HomeMy WebLinkAbout02-12-19 Planning Commision Study Session Agenda Packet
Saratoga Planning Commission Meeting Agenda – Page 1 of 1
SARATOGA PLANNING COMMISSION
SPECIAL MEETING
February 12, 2019
6:00 P.M. - STUDY SESSION
Linda Callon Conference Room | 13777 Fruitvale Ave., Saratoga CA 95070
ROLL CALL
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on
matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking
action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral
Communications under Planning Commission direction to Staff.
AGENDA ITEMS
1. Housing Legislation Presentation
2. Review of Subterranean Structures Definition
ADJOURNMENT
Certificate of Posting of the Agenda, Distribution of Agenda Packet, & Compliance with Americans
with Disabilities Act
I, Janet Costa, Executive Assistant for the City of Saratoga, declare that the foregoing agenda for the
meeting of the Planning Commission was posted and available for review on February 7, 2019 at the City
of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 7th day of February 2019 at Saratoga, California.
Janet Costa, Executive Assistant
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the Planning Commission by City staff in connection with this agenda are available at City Hall at 13777
Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of the agenda
are made available for public review at City Hall at the time they are distributed to the City Council.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this
meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 5.102-
35.104 ADA title II]
You can also sign up to receive email notifications when Commission agendas and minutes have been
added to the City website at: www.saratoga.ca.us/subscribeNOTE: To view previous Planning
Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
Memorandum
To: Planning Commission
From: Debbie Pedro, Community Development Director
Date: February 12, 2019
Subject: Housing Legislation
An overview of past and upcoming efforts related to housing, including recently adopted housing
legislation, will be presented at the Study Session meeting on February 12, 2019. This is the same
presentation that the City Council received at their retreat on February 1, 2019. Topics of
discussion included:
1. Review of Saratoga’s Housing Element implementation.
2. Review and update on the 2017 housing bills.
3. Anticipated new housing legislation that would affect Saratoga.
Study Session: Subterranean Structure Definition
February 12, 2019
Page 1 of 6
CITY OF SARATOGA
Memorandum
To: Planning Commission
From: Debbie Pedro, Community Development Director
Date: February 12, 2019
Subject: Study Session for Subterranean Structure Definition
BACKGROUND:
In recent years, the City has received subterranean structure design proposals which may have
represented a departure from the designs which were envisioned during the drafting of the
regulations in 2013. Staff has researched the City’s permit records and will provide the list of
subterranean structures approved in the past several years at the study session. According to
Commission Walia, the original intent of the subterranean structure regulations was to provide
for stand-alone accessory structures which do not have an exposed surface except for the
minimum required ingress/egress, lighting, and ventilation. However, the current regulations,
as written, do not specify that a subterranean structure must be detached, nor does it limit the
exposed surface of the structure to the “minimum” required ingress/egress, etc. Therefore, the
City Code may have to be amended to better articulate and clarify the original intent of the
regulations.
On September 19, 2018, the City Council reviewed the proposed cleanup amendments to the
City Code for the 2018 Annual Code Update and in addition to the items proposed, directed
staff to clarify the definition of subterranean structure by adding appropriate references to the
regulations applicable to basements and adding a requirement that subterranean structures
not be visible from the public right of way. (Attachment 1)
On November 14, 2018, the Planning Commission reviewed the proposed Annual Zoning Code
Amendments and unanimously voted to remove the subterranean structure definition from the
Code Update for future discussion. (Attachment 2)
On December 11, 2018, the Planning Commission held a Work Plan Study Session and included
review of the subterranean structure definition in the Commission’s 2019 Work Plan.
(Attachment 3)
At the January 9, 2019 meeting, the Planning Commission expressed concerns regarding
confusion over subterranean structure regulations. To address pending and future
Study Session: Subterranean Structure Definition
February 12, 2019
Page 2 of 6
development projects that may include subterranean structures, the Commission requested
that staff bring forth the item for review and discussion as soon as possible.
DISCUSSION:
Neither basements nor subterranean structures (located outside a building’s footprint) are
considered as part of the floor area. The primary area of complexity arises in determining when
a portion of a structure should be considered a basement (not included in floor area) or a story
(included in floor area). In general, if the finished floor above a below-grade space in a
structure is less than 42 inches above grade, the space is considered a basement (and therefore
not included in the floor area). If the finished floor above the below-grade space is more than
42 inches above grade then the space is considered a story and not a basement and is included
in the floor area. Slightly different rules apply to hillside lots. The calculations depend on a
number of factors, however, as set forth in the definition in the Code.
The City’s Basement Ordinance was last updated in 2002 (Ord.# 209). In the 2013 Annual Code
Update, the City Council added the definition of Subterranean Structure because the City Code
did not include a definition or development standards for subterranean structures when they
are located outside the footprint of an existing structure.
