HomeMy WebLinkAbout03-20-1989 COUNCIL AGENDA STAFF REPORTS-brooksideLAW OFFICES OF
ROBERT L. DUNNETT
SO UNIVL:HSITY AVENUE
SUITE 36
PO. BOX 1847
LOS GATOS. CALIFORNIA 95030
TELEPHONE (408) 354 -6168
FAX (408) 354 -7618
March 20, 1989
Mr. Stephen A. Emslie
Planning Director
Mr. Martin Jacobson
Assitant Planner
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Request for support of Interim, conditional
resolution to Brookside Use Permit Amendment
UP- 5474.1; 3/22/1989
7:30 P.M
Dear Messrs. Emslie and Jacobson:
This letter follows our meeting this morning. It is
intended to set forth the proposal we discussed with regard to
the amendment of Brookside's Use Permit.
During our meeting we reviewed, in part, your staff report
concerning Brookside's request. It was obvious from our
discussions that there were significant differences of opinion
between us. It was also obvious that resolution of these
differences would be time consuming and expensive for everyone
involved. In an effort to resolve this matter in the most
effective and efficient manner possible, we agreed to present a
request to the Planning Commission which request you would
support. Thus, in lieu of resolving the competing interests in
formal hearings, we -have agreed to meet with those residents who
have phoned you with objections to the proposed amendment and
attempt to work out with them a mutually agreeable solution. We
would greatly appreciate the use of you and your staff as
mediators in these meetings. We are prepared to commence these
meetings immediately.
Due to pressing time elements of three specific dates, we
have requested a one time, conditional approval to be given at
the meeting on March 21, 1989 to allow 3 swim meets to commence
this summer at 9 A.M. instead of 10 A.M. The meets dates are
June 17, 1989, June 24, 1989 and July 22, 1989. The approval
would be conditioned upon satisfactory resolution of the
conditions of use or progress toward such resolution, occurring
in the meetings mediated by your office.
.y
A report on the progress of the meetings will be made to the
Planning Commission at your discretion either on April 12, 1989
or April 26, 1989. The Planning Commission would retain the
right to rescind its approval of the starting time for these
three dates should your report and a hearing thereon indicate
this is the appropriate action to take. All presentation and
testimony on this matter will be reserved to all interested
parties, Brookside and others, until it can be determined whether
the competing interests can reach our agreement among themselves.
We believe this is a sensible, responsible way to proceed
and appreciate your support of it as a reasonable request.
Very truly yours,
Robert L. Dunnett
As the Planning Director and Assistant Planner in charge of
Brookside's request for an amendment of its Use Permit, we
believe the above request is reasonable and support its enactment
by the Planning Commission at their meeting on Wednesday, March
22, 1989.
Stephen A. Ems ie Martin Jacobson
Planning Director Assistant Planner
Ali
18911 Cyril Place
Saratoga, CA 95070
March 20, 1989 (DECEIVED
Saratoga Planning Commission
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Brookside Use Permit, March 22, 1989 Agenda Item
Dear Commissioners:
PLANNING DEPT.
I am a 30 year resident of Saratoga and am personally involved
with wholesome, well organized and supervised childrens' swim
team activities such as those offered at The Brookside Club.
Swim team is the only sport I know of where there are as many
parents. actively involved as there are children, where children
and parents are both integral parts of a team, and where each
parent contributes their personal time and leadership skills to
jointly teach our children. Our children gain an understanding
of team spirit, community involvement and commitment in a
healthy, competitive environment. Swim team offers our children
the opportunity to help develop sound moral judgment and physical
conditioning. It would be a major travesty if these services
provided by The Brookside Club are in any way disrupted.
Brookside is a member of The Junipero Serra Swim League and will
host three Saturday swim meets during the 1989 season. Please do
not let the temporary, short -term inconvenience of a few
individuals spoil what it has taken Brookside many years to
develop.
