HomeMy WebLinkAbout3.2ITEM 3.2
TOWN OF LOS ALTOS HILLS May 8, 2014
Staff Report to the. Planning Commission
SUBJECT: DISCUSSION OF TITLE 10, CHAPTER 1, ARTICLE 2 OF THE LOS ALTOS
HILLS MUNICIPAL CODE (FLOOR AREA DEFINITION); FILE #343-13-
MISC
FROM: Nicole Horvitz, Assistant Planner
APPROVED: Debbie Pedro, AICP, Community Development Director
RECOMMENDATION: That the Planning Commission:
Review and discuss the request submitted by Scott Stotler of Stotler Design Group Inc. on March
26, 2014 to amend Section 10-1.202 (Floor Area Definition) of the Los Altos Hills Municipal
Code.
BACKGROUND
At the November 14, 2013 Planning Commission meeting, staff brought forth a request by
several designers/architects that the floor area definition in the Los Altos Hills Municipal Code
was resulting in design issues and requested the Planning Commission provide clarification on
the application of the code section.
The Commission discussed the floor area definition and unanimously agreed that the intent of the
code is to measure the 17' height limit from the finished floor to the underside of the roof
structure. Many single story homes in Town have taller than average plate heights and appear to
be two stories from the exterior, which adds to the bulk of the structure. The intent of the current
code section is to reduce the bulk of a single story residence and count over height areas (17' or
greater) twice as if it was a two story residence. The Commission then directed staff to prepare a
text amendment to clarify the ordinance language.
At the February 6, 2014 meeting, the Commission voted unanimously to forward a
recommendation the City Council to amend the ordinance as follow:
"Floor area means the gross horizontal area of the several floors of all buildings,
including garage space and carport space (if the carport space was approved after March
9, 2002), measured to the outside of exterior walls. Floor area is counted twice when the
vertical distance between the upper surface of the floor eT--and the underside of the roof
directly above it is greater than seventeen (17) feet. except when counted floor area
occupies the intervenine spac . Stairwells shall only be counted as floor area once. That
portion of an attic is considered floor area when the distance between the upper surface of
the attic floor and the underside of the roof above it is more than seven (7) feet in height.
Staff Report to the Planning Commission
Floor Area Definition
May 8, 2014
Page 2 of 3
For the purposes of this definition, all attic spaces are considered to have floor surfaces.
Area meeting the definition of a basement is exempted from floor area."
After the February Planning Commission meeting, the Town received comments from three
desipers/architects who work within the community voicing their opposition to the proposed
text amendment. In an email by architect Daryl Harris dated March 17, 2014, he noted that "the
proposed change to the floor area definition ... represents aCOMPLETELY NEW interpretation
and enforcement of this code section.... the double counting of volume ... has alwUs been
interpreted and enforced by measuring the proposed vertical height from the floor to the
CEILING or attic floor above, NOT the underside of the roof above!"
In an email dated March 26, 2014, designer Scott Stotler submitted to the Town a list of 30
homes that have been'approved since 2002 using the former (pre 2002) MFA interpretation
where the interior spaces of 17' was measured to the ceiling. In addition, he proposes that the
ordinance be amended as follow:
"Floor area means the gross horizontal area of the several floors of all buildings,
including garage space and carport space (if the carport space was approved after March
9, 2002), measured to the outside of exterior walls. Floor area is counted twiee when
vertieal distanee between the upper- suFfaee of the fleer or- the under -side of the roof
direedy above it is greater- than seventeen (17) &%4-. only once when the ceiling directly
above it is seventeen (17) feet. Stairwells shall only be counted as floor area once. That
portion of an attic is conside ' red floor area when the distance between the� upper surface of
the attic floor and the underside of the roof above it is more than seven (7) feet in height.
For the purposes of this definition, all attic spaces are considered to have floor surfaces.
Area meeting the definition of a basement is exempted from floor area."