The definitions of floor area, basement, and subterranean structure are presented below.
15-06.280 - Floor area.
"Floor area" means the total enclosed, habitable or accessible floor space of all
floors of a building where the interior height of the area is equal to or greater than
five feet. The term "enclosed," as used in this Section, means a structure or area
with a roof and with three or more walls, or an equivalent percentage of
enclosure. The term "roof," as used in this Section, means a covering of any solid
material over at least seventy-five percent of the area.
Floor area is measured to the outside surfaces of exterior walls. In the case of a
sloped ceiling or ground surface, the floor area shall be measured to the point at
which the interior height is less than five feet.
Pursuant to the foregoing, floor area may include halls, stairways, elevator shafts,
ducts, service and mechanical equipment rooms, underfloor areas, porches,
verandas and similar building elements, garages, attics, crawl spaces and
accessory structures. Floor area does not include interior courts, which are areas
surrounded on all sides by habitable space but which do not have a roof, as
defined in this Section.
(Ord. 71-177 § 2, 1998; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
Study Session: Subterranean Structure Definition
February 12, 2019
Page 3 of 6
15-06.090 - Basement.
"Basement" means a space in a structure that is partly or wholly below grade and
where the vertical distance from grade to a finished floor directly above such space
is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly
above the space is more than forty-two inches above grade at any point along the
perimeter, such space shall be considered a story, and the entire space shall be
included in the calculation of floor area. This requirement applies to all lots, with the
exception of hillside lots.
On hillside lots, as defined in Section 15-06.420(e) 1, only the portion of space where
the vertical distance of the finished floor directly above such space is more than forty-
two inches above grade shall be counted as floor area and considered a story. The
number of stories measured vertically at any given point shall not exceed the maximum
number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical
distance of the finished floor above the space is not more than forty-two inches above
grade for at least eighty percent of area of such space, then the entire space is a
basement that shall not be included in the calculation of gross floor area and shall not
be considered a story. (See Figure 1c.)
1 15-06.420 – Lot. (e) Hillside lot means a lot having an average slope of ten percent or greater.
Study Session: Subterranean Structure Definition
February 12, 2019
Page 4 of 6
As used herein, the term "grade" shall mean either the natural grade or finished
grade immediately adjacent to the exterior walls of the structure, whichever is
lower. The Community Development Director shall make the determination for
sites where it is unclear as to which is the natural and which is the finished grade.
Basements are subject to the requirements of Section 15-80.035.
(Amended by Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part) 2003; Ord. 245 § 2 (Att.
A) (part), 2006) (Ord. No. 284, § 1(Att. A), 5-18-2011)
15-06.685 - Subterranean Structure.
"Subterranean Structure" includes a cellar, bunker, or other structure that (a) is
not located beneath the building footprint of a structure; (b) does not encroach
into setback areas; and (c) is located wholly underground except for required
ingress/egress, lighting and ventilation. The floor area of subterranean structures
is not counted against a property's maximum floor area and only fifty percent of
the floor area is counted against a property's maximum site coverage.
(Ord. No. 307, § 1.C.9, 10-16-2013)
15-06.670 - Structure.
"Structure" means that which is built or constructed which requires a location on the
ground, an edifice or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner. "Structure" includes
retaining walls, decks, patios, swimming pools, and recreational courts but does not
include a fence not exceeding six feet in height.
(a) Main structure means a structure housing the principal use of a site or
functioning as the principal use.
(b) Accessory structure is as defined in this Chapter.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.022 - Accessory structure.
"Accessory structure" means a structure which is: (a) detached from any other
structure such that the distance between any part of the two structures is thirty-six
inches or more; and (b) incidental and subordinate to, and customarily associated
with, the main structure or principal use on the lot. Notwithstanding the foregoing,
an accessory dwelling unit is not an accessory structure as that term is used in this
Code. No accessory structure is permitted in any zone district in the absence of an
existing or concurrently established main structure or principal use on the lot.
(Ord. 223 § 2 (part), 2003; Amended by Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 348, § 1(Att. A, § 6), 1-18-2017)
Study Session: Subterranean Structure Definition
February 12, 2019
Page 5 of 6
In addition to the definitions above, the following section of the City Code has additional
requirements for basements and lightwells.
15-80.035 - Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-
M district, with the exception of requirements in subsections (d) and (e) of this
Section, which shall apply to all districts:
(a) A basement shall be located beneath the building footprint of an enclosed
structure and shall not be located, with the exception of lightwells, within any
required setback area. The building footprint is the floor area from the exterior
surface of the exterior walls of the ground floor of all main or accessory
structures on a lot.
(b) A lightwell may not extend into a required side setback area more than three
feet and into a required rear setback area more than four feet.
