HomeMy WebLinkAbout03-13-2002 Planning Commission Minutes
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, March 13, 2002
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Barry called the meeting to order at 7:04 p.m.
ROLL CALL
Present: Commissioners Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi
Absent: None
Staff: Director Tom Sullivan, Associate Planner John Livingstone and Planner Lata
Vasudevan
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of February 27, 2002.
Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Roupe, the
regular Planning Commission minutes of February 27, 2002, were approved with a
minor corrections to pages 2, 7, 10 and 13.
AYES: Barry, Hunter, Garakani, Kurasch and Roupe
NOES: None
ABSENT: None
ABSTAIN: Jackman and Zutshi
REPORT OF POSTING AGENDA
Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on March 7, 2002.
REPORT OF APPEAL RIGHTS
Director Tom Sullivan announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision, pursuant to Municipal Code 15.90.050(b).
ORAL COMMUNICATIONS
There were no Oral Communications.
Saratoga Planning Commission Minutes of March 13, 2002 Page 2
WRITTEN COMMUNICATIONS
Single-Story Overlay Zone
Director Tom Sullivan informed that he has distributed a memo outlining the results of the Brookview
and Saratoga Woods Neighborhoods’ postcard survey regarding a potential Single-Story Overlay Zone.
He advised that this matter will be scheduled on the April 10, 2002, Planning Commission agenda in
order for the Planning Commission to determine whether there is sufficient support to move forward.
Commissioner Roupe asked if a particular percentage vote is required or a simple majority.
Director Tom Sullivan advised that the City actually has the right to go forward even without a poll.
However, a municipality usually tries to determine the wishes of the community. The Commission
will make the determination as to whether this process should go forward into Public Hearings.
Operations of Boards and Commissions
Director Tom Sullivan advised that the second item distributed is an Ordinance, which outlines the
operations of Commissions and Boards, including the handling of absences. Advised that two absences
by a Commissioner will result in a reminder by the Director and the third unexcused absence can result
in dismissal. Commissioners should get an excused absence by calling the Commission Chair. The
Chair must notify the Mayor of any absences.
Chair Barry stated that it is a discretionary decision as to what represents an excused absence.
Hillside Development
Chair Barry pointed out the letter in the packet from Gail and Doug Cheeseman, which references eight
applications for Hillside Development. Asked staff for a report at the next meeting as to what County
projects are pending on the Hillside and/or near Quickert Drive.
Commissioner Roupe asked staff to define the sphere of influence and what brings some County
projects before the Planning Commission while others are not.
Director Tom Sullivan said that Associate Planner John Livingstone will handle that request.
CONSENT CALENDAR
There were no Consent Calendar items.
PUBLIC HEARING - ITEM NO. 1
Application #02-025 (517-09-020) DEERFIELD REALTY CORPORATION, 20514 Saratoga-Las
Gatos Road: Request for a Conditional Use Permit to establish a 3,682 square foot orthodontics office
in a portion of an existing office building that has a 4,282 square foot main level and a 1,015 square
foot basement. The applicant proposes to add 320 square feet to the main level of the building. The
office building is located in the CH-1 zoning district. (VASUDEVAN)
Saratoga Planning Commission Minutes of March 13, 2002 Page 3
Commissioner Jackman advised that she resides nearby and will recuse herself from this item. She left
the dais to sit in the audience.
Planner Lata Vasudevan presented the staff report as follows:
• Advised that the applicant is seeking a Conditional Use Permit to establish an orthodontics practice
in a portion of an existing office building. This building is currently for sale. The building has
4,282 square feet on the main level and a 1,015 square foot basement and was constructed in 1969.
It was once a bank and most recently an office. The applicant proposes to add an additional 320
square feet to the street level, add windows and modify the planters. Design Review is not required
• Stated that the applicant will use 3,682 gross square feet for the dental practice. The remaining
space will be leased to another tenant.
• Recommended approval with conditions as staff can make the necessary findings to support this
proposal.