Emails from Scott Stotler of Stotler Design Group, Inc., Daryl V_Harris of RH Associates, and
Shawn Owen from Owen Signature Homes are included in Attachment 2.
Staff researched the homes provided by Mr. Stotler and found that 5 out of the 30 houses were
approved prior to 2002, where the current ordinance is not applicable (Ordinance 418). Of the
remaining 26 houses, 2 did not have any areas over 17' in interior height, 6 had -areas over 17'
counted twice and 17 had areas over 17' but did not get double counted for floor area. A
spreadsheet with details of the applicable projects is included in Attachment 3. Staff began a
comprehensive review of the approximately 250 new residences approved by the Town since
2002 but the research has not been completed as of the writing of this report.
Additional background information regarding this project can be found in the November 14, 2013
and February 6, 2014 Planning Commission staff report and meeting minutes. (Attachment 1)
0
13
Staff Report to the Planning Commission
Floor Area Definition
May 8, 2014
Page 3 of 3
The ordinance amendment is exempt from California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b) (3).
ATTACHMENTS
1. Staff reports to the Planning Commission and minutes dated November 14, 2013 and
February 6, 2014
2. Email comments from Shawn Owen, Daryl Harris, and Scott Stotler
3. Spreadsheet of applicable projects
Attachment I
ITEM 43
TOWN OF LOS ALTOS HILLS February P, -2014
Staff Report to the Pl.,m.ning Commission
SU13JECT- ORDR!,'UNCE AMENDN�E-N-f TO TITLE 10, CHAPTER 1, ARTICLE
(DESIC3-K.,kTED) OF THE LOS ALTOS, HILLS 'MLR�CIPAL CODE (-MXT
,k)vIENIDNIENT TO FLOORAREA DEFINITION); FIL . E-4�134-3-13-NMISC
FROM: Nicole Horntz, Assi=- -at Planner of
APPROVED: Di.ibbie Pedro, A]CR, Comnitmity Development Director,.,2:
RECO&NIENDATIONT: That the Planmfi a Commission*.
Review the proposed text amendments, to the d'efinit:ion of floor area in Section 10-1-202
-(designated) of the Los...-Adtos Hills Municipal Code; Ai\ID
a Forward a recommendation ofappro-val to the City Council.
BACKGROUND
Recently, several desipers"architects commented that the floor area definition in the Los Altos
Hills �vfunicipal Code was reml-ting in design issues and requested the Planning Commission
provide - clarification on the application of tht code section. At their November 14,2013 meetina
the Commission discussed the floor area definition and unanimously agreed that the intent of the
code is to measure the 171 height limit from the finished floor to . the underside of the roof
structure as shovn in the figure below. I -
The Commission then directed staff to clarify the existing ordinance by arnending the language
as follows -
"Floor area tneans the gross horizontal area of the several floors oj` all
buildinggs, including agarage space and carport space (if the carport space �1,
1::1 as
approved after 11arch 9, 2002), measured -to the outside of exterior 1valls. Floor
area is counted nvice ivhen the vertical disiance benveen the upper surf�ce of the
jUpor-er—and the underside of the roof direcrlv above it is q_reater than seventun
Staff Report to the Planning Commission
Floor Area Definition
February 6, 2014
Page.2 of 2
(17) fee Stairwells shall only be counted as floor area once.- That portion of an.
attic is consideredfloor area when the distance between the upper surface o� the -
attic floor and the underside of the roof above it is more than seven ) feet in
.(7
height For the p oses of this. definition; all-qq� qs- are- consideredt;, 'A
Urp al ay.e .....
-floor surfaces. 4rea meeting the definition of a basement is exemptedfrom floor
area
Additional information. is from the November 14, 2013 commission meeting is included
in attachment 1.
PUBLIC COMMENTS
To date, staff has not received any- comments from the public.
CEOA STATUS
The ordinance amendment is exempt from California Environmental Quality Act -(CEQA)
pursuant to Section 15061 (b) (3).