(c) A basement shall be a one level structure with a maximum floor to ceiling
height of twelve feet. Floor, in this case, means finished floor, and ceiling
means the bottom level of the ceiling framing members.
(d) All proposed basements and additions to basements identified on the City's
Ground Movement Potential Map as being located in an area with significant
potential for ground movement shall obtain geotechnical clearance. The
applicant shall submit to the Planning Department a geotechnical report
prepared by a registered geotechnical engineer or registered civil engineer with
competence in geotechnical investigation and design. This report shall include
an analysis of seasonal groundwater conditions potentially impacting the
project and design recommendations for any appropriate measures to address
subsurface water.
The geotechnical consultant shall address the potential need for substantial
sump pump operation requirements where groundwater is anticipated to rise
above the basement floor.
Incorporation of subdrain systems beneath basement floors and appropriate
waterproofing measures shall be considered during preparation of
geotechnical design criteria for basements.
(e) Applicant shall submit to the Planning Department a grading and drainage plan
stamped and signed by a registered civil engineer. Water collected from a
basement shall either be transported to a nearby City storm drain inlet or to
another drainage facility. The method of drainage shall be reviewed and
approved by the Community Development Director. Disposition and treatment
of on-site storm water shall be consistent with the requirements of the Santa
Clara Valley Urban Runoff Pollution Prevention Program (NPDES requirements).
Study Session: Subterranean Structure Definition
February 12, 2019
Page 6 of 6
The size of a proposed basement may be limited based on drainage issues or
issues raised in the geologic and geotechnical reports. The cut and fill volumes
associated with a proposed basement shall not be included in the total required
cut and fill grading calculations required to be documented for the property.
(Amended by Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.25, 10-16-
2013; Ord. No. 328, § 1(Att. A, § 21), 7-1-2015)
The goal of this evening’s study session is to familiarize the Commission with the City’s current
regulations for basements and subterranean structures, discuss the Commission’s identified
issues and concerns, and provide staff with direction on any modifications needed to clarify the
intent of the ordinance.
For comparison, basement and subterranean structure regulations in other jurisdictions are
included in Attachment 4.
ATTACHMENTS:
1. City Council Meeting Minutes dated September 19, 2018
2. Planning Commission Meeting Minutes dated November 4, 2018
3. Planning Commission 2019 Work Plan Staff Report dated December 11, 2018
4. Basement and Subterranean Structure Regulations in Other Jurisdictions
–5 8
.
3.3.
RIGHT OF WAY .
,
Attachment 1
–2 3
.
1.2 0001 .
City Code. The changes include clarifying the definition of “Subterranean Structures”,
on for “Wineries” to Article 15
1235 .
.
.
1.3 0002 –
1225 or .
APPROVE WITH .
Attachment 2
REPORT TO THE
PLANNING COMMISSION
Meeting Date: December 11, 2018
Subject: Planning Commission 2019 Work Plan
Address/APN: Citywide
Owner / Applicant: City of Saratoga
From: Debbie Pedro, Community Development Director
STAFF RECOMMENDATION
Staff recommends that the Commission discuss its priority work plan items for the coming year,
to be forwarded to City Council early in 2019 for Council input and direction. No formal action
is requested or may be made at a study session, but straw polls may be appropriate to indicate
priorities.
BACKGROUND
The Planning Commission discusses its potential Work Plan items for the coming year in
November or December of each calendar year. The Council then reviews the items suggested in
a joint session with the Commission or in another format, and provides input and direction
regarding where the Commission should focus its efforts. Attachment 1 is a copy of the
transmittal of the Commission’s 2018 Work Plan to Council on March 21, 2018.
DISCUSSION
The Commission’s 2018 Work Plan focused on the following core priorities:
1)General Plan Element Update (Circulation, Open Space/Conservation, and/or Land Use).
2)Implementation of the Village Policy Update, i.e. Village Parking Standards, Village
Design Guidelines
Staff expects that the items above will continue to be the major focus for the Commission in
2019. The following is a summary of the Work Plan items proposed for 2019.
General Plan Update. Continue work on the General Plan Update. In April 2018, the City began
the 18 month process to refresh and make minor policy updates to three elements of the City’s
General Plan (Land Use, Circulation, and Open Space & Conservation). So far, the Commission
has held five study sessions to solicit input from the public. The consultant and staff are working on
incorporating Commission comments in the updated documents. The tentative timeline for
Commission review of the draft documents is Spring 2019.
Attachment 3
Report to the Planning Commission
Work Plan Study Session
December 11, 2018
Page | 2
Village Policy Update. Continue work on the implementation of the Village Policy Update. In
2017, the City Council affirmed the Planning Commission’s recommendations to update the
Village Parking Standards and Village Design Guidelines. An ordinance amending the Village
Parking Standards was recently completed. Staff, with the assistance of a consultant, is updating
the graphics in the Design Guidelines to create a document that is organized and illustrated for
optimal use by property and business owners within the Village. The updated Village Design
Guidelines will be reviewed by the Planning Commission and forwarded to the City Council for
final adoption.