• Identified issues raised at the site visit, which has resulted in three additional proposed Conditions
of Approval. The first is to require submittal of a landscape plan for the replacement of trees in
poor health. The landscaping must be installed prior to occupancy. The second added condition is
to improve the appearance of the existing concrete wall. The third additional condition is to take
some sort of action regarding the existing wrought iron gate located at the rear of the property.
Commissioner Kurasch asked staff to clarify its intent regarding the wrought iron gate.
Planner Lata Vasudevan said that she is asking the Commission to provide direction on what it would
like to do with that gate.
Commissioner Roupe said that the requirement for 18 parking spaces seems inadequate and unrealistic
in light of the fact that this practice operates with 15 staff members. Asked staff to explain how it has
reached the conclusion that this parking is adequate.
Planner Lata Vasudevan replied that parking is calculated based upon a formula.
Commissioner Roupe pointed out that this leaves only three spaces free for patient parking. Questioned
whether this is adequate.
Planner Lata Vasudevan said that she has only considered Ordinance requirements.
Commissioner Roupe said that this site may have a congested parking problem.
Chair Barry opened the Public Hearing for Agenda Item No. 1 at 7:30 p.m.
Mr. David Gould, Realtor, Colliers, Walnut Creek:
• Thanked staff.
• Advised that his client, Dr. Anthony Elleikiotis, has practiced in his current Saratoga location for
the last six years and has resided in Saratoga for 15 years. He also has another office in San Jose.
• Said that he has read the staff report and finds it accurate.
• Said that the number of employees is a total. They are not on site at the same time. Usually, there
will be about six or seven staff at any given time.
• Stated that this dental practice concentrates on braces for children.
Saratoga Planning Commission Minutes of March 13, 2002 Page 4
• Added that this will be an owner-occupied property that will have a higher level of maintenance and
repair.
• Said that he would be available for any questions and that they look forward to moving forward.
Commissioner Zutshi asked how many patients will be in the office at one time.
Mr. David Gould replied about six.
Commissioner Zutshi said that in her experience taking her children to the orthodontist, she has seen no
fewer than eight patients in that office.
Commissioner Kurasch asked if that patient count was per doctor.
Dr. Anthony Elleikiotis, Applicant:
• Said that he has been consulting since 1986 and operates as a high quality not high quantity office.
• Assured that they do not run a “mill.”
Commissioner Zutshi pointed out that many patients have very quick five-minute appointments for
adjustments.
Dr. Anthony Elleikiotis said that his current office has five chairs and that he spends an average of 30 to
40 minutes per patient.
Commissioner Hunter asked if the patients would be lined up before these new proposed windows and
therefore visible from those driving past the building. Reminded that this is an Historic District.
Dr. Anthony Elleikiotis assured that this would be an nice and attractive office building.
Mr. David Gould:
• Assured that this is a well-designed project.
• Said that this building was constructed as a bank and faced the back of this lot. The front side is
currently not friendly as it has a solid façade. They are proposing large windows facing the street
and therefore opening the building up. They will use a mix of clear and frosted glass to provide
daylighting and making it more attractive both from inside and outside the building. Patients will
be able to see out but privacy will be provided for the patients being treated.
Commissioner Kurasch:
• Asked for clarification on the staff size as it appears that there are 15, 11 full time and 4 part time.
• Questioned how many are would be on site at any time.
• Said that the parking concern is real and wondered if this parking can accommodate the proposed
number of chairs, which appears to include seven exam chairs and two consultation rooms.
Mr. David Gould clarified that there are 31 parking stalls, including handicapped. They are proposing
seven exam chairs, four in front and three on the side. There will also be two consulting rooms with
chairs.
Commissioner Kurasch pointed out that intent of having this many chairs is that they be occupied.
Saratoga Planning Commission Minutes of March 13, 2002 Page 5
Mr. David Gould said that there is rotating and staging involved.
Commissioner Kurasch asked how the staff would rotate.
Dr. Anthony Elleikiotis:
• Said that he had six working at his current Saratoga office yesterday.
• Said that he has a predominately female staff, most of whom work part time. Four staff members
work one and a half days a week.
• Said that staff on site at any given time will range from six to nine.
• Said that he also plans to keep his San Jose office. He can’t sell it since he is moving but a few
miles away.
