HomeMy WebLinkAbout06-11-2019 Council agenda packetSaratoga City council Agenda – Page 1 of 2
SARATOGA CITY COUNCIL &
PLANNING COMMISSION
SPECIAL MEETING
JUNE 11, 2019
6:00 PM CITY COUNCIL & PLANNING COMMISSION JOINT
MEETING
S. Ku Hall | Senior Center | 13777 Fruitvale Avenue, Saratoga Ca 95070
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this Agenda. The law generally prohibits the Council from discussing or taking
action on such items. However, the Council may instruct Staff accordingly.
AGENDA ITEMS
Study Session on The Mountain Winery Annexation Project
Study Session on Subterranean Structure Definition
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Debbie Bretschneider, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council was posted and available for review on June 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 June 2019 at Saratoga, California.
Debbie Bretschneider
City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council. These materials are also posted on the City website.
Saratoga City council Agenda – Page 2 of 2
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 35.102-35.104 ADA title II]
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CITY OF SARATOGA
Memorandum
To:City Council
From:Debbie Pedro, Community Development Director
Date:June 11, 2019
Subject:Study Session –The Mountain Winery Annexation Project
The purpose of the study session is to request City Council and Planning Commission feedback
on the proposed draft regulations to be adopted for The Mountain Winery upon its annexation
into the City.
Land Use Designation
The Mountain Winery is a concert, restaurant, banquet, wine tasting, and special events facility
operating under a Use Permit approved by the County of Santa Clara. Staff recommends that the
City continue to allow all the uses allowed by the County’s existing permit approvals subject to
the conditions in those approvals. Because of the unique nature of the Mountain Winery, a new
general plan and zoning designation will be created. The ownership of the Mountain Winery has
indicated that as part of the long-term plan for the property, they are contemplating lodging as
a potential future use. Therefore,staff is also recommending the proposed General Plan land
use designation include all the existing uses plus lodging.
The General Plan currently has two commercial land use designations summarized below:
Commercial Retail (CR): There are five main commercial areas in the City with this
designation. The main commercial areas include Downtown Big Basin Way (including Neale’s
Hollow), Argonaut Shopping Center, the Gateway, Quito Shopping Center and the Center at
Prospect and Lawrence. These commercial areas serve the community and/or their
immediate neighborhood. They are not regional in orientation and tend to be located in
relatively small complexes. Maximum intensity of building coverage is 60% of net site area,
except as regulated by an applicable specific plan.
Professional Administrative (PA): The maximum intensity of building coverage for this
designation is 30% of net site area. This designation may conditionally allow small scale
professional schools and similar uses.
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The new General Plan land designation proposed for the Mountain Winery is:
Visitor Serving Commercial (CV) or Regional Commercial (RC)
This designation identifies areas intended to provide a broad range of visitor serving
commercial uses with a regional orientation. Typical uses allowed include indoor and
outdoor recreation, dining, entertainment, meetings and special events, retreats,
lodging, wineries, spas, agriculture, and other similar commercial activities and
compatible uses. Parcels with this designation shall be a minimum of 150 acres in size.
The Mountain Winery would be the only site that falls under this designation.
Pre-Zoning / Precise Plan
The Local Agency Formation Commission requires cities to pre-zone properties that are planned
for annexation. Given the uniqueness of the Mountain Winery property, staff is recommending
creating a new zoning district similar in title to the General Plan land use designation that would
require the City to approve a precise plan as a means to establish more specific land use
regulations and design standards.
The parcel being considered for annexation is +175 acre in size. Currently, less than half of the
property, approximately 73 acres of land, are being used for the Mountain Winery operations
(buildings, parking, vineyards, roads, utilities, etc.) and any future development would be
confined to this 73 acre “disturbed area”.
Map of “Disturbed Area” ~73 acres
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The PrecisePlan will set forth specific standards relating to the development within the Plan area.
The proposed Plan will include development standards and design review findings that regulates
future development on the property. Key elements of the Plan will include:
Annexation Area: Parcel # 503-46-006 (~175acres) and a portion of Parcel # 503-46-007
to include the water tank.
Allowed Uses: All uses allowed by existing County approvals will be authorized subject
to all conditions in those approvals. In addition, lodging will be included as an allowed
use.
Boundaries of the Building Site:~73 acres of existing disturbed area for existing and
future development.
Maximum Building Coverage:The maximum area to be covered by enclosed structures
(footprint of buildings) shall be no more than 20% of the disturbed area.
Maximum Building Height:35’ with up to 10’ of additional height allowed for
architectural features that do not contain floor area.
Maximum Number of Rooms for Lodging: For the purpose of CEQA, the EIR will study the
environmental impacts of up to 300 rooms for lodging.
The following design review findings are proposed for the new Precise Plan to ensure that any
future development will blend in with the natural beauty and hillsides and not result in
unreasonable impacts to community viewsheds.
(a)The proposed projectwill blend in with the naturallandscape in terms of materials, form
and color.
