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HomeMy WebLinkAbout02-27-1990 COUNCIL AGENDA STAFF REPORTS-brookside13217 Padero Court Saratoga, CA 95070 February 27, 1990 Fanelli Consulting 1175 Saratoga Avenue Suite 7 San Jose, CA 95129 &CJ A 031 Dear Ms. Fanelli: I am writing to confirm today's telephone conversation regarding our wish for to settle our appeal of the Dymand building application without relying on a City Council decision to impose and easement, thus clouding Mr. Dymand's title, or not imposing an easement and permanently locking our rear property from vehicular access. Because the Dymand property (formerly the Flynn property) is the last undeveloped property adjoining ours, and because previous building decisions preclude bridging the creek dividing our property, we would like the opportunity to purchase a driveway from Comer Drive to our rear property line. We could also trade property to achieve the driveway, so that Mr. Dymand would still have adequate land for his building plans. our previous efforts to communicate our wishes have been misunderstood, causing all of us undue time and expense. I hope that we can negotiate a settlement that would be agreeable for both of us. Thank you. Sincerely, Luanne Nieman ( 408) 867- -0159 Copies to Douglass Adams and Saratoga City Council �3ti t File No. UP -574.1 19127 Cox Avenue EXECUTIVE SUMMARY CASE HISTORY• Notice published: 2 -8 -89 Mailing completed: 2 -9 -89 Posting completed: 2 -2 -89 PROJECT DESCRIPTION: Pursuant to City Code article 15- 55.100, planning staff has initiated this action to review existing use permits to operate a private tennis and swim club; and to consider the extension, by one hour in the morning, the hours of operation for the swimming pool. The site is located in the R -1- 10,000 zone district at 19127 Cox Avenue. PROJECT DISCUSSION: This hearing is principally a review of existing use permits granted to the Brookside Club of Saratoga. The Planning Commission may find that the Club is in violation of the conditions of the permits, and revoke the use permits or amend the permits with additional conditions to gain compliance. The Community Service Office has responded to complaints directed at the Club from neighbors. According to neighbors, a multi - purpose sports court was constructed last spring without City approval. No complaints have been filed recently with the City - likely due to reduced use of the facilities during winter months. STAFF RECOMMENDATION: Open the and continue the hearing to April Club to submit a plan within 30 compliance with its use permits. increase the hours of operation for ATTACHMENTS: public hearing, accept testimony 26, 1989. Direct the Brookside Days to bring the Club into Take no action on the request to the swimming pool. 1. Staff Analysis 2. Previous Use Permits 3. Article 15 -55 of the City Code 4. Minutes of P.C. Hearing, 2/27/85 5. Site Plan of Sport Court 6. Correspondence UP- 574.1, 19127 Cox Avenue STAFF ANALYSIS ZONING: R -1- 10,000 GENERAL PLAN DESIGNATION: M -10 PARCEL SIZE: 3.06 acres AVERAGE SITE SLOPE: 1% PROJECT DESCRIPTION: The Planning Commission has continuing jurisdiction over all use permits issued by the City. Due to complaints received by the Community Services Office, planning staff has responded by initiating this review of use permits to operate a private tennis and swim club; the Brookside Club of Saratoga. As a part of this review, the Club has requested the extension, by one hour in the morning on weekends and holidays, the hours of operation for the swimming pool. It should be pointed out that when the Brookside Club was notified of the permit review, their response came back in the form of the request to extend operating hours. To emphasize, the primary reason of this hearing is for the purposes of reviewing and responding to last summer's Community Service Office report of zoning violations at the Club. The matter of the extended hours should be treated as a secondary item since the Club has not submitted a formal application, with appropriate fees, requesting the new hours. Background The Brookside Club of Saratoga was first granted a use permit by the City Council on June 4, 1958. Through time, the permit has been amended'to allow construction of a club house, established hours of operation for outdoor activities and to allow additional tennis courts. The Club also sponsors a swim team that practices and competes during summer months. The Club is sited on 3 parcels totaling approximately 3.6 acres in the R -1- 10,000 zone district. Access is over an easement on an adjacent parcel from Cox Avenue and from Brookglen Drive. The eastern boundary is marked by Saratoga Creek. A neighborhood of single - family dwellings boarders the remainder of the property. The property improvements include 9 tennis courts, a swimming pool and the club house. Off - street parking is available for approximately 75 vehicles. From 1960, when hours of operation were first established, to 1972, there was no change in the hours restricting the use of the tennis S UP- 574.1, 19127 Cox Avenue courts and swimming pool. In 1972, the Commission separated tennis and swimming hours and reduced, by 30 minutes in the morning, swimming on Saturdays and holidays. This status continued until 1985, when the Brookside Club submitted an application to revise their use permit to expand the hours for swimming. They requested an additional hour on weekday mornings for adult swimming and for competitive swim meets to begin at 9:00 a.m. on four Saturdays during the summer months. The adult only swimming hour was approved by the Commission but the request to begin team competitions at 9:00 a.m. was denied. The following hours are presently in effect: Tennis Daily .......................8:00 a.m. to one hour after sunset Swimming Weekdays, adults only....... 8:00 a.m. to one hour after sunset Weekdays, all ages.......... 9:00 a.m. to one hour after sunset Saturdays & holidays ....... 