Chair Barry asked if seven chairs are needed at one time.
Dr. Anthony Elleikiotis replied no. He added that his current office consists of 1,000 square feet with
fewer parking spaces and there is never a problem.
Chair Barry asked how many patients would be within the premises at one time, given this site will
have seven chairs and two consulting rooms. Also asked how many are new patients versus existing
patients simply coming into the office for quick adjustments to their braces.
Dr. Anthony Elleikiotis said that at any given time, four or five patients are being treated, one is in
consultation and one is watching a one-hour video.
Ms. Erna Jackman, 14515 Oak Street, Saratoga:
• Said that she has lived around the corner from this site for 19 years and is pleased with the prospect
of this project.
• Stated that this building has been a forlorn looking one and that she is looking forward to fresh
landscaping.
• Pointed out that the building is on a bus line and that this would provide another means for patients
to come to the office.
• Said that she has never seen the parking lot used much.
• Suggested the removal of the gate to allow pedestrian access.
Dr. Anthony Elleikiotis:
• Thanked Ms. Jackman for her support and said he would be open to any suggestions about what to
do with this gate.
• Assured that he wants this to be an attractive site and is open to input on how best to achieve that
goal.
Chair Barry advised that Design Review would be considered by staff. Said that the Commission
would be seek some improvement to the concrete wall, a landscape/tree replacement plan and some
treatment of the gate.
Saratoga Planning Commission Minutes of March 13, 2002 Page 6
Commissioner Hunter said that she too would like to see the gate removed. Added that she lives
nearby.
Mr. Eric Doyle, Building Owner:
• Said that the building has 31 spaces, representing 5.51 spaces per 1,000 square feet. The doctor has
nine employees and two doctors for a total of eleven. They propose 8 patients per doctor for a total
of 19 people at a time. Multiplying the square footage of 3,682 times 5.51 parking spaces results is
a requirement of 21. This site has a slight overflow. Said that it is typical to over park rather than
under park a site. This proposal will work.
Dr. Anthony Elleikiotis said that most parents drop off their kids and come back to pick them up.
Commissioner Kurasch said she is still not clear on the total number of people in the building at a time.
Mr. Eric Doyle pointed out that the Ordinance provides the formula.
Commissioner Kurasch replied that this provides but a baseline.
Chair Barry closed the Public Hearing for Agenda Item No. 1 at 8:00 p.m.
Chair Barry suggested that the Commission require the next tenant come back before the Planning
Commission for a Conditional Use Permit.
Planner Lata Vasudevan advised that since that space will not have street frontage, it would not be
required to obtain a Conditional Use Permit.
Director Tom Sullivan said that it is possible to Condition that requirement as part of this approval.
Commissioner Garakani pointed out that at one time, this site had been considered as an alternative site
for the Post Office.
Commissioner Roupe said that now that he better understands the function of this dental practice, he
has fewer concerns about the number of employees but that he also would support the Condition to
require Planning Commission review and Conditional Use Permit approval for the second tenant on this
site.
Director Tom Sullivan said that the Commission can also condition a six and/or twelve month review of
this use, or upon complaint, and bring it back before the Commission if it becomes necessary.
Commissioner Kurasch:
• Agreed to the proposal to remove the gate with the nexus being the pedestrian link and benefit to
adjacent businesses.
• Supported the requirement for a landscape plan and replacement plan for trees in poor condition.
• Suggested that the concrete wall should be faced with some sort of stone veneer.
• Supported the requirement for a Conditional Use Permit for the second tenant in this building.
• Said that there are parking concerns as this use is an intensification of previous uses.
Saratoga Planning Commission Minutes of March 13, 2002 Page 7
Commissioner Roupe pointed out that there will be an opportunity to revisit this use if problems cause
staff to bring it back before the Commission.
Director Tom Sullivan reminded that the fact that this building will be owner occupied would be a
benefit. It is in Dr. Anthony Elleikiotis’ best interests that this works.
Commissioner Roupe suggested that it would be helpful to have elevations in the future.
Director Tom Sullivan pointed out that it is a stretch in this case to require them since there are no
design issues under consideration by the Planning Commission but that staff will note that preference
for future applications.
