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Planners fast‑track ADU basement rules: commission directs a July code amendment and says basement area counts toward ADU size

Los Altos Hills Planning Commission · June 8, 2026
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Summary

After debate about ADU basements creating de‑facto extra living area, the Planning Commission directed staff to fast‑track a standalone ADU/basement code amendment and instructed that, in the interim, basement area outside standard setbacks should be treated consistent with current practice but count toward ADU floor area.

The Planning Commission on June 8 directed staff to fast‑track a focused code amendment clarifying how basements associated with accessory dwelling units (ADUs) are handled in town zoning. Commissioners considered three staff options: maintain prior staff practice (allow basements outside normal setbacks and count basement floor area toward ADU floor‑area limits when internally connected), include basements as part of a larger comprehensive ADU code rewrite, or do a fast‑track targeted ADU/basement amendment.

After public input and debate, the commission voted in favor of the fast‑track approach and instructed staff to return with an amendment by July. Commissioners also asked staff to interpret the existing code in the near term as follows: basements may be permitted outside standard setbacks, but basement floor area will count toward the ADU’s floor‑area calculation regardless of whether ingress is internal or external. That interim interpretation will remain in place while staff prepares the formal amendment.

Proponents of stricter limits warned that exempting basement area would create large, expensive ADUs and undermine the policy goal of producing affordable accessory units. Several commissioners emphasized the administrative difficulty of reviewing complex basement designs under ministerial ADU review and recommended requiring clear ingress/egress, light wells or other safety features when basements are proposed.

Staff said option C (a focused amendment) would be the fastest way to provide clear regulatory language; the commission set a near‑term target for a return to the commission and asked staff and the ADU ad hoc committee to prioritize the work.

Next steps: staff will prepare a draft code amendment clarifying basement rules, return it to the Planning Commission for review and aim for council review and adoption as soon as practicable.