ATTACHMENTS
1. Staff report to the Planning Commission and minutes dated November 14, 2013
.ATT.ACMIENT 1
TOWN OF LOSALTOS AILLS. November 14, 2013
Staff Report to the Plannina Commission
SUBJECT: DISCUSSIOIN OF FLOOR AREk DEFLNITION: FILE '1343-1' )-'&vIISC
'71 .
FROM: Nicole Horvit7, Assistant Planner,;�//-,K
APPROVED- Debbie Pedro,AICP. Community Development Direct -_
or VR
RECOI'vWENDATION: That the Pl=ing Commission:
Review -and provide clarification to' staff -for the definition of floor area in Section '10-1.202 of
the Los Altos Ms iNifunicipal.Code.
BACKGROUND
In 1986 the definition of floor area per Los Altos Hills Municipal Code Section was defined as:
"Floor area shall mean the gross horizontal area of the several fibors of- all
buildings, including 6,arage space, measured to the outside of exterior walls. Floor
area, is �colm I ed,-nVTCe.-1Vken_ the _vgrdra I ilia Yin v7 a r elrr-r-rl-o A, f
is_,_:,reqt& thdn 1-7 feet.. �That portion of attics and similar areas are considered
Floor,4rea when the distance between the zipper swface of the atticfloor and the
underside of the roof above it is 7jeet or more. For the purpose of this definition,
all attic spaces are considered to havefloor surfaces " (Ordinance 295, 1986)
In 2002 the code was amended to read:
"Floor area means the gross. horizontal area of the severalfloors of all buildings.
including garag
,e space and carport space (if the carport space was approved
after bfarc.h 9, 2002), measured to the outside Pf exterior walls. Floor. Grea is
coun'ted tivice when, the -vertical- disrance between the agger surface ofthe floor or
the _undetsid� gf tlig -roqFd1recrlv. above it is greater than seventeen -(1.7)-feet.
Stairwells shall only be counted as floor area once. That portion of an attic is
consideredfloor area when the distance between the upper surface of the attic
floor and the underside of the roof above it is more than seven (-/)feet in height.
For the purposes of this definition, all attic spaces are considered to have floor
suifiaces. Area meeting the definition of a basement is exeinptedfto?�z floor area".
(Ordinance 418, 2002)
Many single story homes in Town have taller than average plate heig s and appear to be two
0 1_� ,ht
stories from the exterior, which adds to the bulk of a single story residence to almost the same as
a two story residence,
Staff Report to the Planning Comm-L'Wioa
Floor Area- Definavan
Novembtr 14 "1013
page -2 of 3
The intent of the current code section is to reduce the bul-k of a sing—gle stori residence and count
over heig-lit =L)ss (17' or gmater) tvvice as if R was a two story reddence. The examples below
represent a2.000 square foot single story residence and a 4,000's4 foe
t two story residlence
with a 3' hei ght &fference -and approximately die same bulk when �iawed ftT.'n' the extarioL
2,000 sq ft Single. story residence
with IT plate height and 6' attic
4,000 sA ft two story residlence
with 10' pWe heights and 6' affic
a,
Per Section 10-1.202 of the L.kH%MC,;Staff has been appl�ing the current code section as shown
in below, to the -underside of the roof structure.
2,000 sq ft single story residence
with 12' plate height and 6' attic
Recently, several designers/architects have commented that this requirement is resulting in
design issues suchas flat roofs and tow plate heights for custom homes and requests that the 17'
height be measured from the upper surface of the floor to the upper surf -ace of the floor above as
in the.1986 ordinance.
Staff is requesting the Planning Commission consider and discuss- whether an amendment the
C2 Z; -
ordinance is necessary.
Floor area is counted twice when the vertical distance between the upper surface of the
floor and the upper surface of the floor or the underside of the roof directly above it, is
greater than 17 feet(per Ordinance'295)
Staff Report to the Planning"Cohimission
Floor Area Definition
November -14,2013
Page3 of3
• Floor area is counted twice when ihe vertical distance between the upper surface of the
floor or the underside of the roof directly above it is greater than seventeen (17) feet
(Ordinance 418)
• Other suggestions
CEQA STATUS
The floor area definition cladfication is. ex- empt from California Eftvironment�l Quality Act
(CEQA) pursuant to Section -1 5 061 (b) (3).