Chair Barry suggested a Condition that directs staff to further review the windows.
Director Tom Sullivan assured that staff would be doing this review when the tenant improvement
plans are reviewed.
Planner Lata Vasudevan said that she would add this Condition to the Resolution to require staff to
review the proposed placement of new windows carefully.
Commissioner Zutshi said that it is good that this building will be used and agreed that parking can be
reviewed in the future if problems should occur.
Commissioner Kurasch proposed an automatic review and questioned whether operational hours should
be restricted in some way.
Commissioner Hunter said that she believes that parking for this site is adequate.
Chair Barry said that the hours of operation are already limited by the nature of the practice, since the
patients are children. Said that she does not have any concern about operational hours.
Commissioner Kurasch asked about the requirement to enhance the concrete wall.
Commissioner Hunter said that this requirement might be expensive.
Director Tom Sullivan said that the wall could be surfaced for a reasonable amount of money, using
stucco or plaster. Suggested that the material tie in with the materials used for the building itself.
Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Roupe, the
Planning Commission approved Application #2-025 to allow the establishment of
an 3,682 square foot orthodontics office at 20514 Saratoga-Los Gatos Road, with
the following additional Conditions of Approval:
• Require a Conditional Use Permit for the second tenant in this building:
• Prepare a landscape/tree replacement plan and install prior to occupancy;
• Install a decorative treatment on the concrete wall to coordinate with materials
used on the building;
Saratoga Planning Commission Minutes of March 13, 2002 Page 8
• Removal of the wrought iron gate at the rear of the property to facilitate
pedestrian access; and
• Review of this Conditional Use Permit in six months, 12 months and upon any
complaint.
AYES: Barry, Garakani, Hunter, Kurasch, Roupe and Zutshi
NOES: None
ABSENT: None
ABSTAIN: Jackman
Commissioner Jackman returned to the dais at 8:17 p.m.
***
PUBLIC HEARING – ITEM NO. 2
Application #02-007 (Citywide) Resolution Amending the Zoning Requirements related to Rear
Yard Setbacks for Two Story Dwellings: The Planning Commission has requested that it consider
amending the language of the Zoning Ordinance that regulates rear yard setbacks for two story
dwellings. Currently the minimum yard requirements differ for lots that have been developed prior to
May 15, 1992, vs. vacant lot and lots created after May 15, 1992. The ordinance also has different
setbacks for single-story and multi-story dwellings. (SULLIVAN)
Director Tom Sullivan presented the staff report as follows:
• Advised that he had contacted Architect Warren Heid who in turn contacted the AIA to invite any
interested architects to participate in this evening’s hearing.
• Said that the same report was distributed from the February 13, 2002, Planning Commission Public
Hearing.
• Said that the goal is to have the practice/interpretation and written word to be the same.
• Reminded that this is a continued Public Hearing item from February 13th.
Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:22 p.m.
Mr. Warren Heid, Architect, 14630 Big Basin Way, Saratoga:
• Expressed regret that his fellow architects did not make this meeting.
• Pointed out that the header of the minutes of the past hearing incorrectly read January 23, 2002,
instead of the actual meeting date of February 13, 2002.
• Said that staff has developed an excellent way to explain rear setbacks but he has some concern.
Commissioner Garakani asked why not include front and side yard setbacks.
Commissioner Roupe said that this could be done at a later date. At this time, the Commission directed
staff to deal only with rear setbacks.
Director Tom Sullivan said that at the meeting of February 13, 2002, the Commission gave no direction
to readvertise this item with a expanded scope.
Mr. Warren Heid:
Saratoga Planning Commission Minutes of March 13, 2002 Page 9
• Suggested that the text of the proposed Ordinance that deals with adding one foot for every foot
above 18 feet should be clarified by adding “for the portion above 18 feet.” This simple addition
will clarify the intent.
• Said that page 2 of the staff report reads “10 feet from the façade.” He wondered if it more
accurately should read “10 feet from the property line.”
Director Tom Sullivan said that it was staff’s intent to say façade.