Subterranean Structure Definition. Per Council’s direction in September 2018, clarify the definition
of Subterranean Structures by adding appropriate references to the regulations applicable to
basements and add a requirement that subterranean structures not be visible from the public right of
way. (Section 15-06.685).
Tree Regulations Ordinance. The Santa Clara County Fire Department has identified blue gum
eucalyptus (Eucalyptus globulus) as a “problem invasive” tree and suggests that its removal may
reduce fire risks. The City arborist is recommending modification to the City’s tree regulations
(Article 15-50) to allow the removal of blue gum eucalyptus with a tree removal permit.
Other Items
If the Commission feels that other items deserve its priority attention in 2019, they should bring
those items up for discussion at the Study Session.
ATTACHMENT
1.City Council Staff Report Regarding the Planning Commission 2018 Work Plan dated March
21, 2018
Hillsborough Municipal Code
17.32.020 - Total covered floor area.
A.For purposes of Sections 17.32.030 and 17.32.040, the phrase "total covered floor area"
shall mean the total area of all buildings on the lot (except for excluded accessory
structures listed in this section) measured to the exterior wall lines thereof (i.e., the outside
edge of exterior walls). This shall include all roofed areas with a level floor-to-ceiling height
of at least seven feet, including basements as set forth in subsection C of this section,
closets, stairwells, bay windows, turrets, and other projections bounded by two or more
exterior walls, plus the additional amount of square footage, if any, specified by subsections
B and D of this section. For purposes of this chapter, floor area includes finished or
unfinished floor area. The foregoing notwithstanding, the following accessory structures
shall be excluded from (i.e., not counted in) the floor area calculation: trellises, open
gazebos, open pergolas, open decks, carports open on at least two sides, and other
structures of a similar type as determined by the town's planning office.
B.For rooms or areas with low sloping ceilings, such as attics, all floor areas with a level
floor-to-ceiling height of at least five feet shall be counted as floor area.
C.For basement areas with exterior walls less than two feet above the surrounding natural
grade, thirty-three percent of all floor areas with a level floor-to-ceiling height of at least six
feet shall be counted as floor area. For basement areas with exterior walls two feet or more
above the surrounding natural grade, one hundred percent of all floor areas with a level
floor-to-ceiling height of at least six feet shall be counted as floor area. The height of
exterior basement walls shall be measured from the surrounding natural grade to the plate
height of the ground-level floor above.
D.For spaces with high ceilings, one hundred and fifty percent of all floor area (after the first
three hundred square feet, which shall be counted at one hundred percent) with a floor-to-
ceiling height greater than twelve feet shall be counted as floor area.
(Ord. 657 § 4, 2005; Ord. 639 § 20 (part), 2003)
Attachment 4
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Basement Ordinance
Effective Date: 11/20/2011
Sec. 10-1.202 Basement
"Basement" shall mean a floor level, or portions thereof, which has:
(1) all portions directly below a building; and
(2) the finished floor elevation of the building level above shall not be greater than twenty-
eight (28”) inches above the adjoining natural or finished grade, whichever is lower; and
(3) have at least 75% of its perimeter length wholly underground; and
Daylighted basements shall comply with all height and setback requirements of this ordinance.
Basements including cellars and bunkers, which are not located within the footprint of the
building above, may be permitted by the Planning Commission when it finds that such structures
do not encroach in setbacks, are a minimum of 18 inches below natural grade, are wholly
underground except for required exiting, lighting and ventilation and are counted as development
area except when placed under a surface already counted as development area. Bunker area that
exceeds 1,500 square feet shall be counted as Floor Area.
Daylight Basement Structure Height Setback: For basement floor levels, the floor area portion
and the first 20 feet of a daylighted basement shall be limited to a structure height of 27 feet as
measured from the basement pad elevation to the highest portion of the roof structure above.
(See Example #4)
Note: Daylighted basements shall comply with the Town’s grading policy. The Grading Policy is
used by staff in evaluating and making recommendations to the Planning Commission and/or
City Council regarding site development applications, and as guidance for applicants.
Individual sites may dictate a need to deviate from the criteria, to the extent permitted by the
Planning Commission and/or City Council.