(b) The location, design and construction of the development project follows the natural
contours of the site, minimizes grading, and is appropriate given the property's
natural constraints.
(c)Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances.
(d) If more than one sign will be erected or displayed on the site, the signs shall have a
common or compatible design and locational positions and shall be harmonious in
appearance.
(e)The height of the structure, its location on the site, and its architectural elements are
designed to avoid unreasonable impacts to community viewsheds.
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(f)The proposed project utilizes minimal lighting so that the presence of development
at night is minimized.
(g)All protected trees shall be preserved, as provided inArticle 15-50(Tree Regulations).
If constraints exist on the property, the number of protected trees, heritage trees,
and native trees approved for removal shall be reduced to an absolute minimum.
(h) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems to the maximum extent feasible; and, to the maximum extent feasible, it
shall be clustered in natural appearing groups, as opposed to being placed in rows or
regularly spaced.
Development Agreement
The annexation would include a development agreement giving the Mountain Winery a vested
right to the land use standards defined above for a defined period.
Public Comments
On June 5th, a community meeting was held to inform the public on the annexation project. Staff
shared information about the annexation process, background about the Mountain Winery, and
proposed land use and zoning designations. Prior to the meeting, staff received email comments
from two residents. Six residents attended the meeting. Most of the concerns noted relate to
the existing operations of the Mountain Winery such as traffic, noise, and light pollution. Issues
raised related to future development includes geology, number of rooms, building height limits,
and fiscal impacts to the City. Written comments received are included in Attachment 1.
Attachment:
1.Email comments
1128124.2
6
From:
To:Debbie Pedro
Subject:Winery Annexation
Date:Wednesday, June 5, 2019 3:05:32 PM
Hi Debbie
Thanks for taking the time to chat this afternoon. It's really nice to be able just pick up the
phone and call friendly and responsive people in the City.
My concerns with the winery go back a long way. I have been trying for years to get them to
modify some aspects of the operation without success. I am definitely not trying to limit the
concerts but would love to have them address two concerns: noise and light pollution.
Noise.
The concert noise around our house is such that it severely limits the use of our property.
When love the outdoors and the peace and tranquility of the area was what drew us here to
begin with. Over the years we have seen the concerts go from low key acoustic affairs to loud
amplified rock music. It seems out of place. We do not schedule eating dinner outside on
concert nights. We have discussed leaving Saratoga for somewhere more peaceful.
To make thing worse, the rehearsal and set up sessions in the afternoons of the concerts do not
seem to be restricted in volume. They are often much louder than the concert themselves. In
effect we have to endure every concert twice.
So my request to them:
Take steps to change the design of the walls, introduce baffles etc to reduce the sound
leakage from the stage, as measured at the residences downhill from the winery.
Review the sound levels set by the acts. I have been at concerts where people in the
audience were complaining how loud it was. For such a setting a lower level might be
more suitable and pleasant. At least enforce the limits in the CUP.
Ensure that the sound levels during setup are the same as for concerts themselves.
Limit the time an act can rehearse. They are having a grand time up there and often go
on for an hour or two.
Light pollution
This is easier to fix. The lights they put into the parking areas are the wrong design. They have
bulbs that are directly visible looking up the hill at the facility. The result is an ugly display
that looks like there is an airport up there. It is again jarring to see this in an area that used to
be dark at night.
My request:
Alter the parking lot lights so they do not shine down the hill outside the limits of the
parking lot. It may be as simple as installing shades to direct the light patterns.
Thanks for listening!
John Page
Attachment A
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Debbie Pedro
From:Cindy Watkins
Sent:Thursday, May 30, 2019 1:04 PM
To:Debbie Pedro
Subject:Re: Mountain Winery - Is it a Nuisance We Don't Need?
Hi Debbie,
I noted that you had no comments regarding the content of my e‐mail. Since you are probably pro development, (I'm
guessing here) please be sure to consider the wishes of the community ABOVE the need and greed for what we have.
Please do not relegate residents to second place because we are the community. Some people do not take the time to
consider community issues until it is too late. Then they kick themselves for not speaking out.
Please add me to you mailing list or email list. Thank you!
By the way, did you know that lights like you see at the Mountain Winery disrupt wildlife? Have you seen what it looks
like from the parking lot or from Vaquero Court. It's overwhelming. Please read the entire article:
https://news.nationalgeographic.com/news/2014/09/140904‐loss‐night‐birds‐hormone‐sing‐light‐winged‐warning/
I can report, without doing scientific research, that we had California Scrub Jays in 1985, but now I rarely see even one.
We also had Stellar's Jay, but now I see them maybe one per month. We had more wildlife in 1985. We do have plenty
of coyotes! Lighting could be a factor because it can prevent birds from maturing as you read in the article. Thanks again.
Cindy Watkins, Vaquero Court neighbor.