Sincerely,
/&4_
Rich Harley
Vice President & Swim Team Director
Saratoga Woods Community Assoc.
.s
March 22, 1989
City of Saratoga Planning Commission
13777 Fruitvale Avenue
Saratoga, Ca. 95070
Dear Planning Commission Members:
We are responding to two issues concerning The Brookside Club
of Saratoga.
The violation of their Use Permits with excessive noise,
both during and especially after their.approved hours of
operation.
2. Their request to modify the Use Permits.
We reside at 12635 Saratoga Creek Drive which is directly
across the creek from the unauthorized sport court.
According to your record, (July 14, 1988 correspondence),
Brookside Club has been in violation of their Use Permit on
numerous occasions. It blatantly disregardes the significant
noise nuisance it creates.
Brookside Club member, Stephen Randesi's March 16,1989 letter
to The Saratoga Planning Commission states, "Our decision to
live in Saratoga was based largely on the fact that it is not
only a beautiful, QUIET city... etc.". We, too, selected our
residence on Saratoga Creek Drive with that ideal. However, the
disturbance generated by Brookside's swimming activities and
unapproved sport court creates such noise. pollution, that it
makes our yard unusable. It is sad indeed when we must choose
between ventilating our home in the summer or keeping doors and
windows closed and enduring the heat to muffle the noise, so our
toddler can sleep undisturbed.
Attorney Robert L. Dunnett's recommends to the Planning
Commission that, "Club members may use alcoholic beverages on the
premises in a reasonable manner under the same rules and
regulations that apply to individual residences in the City of
Saratoga.' It is obvious that modification to the Use Permit for
alcohol consumption would be detrimental to the public safety,
since the Club is located in a single family residential
neighborhood with access off residential streets. It is
ludicrous to equate a 250 household membership facility with
that of individual residences. Brookside Club has evolved from a
tennis and swim club into a social athletic club. It is not a
residence. It is a business in a residential neighborhood. As in
the past, alcohol consumption would contribute to the already
unacceptable noise level from the Club.
We highly support the Staff Analysis and Recommendation as
stated in the following:
"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 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."
In addition, we would ask the Planning Commission to revoke
the use permits and /or heavily fine _The Brookside Club for future
violations. What does it take for the City to enforce compliance
of use permits in our neighborhood?
Respectfully submitted,
Robert and Susan Salutric
12635 Saratoga Creek Drive
Saratoga, Ca. 95070
i
i
Sept. 12, 1989
Mr. Stephen Emslie
Planning Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Home Video Tape "Sound Study" of Brookside Club:
June 1989 - September 1989
Dear Mr. Emslie:
Enclosed is a VHS video tape that I took during this summer
of 1989 from my backyard directly across Saratoga Creek from the
Brookside Club. The tape is 20 minutes long and was taken on:
1.
June
4,
1989 -
Brookside
Swimming Team Time Trials
2.
June
24,
1989 -
Brookside
Swim Meet
3.
July
22,
1989 -
Brookside
Swim Meet
4.
July
29,
1989 -
Calcutta
Outdoor Party
5.
Sept
3,
1989 -
Labor Day
Sunday
I wanted to document and provide to the Planning Commission my
observations and comments of the noise that is heard across
Saratoga.Creek from The Brookside Club:
1. June 4, 1989 - Very noisy, amplification device used.
First 2 minutes of this tape is same as my June 14, 1989
letter and video tape sent to you.
2. June 24, 1989 - Very noisy until 10:00 a. m. , after that
the level was reduced with very noisy spurts throughout
the day. Notice that before 10:00 a. m. the noise level
from Brookside even drowned out a low flying Jet and the
next door neighbor's lawn mower.
3. July 22, 1989 - Swim meet was tolerable, The high
volume noise was at the awards after the meet.
