iRisheEI grade shall Rat be iRel~u-AeEI iR ttlis elefiRitieR aREI
shall be iAelwEleEI iR the fleer area ratie ealeYlatieR. Fer pwrpeses ef this EletiRitieR whiel:le»•er.
graele (eMistlRg er prapesed) resYlts iR tt:ie lawest buileliAg prefile ef a builEliRg sl:lall be useEI.
AMENDED DEFINITION:
Sec. 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, iREIYEliRg baseFNeRts aREI eellars,
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 req'-'ired 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.
PROPOSED SECTION:
Sec. 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 visi ble mass. Below grade square footage
shall not be counted as floor area when meeting the following criteria:
EXHIBIT 1 0
Page 1of2
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 property, additional
below grade areas shall be included in the floor area calculation.
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 property including
size , shape, topography, location or surroundings. The commission shall make
findings to support a decision .
AMENDED SECTIONS:
Sec . 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 eeUaF 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.
Sec . 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 eellars below
grade square footage ) or four hundred (400) square feet of gross floor area, whichever is less}.
Page 2 of 2
ADDITIONAL TOWN DOCUMENTS TO BE MODIFIED
General Plan
Policy C0 -6 .3:
Encourage ~aseFReRts aAd eellaFs below grade square footage to p rovide "h idden" square
footage in lieu of visible mass. (p. CD-8)
Residential Design Guidelines
CONTENTS; APPENDICES:
AppeREliM C.
Cellar Pelie·; (p. 3)
INTRODUCTION :
Larger homes with Great Rooms, cellars below grade square footage, home offices, medi a
ce nters, and large master b ath suites are increasingly common. (p. 5)
MAXIMUM FLOOR AREA RATIO (FAR):
* 8aseFReRts are iReh.1EleEI iR the allewaele FAR; CellaFs are Rat (See Glessary). (p. 12)
3.3.2 Height an d bulk at front and si de setbacks:
•When utilizing a cellar below gra de square foot age o r extended foun dati on walls, avo id
setting the first floor height at an elev ation above g rade that would be significantly different
than those of the adjacent houses. (p. 23)
CellsFS sre def!Fled S& SR eRe!esed s.r.es tl:r&t flees RBt eKteFld ffl9Fe U1sR 4 feet f1Be ·1e tl:re eN!&tiFI§
er fiRi5/:led gfflde, flRd FJl'e RBt ee11Rt.:eEI iR the Fleer Ares Rstie esk11IFJtieRs, ~ Tev1R Ce1:1REil
fJBJ.'Ey-. l=levle11er, if SRY fJEIFt 9f 9 EeJ.l.sr ff5 9Beve gffltie, it s/:lfJll he amsiderod 5R BRBlyziRg #le hfllk
sREI fflfl5& ef #le str61etl:lr:e, e11eR if it is Ret iREhlderJ iR tl:re FAR. TRe iRteRt set f9Ftil JR tile GeRerfJI
f2!.BR fs "ts fJFSWSe RfrJSeR SEffl&Fe f99t9§€ ffl IJef:I 9f WSfifJJe ffl655. n
JR tl:ie 5f!JiFit ef t#ist iRt.:eJ'Jt, ~e re't'iew ef BfJFJ/iE9ti9RS w./t#i ee!!&r SfJ&Ee will RBt iRehltie t/:le
EBRsider9*ieR 9f #lejlser sres ef tlie eellsr iR the evshl9ti9R, 81:1t will esr:e.1ft:llly evsl1:1ste ~e
Ele&igR ta eRS1:1.-:e tlist s1:19stBRtisl ej/arts hsve seeR ffl9de te redtlee v-.isil:Jf.e m11ss tB 9551:1re
eampstibility wi#l #le site's immediste Rei§l:rse~/:leaEI. f.91' teHt ef #le b€!Jsr fleliey, see AfJfJeRElilc
b (p. 23).
