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Commission clarifies ADU basement interpretation; asks staff to update ADU and SB9 ordinances
Summary
The commission agreed April 22 on a working interpretation that basements should not be permitted inside the 30-foot setback for accessory dwelling units and asked staff to update ADU and SB9 rules; commissioners urged care for projects in the permit pipeline.
The Los Altos Hills Planning Commission on April 22 directed staff to proceed with clarifying ADU basement policy and to update ADU and SB9 ordinances, stating a working interpretation that basements should not be permitted within the town's 30‑foot setback.
Senior planner Jonathan Fox summarized the status quo: the ADU ordinance's floor‑area definition mentions basements but contains no detailed basement rules, whereas the SB9 ordinance (October 2023) includes specific basement language that treats a basement as "underground" if the main level is no less than 28 inches above grade and requires at least 75% of the basement to be below grade. Fox advised that the ADU ordinance needs explicit basement rules and that the ADU ad hoc committee will draft recommended changes.
Commission discussion focused on two consistent points: first, basements inside the 30‑foot setback should not be allowed under current interpretation because of grading, drainage, visual, and neighborhood‑character concerns; second, the ADU ordinance is out of date and should be revised promptly so applicants and staff have a clear, consistent standard. Several commissioners asked staff to provide a timeline and to delay enforcing any new standard against projects already far along in review; staff acknowledged some in‑pipeline applications may need revisions and recommended a reasonable transition period.
Members of the public — including ADU applicants and neighborhood residents — urged the commission to avoid creating unintended incentives that enlarge ADUs into near‑primary residences. Applicant Nick Clime described a year‑long review process and urged the commission to streamline rules to avoid further delays.
Commissioners asked staff and the ADU ad hoc committee to present revised language to the commission soon, to include clear guidance on daylighting and when basement area counts toward ADU floor area, and to coordinate SB9 and ADU rules where state law requires alignment.
The commission did not adopt a formal ordinance at the meeting but reached a working interpretation and directed staff to return with draft code amendments.