Policy: Basement Ordinance
Page 2
BASEMENT EXAMPLES
1st Story
Basement
Natural
Grade
Finish
Grade
1st Story
Natural
Grade
Finish
Grade
EL 239.52’
SECTION
Floor
Area
PLAN
Floor
Area
Basement
Basement
EL 239.52’
At least 75% of
basement perimeter
wholly underground
Standard Basement 1 2 Daylight Basement
3 Topography line at 28”
below the FF elevation
Max 4 foot tall
retaining
walls
Basement Retaining Wall and
Floor Frame Detail
Topography line at 28”
below the FF elevation
Basement
20’
20’
Floor
Area
4 Daylight Basement Structure Height Setback
28” below the 1st FF elevation
Floor
Area
Basement
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING CELLARS
WHEREAS, the Town Council wishes to simplify and provide clarity with regard to below
grade square footage; and
WHEREAS, the proposed code amendments are consistent with the General Plan and its
Elements.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 is hereby amended to read as follows:
CURRENT DEFINITIONS:
Sec. 29.10.020 -Definitions.
SsseFReRt means an enclosed area that extends more than fol:.lr (4) feet above the existing or
finished grade in any loeation. Basements, as defined here, shall be incll:.lded in the floor area ratio
eale1:Jlation. For pl:.lrposes of this definition, whiehever grade (existing or proposed) resl:.llts in the
lowest bl:Jilding profile of a bl:Jilding shall be 1:Jsed.
CeJl.sr means an enclosed area that does not extend more than fol:Jr (4) feet abo•.-e the existing or
finished grade in any loeation. Cellars, as defined here, shall not be incll:Jded in the floor area ratio
ealel:Jlation for residential developments. That area of a eellar •Nhere the bl:Jilding height exeeeds
fol:Jr (4) feet above existing or finished grade shall not be incll:Jded in this definition and shall be
inell:Jded in the floor area ratio ealel:Jlation. For pl:.lrposes of this definition whiehever grade
(existing or proposed) resl:Jlts in the lowest bl:Jilding profile of a bl:Jilding shall be 1:Jsed.
AMENDED DEFINITIONS:
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 liJOint on the elevation, incll:Jding basements and eellars, measured from
CITY OF MONTE SERENO
18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030
(408) 354-7635 • FAX (408) 395-7653 • WWW.CITYOFMONTESERENO.ORG
P:\Front Counter Handouts\Building Heights & Basements.docx 7/2018
BUILDING HEIGHTS & BASEMENTS
Building Height means the vertical distance measured from the natural grade or finished grade, whichever is lower, to the
point of the structure above, except where a crawl space, Basement or Daylight Basement exist. In areas where a crawl
space, Basement or Daylight Basement exist, building height shall be calculated from the average natural grade to the
point of the structure above.
Additional Information: When the structure is on a slab foundation, the building height is measured from the natural
grade or finished grade, whichever is lower. Otherwise it is measured from the average natural grade.
When using the average natural grade to show overall height a roof plan with elevation contours overlaid on the plan
can be used to indicate the proposed height of the structure.
Basement means any habitable space contained within the structure where the floor above does not exceed 48” above
the finished grade at any point along the perimeter of the building footprint. A basement cannot extend beyond the
footprint of the floor above.
Daylight Basement means any habitable space contained within the structure where a portion of the floor above does
not exceed 48” above the finished grade along the perimeter of the building footprint and a portion of the floor above
exceeds 48” above the finished grade along the perimeter of the building footprint.
Floor Area means the entire area of all floors, measured from the outer face of the exterior walls. Basements as defined
in 10.01.020D for main dwellings shall not be counted in the floor area. Daylight Basement as defined in 10.01.020D for
main dwellings shall not be counted for the portion of the floor area where the floor above does not exceed 48” above
the finished grade along the perimeter of the building. Daylight Basements areas where the floor above exceeds 48”
above the finished grade along the perimeter of the building shall be counted in the floor area.
Additional Information: When calculating floor area for structures that have a Daylight Basement indicate on the floor
plan which area is considered a basement (does not count towards the maximum floor area) and which area is consider a
daylight basement (counts towards the maximum floor area.
Portola Valley Municipal Code
18.04.065 - Basement.
"Basement" is a floor level directly under a building which meets the following criteria:
A. The ceiling height is not more than twelve feet.
B. Provisions for light, ventilation and access do not exceed the minimum requirements of
the building code, notwithstanding that additional provisions for light, ventilation and
access may be permitted by the architectural and site control commission when it finds
such additional provisions will not be visible from adjoining or nearby properties as
such properties currently exist or as the architectural and site control commission
believes may be used or developed in the future. Garages are not permitted under this
provision. By virtue of the foregoing definition, a basement is permitted to meet the
minimum requirements of the building code, including, but not limited to, light,
ventilation and access, without approval of the architectural and site control
commission.
C. The underside of the floor joists of the floor above are not more than eighteen inches
above the adjoining natural or finished grade at any point, whichever is lower.
D. Where a room(s) partially meets the provisions of subsection C. of this section, that is,
a portion is not more than eighteen inches above adjoining natural or finished grade,
whichever is lower, and a portion is more than eighteen inches above such grade, a
portion of such room(s) shall be considered as basement and a portion shall be
considered as floor area. The rule for such determination shall be as follows:
1. The outside perimeter of the room(s) shall be measured and designated "A."
2. The outside perimeter of the room(s) where the underside of the floor joists of the
floor above are not more than eighteen inches above adjoining natural or finished
grade, whichever is lower, shall be measured and designated "B."
3. The amount of floor area of the subject room(s) that will be counted as basement
is then equal to the entire floor area of the room(s) multiplied by the fraction of B/A.
The balance of the floor area shall be counted as floor area.
E. The basement floor area shall not exceed the floor area of the first floor of the building
above.
(Ord. 2017-419 § 2, 2017; Ord. 1999-323 § 1, 1999: Ord. 1995-285 § 1 Exh. A (part), 1996: Ord.
1988-242 3 (Exh. B) (part), 1988)
A = The gross area in acres of the parcel or lot.
Measurements along contours shall be made at contour intervals not to exceed ten feet, and a
horizontal map scale of one inch equals 200 feet or larger.
BACKFILL. The replacement of removed earth materials from Excavations with excavated or
approved new material, such as sand, gravel, rock, or earth
BASEMENT. An improved or unimproved space which is fully or partially below the Existing
Grade or Finished Grade, whichever is lower, so that the vertical distance from the adjoining ground to
the top of the interior structural ceiling is no more than two feet above grade. This shall include below
grade patios, vehicular Tunnels including the driveway approach, and egress/light wells, but does not
include Crawl Space.
BASEMENT, DAYLIGHTED. An improved or unimproved space which is partially below the
Existing Grade or Finished Grade, whichever is lower, so that the vertical distance from the adjoining
ground to the top of the interior structural ceiling is more than two feet above grade. Daylighted
Basements do not include Crawl Space. Daylighted Basements count towards Total Floor Area pursuant
to Section 153.055.
BEDROCK. The undisturbed rock exposed or beneath the soil.
BENCH. A relatively level step excavated into earth materials.
BUILDING PERMIT. A permit issued by the Town for the construction, erection, or alteration of
a structure or building.
CERTIFICATION. A statement that required inspections and tests have been performed and that
such tests comply with the applicable requirements of this chapter.
CLEARING. The removal of vegetation but shall not include normal vegetation pruning.
COMPACTION. The consolidation of Fill material by mechanical means.
CONTOUR GRADING. Grading which minimizes abrupt changes in the contour of graded areas in
order to obtain a natural appearance.
CRAWL SPACE. Areas under an Above Grade Structure or adjacent to a Basement with an
interior finished ceiling height of no more than four feet.
CUT. Excavation and removal of soil (or other substrate material) from a Site.
DRIVEWAY. A way or route for use by vehicular traffic leading from a parking area or from a
house, garage, or other structure to the Road.
EROSION. The wearing away of the ground surface as a result of the movement of wind or
water.
EXCAVATION. Any act by which earth, sand, gravel, rock, or any other similar material is Cut
into, dug, quarried, removed, displaced, relocated, or bulldozed or the conditions resulting there from.
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Town of Woodside Municipal Code (Excerpt)
FILL. A deposit of earth, sand, gravel, or rock materials.
FOUNDATION PIERS. Vertical foundation members drilled or driven into soil or Bedrock.
GRADE. The elevation of the ground surface.
GRADE, EXISTING. The elevation of the ground surface prior to Excavation or Filling.
GRADE, FINISHED. The elevation of the ground surface after the completion of all Grading.
GRADING. An Excavation or Fill, or the Stockpiling or any combination thereof, or the conditions
resulting from any Excavation or Fill. All Grading quantities shall be measured in their compacted state.
GRADING, BASEMENT AND DAYLIGHTED BASEMENT. Basement size is determined by the
maximum allowable basement grading. Grading quantities for Basements and Daylighted Basements are
calculated to the exterior of the Basement structural walls. Basement and Daylighted Basement grading
does not include the area required for any over -excavation required to construct the Basement or
Daylighted Basement. Basement and Daylighted Basement Grading is calculated using the formula in
Section 151.22.C.1. Basement and Daylighted Basement Grading is not included in Site Grading.
GRADING, SITE. The process of adjusting the slope and elevation, excluding any grading listed in
Sections 151.20.A.11 and 151.20.B.
IMPERVIOUS AREA. Material that is not permeable by water or other fluids. Material that
functions as a barrier to water infiltration into the soil (e.g., most concrete, asphalt, tile, and plastic
lining).
grading.
