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
*4R � d
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. >![sndesi
Chairman
12930 Saratoga Ave., Suite D -5
Saratoga, California 95070
408 446 -2277
SARATOGA HIGH SCHOOL "40 " « "'"a"' Saratoga, ca 95070 -4999 PHONE 408/667 -3411
Los Gatos Joint Union High School District • Dr. Tod Lildns, Principal
March 9, 1989
Planning Commission
Saratoga City Offices
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Members of the Commission:
This letter comes to you on behalf of the Brookside Club of Saratoga which has
been a strong supporter of our community athletic activities for adults and kids.
Aside from the extensive involvement of our adult community at the facility, they
have allowed the Central Coast Section to host section championship for high
school tennis players from the entire Central Coast for many years. This year
when the tennis courts at Saratoga High were being rebuilt, the Brookside Club
came to our rescue and allowed our tennis team to use their facility at no charge
for the entire season. This was a significant contribution and greatly
appreciated by our many parent supporters and by an entire team of high
school players. Their commitment to the community was, and is, inspirational.
The club is now interested in organizing some Saturday swim competitions, and
I wholeheartedly support their request. Their efforts on behalf of our kids is
highly commendable and just one more reason that Saratoga is such a fine
place to live and work.
Sincerely,
YR. Likins
Principal
TRL:swo
f
13777 FRUITVALE AVENUE . SARATOGA. CALIFORNIA 95070
(408) 867.3438
COUNCIL MEMBERS:
July 14,
1988
Karen Anderson
Martha Clevenger
David Moyles
Donald Peterson
Francis Stufzman
Board of
Directors
Brookside
Swim Club
19127 Cox
Avenue
Saratoga,
CA 95070
Dear Sirs:
In the past several weeks my department has received several
complaints concerning activities which occurred at the Brookside
Club and may violate the specifications outlined in your current
Use Permit on file with the City of Saratoga. The following
list gives specific times and dates of activities which have
occurred at the Club and which appear to violate the existing
terms of the Use Permit.
1. Saturday, June 18, 1988 - 8:00 p.m. to 12:00 p.m.:
A party was held on the premises._ Sporting activities and
drinking of alcoholic beverages are alleged to have occurred.
The Use Permit specifically states the possession and
consumption of alcoholic beverages shall be prohibited. Also,
all activities are to end one hour after sunset.
2. Sunday, June 19, 1988 - 7:00 a.m.:
Sporting activity began at 7:00 a.m. The Use Permit states
,activity may begin no sooner than 8:00 a.m.
3. Saturday, June 25, 1988:
Outdoor activity occurring at 11:00 p.m. and an annual
"overnight event" was held. Again, the Use Permit states
all activity must end one hour after sunset. This would
prohibit overnight activities.
4. Sunday June 26, 1988:
Outdoor activity started at 7:00 a.m.
5. Saturday, July 9, 1988:
Swimming activity occurring at 8:00 a.m. A swim meet was
also held and a voice amplification devise was used. No
permit has been issued for such equipment.
Brookside Swim Club
July 14, 1988
Page 2
In response to these complaints, I have begun and investigation
into these allegations. I would like the Board of Directors to
respond to these allegations, in writing, and return your
comments to me at your earliest convenience. I have enclosed a
copy of the current Use.Permit on file for your reference. A
copy of this letter and of my final investigation will be
forwarded to our Planning Department. At that time, and at
the discretion of the Planning Department, a review of your Use
Permit may occur.
I would like to thank you in advance for your cooperation in
this matter. Should you have any further questions, please do
not hesitate to contact me.
Respectfully,
L. John Martire,
Community Service Officer
Enclosure
cc: Planning DepartmentFi
File
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19127
May 14, 1990
Mr. Steve Emslie
Director, Planning Staff
City of Saratoga
Saratoga, CA 95070
Dear Mr. Emslie:
The Brookside Club of Saratoga wishes to express our thanks
to you for your support in the recent open Planning Commission
hearing regarding our few social events at Brookside. The
result was a study meeting requiring us to submit past and
proposed planned uses for our Clubhouse. The hours and use
of our Clubhouse have never been a problem in the past 30
years, nor do we anticipate any changes in its usage.