EXHIBIT 1 1
Page 1of4
Minor Exterior Changes:
• Residential first floor addition (excluding additions not visible from the street that do not
exceed 15% of the existing floor area ofthe house [excluding eellaFs below grade square
footage] or 400 sq. ft. of the gross floor area, whichever is less). (p. 41)
CHARACTER-DEFINING FEATURES:
• Foundation eF laasemeRt: difference (if any) in treatment from main house walls (p. 41)
GLOSSARY:
8asemeRt
AR eRcloseEI aFea that eKteREls more thaR 4 feet ahove the eMistiRg eF f.iRisheEI graEle iR a Ry
loeatioR. 8asemeRts are iRel1:1EleEI iR the i;leoF AFea Ratio eale1:1latioR. WhieheveF graEle {eMistiRg
or proposed) res1:1lts iR the lowest prof.ile of a h1:1ilEliRg shall he 1:1seEI. (p. 57)
QHlaf
A room or rooms heReath the maiR floor of the l=lo1:1se 1:1seEI for li>:iRg spaee er storage wl=liel=I
Elees Rot eMteREI more tl=laR 4 feet a hove tl=le eMistiRg or fiRisheEI graEle. Cellars are Rot iRel1:1EleEI
iR the i;1oor Area RatioR eale1:1latioR. Wl=liel=lever graEle {eMistiRg or propeseEI) res1:1lts iR tl=le
lowest prof.ile of a h1:1ilEliRg sl=lall lae 1:1seEI. (p. 57)
APPENDICES:
c Cellar Poliev (p. 60)
APP~NDIXC:
Cellar Poliey (p. 84)
Hillside Development Standards and Guidelines
Table l, Maximum Graded Cuts and Fills:
** Excludes eellars below grade square footage. (p. 17)
2. Earthwork quantities (grading) shall be categorized as follows:
c. EelkH: below grade square footage. (p. 17)
B. Exclusions from allowed floor area:
1. CellaFs. Below grade square footage. (p. 29)
Page 2 of 4
C. Exceptions to maximum floor area.
8. A signiflcant ~ below grade element is included in the design, unless it conflicts with
other standards. (p. 30)
E. Building height. Standards:
4. The height of the lowest finished floor(s) of a structure, excluding eellars below grade square
footage. shall not be more than four feet above the existing grade to ensure that buildings
follow slopes. (p. 36)
X. GLOSSARY:
8aseFAeAt. Partially helew sralite ileer area tl:tat Etees Aet EtYalif,r as a eellar. (p. 68)
Cellar. Use defiRitieR iR Cellar Pelley alitepted l:i°Reer Ce1:1Reil Resel1:1tieR 2:Q02: 1fi7, er as FRay he
aFAeREied. (p . 68)
Floor area, gross. The sum of all enclosed or covered areas of a building measured to the
exterior faces of the enclosing walls, columns or posts, but excluding the following:
D. Cellars. Below grade square footage. (p. 70)
Hillside Development Standards and Guidelines Compliance Checklist
Ill Site Planning; A. Grading:
52 Define Earthwork Quantities [Access/House/~ Below Grade Square Footage/Other] (p.2)
IV Development Intensity; B. Exclusions:
1 Cellars Below grade square footage. (p. 3)
IV Development Intensity; C. Exceptions to maximum floor area:
8 Include Eellar below grade elements unless it conflicts with other standards. (p. 3)
V. Architectural Design; E. Building Height:
54 ·Main level FF, excluding~ below grade square footage,< 4 ft above existing grade. (p. 4)
North 40 Specific Plan
2.5.2 Building Height:
Page 3of4
For portions of a structure located directly above a cellar below grade square footage. the
height measurement for that portion of the structure shall be measured as the plumb vertical
distance from the existing natural grade to the uppermost point of the structure directly over
that point in the existing natural grade. (p. 2-11)
6.6 GLOSSARY:
CHbAR
AA eRclesed area that eoes Aot e><teRd FRere thaA kn1r feet above the existiRg er fiRished grade
iR aRy lecatioR. Cellars, as eefiAee here, shall Rot he iAch ... dee iR the floor area ratio calc1:1latioA
fer resideAtial developFReRts. That area of a cellar where the h1:1ildiRg height exceeds fe1:1r feet
above existiRg er ~iAisheEI grade shall Ret he iAcl1:1dee iA this defiAitioR aAEI shall he iAel1:1ded iA
the fleer area ratie calc1:1latioA. i;or p1:1rpeses of this defiAitioR whiehever grade (existiAg er
pret1eseEI) results iR the lowest h1:1ileiAg prefile ef a h1:1ileiRg shall be Ysee . (p. 6-10)
GROSS UNIT AREA
• 8aseFReAts are iRel1:1eee Below grade square footage i s excluded. (p. 6-11)
HEIGHT
The height of all structures, excluding fences, shall be determined by the plumb vertical
distance from the natural or finished grade, whichever is lower and creates a lower profile, to
the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above
that grade. For portions of a structure located directly above a eellar below grade square
footage, the height measurement for that portion of the structure shall be measured as the
plumb vertical distance from the existing natural grade to the uppermost point of the structure
directly over that point in the existing natural grade. No point of the roof or other structural
element within the exterior perimeter of the structure shall extend beyond the plane
established by the maximum height plane. Maximum building height includes all elements and
height exceptions are not permitted within the Specific Plan Area. (p. 6-11)
STORY
That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling or roof above. If the
finished floor level directly above a easeFReRt er cellar below grade square footage is more than
six feet above grade, such easeFReRt er cellar below grade square footage shall be considered a
story. (p. 6-15)
Page 4 of 4
I Neighboring Jurisdictions Basement Regulations
City of
Monte Sereno
City of
Saratoga
Town of
Los Altos Hills
Town of
Woodside
Town of
Atherton
Basements for main dweiiings shall not be counted in the floor area. Basement
means any habitable space contained within the structure where the floor above
does not exceed 48-inches above the finished grade at any point along the
perimeter of the building footprint.