Mr. Warren Heid said that he questions what he was agreeing to in the last minutes on page 22.
Commissioner Roupe said that staff will put this matter on a future agenda and incorporate the added
text “above 18 feet.”
Chair Barry closed the Public Hearing for Agenda Item No. 2 at 8:34 p.m.
Commissioner Kurasch asked where the 10 foot standard came from.
Director Tom Sullivan said that it was probably borrowed from another Ordinance. The impact on
single story and multi story structures is where the difference exists between the written word and
common practice or interpretation.
Commissioner Kurasch said that recent practices require different setbacks between first and second
floors.
Director Tom Sullivan said that the Commission gave that instruction.
Commissioner Kurasch asked if there is any architectural reason for 10 feet instead of 12.5, etc.
Director Tom Sullivan replied no. He said that someone had to make a decision and someone did.
Commissioner Roupe said that staff seems to have the right interpretation. Said that the question is
whether the Commission wants to go with the practices over the last 15 years or go with this new
proposal.
Chair Barry said that it would be nice to hear from other practicing architects.
Commissioner Zutshi sought clarification that the second story is set back 10 feet further than the first
story element.
Commissioner Garakani said that this is a great proposal and gives flexibility to developers/designers.
Commissioner Kurasch said that she differs in opinion.
Commissioner Jackman said that this Ordinance would not create a one size fits all architectural
standard and that they have to start someplace. This is just the minimum and is a good start. The
expanded setback compensates to give use of land while keeping privacy for adjacent properties.
Saratoga Planning Commission Minutes of March 13, 2002 Page 10
Chair Barry said that she sees a difference between small lots (10,000, 12,500 or 15, 000 square feet)
and larger lots. Sought assurance that this Ordinance is not allowing greater encroachment into the
setback.
Commissioner Garakani said that there is no encroaching into the setback at all.
Director Tom Sullivan said that the Municipal Code provides a difference between corner and interior
lots and between single story and multi story structures. When the Ordinance was written, corner lots
did not require to stagger setbacks.
Commissioner Kurasch said that she does not see a conflict with one setback standard for single-story
and another for multi-story structures.
Commissioner Garakani asked if there are any disadvantages.
Commissioner Kurasch said that many are concerned about maxed out properties and air and quality
issues. It is important to have large spaces between buildings and nice landscaping. It is a reason why
people move and live here in Saratoga.
Chair Barry said that on smaller lots, if the first story is allowed to go back further, it could lead to
privacy issues or noise impacts on adjacent neighbors.
Commissioner Garakani pointed out that single-story rear setbacks remain at 25 feet.
Commissioner Kurasch added that multi-story structures have a larger setback at 35 feet.
Chair Barry said that issues include air, space and light.
Director Tom Sullivan pointed out that smaller parcels allow 60 percent coverage and greater FAR than
larger parcels.
Chair Barry said that the Commissioners will not all see this the same way. Added that she did not feel
comfortable allowing this on smaller lots (R-1-10,000, R-1-12,500).
Commissioner Garakani suggested that this might promote two-story structures on smaller lots.
Director Tom Sullivan agreed that it is easier to accommodate on larger lots.
Commissioner Kurasch said that Saratoga is typically a single-story town.
Director Tom Sullivan agreed that many Codes do encourage single stories.
Commissioner Garakani said that he would like input from other architects.
Director Tom Sullivan reminded that AIA (American Institute of Architects) was contacted and
Architect Warren Heid personally contacted 10 to 12 local architects.
Saratoga Planning Commission Minutes of March 13, 2002 Page 11
Chair Barry agreed that the attempt was made to solicit input.
Commissioner Hunter expressed concern that the Ordinance may become restrictive.
Mr. Marty Oakley, Builder/Designer:
• Said that he has worked in Saratoga over the past 28 years.
• Expressed that there is not much problem with the existing Ordinance and that it is clear as written
• Said that the additional 10 feet is fine with larger lots.
Chair Barry said that the question of whether or not to change the Ordinance is what is being
considered this evening.
Mr. Marty Oakley:
• Said that, in his opinion, the Ordinance does not need to be changed.