We have been meeting with you, the Planning Commission, and
neighbors for well over a year and feel we have demonstrated
goodwill and responsibility. All information and history have
been presented many times during this period, and therefore
another presentation would be a repeat of information and a
waste of time.
Adding more legalistic conditions to our use permit would, in
our opinion, only exacerbate the situation, and we trust the
Commission can decide this issue without another presentation
on May 15, 1990 by Brookside Club. We intend to abide by the
laws of Saratoga regarding parties and respectfully suggest
that the legislation of morals is not the jurisdiction of the
Planning Commission.
Again, we thank you for your positive comments.
Sincerely,
Sharon K. Torrens
President
Brookside Club of Saratoga
MAY 90
S M T W T F S
APRIL 30 -SWIM PRACTICE BEGINS
1
2
3
4
5
3:45
C - p.m.
Junipero Serra Swim
league - 7:30 p.m.
Men's Poker
7 -10 P.M.
Ladies 4.5 Volvo
A @ Counside
B -4:30 p.m.
A- 5:30 PA.
C Social @ Home
6
7
8
9
10
11
121
Swim Team Committee
Board Meeting - 7:30
Junior Tennis Committe
i Ladies 4.5 Volvo
Stroke 'n Turn Clinic I
7:30 PA-
B2 AVAC @ Home
4 P.M.
61 @Sunnyvale TC
Swim Team Pictures
Men's 3.5 Volvo
Ladies 4.0 Volvo
C Peninsula GBCC
3.45 p.m.
Courts 1 - 5
6 pm.
@ Home
13
14
15
16
17
18
19
B1 San Jose SJR
Duplicate Bridge
Stroke 'n Turn Clinic
@ Home
7 -10 p.m.
Progressive Dinner
6:30 p.m.
MOTHER'S DAY
ARMED FORCES DAY
20
21
22
23
24
25 26
mior Tennis Sign -Up
Men's 3.5 Volvo
Party & Beginner's
B2 @ Glen Oaks
Stroke 'n Turn Clinic
ind Round Robin
Courts 1 - 5
Bridge 7 -10 p.m.
-6th grades 1 - 3 p.m.
C @ Alpine Hill
-
h grade lk up 3 -5 p.m
VICTORIA DAY
27
28
29
30
31
$ h �a
Ladies 4.0 Volvo
Ladies 4.5 Volvo
a t
_
6 p.m.
61 Cupertino Hills
15 it
22 z:
MEMORIAL DAY (OBSERVED)
MEMORIAL DAY
@ Home
29 3(
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SWIM TEAM KICKOFF SOCIAL, JUNE 3 IMMEDIATELY FOLLOWING S &,r D 66' ,11 G , e &,,7— T-
7
aw
March 7, 1989
Tuiu le�y Cuuwru u u.t
As a resident of Saratoga, I am acquainted with the important and valuable function
that the Brookside Club serves in our community. Of special importance are the well-
organized children's activities such as swim and tennis teams that provide a safe and
wholesome environment for the children of Saratoga.
The Brookside Club is a family- oriented club that provides a much needed service to
the people of Saratoga. I recognize the need for the club to operate at hours and in a
manner which allows it to continue to provide the best possible service to the
residents of Saratoga and to continue its valuable contributions to the City of
Saratoga.
I am aware of the proposed Use Permit modifications and fully support the requested
changes. Please vote in favor of the request.
a IN:.. .,. _, .: .,. A . ..:
Sincerely,
11*41 7xc
This letter signed by 180 people
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LAW OFFICES OF
ROBERT L. DUNNETT
50 UNIVERSITY AVFNUE
SUI I E 36
PO. BOX 1847
LOS GATOS. CALIFORNIA 95030
TELEPHONE (408) 354 -6168
FAX (408) 354 -7618
March 22, 1989
Mr. Stephen A. Emslie
Planning Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Response to Staff Report
UP- 5474.1; 3/22/1989; 7:30 P.M.
Dear Mr. Emslie:
This letter is written following the two meetings we had on
Monday in which you and Mr. Jacobson met with myself, the Vice -
President of Brookside, Steve Randesi and our club manager, Bob
Sadler. After our discussions and because of our views regarding
the Staff Report submitted to the Planning Commission, you
invited us to submit an explanation on behalf of the Club. We
appreciate the opportunity and submit this letter to you for the
further benefit of the Planning Commission as they consider this
matter.