4. July 29, 1989 - The Major Calcutta Party was off
premises. This was an all day picnic that lasted until
- 9:00 p.m. and was noisier that Labor Day. .The volume of
people at Brookside and the variety of activities
generate constant outbursts of noise
5. Sept. 3, 1989 - another full day of not being able to
use my backyard due to the noise level.
I do have to say that the noise this summer at Brookside was
reduce somewhat than in the past years. However, as can be heard
by the video tape of the above 5 occasions, the noise level is
still unacceptable. A sound barrier would dramatically contain
the noise from Brookside that is amplified by the creek.
A sound barrier also would enable us to not have to restrict
our family and social activities because of Brookside "s calendar
of events.
Regards,
Robert Salutric
12635 Saratoga Creek Drive
Saratoga, California 95070
June 14, 1989
Mr. Stephen Emslie
Planning Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Brookside Club Use Permit Violations
Dear Mr. Emslie:
Enclosed is a VHS video tape that I took on Sunday, June 4.,
1989 from my backyard directly across Saratoga Creek from the
Brookside Club. The tape is about 2 minutes long and was taken at
3:30 p.m. and again at 5:00 p.m.
An amplification device was used to summon, I
ummon' swimmers to
start swim trials at close to 1 minute intervals all afternoon
from approximately 3:00 p.m. to 6:00 p.m.
Brookside did send their calendar to me, so I was aware of
the trial and did not plan on entertaining in my yard due to 'the
anticipated noise. As usual, with the noise and the constant use
of the amplification device, my family was forced to remain
inside the house with the windows closed.
Because June 4th was very windy, the beginning of this tape
does not truly display the noise level as the wind kept cutting
out the microphone.
I do appreciate that Brookside is now using the electronic
starting device . instead of a pistol. However, the amplification
device is not allowed in Brookside's use permit.
Regards,
Robert Salutric
12635 Saratoga Creek Drive
Saratoga, California 95070
COX P u-
City of Saratoga Planning Commission
13777 Fruitvale Avenue
Saratoga, Ca. 95070
Dear Planning Commission Members:
ZED._'.; VET
JAN 2 i S;0
PLANN!NG ^E=P''
The neighbors of Lthe Brookside Club have appeared before the
Planning Commission to address modifications and violations of
Brookside's Use Permit starting on December 28, 1959. The topics
included in the reports always referenced: excessive noise,
invasion of privacy, fencing and landscaping and use of alcoholic
beverages. Subsequent appearances were on:
2.
December
9, 1963
6.
August 23, 1972r
3..
April 10,
1972
7.
February 13, 1985
4.
June 26,
1972
8.
March 4, 1985
5.
July 25,
197
9.
March 22, 1989
It is apparent that nothing has been resolved during the 30
years of appearances before the Planning Commission, because the
Brookside Club has not rectified these violations and we have to
address them once more.
As requested by the Planning Commission, Brookside Club
representatives met with a group of seven neighborhood
representatives. These meetings were mediated by Mr. Stephen
Emslie and Mr. Martin Jacobson. We wish to express our
appreciation to them for the time and effort that they have
expended in trying to make the meetings productive. During the
first meeting on April 11, 1989 we were able to convey our
frustrations about the on going noise problem, lack of compliance
on operating hours and the use of alcoholic beverages which are
prohibited in the use permits. We submitted suggestions as to how
these problems could be solved and ways of implementing the
solutions.
At the second meeting on April 17th., Brookside Club presented
10 points which addressed our issues at the first meeting. We
reiterated that we were opposed to any use of the Sport Court. We
also discussed the construction of a sound wall to contain the
noise.
At the third meeting on April 25th., Brookside Club submitted
9 items in writing to our committee and they met with our
approval except again for use of the Sport Court, to which we had
originally objected. We objected to any use of the Sport Court
due to the high noise levels. The Sport Court is 50 ft. by 35 ft.