• Said that these changes become an issue when dealing with 10,000, 12,500 and 15,000 square foot
lots. The side and front setbacks are crucial.
• Asked the Commission to reconsider expanding the rear setback requirement.
• Said that everyone has been able to work with the existing Ordinance interpretation and it has not
been a problem in the past.
Chair Barry said that the practical interpretation of the Code has been different from the written word.
It is her impression that builders have actually not lived with a true interpretation of the Code as it was
written.
Mr. Marty Oakley said that he has appeared before many Planning Commissioners and the rear yard
setback is typically not raised by the Planning Commission as a concern.
Commissioner Jackman said that the issue arises when additions are made on existing tract homes.
Said that the Commission is trying to ensure neighborhood compatibility.
Mr. Marty Oakley said that today there is more redevelopment than new homes in Saratoga. Old homes
are torn down and rebuilt to today’s standards. The Ordinance as it exists is fine.
Chair Barry closed the Public Hearing for Agenda Item No. 2 at 9:17 p.m.
Director Tom Sullivan said that the Commission has several options. To move forward with the
proposed drafts, to amend those drafts or to put them aside and keep operating as it is today.
Chair Barry said that it might be helpful to determine whether the Commissioners are ready to take a
stand this evening.
Director Tom Sullivan said that it would be appropriate to take a straw vote.
Chair Barry asked for a show of hands. Commissioners Kurasch, Hunter and Barry voted to leave the
Ordinance as it is. Commissioners Roupe, Jackman and Garakani supported changing the Ordinance.
Commissioner Zutshi abstained.
Saratoga Planning Commission Minutes of March 13, 2002 Page 12
Director Tom Sullivan said that historically, there have been two different minimum setbacks for first
and multi-story structures, requiring the whole structure to be moved if a multi-story. The proposal
would change that so that there would be a different setback for the first story and another for the
second floor.
Commissioner Jackman said that with the proposed Code amendment, the first story would be closer to
the back property line than the top story.
Commissioner Kurasch said that the whole structure would be further away from the rear setback.
Motion: Upon motion of Chair Barry, seconded by Commissioner Jackman, the
Commission approved the Negative Declaration for amendment to the Zoning
Ordinance requirements related to Rear Yard Setbacks.
AYES: Barry, Garakani, Hunter, Jackman, Roupe and Zutshi
NOES: Kurasch
ABSENT: None
ABSTAIN: None
Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the
Planning Commission adopted a Resolution to amend the Zoning Ordinance
requirements related to Rear Yard Setbacks as proposed.
AYES: Garakani, Jackman, Roupe and Zutshi
NOES: Barry, Hunter and Kurasch
ABSENT: None
ABSTAIN: None
***
DIRECTOR ITEMS
There were no Director Items.
COMMISSION ITEMS
Basements: Consider adopting new Zoning Ordinance requirements regarding the construction of
basements. (VASUDEVAN)
Planner Lata Vasudevan presented the staff update as follows:
• Advised that she has distributed a revised version of the proposed Zoning requirements for
basements, which clarifies definitions.
• Said that they have provided definitions of a light well.
• Suggested incorporating wording to read “36-inch high guardrail with self-closing gate or grate.”
Commissioner Roupe asked for assurances that light wells must meet applicable setbacks and not
encroach into required setbacks.
Director Tom Sullivan said that this is already the practice.
Saratoga Planning Commission Minutes of March 13, 2002 Page 13
Commissioner Garakani read the description of the light well as including four sides and open from the
top. Asked how exiting occurs.
Planner Lata Vasudevan replied by use of stairs or ladder.
Chair Barry said that the intent is to permit light wells but provide a maximum size for light wells.
Commissioner Roupe suggested that instead of saying guardrail, the requirement can be for a 36-inch
high enclosure since it could also be a wall.
Chair Barry pointed out that this will still come before the Commission for Design Review.
Commissioner Garakani asked why the recommendation is for a maximum four-foot width.
Planner Lata Vasudevan replied that the Uniform Building Code requires a 36-inch clearance. That is a
very narrow and tight space. However, the intent is to limit the width to prevent a daylight basement.