10:00 a.m. to one hour after sunset Sundays ....................11:00 a.m. to one hour after sunset. Club Swim Team ..............7:00 a.m. to 9:00 a.m., weekdays from June 15 to September 15 Complaints about activities at the Brookside Club were received again last summer by the Community Service Office. Specific complaints involved reports of alcohol consumption, outdoor activities beyond the allowed hours of operation, electronic voice amplification, construction of a multi - purpose sport court without permits and an annual, overnight sleepover in the club house. A review of condition #10 of the first use permit (UP -14), shows a prohibition on the use of alcohol at the Club. Though the condition was never carried over to subsequent use permits, neither was it specifically eliminated. Therefore, the condition is considered still in effect. The use of an electronic megaphone and outdoor activities beyond one hour after sundown are both violations of the use permit. For these reasons, the Club is failing to comply with conditions. To date, the CSO's office has issued no citations for any zoning violations at this site. Revocation of any use permits at this time would seem premature. Because the hours of operation only place limits on ourdoor activity, the club house sleepovers, which are also a subject of recent complaints, would not represent a violation of the use permits. A search of City building and planning department records show that no permits have been issued for the multi - purpose sport court. Neighbors inform staff that the court was built last spring and is located on the eastern end of the club house. It is approximately UP- 574.1, 19127 Cox Avenue 50 feet by 35 feet, with a 6 foot high wall for tennis practice and a basketball backboard and hoop. Club members explained that portable tables are also moved to the area for table tennis. A wooden fence separates the court from Saratoga Creek and a residential area beyond. The installation of the court may not appear to be a serious violation of the zoning ordinance, but the increase in the intensity of.use of the facilities, particularly so near the residential area, is a significant nuisance. The Commission should note that installation of the sports court does require a use permit issued by the City.. During the winter months, no complaints have been filed against Brookside Club. This is due to decreased activities during inconsistent weather. Prior to the more intense use the club will receive as summer approaches, the Club is again reminded of the conditions of the use permits and the Planning Commission's continuing jurisdiction over the permits. Representatives of the Brookside Club have explained that swim team competition between the various regional clubs begin at 9:00 a.m. on Saturdays. Brookside Club representatives indicate that the other clubs have hinted that swim meets at Brookside-would be terminated if a 9:00 a.m. starting time cannot be guaranteed. Therefore, Brookside is again requesting extended hours for four Saturdays during the summer. This is the same request the Club made in 1985 and which was denied by the Planning Commission. The Commission found that the extended hours would conflict with the surrounding residential uses and that increased noise and traffic would be detrimental and injurious to the neighborhood. Since no changes have occured to alter the findings of the previous application to warrant an increase in the hours of swimming, staff, is unable to recommend to the Commission that any action be taken to allow the increase in hours. Analysis In order to give the zoning ordinance flexibility, the City has established the use permit procedure. However, a use permit is not a matter of right, and the Commission may grant a use permit only after the required findings are made. The Commission may also deny a use permit application or revoke an existing permit for non- compliance with conditions. A copy of article 15 -55 of the City Code is attached for reference. It is apparent that the Club is presently in violation of its use permits. In order to correct the violations and address the concerns of the neighborhood, staff encourages the Club to submit a plan for resolveing the issues raised. The plan should request an UP- 57.4.1, 19127 Cox Avenue amendment to existing permits to allow the sport court and measures that reduce the impact of the noises created at the court. The court should not be used on an interim basis. The plan Jshould also events by way of a prohibition on. consu amplification should be posting and reminding associated regulations. take action to notify neighbors of future monthly calender. A restatement on the nption of alcohol and electronic sould included. The Club should commit itself to its members of the hours of operation and Neighbors of the Club have contacted staff directly and made clear that their greatest annoyance is the noise generated at Brookside - made worse by construction of the sport court last spring. The nuisance reaches the point of making their outdoor living spaces unusable. Staff contact with Club representatives have included meetings at the site and at City Hall. The Club has been informed of the issues staff has identified and the purpose of this public hearing. RECOMMENDATION• Because of evidence that the Club is in violation of its use permits, staff recommends the Planning Commission take the following actions: 1. Open the public hearing and accept testimony 2. Continue the public hearing at April 26, 1989, and direct the Brookside Club to: a. immediately discontinue the use of the sport court b. submit a plan within 30 days to planning staff to bring the Club into compliance with its use permits by addressing: i) neighborhood compatibility ii) noise and traffic impacts and methods to reduce the impacts 3. Take no action on the request to increase the hours of operation until the violations are corrected and a completed application is made.