Daylight basements for main dwelling shall not be counted for the portion of the
.
1
floor area where the floor area above does not exceed 48-inches above the
finished grade along the perimeter of the building. Daylight Basement areas
1 where the floor above exceeds 48-inches_ above the finished grade along the
perimeter of the building shall be counted in the floor area.
The finished floor directly above the basement must be less than or equal to 42
inches above grade at any point along the perimeter to not be counted as floor
area and not to be considered a "story". Otherwise, the area is considered a story
and counts towards floor area. The term "grade" shall mean either the natural
grade or finished grade immediately adjacent to the exterior walls of the
structure, whichever is lower.
On hillsides at least 80% of the "basement" must be less than or equal to 42
inches above grade at any point along the perimeter to not be counted as floor
area.
The basement shall not be counted as Floor Area if: the finished floor elevation of
the building level above shall not be greater than (28) inches above the outside
natural or finished grade, whichever is lower and at least 75% of its perimeter
length must be wholly underground.
Basements that are beiow exterior grade shall not be counted toward floor area.
Areas of basements that are above exterior grade that contribute to plate heights
will add floor area to a structure.
Basements/daylight basements shall not be counted as stories in determining
what constitutes one-story portions.
When the vertical distance between the average natural grade to the finished
floor of the first story measures less than 2 feet, the basement area shall not be
counted as floor area. Exceptions for hillside properties may be permitted upon
Planning Commission Approval.
EXHIBIT 1 2
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Intentionally
Left Blank
From: Gary Kohlsaat [mailto:garyk@kohlsaatarch.com]
sent: Monday, April 24, 2017 5:35 PM
To: Levi Hiii
Cc: Erin M. Walters; Sally Zarnowltz; Jaclyn Greenmyer
Subject: Cellar Policy Comments
Dear Mr. Hill,
RECEIVED I J.. ·-fl-t!)O
APR 2 5 2017
TOVVN OF LOS GATOS
PLANNING DIVISION
As a local architect designing many single family homes over the years, I have seen my share of
code and ordinance changes, especially with the release of the Hill Design Standards and
Guidelines. ·From someone that designs homes for a living, I would appreciate the Town consider
hearing concerns from professionals like me that need to put the rules into practice. It is easy to
write blanket statements or rules that squeeze every situation into a nice neat box. Unfortunately,
the real world is rarely nice and neat. I normally stay neutral when it comes to shaping policy,
but I have to say it causes me great concern to hear about the proposed changes to the Town's
cellar policy. Not all of the changes, per se, but specifically the rule being floated that "If any
point on any elevation there is more than four feet above proposed grade then the entire floor
counts as FAR ".
It seems to me that a very vocal minority is pushing their agenda on the cellar policy. The
proposed rule change seems to directly target the size of Hillside homes, even though the extra
square footage is completely and I 00% subterranean. Why is it that a home on relatively flat
ground can have a cellar/basement and not have it count towards the FAR but as soon as a
portion of the cellar exceeds the four feet of exposure, all area on this level will also count?
People with sloping lots will be denied what others can achieve and that simply isn't fair. The
proponents of this change claim it will reduce bulk and mass. I believe the exact opposite will
happen, as less and less cellars will be designed.
Case Study #1: Consider a square shaped home with a full cellar, where one comer of the
property slopes away. Tiris slope exposes the lower comer of the cellar for maybe 25-30% of the
outer walls. Under the current rules, a portion of the lower level (the area that is exposed) would
count towards FAR, but the remainder of the cellar is clearly hidden from view. In fact, the only
way to get light, ventilation and emergency egress is through the use of light wells. The only
reason to deny the home owner this use is because of a prejudice of house size. And when I say
house size, I am talking about below grade area that does not contribute one bit to the mass of
volume of a home.
