Desk Item
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: 10/17/2017
ITEM NO: 9
DESK ITEM
DATE: OCTOBER 17, 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.
REMARKS:
A Council Member asked the following questions which are in bold font, followed by staff’s
response in italic font:
1. Please provide additional clarification and an explanation of Attachment 7, (Existing and
Proposed Below Grade Square Footage Diagram).
Staff has revised Attachment 7 to help depict the existing and proposed methods of counting
below grade square footage (Attachment 13). Staff will be available to answer additional
questions regarding the revised diagram. Staff has also provided additional clarification
below.
Existing Method and Planning Commission Recommendation
The 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. If the enclosed area
does extend more than four feet above grade in any location, this area is a basement and
results in that area counting as floor area. Cellars are enclosed areas that extend four or
less feet above grade, resulting in that area not counting as floor area.
PAGE 2 OF 3
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
OCTOBER 17, 2017
S:\COUNCIL REPORTS\2017\10-17-17\Cellars\Desk Item - Cellars Final.docx 10/17/2017 3:10 PM
REMARKS (Continued):
Currently one floor can have both countable floor area (basement) and non-countable floor
area (cellar).
Policy Committee Recommendation
The Policy Committee recommendation was intended to clarify the confusion regarding the
cellar and basement definitions and to modify the definition of Floor Area to require that if
any point on any elevation is more than four feet above grade, then the entire floor would
count as floor area. An example of this situation is when a portion of the cellar daylights
more than four feet above grade, on a sloped lot.
2. Explain how the current policy is implemented and what makes the current policy
unclear?
The Town currently has two sources that define and regulate basements and cellars, Chapter
29 of the Town Code and the Cellar Policy.
The current Town Code has two definitions relating to below grade square footage,
basement and cellar. In some instances, applicants find the two different definitions to be
confusing. The Town Code amendment would eliminate the two definitions and simply
create one new definition, “below grade square footage.”
Applicants refer to the Town Code definition of cellar or basement to determine if the square
footage is counted as floor area. Applicants then utilize the Cellar Policy which provides
direction to staff, developers, and homeowners when reviewing plans that include cellars.
The Cellar Policy (Attachment 1, Exhibit 9) also provides the following guidance:
Size and location of light/exit well;
Location of below grade patios;
Cellars and basements may not extend beyond the building footprint; and
The Planning Commission may allow an exception to this policy based on extenuating
or exceptional circumstances applicable to the property including size, shape,
topography, location, or surroundings. The Commission shall make findings to
support such a decision.
The Planning Commission and staff recommend rescinding the Cellar Policy (see Attachment
8 for proposed Resolution) and incorporating applicable portions of the Cellar Policy into the
Town Code with modifications to provide further clarification and simplification for
developers and homeowners (see Attachment 9 for proposed Ordinance).
PAGE 3 OF 3
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING CELLARS. TOWN
CODE AMENDMENT/A-17-001
OCTOBER 17, 2017
S:\COUNCIL REPORTS\2017\10-17-17\Cellars\Desk Item - Cellars Final.docx 10/17/2017 3:10 PM
REMARKS (Continued):
Attachment 14 includes public comments received between 11:01 a.m., Thursday, October 12,
2017 and 11:00 a.m., Tuesday, October 17, 2017.
Attachments previously received with September 5, 2017 Staff Report:
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
Attachments previously received with September 5, 2017 Desk Item:
11. Public Comments received between 11:01 a.m., Thursday, August 31, 2017 and 11:00 a.m.,
Tuesday, September 5, 2017
Attachments previously received with October 17, 2017 Staff Report:
12. Public Comments received between 11:01 a.m., Tuesday, September 5, 2017 and 11:00
a.m., Thursday, October 12, 2017
Attachments received with this Addendum:
13. Revised Attachment 7 -Existing and Proposed Below Square Footage Diagram
14. Public Comments received between 11:01 a.m., Thursday, October 12, 2017 and 11:00 a.m.,
Tuesday, October 17, 2017