On Wed, May 29, 2019 at 11:02 AM Debbie Pedro <dpedro@saratoga.ca.us> wrote:
Hi Cindy,
Thank you for taking the time to send us your thoughts on the Mountain Winery Annexation project. Would you like to
add your name to the email list so that you can receive updates and notifications for future meetings?
If you have any questions, please do not hesitate to call or email.
Have a great day!
Debbie
Debbie Pedro, AICP
Community Development Director
City of Saratoga | Community Development Department
13777 Fruitvale Avenue | Saratoga, CA 95070
(408) 868‐1231 | dpedro@saratoga.ca.us | www.saratoga.ca.us
From: Cindy Watkins
Sent: Tuesday, May 28, 2019 6:45 PM
To: Debbie Pedro <dpedro@saratoga.ca.us>; Cindy Watkins
Subject: Mountain Winery ‐ Is it a Nuisance We Don't Need?
Hi Debbie,
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I see that Saratoga is considering annexing the Mountain Winery into the city. I'm NOT planning to come to the
meetings about this annexation, but as a neighbor I have a lot of feedback regarding the winery.
The winery is a commercial project in a residential neighborhood. I'm not sure about the actual zoning today, but
commercial is what it is. I have lived on Vaquero Court mostly since 1985 so there is a lot of history.
I have called them many times to tell them that I can hear EVERY WORD over the microphone and it is too loud. I have
asked them to turn it down. I'm probably a mile away and I don't like having the peace disturbed by people talking all
summer. I like music, but I don't like all music and I don't want to hear it outside all evening, it's annoying and disturbs
the peace. I live here to enjoy some peace and quiet not to hear a bunch of people singing and talking so loudly I hear
everything! I should not have to call them or call the sheriff to complain. They should turn it down ALL THE TIME. Yes, I
have attended concerts and they are so loud I have to wear ear plugs during the concert. It's always too loud. When I
call I repeat the words I have heard, "Cookies are being served by Doctor Jones." and they always act surprised. I tell
them to turn down the volume!
And TRAFFIC. There is the next problem. ALL traffic should be routed through the town of Saratoga, not down Pierce
Road. Pierce Road is all residential. So make all cars leaving the winery turn right and go down to highway 9 and out
through town. This is the commercial route and all of those businesses will be closed. If I attend a winery event, I would
be happy to go that way so my neighbors could enjoy peace and quiet at 10:30 PM and not hear a lot of cars and smell
gas fumes.
We already put up with the cars going up Pierce Road for catering, so make those people enter up Highway 9 not up
Pierce Road. This is a residential route so make them take the commercial route up the highway.
Do you see my reasoning and get what I'm saying? If you want commercial in this city, follow the commercial rules of
behavior or else don't come here. We don't need the Mountain Winery, we pay our property taxes, we should have the
"rural atmosphere" the city council is always saying they want but never enforce. Don't let the greed of those who are
running the winery run our city! You have to be tough on people or they will walk all over you. Talk to Mr. Larry Stone,
Assessor, Santa Clara County and make sure that the Winery is paying their fair share of taxes which should be sizeable.
Santa Clara County Assessor Larry Stone is suing an assessment board that gave the 49ers a multimillion‐dollar property
tax break he says shortchanged local governments and school districts. Do not give the winery any tax breaks or our
schools could be suffering the consequences.
Now I'm getting off my soap box for now. You may forward my email to anyone who is interested. You may read it
aloud at meetings and you may publish it as long as I'm not being bashed in the article. Thank you.
Sincerely,
Cindy Watkins
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CITY OF SARATOGA
Memorandum
To:City Council
From:Debbie Pedro, Community Development Director
Date:June 11, 2019
Subject:Study Session on Subterranean Structure Definition
BACKGROUND:
On September 19, 2018, the City Council reviewed the proposed annual amendments to the City
Code and directed staff to add subterranean structure to the list of Code updates:
Subterranean Structure –“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 of the City Code defines subterranean structure as follows:
"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)
On February 12 and March 12, 2019, the Planning Commission held study sessions on
subterranean structures and recommends that the following criteria be incorporated in to the
definition:
Detached
Covered on 3 sides
18” between top of structure and natural and/or finished grade, whichever is lower.
1,500 sq. ft. max (area of subterranean structure over 1,500 sq. ft. will count towards floor
area)
Daylighted portion should not exceed 15% of total perimeter of structure
Not visible from public right of way
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Further, the Commission considered the differences between subterranean structures and
basements and recommends the following:
Keep subterranean structure and basement definitions separate
Clarify that the area of a basement with floor area directly above (including porches
enclosed on 3 sides) should be counted as basement
The goal of this evening’s study session is to update the City Council on the status of the Planning
Commission’s work on subterranean structuresand to request that Council provide feedback and
direction on any further modifications needed to the regulations.
ATTACHMENT:
1. Planning Commission Memo dated February 12, 2019
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Study Session: Subterranean Structure Definition
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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
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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)
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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. 14
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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)
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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).
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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
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