In Case Study #1, there is no impetus or reward for building a cellar. The owners are more likely
to build a second floor or do semi open accessory structures to provide for their needs, and in
doing so will put more structure above ground. This is a clear and simple example that shows the
shortsightedness of their proposal. The rule is too broad and will negatively affect future home
design.
Case Study #2: A very common occurrence in the hillsides are lots with a slope in one
direction. The preferred method to design and build on these homes is to clit and step the home
into the hillside, using retaining walls and a combination of daylighting cellars and subterranean
cellars to terrace the hill and provide light and views. (Author's Note: the terms cellar and
EXHIBIT 1 3
basement are used intermittently but mean the same thing as the definitions are difficult to
discern).
When we design these homes we always work closely with the grades to not only manage the
levels for the 4 foot cellar rule but also to keep track of the height limits. The current rules allow
for portions of the "lower floor" that are subterranean to not count towards FAR. This rule as it is
is extremely difficult to abide by but when done carefully, a home can be reasonably fit on a
hillside and provide rooms like a wine cellar, mechanical rooms, i.e ., that don't require
daylighting by the building code. Please refer to the attached cross sections (3) that illustrate this
point. There seems to be no good reason to deny this except for the bias of hillside home sizes.
These sub rooms are not open to the "exposed, day-lighted" portion of that floor level and pose
no visible trace.
I have discussed this issue with many home owners, developers, architects and engineers who are
aghast at these proposals! To a person, they simply can not fathom making it even more difficult
to design and develop homes on hillside properties. With confidence I can speak for a very large
group that are extremely concerned about the direction the Town is taking on this cellar policy.
We all hope and pray that level heads will prevail and the Town will strike this language form
the rule.
Best Regards,
Gary Kohlsaat
KOHLSAAT & ASSOCIATES
ARCHITECT U R E
51 University Ave , Su ite L
Los Gatos, CA 95030 -
(408) 395-2555
( 408) 395-4949 fax
garyk@kohlsaatarch.com
From: Jay Plett [mailto:jay@plett-arc.com]
Sent: Monday, May 01, 2017 9:06 AM
To: Erin M. Walters; Sally Zamow!tz
Subject: Re: Cellar Policy Modification Letter//darificatlon
Erin-
Because I was unable to send a schematic, I would like to clarify my point.
Ceilar spaces are. more costly than above grade construction. Homeowners
will elect to build above grade in lieu of Cellar/Basement combinations.
This will result in more Two story houses with all the Area being allotted
above ground, Instead of a portion being allotted below grade that will
result In less visible mass.
Thanks, jay
On 4/28/2017 2:23 PM, Jay Plett wrote:
Hi Erin, thanks for the information.
RECEIVED
MAY 01 2017
TOWN OF. LOS GATOS
PLANNING DIVISION
I can say in a nutshell that the Town is full of diverse properties -many are non-conforming. I believe
that is why flexible planning policies have been written in the past. This new proposed Cellar policy is
too rigid for Los Gatos - a Town with many unusual, diverse property conditions. I would say if the new
policy is implemented, it will result in less innovative designs and more bulky cookie-cutter structures.
In my opinion, the Town's current Cellar policy has served our com~unity well and should by all means
remain intact -the proposed new policy will be found detrimental and should not be adopted.
Regards
Jay Plett, Architect
PROPOSED HILLSIDE CELLAR POLICY CHANGE:
DISALLOW HOMEOWNERS THE BENEFICIAL [FREE] USE OF CELLARS IN HILLSIDE
SETTINGS IF THEY ARE BEHIND "DAYLIGHT BASEMENTS".
QUESTION: WHAT IS THE END RESULT IN THIS CHANGE IN POLICY?
• TO REDUCE BULK/MASS OF HILLSIDE HOMES?
• TO PENALIZE RESIDENTS WHO MAY NEED LARGER HOMES?