ATTACEEMENTS
I. Los Altos Flills Minficipal Code Section 10-1.202
2. Ordinances 295 and'418
'110- 1..202 Designated. Page I of 5
Los Altos Hills Municipal Code
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Title 10 ZONING AND SITE DEVELOPMENT
Chanter I ZONING
Article 2. beflniti6ns
10-1.202 Designated.*
CodeAlert: This topic has been -affected by 544. to view amendments and newly 4dded -provisions, please
refer to the CodeAlert Ord[rarice List.
Accessory use or a.ecessory structure means ' a subordinate use or subordinate structure customarily incident to
and located on t6 -same lot or'parcel with the primary use.
Agriculture means and includes animal husbandry, livistockfarming, flowergrowing, crop. and tree farming,
and viticulture.
Alteration, as applied to a building or structure,. means a change or rearrangement in the structural parts or in the
existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or ihe moving
from one location or position to another.
Antenna means any device used to transmit and/or receive electromagnetic waves.
Area, Gross. "Gross area7 means the total area included within the boundaries of any parcel or lot of land,
which boundaries are specified in. the deed to the property.
Area, Net "Net area!' means the gross area of any parcel or lot of land, less panhandles and all public and
private easements for vehicular access within the parcel or lot, excluding easements primarily for emergency
access; Notwithstanding.the foregoing, for purposes of determining lot unit factor OM), net area shall only
exclude* the paved portions of panhandles and the paved portions of all public and private easements for
vehicular access.
Average slope -of a lot or parcel shall be defined-by,the-formula:'
where:
S .002301L
A
(i) S is the average slope in percent;
.(ii) - I is the contour interval in feet,
(iii) L is the combined length of contour lines in scale feet within the net area; and
(iv) A is the net area of the parcel or lot in acres.
The topographic base map to be used shall meet the requirements for tentative subdivision maps as set forth in
Section 9-I..603(g). Under certain special circumstances,as approved by the Town Planner, measurements along
contours may be made at contour intervals of ten (10) feet.
Any portion or portionsof a parcel or lot which have an average natural slope greater than fifty-five (55) percent
may, as an option to the applicant be assigned an average slope of fifty-five (55) percent for the purposes of
computing the average slope of the entire parcel or lot� provided however, that the excluded area shall not have
an average slope exceeding one hundred (100) percent.
Basement means a floor level, -or portions thereof, which has:
(a) All portions directly below a building; and
,16-1.202 Designated.
Page 2 of 5
(b) 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
(c) At least seventy-five (75) percent of its perimeter length wholly underground, and
Daylighted basements shall comply with all height and setback requirements of this title. Basements, including
cellars and bunkers,. which are not located,�rithin te 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 eighteen
(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-dievelopment area.
Bunker area exceeding one thousand fivelitindred (1,500) square feet shall be counted as floor ariea.
Daylight Basement Structure Height Setback. For basement floor levels, any. floor area portion and the first
twenty (20) feet of a daylighted basement shall be limited in structure -height per Section 10- 1.504.
Building means a structure with a minimum structure height of six (6). feet having a roof "supported by columns
or wan for the housing. or enclosure -of persons, animals, or chattels.
Building line means the line along which the vertical surface of a building intersects the ground.
Building permit means a permit issued by the Town for construction, erection, or alteration of a structure or
building.
.Club, recreational. "Recreational club" means a club or recreational. facility operated by a nonprofit
organization.
Certify or certification means that the specific m*s*pections and tests have been performed where required and
that such tests comply with the applicable requirements of this chapter.
Convent means a residence- facility for ' participants in a,religious order or organization; provided, however, no
money or other conisideration shall'be required to be paid by the residents to the proprietor.