IMPORTED MATERIAL. Earth material acquired from an off-site location for use in on-site
KEYWAY. A Benched area Cut into subsurface materials intended to support Fill.
NATURAL STATE. Natural State is the condition of land with no Grading, terrain alteration,
keeping of livestock*, or removal of natural vegetation. Natural State areas include all natural features
such as stream zones, rock outcrops, ridgelines, drainage swales, and areas of significant natural
vegetation. No Grading or other disturbance is permitted (except as may be required for public safety or
the development of Town designated trails). *Reference WMC § 115.12, Private Stable Regulations, for
further details on keeping of horses.
NATURAL STATE RESTORATION AREAS: Natural State Restoration Areas are previously
disturbed areas where Grading and restoration are allowed as part of the Site Development Permit, to
restore a Site or portion thereof, to its natural, pre -development era condition, or to restore a Site
following land movement or other disturbance and/or climate related phenomena.
OWNER. The individual, firm, partnership, association, trustee, or corporation who or which:
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7)
b) Design. All Site Grading shall be properly contoured, result in natural
appearing land forms specific to the site, and minimize abrupt grade
changes; and,
c) Natural State Restoration. Natural State Restoration shall be
accomplished to the maximum extent practicable.
Entitlement Expiration. Any approval by the Town Engineer, Planning Director or
Planning Commission, given pursuant to the provisions of this Chapter 151 shall
lapse and shall become null and void two years following the date on which the
approval became effective, unless, prior to the expiration of two years, a site
development permit has been issued. Approvals may be extended for an
additional period of one year provided that, prior to the expiration of the initial
two year approval period, an application for the renewal of the approval is filed
with the Planning Director. The Planning Director may grant an extension for a
period not exceeding one year where no change in conditions or requirements
has occurred, but an application involving a change deemed to be significant by
the Planning Director shall be treated as a new application, subject to all the
provisions of this chapter.
8) Application Inactivity. Any Planning application which has been incomplete for
six or more months shall be considered inactive. The Planning Director shall
notify applicants of such status by letter and provide 60 days to bring the
application to complete status. If the application has not achieved complete
status to the satisfaction of the Planning Director within this 60 day period, the
applicant shall be refunded fees as specified by the Town's fee schedule and the
application shall be closed.
75 Code, § 7-4.10) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2014-564, effective 12-1-14)
C) Basement and Daylighted Basement Grading. Grading quantities for Basements and
Daylighted Basements shall be calculated as the exterior of the Basement structural
walls. The maximum permitted Grading for a Basement shall be as follows in Table 1
below (no Grading Exceptions are permitted to Table 1).
Table 1— Maximum Grading for Basements and Daylighted Basements*
Zoning District Maximum Cubic Yards of Grading
R-1, SR, RR, and all SCP The maximum residence size allowed for the property
without an exception multiplied by 12 and divided by
27.
CC The maximum building coverage allowed for the
property multiplied by 12 and divided by 27.
All OS The Total Floor Area allowed for the property or 6,000
square feet, whichever is less, multiplied by 12 and
divided by 27.
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The maximum cubic yards of grading for basements is calculated as the square footage (the footprint)
times 12 (a depth), divided by 27 (to convert cubic feet to cubic yards). This is a volume calculation,
therefore basements with greater depths have smaller footprints.
1) Calculation of Basement and Daylighted Basement Grading. Basement and Daylighted
Basement Grading shall be calculated to the exterior structural walls located below Existing
Grade or Finished Grade, whichever is lower. When calculations of an existing Basement(s) and
Daylighted Basement(s) Grading is needed to determine the remaining allowable Basement(s)
and Daylighted Basement(s), or when Grading for a site and construction plans are not available,
the existing Basement and Daylighted Basement Grading shall be calculated as the interior
finished dimensions, plus an assumed factor of 12 inches for all structural walls.
2) Means and Methods for Basement and Daylighted Basement Grading. Over -excavation for
Basement and Daylighted Basement Grading shall be minimized to the greatest extent
practicable. The means and methods for over -excavation for Basement and Daylighted
Basement Grading exceeding eight feet shall require the review and approval of the Town
Engineer and Planning Director."
75 Code, § 7-4.10) (Ord. 1984-317, effective 4-12-84)
151.23 REVIEW CRITERIA.
The following factors shall be considered by the Town in its review of any application for a Site
Development Permit, as indicated in § 151.20:
A) The degree of saturation of the Fill and unsupported Cuts by water, both natural and
domestic;
B) The runoff of surface waters which have a potential to produce Erosion, siltation, and
other adverse impacts on stream corridors or flood plains;
C) The subsurface conditions, such as the rock strata and faults;
D) The nature and type of the soil or rock;
E) The effect upon the potential for future subdivision design;
F) The visual relationships with other development in the vicinity of the Site;
G) The relationship of the proposed Site Development to the character of the surrounding
community;
H) The capability of proposed slopes to be landscaped;
1) Unnecessary scarring of the natural landscape through the proposed Grading or removal
of vegetation;
J) Proper contouring of Grading to result in natural appearing land forms specific to the
Site and minimize abrupt grade changes;
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4) Surface preparation. The ground surface shall be prepared to receive the Fill by
removing vegetation, topsoil, and other unsuitable materials and shall be
scarified to provide a bond with new Fill. Where slopes are steeper than five to
one, and the height is greater than five feet, benching or keying into sound
Bedrock or other component material as determined by the Soils Engineer may
be required.