Director Sullivan clarified that there is nothing wrong with a daylight basement but the space would
have to be counted as livable space.
Commissioner Jackman said that they want to treat a basement as a basement with these proposed
standards.
Commissioner Garakani asked what represents a daylight basement according to Code.
Director Sullivan said that now only the top two feet can be above the natural or cut grade. The UBC
requires light wells. Basements become floor area if they are a daylight basement with greater than two
feet above grade.
Commissioner Kurasch said that the setback must be retained even with larger light wells.
Commissioner Roupe reiterated that if the basement meets Ordinance requirements for a basement, it is
not counted as living space.
Commissioner Jackman said that the only change in the current draft from the last draft is the definition
of a basement.
Commissioner Roupe suggested changing item 2 from “such space” to “the entire basement area.”
Commissioner Kurasch pointed out that a line of text was removed from item 7 and wondered if this
was intentional or accidental.
Commissioner Jackman said that this line should be returned to the draft.
Director Tom Sullivan said that staff would be splitting the review between a geotechnical consultant
and staff.
Saratoga Planning Commission Minutes of March 13, 2002 Page 14
Commissioner Kurasch asked for the reasoning behind supporting a 12-foot high ceiling in a basement.
Pointed out that between 32 and 33 cubic feet of soil must be removed for every foot of basement
height.
Commissioner Garakani suggested that the height may be needed to accommodate pipes.
Commissioner Roupe:
• Said that the 12-foot height is not finished ceiling.
• Recommended reducing the height from the proposed 12 to 10 feet.
• Proposed amending item 1 – “… of the main structure, including the attached garage.”
• Proposed amending item 4 – “…not attached to the main structure any accessory or detached
structure.”
Commissioner Hunter expressed support for the 12-foot maximum ceiling height.
Commissioner Roupe said he could go with either 10 or 12 feet.
Director Tom Sullivan said that he would like direction from the Commission to do the appropriate
Ordinance amendment and environmental determination advertising.
Commissioner Kurasch mentioned a previous proposal to consider the possibility of a “not to exceed”
area of basement. Asked why this idea was dropped.
Commissioner Jackman said because it is hard to regulate.
Planner Lata Vasudevan said that they had looked at other cities and none regulated the size of the
basement.
Commissioner Roupe said that it is good policy to encourage basements over building up.
Commissioner Garakani pointed out that the cost is high for constructing basements.
Commissioner Roupe agreed saying it is twice as much. He added that he likes the proposed
requirement for a road repair bond for road maintenance.
Commissioner Jackman asked how such a bond amount could be determined.
Director Tom Sullivan said that in his previous City, Moraga, if more than 50 cubic yards of import or
export of cut or fill is required, the applicant pays a fee to the City for use for road maintenance.
Commissioner Roupe proposed limiting the allowable hours for trucks to excavate a site.
Director Tom Sullivan said that Code already limits hours. That is outside of this Ordinance.
Commissioner Roupe said a requirement for a disposition plan for cut should be required.
Saratoga Planning Commission Minutes of March 13, 2002 Page 15
Chair Barry suggested imposing a time frame for completion of a basement installation.
Director Tom Sullivan advised that the UBC addresses this issue. The basement is considered a part of
the foundation walls. Real progress must be achieved within six months and requires a building
inspection.
Commissioner Jackman suggested a final review with Planner Lata Vasudevan.
Chair Barry said it appears that staff is ready for Public Hearing on this proposal.
Chair Barry opened the Public Hearing for this Commission Item at 10:10 p.m.
Mr. Marty Oakley, Builder/Designer:
• Thanked staff for creating an Ordinance on the subject of basements as this is really needed.
• Said it is important for the Commission to truly understand what a basement represents.
• Said that square footage is the most important thing and that the City of Saratoga is quite strict on
the subject of allowable building space.
• Advised that these days, a basement is intended to function just like the main floor, as true living
space. The ceiling height is important. At least one regular flight of stairs exiting the basement is
recommended.
• Said that a three-foot wide light well is not enough space to climb out and get above grade in an
emergency.
• Suggested that the maximum depth should be increased to five feet for a light well.