Development area on any lot or parcel means that area which is described in Section 10-1.502(b) of this article.
Dish*antenna means any antenna, external to or attached to the exterior of any building or structure, which is
pprabolic or semi -circular in cross-secti6n.
Driveway means a private way or rout ' e for use by vehicular * traffic leading from a parking area, house, garage,
or other structure to a public or private right-of-way, and serving no more than two (2) parcels or lots.
Dwelling, primary. 'Trimary dwelling" means a building designated and/or customarily used as a resi�dence by
not more than one family and situated on a parcel or lot on which no other primary dwelling is located.
Dwe�ffing, secondary. "Secondary dwelling" means an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons. A secondary dwelling shall include
facilities for Living, sleeping eatin a - cookcin a ar sanitation, and be located on the same parcel und'- the -same
W
ownership as a primary dwelling.
Engineering Geologist means a geologist licensed and certified as an Engineering Geologist by the State of
California.
Family means one person living alone, or two (2) or more persons all related to each other by blood, marriage,
or legal adoption, together with necessary domestic. employees, or a group not exceeding four (4) persons living
as a single household unit.
Fence means a constructed barrier or screen composed of wood, metal, masonry, glass, plastic or any other
construction material (not including graded berms. or living hedges).
Firebreak means any area of land from which vegetation has been. removed or cut for the purposes of fire
protection.
Floor area means the gross horizontal area of the several floors of all buildings, including garage space and
Q* -
40-1.202 Designated. Page 4 of 5
(ii) S = average slope of the net area of the parcel or lot in percent.
Natural grade means the existing ground surfaces currently found on the site but shall not include illegal.or
unapproved -grading, cut or fill.
Panhandle means the portion of a lot which. connects the buildable section of the lot to a public or private
vehicular right-of-way.
Parcel means all contiguous land held in one ownership as indicated in the records of the County Recorder,
which is not shown as a lot or unit on a recorded parcel or subdivision map.
Pathway means designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan
of the Town.
Permittee means any perso n to whom a site. development permit has been issued.
Person means any.person, firm, or corporation, public or private, the State and its agencies or political
subdivisions, the United States'of America and its agencies and instrumentalities, and any agent, servant, officer,
or employee of any of them.
Photovoltaic power generation facility means a.facility that converts sunlight into electricity through the
iffilization of semiconductor cells.
Removal means the cutting to the ground of vegetation, including trees and plants, as well as complete
extraction or killing by spraying -
Road, public. "Public road7means a road which has been dedicated or deeded to the public for public use and
which road may or nigy not have been accepted for maintenance.
School, private. Distinct from a public school, "private school" means a kindergarten school, elementary school,
secondary school (middle and/or high school) that is not funded at public expense and is privately controlled and
administered.
School, public. "Public school" means a kindergarten school, elementary school, secondary school (middle
and/or high school), technical school, community college, state college, state university or charter school that is
funded at public expense and is controlled and administered by a public agency.
Setback line means a line established by the provisions of this chapter to govern the -placement -of structures with
respect to right-of-way lines o.r property lines.
Site mean� a single lot or parcel of land, or a contiguous combination thereot where site development work is
pbrformed.
Site development means the altering of terrain and/or vegetation by grading or construction of any kind.
Site development authority means the Planning Director or the Planning Commission.
Site development permit means the approved plans which bear the stamp of approval of the Planning Director
or Planning Commission..
Solar thermal-ene rgy facility means &facility that converts radiant energy from the sun into useful thermal
energy including heated water.
Stable means a building used for housing hoofed animals.
Structure means anything such as buildings, decks, swimming pools, tennis courts, and patios, requiring
construction or erection on the ground.
Structure, nonconforming. "Nonconforming structure" means a structure, or a portion thereof, which no longer
conforms to the site area, coverage, setback or other open space, height, or other regulations prescribing physical
development standards for the district in which such structure is located.
Tillin "means the cultivating or plowing of soil not to exceed twelve (12) inches in depth from the existing
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