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ArrPtC iMENT 3 TOWN OF LOS ALTOS HELLS February 16, 2006 Staff Report to the Planning Commission RE: DISCUSSION TO CONSIDER AMENDING ZONING CODE SECTION 10-1.208 (BASEMENT DEFINITION). FROM: Brian Froelich, Assistant Planner APPROVED BY: Carl Cahill, Planning Director RECOMMENDATION: That the Planning Commission: Discuss the proposed revision and direct staff to prepare text amendments to the ordinances as determined to be necessary. BACKGROUND The purpose of this item is to clarify the basement definition with regard to basement ceiling. Particularly, ceiling height has been an issue with at least two recent projects and during otherpre-application meetings for proposed or modified basements. Architects and designers have been proposing artificially lowered ceilings for the purpose of exempting floor area. DISCUSSION Currently,Zoning Code Section 10-1.208 states: Sec. 10-1.208 Basement I "Basement" shall mean a floor level, or portions thereof, which is (1) directly under a building; and (2) have its entire height (vertical distance measured from bottom of the basement slab to the ceiling above)beneath the adjoining natural or finished grade, whichever is lower; and (2) have at least 3 sides, or at least 75% of its perimeter length wholly underground. That side of the basement not wholly underground shall not be located on any side of a lot abutting one side of a road. 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.