5) Compaction of Fills. All Fills intended to support buildings or structures or where
otherwise required to be compacted for stability of material shall be
compacted, inspected, and tested in accordance with the approved
geotechnical report. Where no geotechnical report exists, the following
provisions shall apply:
a) Surface preparation. The natural ground surface shall be prepared by
the removal of topsoil and vegetation and, if necessary, shall be graded to a
series of terraces.
b) Moisture control. The moisture content of the Fill material shall be
controlled at the time of spreading and Compaction to obtain the required
maximum density.
c) Compaction density. The Fill material shall be compacted to a relative
Compaction density of not less than 90%, determined by the current ASTM
standard.
75 Code, § 7-4.08(c) - (e)) (Ord. 1984-317, effective 4-12-84) Penalty, see § 10.99
151.41 BASEMENTS.
A) Development Standards. Basements shall meet the following development standards:
1) No more than 50% of the maximum allowable Basement Grading, pursuant to
Section 151.22.C, shall take place beyond the footprint of an Above Grade
Structure;
2) Any Basement not located under an Above Grade Structure or Impervious Area
shall have at least two and one-half feet of soil between the Finished Grade and
the top of the Basement structure;
3) Below grade patios and egress/light wells, in aggregate, shall comprise no more
than 15% of the maximum allowable Basement Grading;
4) Below grade Tunnels, in aggregate, shall comprise no more than 15% of the
maximum allowable Basement Grading;
5) All Basements shall meet the required setbacks, except Basements beneath
nonconforming structures, which may encroach into the required setbacks so
long as that portion of the newly constructed Basement located in the setback
does not exceed the footprint of the nonconforming structure. Egress/light
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wells which encroach into setbacks shall be sized to the minimum required by
the California Residential Code (CRC) and/or California Building Code (CBC),
whichever is applicable;
6) All Grading for Basements, egress/light wells, and below grade Tunnels shall
adhere to Section 151.40.B.2;
7) The maximum interior finished height of a Basement shall be 20 feet; and,
8) All Tunnels shall be a maximum of eight feet wide in interior finished width, and
nine feet high in interior finished height. Vehicular Tunnels (Tunnels leading to
above or below grade vehicular parking) shall be excluded from this
requirement.
B) All portions of Basements located below grade shall not count towards Total Floor Area
pursuant to Section 153.055.
151.42 SPORT COURTS AND SWIMMING POOLS.
Maximum Cuts and Fills. Cuts and Fills for such accessory uses as sport courts and decking or
terraces around swimming pools shall not exceed a height of six feet measured vertically from the toe to
the top of the slope. ('75 Code, § 7-4.08(f)) (Ord. 1984-317, effective 4-12-84) Penalty, see § 10.99
151.43 DRAINAGE.
Adequate provisions shall be made to dispose of surface waters and to prevent such surface
waters from damaging the face of an Excavation or any portion of a Fill in accordance with the 1978
Town Storm Drain Master Plan and any subsequent revisions, and the following:
A) Subsurface drainage. Cut and Fill slopes shall be provided with subsurface drainage as
necessary for stability.
B) Disposal. All drainage facilities shall be designed to carry waters to the nearest
practicable drainage way approved by the Town Engineer as a safe place to discharge
such waters. The Erosion of ground in the area of discharge shall be prevented by the
installation of downdrains, retention basins, or other devices.
C) Building pads. Building pads and all finished Grading shall comply with the drainage
slope gradient required by the Building Code. If it is not practical to slope the finish
grade away from the building, alternative methods may be approved by the Town
Engineer. Surface drainage shall be toward approved drainage facilities to the
satisfaction of the Town Engineer. Building pads, if necessary, shall be protected by
berms, walls, Fills, or trenches which drain to a protected outlet.
D) Drainfields. The Site drainage system shall be designed and constructed so that surface
drainage shall not cross septic tank drainfields. Interceptor trenches or curtain drains
may be used if approved by the County Environmental Health Officer and Town
Engineer.
E) Driveways. To prevent Erosion and ponding on the roadside and Road surface, all
Driveways shall have a minimum cross slope of 3% or as approved by the Town
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