Our opposition to the Sport Court was made clear in our first
presentation before the Planning Commission on March 22, 1989,
i'
when every neighbor family along Saratoga Creek Drive, in
close proximity to' the Club boundary, signed their name in
opposition to the use of the Sport Court. We communicated that
Brookside had not gone through the proper channels with a Design
Review to get their permit from the City of Saratoga. We feel,
it is Brookside "s resonsibility to research this matter before
applying for a permit. In the Subdivision Planning Commission
Report of June 26, 1972 it states that the Use Permit
modification is subject to all conditions (1 -8) of the Staff
Report of 10 April 1972 in file UP -207 N0. 6 Design Review:
Design Review will be required for new structures and
construction and any further landscaping and for fence design and
location." The report also states that: "copies of both reports
be mailed to the Board of Directors of Brookside Club for their
information and guidance."
There is no excuse for ignorance of the rules since they most
certainly have them in the Brookside Club files. The manager of
Brookside Club, with his long term of employment, should be
keeping the Board of Directors informed of the Use Permits.
We feel certain, that with a Design Review, necessitating
notification of the neighbors and appearance before the Planning
Commission, the permit would not have been granted to the
Brookside Club since it further adds to the unacceptable noise
level.
Brookside Club also did not obtain a Permit from the Santa
Clara Valley Water District, nor did they have the required
Design Review. This is required when easement land is involved.
The Staff Report of March 22, 1989 recommended that Brookside
Club: "...immediately discontinue'the use of the Sport Court." At
the April 11, 1989 meeting, the neighborhood representatives had
to remind Brookside that the Sports Court was still in use. At
the April 17th. meeting, Brookside reported that the court had
been roped off and was not in use. At the April 25th. meeting,
two of the neighborhood representatives commented that they
heard and saw use of the Sports Court for tennis on April 22th.
about 8 p.m. The use of the Court ended about 8:20 p.m. when the
2 huge spot lights on the Club House that were on full force were
dimmed and then turned off. A few minutes later, cars were heard
leaving the parking lot and the use of the Club was ended. The
persons in charge certainly were aware of the use of the Sports
Court. We think these actions prove that the limited use hours of
10 a. m. to 4 p: m. of the Sport Court, as suggested by Brookside -
cannot be supervised and adhered to.
It is extremely exasperating that over these 30 years, we
neighbors have always pursued legal means, including many
appearances before the Planning Commission to attempt to persuade
Brookside Club to abide by their Ilse Permit. The animosity of
some club members has increased through the years to the extent
of threats warning a neighborhood committee member not to attend
this Planning Commission meeting (0,4 -j! /6 /qJ-],F
The violations of the Use Permit are the same, although more
severe, as when they were first presented before the Planning
Commission in December of 1959 and December of 1963. Nothing has
been resolved with the noise violations, the hours of operation
violations and the alcohol violations. Brookside Club may get a
verbal and written reprimand, but they are not required to build
a sound wall to eliminate the noise problem, nor are they closed
down for serious violations.
The July 26, 1972 Report from the Saratoga Planning Commission
states: " Unfortunately, it appears that applicant must be
reminded that the Planning Commission has continuing jurisdiction
over all Use Permits (Section 16 -6 -1) of the Ordinance NS -3 and
that any violations of the conditions under which the Use Permit
is granted results in an automatic suspension of the Use Permit
(Section 16.11 of Ordinance NS -3)."
It appears that the Brookside Club continues to defy the
Planning Commission's authority to automatically suspend
Brookside's Use Permit for repeated violations.,,_.. --
On March 22, 1989 a Brookside Club member addressed the
Planning Commission and asked you: Why concern yourselves with a
few neighbors when Brookside Club has 254 members. Hopefully,
this is not a prevailing attitute.
We neighbors of the Brookside Club ask the Planning Commission
to please respect our rights as homeowners in Saratoga and
consider the impactg on us in regards to excessive noise and on
our property values by ENFORCING your jurisdiction over Use
Permit violations.
Thank you for your time and consideration.