• Added that today, a nine-foot ceiling is the standard and suggested imposing a maximum finish
height in the 10 to 11 foot range.
Commissioner Kurasch suggested a maximum depth of excavation limit.
Director Tom Sullivan said that the maximum needs to be set by Zoning while the minimum is set by
the UBC. Added that the maximum excavation depends on the geology.
Mr. Marty Oakley offered to prepare diagrams to depict basement height maximum standards.
Director Tom Sullivan said that he would like to incorporate Mr. Oakley’s drawings within the
Ordinance.
Mr. Marty Oakley said that a basement plays a positive part in a home and is not just storage. Invited
the Commissioners to visit a few projects he has constructed that incorporated basements to
demonstrate what a basement is all about.
Commissioner Jackman advised that a light well is needed by for basement level bedroom.
Mr. Marty Oakley said that this is part of the design that certain rooms within a basement require
windows.
Chair Barry pointed out that this issue will have the benefit of a Public Hearing and that all issues will
not be solved this evening. Suggested leaving the rest for the Public Hearing.
Saratoga Planning Commission Minutes of March 13, 2002 Page 16
Commissioner Hunter proposed adding the visit to the basements to the next Commissioners’ site visit
schedule.
Director Tom Sullivan asked Mr. Oakley to provide the appropriate addresses so that they could be
added to the next site visit agenda.
Mr. Marty Oakley said that he would be glad to give a tour.
Director Tom Sullivan said that the direction from the Commission seems to be a concurrence to move
forward to Public Hearing.
Chair Barry suggested that due to the lateness of the hour, the other items on tonight’s agenda under
Commission Items be continued to the April 10th meeting.
Commissioner Jackman said that her experience sitting in the audience this evening made her aware
that the Commission seems very far away from the audience. Suggested that the Commissioners will
need to work at being more welcoming to those in the audience.
Chair Barry advised that the League of Women Voters will hold a meeting at West Valley College on
March 28th at 7 p.m. to discuss how the college can better meet the needs of the community. Suggested
that a staff and Commission representative attend. The meeting will be held in the Regular Board
Room in the Chancellor’s Office at the Administration Building.
Commissioner Roupe asked if this would include audience participation.
Chair Barry said the first 30 minutes would be a presentation.
Commissioner Hunter:
• Assured that the League of Women Voters always seeks active participation in its sponsored
events.
• Advised that the Heritage Commission is designing a kiosk for installation in front of the Library,
which will incorporate the names of people who adopt trees.
• Announced that she plans to attend the Planners Institute and offered a ride to any other
Commissioners who might plan to attend.
Commissioner Zutshi announced a pending site visit for the Library and promised to email the details.
Commissioner Garakani encouraged the Commissioners to read the memo prepared by Associate
Planner John Livingston regarding Energy Efficiency prior to the next meeting as there is a lot of
information contained therein.
Commissioner Roupe asked if comments are desired prior to the next meeting.
Commissioner Garakani replied that they are not necessary but are welcome.
Saratoga Planning Commission Minutes of March 13, 2002 Page 17
Director Tom Sullivan said that since Associate Planner John Livingstone will be on vacation on April
10th it would be best to continue this matter of the Energy Element to April 24th.
Chair Barry asked if any Commissioners were planning to attend the Silicon Valley Manufacturing
Group’s meeting on March 20th.
Commissioner Zutshi said she would attend if another Commissioner would go with her.
Chair Barry offered to attend with Commissioner Zutshi.
Energy Efficiency – Review Conservation Element of the General Plan and consider adopting an
Energy Element to form the basis for energy conservation ordinances. (LIVINGSTONE)
Due to the lateness of the hour, this item was continued.
Ordinance Review – Review of the initial topical areas that Subcommittee will address. (SULLIVAN)
Due to the lateness of the hour, this item was continued.
COMMUNICATIONS
Written – Minutes from Regular City Council meetings of January 16, 2002, and February 20, 2002.
ADJOURNMENT TO NEXT MEETING
Chair Barry adjourned the meeting at 10:42 p.m. to the next regular meeting set for Wednesday, March
27, 2002, to begin at 7 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk