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HomeMy WebLinkAbout01-24-1990 COUNCIL AGENDA STAFF REPORTS -brooksides • 92 0�190 ° t lct'i 11'. 1.1: . \ \.t• \14. CALIFORNIA SI:omt) March 4, 1985 Robert Sadler, Manager Brookside Club 19127 Cox Avenue Saratoga, CA 95070 RE: Use Permit # UP -574 Dear Mr. Sadler: At its meeting of February 27, 1985, the City of Saratoga Planning Commission gave consideration to your request for a Modification to a Use Permit to allow swimming, for adults only at 8 :00 a.m. to 9:00 a.m., Monday through Friday,and to allow four swim meets per year, on Saturdays, during the summer months at 9:00 a.m., at 19127 Cox Avenue (application i UP -574). After careful review of this request, the Planning Commission granted approval to allow swimming, for adults only, at 8100 a.m. to 9:00 a.m., Monday through Friday (Application UP -574 (A) and denied appraval.for the Modification of the Use Permit to allow four swim meets per year, on Saturdays, during the summer months at 9100 a.m. (Application MP-574 (B)) per the amended Staff Report dated February 1, 1985. A copy of said Staff Report is enclosed for your records, along with a copy of Resolution UP -574 (A) and UP -574 (B) -l. This decision is subject to a 10-day appeal period, during which time you may appeal, and a 15-day period during which time the City Council may appeal the decision. If you have any questions concerning this matter, please do not hesitate to contact our office. sincerely, A bert . Sh Director of Community Development RSS/kah Enclosures USE PERMIT RESOLUTION NO. UP-574M-11 CITY OF SARATOGA PLANNING COMMISSION STATL OF CALIFORNIA • , WHEREAS, the City of Saratoga Planning Commission has received the application of BROOKSIDE CLUB for a Modification to a Use Permit to allow swimming, for adults only, at 8:00 a.w.to 9:00; Monday through Friday and WHEREAS, the applicant (has) (tamcmoo� not the burden of proof required to support his said application; NON, THEREFORE, BE IT RESOLVED that after careful consideration Of maps, facts, exhibits and other evi ce submitted is this natter. the application for.the Use Permit Mod. be. and.the snore is hereby (granted) (denied) subjeci to the following conditions:.. Per the amended Staff Report dated February 1,.1985. BE IT FURTHER ;RESOLVED that (the Report of Fiadinds attacked hereto be approved and adopted) QNIw*JMftjXC, , ppNiddpplR "''xrerEeBbBti#�li�b�lr9. aad the Secretary be. and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the Ciay of Saratoga Plaaaiag Commissioa., State of California, this jjjA. day of February , 1l �. by the following roll call vote: AYES: Commissioners B. Harris, J. Ilarris, Peterson and Siegfried NOES: Commissioners Burger and McGoldrick ABSENT: None ABSTAIN: Commissioner Schaefer ATT ST an, n ng ss oa •: VI- USE PERMIT RESOLUTION NO. UP- S74(B) CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received the application of BROOKSIDE CLUB for a Modification to a Use Permit to allow four swim meets per year, on Saturdays, during. c summer months at a.*. and WHEREAS, the applicant tkasj (has not) set the burden of proof requires to support his said application; NON, THEREFORE, BE IT RESOLVED that after'careful consideration of maps, facts, exhibits and other evidence submitted is this natter, the application for the Use Permit Mod, be, and the saw is hereby (tnwA*Q (denied) subject to the following conditions: . Per the amended Staff Report dated February 1, 1985. BE IT FURTHER RESOLVED that (�ticixixdfXMbl/rc�X IMENWROWYAWMIX"AXICAPUM (the Planning Commission eoYld tot make all of the requisite findings). and the Secretary be. and is hereby directed to notl & the parties affected by this decision., PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, this 27th day of February by the following roll call voter AYES: Commissioners B. Harris,, J. Harris, Peterson and Siegfried NOES: Commissioners Burger and McGoldrick ABSENT: None ABSTAIN: Commissioner Schaefer ATTI; f T t) 1 :'1 * 1►1 . A ran, a ng o s oa REPORT TO THE PLANNING COMMISSION Application No. /Location: UP- 574.2; 19127 Cox Avenue Applicant /Owner: Brookside Swim & Tennis Club Staff Planner: Martin Jacobson Date: January 24, 1990 �j J APN: 386 -22 -02 Director Approval: (� File No. UP- 574.2, 19127 Cox Avenue EXECUTIVE SUMMRY PROJECT DESCRIPTION: During the past year, the Planning Commission has been responded to a request by the Brookside Swim and Tennis Club to increase their hours to begin swim meets on three dates one hour earlier than current use permits allow and to investigate possible violations of said use permits including the construction of a tennis wall and basketball standard without benefit of a use permit. The site is located in the R- 1- 10,000 zone district at 19127 Cox Avenue. PROJECT DISCUSSION: Following a series of public hearings and study sessions on the issues of earlier hours for the start of swim meets and of potential violations of existing use permits issued to the Brookside Club, the Planning Commission granted approval of the earlier start times for three swim meets. This action was conditioned on the preparation of a sound study to determine the impact of the Club on the surrounding residential neighborhood. Noise complaints were based on two factors: operational and extra- curricular. Brookside has made progress in eliminating noise problems involving extra - curricular activities but operational impacts requires further attention. Staff is confident that the conditions of this approval will also resolve operational noise impacts. STAFF RECOMMENDATION: Adopt Resolution UP- 574.2. ATTACHMENTS: 1. Staff Analysis 2. Resolution UP -574.2 3. Correspondence from Club 4. UP -207, UP -574 and UP -574.1 5. Sound Study mj /adisc File No. UP- 574.2, 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: As the Commission may recall, recent public hearings and study sessions have been conducted concerning the Brookside Swim and Tennis Club. The purpose of this series of meetings was to consider a request by the Club to alter their start times for swim meets (subsequently approved), and to respond to neighborhood complaints concerning potential violations of the existing use permit conditions in addition to the installation of a tennis wall and basketball standard (which staff refers to as a sports court), without the benefit of a use permit from the planning department. The major grounds for complaints concerning Brookside involves the noise generated at.the facility. Risking over - simplification, the issue manifests itself in two forms: operational (swim meets and common, day -to -day activities) and extra - curricular or social activities (after -hours sleep overs and membership gatherings). The Club currently operates under an umbrella of strict use permit conditions. Use permits fall under the continuing jurisdiction of the Planning Commission. The conditions of the permits range from prohibitions on the consumption of alcohol and amplified sound (except a starting horn and non - powered megaphone for swim instruction and meets) to limitations on memberships and the hours of operations with regard to outdoor recreation. Appropriate enforcement of the conditions of the existing use permits will result in the solution to the nuisances involved with the extracurricular or social functions and would conclude complaints involving noise from the club. Brookside has recently shown responsiveness and sensitivity to the problem by curtailing or eliminating these activities. Additionally, the Club has provided neighbors with a schedule of up- coming events, established an opportunity for the neighbors to directly address the Club's Board of Directors at their monthly meetings and taken steps to insure that all members are aware of the rules under which the Club is to operate. Members are notified of the regulations through annual mailings and the posting of rules at the Club House. But the noise generated during operational activities required further analysis. At the direction of the Planning Commission, the Club contracted for the preparation of a sound study by a consulting engineer to determine if noise levels exceed maximum City standards. The sound study has proven to be pivotal information in aiding staff to making recommendations for Commission action. The results of the study indicate that day -to -day peak noise levels are in compliance with City standards. Nevertheless, general noise levels during swim meets plus starting whistles and crowd noise, exceeded, by as much as 17dB, current noise ordinance standards. Analysis and Recommendation Though staff is sympathetic to neighbors seeking relief from the Club's impact on the area, we feel their request for the install- ation of a solid, masonry sound barrier wall is an inappropriate solution. The wall would not be in keeping with the residential atmosphere of the community and staff is concerned about disruption of the contiguous riparian environment. Though the noise levels are greater than ordinance standards, they do not present a volume that is beyond resolution with more tempered actions. To reduce and resolve the noise generated at the site, staff recommends the Club implement the following procedures: - upgrade the existing wood fence along the east boundary between. the Club and the affected homes to eliminate any openings or failures along the structure to form a solid, air tight barrier. The sound study indicates this action would assist in reducing noise perceived off -site - relocate the sports court to a position resulting in less of an impact on the neighbors or consider its complete elimina- tion. If the court is to remain or be relocated, a use permit to acknowledge its existence is necessary - submit a landscaping plan for Planning Director approval using evergreen shrubs to provide an increased buffer between the residential area to the east and the Club. Contact the Santa Clara Valley Water District to determine the extent to which landscaping can be install within their easement and incorporate into the plan. The following condition is included to resolve past problems: -on a monthly basis, member(s) of the club shall be respon- sible for removal of all debris and trash from the Water District easement crossing their property. Fence repairs shall be completed by March 17, 1990. Brookside's decision on the action it intends to pursue regarding the sports court shall be made by March 2, 1990, and the decision conveyed to the Planning Director. Landscaping plans shall be submitted to the Planning Director for review and approval by March 2, 1990. Installation of landscaping shall be installed 30 days following approval of plans. Staff has discussed our recommendations and reached general agreement with representatives of the Club. Though the club agrees to relocate the rebound wall section of the sport court, the members express a desire to retain the basketball standard in the general area of its current location. They have suggested mounting the backboard near the Club House - -180 degrees from it present site. Because basketball playing did not produce noise levels in excess of city standards and the backboard would be relocated further from the residential areas, thereby further reducing noise impacts, staff feels this compromise is reasonable and that the Club should be allowed to resume basketball use of the sport court. However, a use permit amendment for the court is still necessary in addition to an encroachment permit from the Water District, as a portion of the court is located in the easement. The backboard shall be relocated and an application for an amendment to the use permit filed by April 6, 1990. Under the authority of continuing jurisdiction of use permits, the Commission may wish to review the results of this approval at a future date. Staff has identified two options available: a review can be scheduled in.the fall of each year to solicit comments on the effect of the Club's summer activities; or the Commission may wish to open a public hearing in the spring which could be used not only as a platform to discuss summer activities but to remind the Club, particularly new members, of the conditions under which it operates. RECOMMENDATION: Approve Resolution UP- 574.2.