Respectfully submitted by the Neighbor Committee Members;
Dee Askew Lucille Reiter
Tim McNally Rick Ridder
Bon Poon Bob Salutric
Sue Windus
19127 Cox Avenue
Saratoga, CA
(408) 253 -0231
February 27, 1990
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Stephen A. Emslie
Planning Director
..`4 iZ1i
Brookside Club of Saratoga
1 c,611V
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4NN�NC` 1g�G
Re: Resolution No. UP -547 -2 We
Brookside Swim and Tennis Club
Dear Mr. Emslie:
This confirms our office conference of February 5, 1990
at the City offices. The purpose of the meeting was to address
the conditions 1 through 5 contained in the resolution adopted
by the Planning Commission on January 24, 1990.
Since much of the resolution involves the "discretion"
of the planning director, Brookside Board members directed Mr.
Randisi and the undersigned to file an appeal to preserve
Brookside Is rights. During the pendency of the appeal, we
intended to work closely with the planning director to resolve
the issues set forth in the resolution.
At our meeting of February 5, 1990, you explained that
the appeal time period is not a hard and fast. We indicated our
willingness to work with your department and you indicated that
your department would work with us. If we came to "loggerheads"
we would pursue our views with the City Council. For these
reasons we have decided not to file the appeal but to reserve
our rights.
In particular, the following items are addressed:
1. Wood fence will be repaired to form a solid, air
tight barrier. This does not require a new or
improved fence but maintenance. Scheduled
completion will be after debris removal (pt. 6 of
Resolution) . We estimate completion before June 30,
1990. Current debris removal is almost complete and
fence repair is in progress. We will update your
department when completed).
2. Landscaping Plan will be submitted first to Santa
Clara County Water District (S.C.C.W.D.) per their
request. The plan will be designed to comply with
their ordinance and pt. 2 of the January 24, 1990
resolution. After S.C.C.W.D. approval, we will
submit the same to your department.
3. Tennis rebound wall will not be torn down. Instead,
the wall will be used as planter, etc., and not as
a rebound wall.
4. The basketball standard distance will be compared
to the City park's basketball standard (just 1/2
block away from the Club) Saratoga Woods Court and
others. We will respond as soon as we have our
measurement.
5. Pt. 5 is self - explaining and Brookside will comply.
6. We cannot meet the March 2, 1990 date for debris
removal given the following:
a. Winter rainy season;
b. Enormous debris removal; and
C. Prior compliance with S.C.C.W.D.
Brookside has tentative date of May 13, 1990 for
compliance. As soon as debris is removed, the fence
repair can take place and the landscaping plan (if
approved) implemented. (Brookside is almost complete
on debris removal).
We understand that the Planning Department has authority
"ex parte" to extend the period of time for compliance of good
faith efforts to meet the conditions is put forth. This letter
updates our current effort to comply with the resolution.
If you have any questions, please call.
Very tr ours
el E. Hanley, M mber
Board of Directors
CC: Board of Directors
DEH /mlp
brookside.ltl
.4.n A_RE ;FFC3ED TO THE CHANGE CF THE .3WIhi CLUB
HCURS AT BRCCKSIDE .
,VE ARE OPPOSED TO THE USE OF THE SFO, T3 COURT
vHICH ' "A3 PUT IN WITHOUT A PERT%rIT
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MR. AND MRS. ROBERT L. DUNNETT
20477 Forrest Hills Road
Saratoga, California 95070
March 7, 1989
Saratoga Planning Commission
Re: Support for Brookside Request to amend Use Permit
Dear Commissioners:
We are residents of Saratoga. Two of our daughters
graduated from Saratoga High School. Our third daughter attends
Saratoga Elementary School and will attend Redwood Junior High
School next year. We are active in many community and school
affairs and have a deep and sincere interest in our city. We are
members of Brookside Club of Saratoga and are familiar with the
family acitivities which are provided by Brookside. The annual
swim team competition is one of the beneficial ways in which
Brookside contributes to our city. We strongly believe it is in
the best interest of the community to grant the requested
amendment of the Use Permit as presently requested by
Brookside. Brookside provides activities for our children and
teenagers which are important to the community.