ANSWER: TO PENALIZE RESIDENTS WITH NO BENEFIT TO THE TOWN
OBSERVATION:
• THIS POLICY WILL HAVE A NEGATIVE IMPACT, AS IT WILL REMOVE ANY
INCENTIVE FOR A HOMEOWNER TO BURY ANY PORTION OF A HOME INTO
THE SLOPE. [AS IT IS MORE EXPENSIVE AND GIVES THEM NO BENEFl1]
• MONTE SERENO HAS JUST SPENT 6 MONTHS REVIEWING AND CHANGING
THEIR CELLAR POLICY [FROM THE ONE YOU ARE NOW PROPOSING TO THE
ONE YOU HAVE NOW] FOR THIS EXACT REASON . THEIR EIR SHOWED NO
NEGATIVE IMPACTS
ARGUMENTS AGAINST CHANGING THE EXISTING POLICY
YOU HA VE THE TOOLS T01 STOP PEOPLE DESIGNING MASSIVE HILLSIDE HOMES.
• FAR IS REDUCED ON SLOPING LOTS
• HOMES HAVE TO BE COMPATIBLE WITH THE IMMEDIATE NEIGHBORHOOD
IT WILL NOT HAVE ANY BENEFIT TO THE TOWN
• HOUSES WILL STILL BE DESIGNED USING FAR AND COMPATIBILITY RULES
• THERE WILL BE NO BACK UP SOLUTION TO MAKE A HOUSE WORK FOR A
HOMEOWNER [BY BURYING PART OF IT AS A CELLAR BEHIND A "DAYLIGHT
BASEMENT"] IF EITHER THE FAR OR COMPATIBILITY REQUIRE IT.
• YOU WILL HAVE HOMEOWNERS COMPLAINING THAT THIS RULE CHANGE
WILL NOT ALLOW THEM TO BE COMPATIBLE WITH THEIR NEIGHBORS WHO
WERE [PREVIOUSLY] ALLOWED A CELLAR [BEHIND A DAYLIGHT BASEMENT].
OBSERVATION:
IF YOU DO FEEL THE URGE TO CHANGE THE POLICY THERE WILL NEED TO BE
EXCEPTIONS.
EXCEPTIONS TO THE PROPOSED POLICY [IF YOU CHANGE ITI
DISCUSSION:
• GARAGES ARE FREQUENTLY AT THE LOWEST POINT IN THE RESIDENCE IN A
HILLSIDE SETTING.
• GARAGES CANNOT BE CELLARS [4 FT RULE].
• A GARAGE IN A HILLSIDE SETTING CREATES A "DAYLIGHT BASEMENT" AND
THE PROPOSED RULE CHANGE MEANS THAT ALL SQUARE FOOTAGE AT THE
LEVEL OF THE GARAGE WILL BE COUNTED TOWARDS THE · FAR [EVEN IT IS
TRULY A CELLAR].
• THIS WAS A SIGNIFICANT REASON MONTE SERENO RECENTLY AMENDED
THEIR CELLAR CODE.
EXCEPTION NEEDED:
IF A GARAGE DOOR IS THE PREDOMINANT ELEMENT THAT IS CREATING A
"DAYLIGHT BASEMENT", THEN ALL CELLAR SQUARE FOOTAGE AT THAT LEVEL
SHOULD BE ALLOWED TO COUNT AS SUCH AND NOT BE COUNTED AGAINST THE
FAR.
BUT IT IS STILL A VERY BAD RULE CHANGE.
A CLARIFICATION TO HILLSIDE CELLAR POLICY
A l\llUCH BETTER WAY TO GO
COMPROMISE: [Add Wording]
"IF A HOMEOWNER WISHES/NEEDS A DAYLIGHT BASEMENT WITH A CELLAR If./
THEIR HILLSIDE DESIGN AND THE CELLAR WOULD TAKE THEM OVER THE FAR, IT
SHOULD BE JUSTIFIED BY SHOWING HOW THE DESIGN APPROACH OTHERWISE
REDUCES MASS/BULK OR VISIBILITY FROM LOCATIONS THAT COULD BE
ADVERSELY IMPACTED."
THE DRC OR PLANNING COMMISSION WOULD THEN ANALYZE THE APPLICATION
AND SUBJECTIVELY DETERMINE WHETHER THE DESIGN HAS FOLLOWED THIS
GUIDELINE AS PART OF THE~R DELIBERATION.
THIS IS A BETTER APPR01"CH AS IT EFFECTIVELY REDUCES THE BULK/MASS
AND VISIBILITY OF HILLSIDE HOMES. THIS SHOULD BE THE GOAL OF THIS
CELLAR POLICY CHANGE.
THE PROPOSED SLEDGEHAMMER APPROACH IS BAD POLICY AND WILL
ADVERSELY IMPACT THE TOWN OVER MANY YEARS TO COME.