Best regards,
Pamela J. D Mnet
Robert L. Dunnett
GeA(Ventures
March 16, 1989
To: Saratoga Planning Commission
Re: The Brookside Club Of Saratoga Use Permit
Dear Planning Commission Members,
I am a Saratoga resident with three children attending Saratoga schools - two at
Argonaut School and one at Redwood Junior High School. I also have my business
located in Saratoga. Our decision to live in Saratoga was based largely on the fact that
it is not only a beautiful, quiet city but that it has an outstanding school system and
excellent activities available to our children. These activities include organized
sports such as offered through leagues like AYSO and clubs such as Brookside.
I feel very strongly that the city needs to continue to offer these types of activities
and facilties in order to retain its excellence. By providing a safe, organized, and well-
managed facility for our children we are hopefully preventing many of the problems
that can result when children are idle and forced to roam the streets in search of
activity.
I urge you to vote for the proposed Brookside Use Permit changes and show your
support for the type of Saratoga that we all want.
Sincerely,
Step en J. > 354 -6168
FAX (408) 354 -7618
April 25,.1989
Mr. Stephen Emslie
Planning Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Brookside /Neighbors Discussions
Dear Mr. Emslie:
During the discussions held last Thursday, 4/18/89, Mrs.
Askew and some of the other neighors noted that they belong to
the Saratoga Woods Community Association. Saratoga -Woods is
located at 12341 Saratoga Creek Drive. It is situated on the
opposite side of the creek about 3/4 of a mile from Brookside.
. Saratoga Woods is a member of the same swim league as
Brookside, competes against Brookside in swimming and holds its
home swim meets at Brookside. The Vice - President and Swim Team
Director, Rich Harley, wrote a letter in support of the Brookside
request heard by the Planning Commission on 3/22/89. A copy of
the letter is enclosed for your convenience.
Our discussions have focussed upon the construction of a
rebound wall, a cement slab and a basketball hoop. During the
past week, I took some pictures of the Saratoga Woods facility
and have enclosed.them with this letter for your review. As you
can see, the Clubhouse is located immediately adjacent to
neighboring houses, there is swimming pool activity, there is a
basketball hoop next to an adjoining residence, there is a
lighted concrete slab with permanent volleyball poles and there
isT a tetherball facility which is also located next to an
adjoining residence.
In view of the strenuous objections raised as to Brookside's
basketball hoop and concrete slab, it appears that a double
standard applies for our complaining neighbors. Perhaps as
mediator you could raise this issue with Mrs. Askew and the
others.
Very truly yours,
Robert L. Dunnett
18911 Cyril Place
Saratoga, CA 95070
March 20, 1989
Saratoga Planning Commission
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Brookside Use Permit, March 22, 1989 Agenda Item
Dear Commissioners:
I am a 30 year resident of Saratoga and am personally involved
with wholesome, well organized and supervised childrens' swim
team activities such as those offered at The Brookside Club.
Swim team is the only sport I know of where there are as many
parents actively involved as there are children, where children
and parents are both integral parts of a team, and where each
parent contributes their personal time and leadership skills to
jointly teach our children. Our children gain an understanding
of team spirit, community involvement and commitment in a
healthy, competitive environment. Swim team offers our children
the opportunity to help develop sound moral judgment and physical
conditioning. It would be a major travesty if these services
provided by The Brookside Club are in any way disrupted.
Brookside is a member of The Junipero Serra Swim League and will
host three Saturday swim meets during the 1989 season. Please do
not let the temporary, short -term inconvenience of a few
individuals spoil what it has taken Brookside many years to
develop.
Sincerely,
/C n ,C,t_
Rich Harley
Vice President & Swim Team Director
Saratoga Woods Community Assoc.