As you are aware, Brookside did not feel the Staff Report
accurately reflected the Club's character in the Community or the
circumstances which led to Brookside's request. It was our
opinion that the Staff Report left an impression that our club
ignores community responsibilities, deliberately bypasses city
permit requirements and generally disturbs the local
neighborhood. This,is not an accurate portrayal of our club. We
are a community and family oriented club which abides by City
requirements and has a relatively low level of activity which
does not interfere unreasonably with the neighborhood. By way of
example, our club membership includes Marty Clevenger, presently
a Saratoga City Councilwoman, Louise Schaefer, a former Saratoga
Planning Commission member, Gail Wasserman, Principal of Redwood
Junior High School, Nancy Crampton and Bob Dunnett,•,members of
the Governing Board of the Los Gatos- Saratoga High School
District, Michael Harmount, Tennis Coach at Saratoga High School
plus many- other individuals. too numerous to name who are deeply
involved in community and school programs and are officers and
contributing participants in local School Parent Teacher Student
Associations, (PTSA), Community Against Substance Abuse (CASA),
Major and Minor league baseball and softball, AYSO and CYSA
1
soccer leagues and many other community, city and educational
activities. A list of our club membership is included for your
review. The club members recognize and welcome the opportunity
to particpate in community affairs.
It is with this background that we turn to various aspects
of the Staff Report which we feel require some clarification.
Using the various headings of the Report, we will address our
concerns:
Project Discussion /Project Discussions
These two headings are addressed as a single item. The
substance of these two paragraphs creates the impression that the
Planning Department somehow intiated a review of Brookside's
permits because of complaints received by the Community Service
Office and that the complaints mainly addressed a "Sports Court"
that was constructed last spring "without City Approval ".
This characterization is not accurate for the following
reasons:
1) A building permit was obtained from the City on June 5,
1987 (Permit Number 26055). A copy of the permit and related
documents is included with this letter. I was responsible for
the construction being undertaken by the Club and personally
discussed it with the Saratoga Planning Department and Building
Department. I described to the proper city authorities that the
club desired to pour a slab of concrete, put up a basketball hoop
and erect a tennis rebound wall. I was advised that no permit
was necessary for the basketball hoop or concrete and that a
permit was required for the rebound wall. The Planning
Department first approved the project for use on the site before
the Building Department issued the Permit. The Plans contain the
following notation:
L
APPROVED- •�'
., 7AMlrplan hoc bract ",r�vl�rva�d•'.
p ar n ;whh. chi Saiat. a.CMy, Cody YR •
IJthough this plan'; appwn: le mi�1 11N
tnirtknum ngvirsmentsi:el City• -Codi fjhy
oppreval dory. not certify the correctnts"
a.plstsn— at qudllfy of the .d*.!pn; ar
any•wbtsgv.nt condrbctlon bawd on'tk%
plan. Any permit Issued pursuant Mots
shell not be a recommendation or "ones.
ment, but it p lrnl ks only.
by
For building Okictal
City of Saratoga
2
Reso4ut n..No.
0
Ano, 7C6 `%Y
VW r .'
�IiY 0( Jcd xw�
Otnaa d p.....—
3
A permit was issued and the project completed by a licensed
contractor. The city inspected the project as necessary during
various stages of construction. The city did not identify the
project a sports court, the club did not consider it a sports
court, it is not a sports court and the first time this term was
used is in the 3/1/89 Staff Report.
2) One part of the Staff, Report reads:
"It should be pointed out that when Brookside was
notified of the permit review, their response came back in the
form of the request to extend operating hours ".
This statement is not accurate. It was Brookside that
initiated the discussions with the Planning Director. We were
advised by the Planning Department not to submit a formal request
for amendment of our use permit. On February 6, 1989, again on
advice of the Planning Department, we submitted a suggested use
permit. A copy of my letter and the suggested amended use permit
is. enclosed with the Staff Report. It was only when the Staff
Report was received by Brookside on 3/18/89 that any mention was
made of some initiation of this process by the Planning
Department. Brookside was not notified, orally or in writing, of
a "Permit Review ".
3) The Staff Report admits that no complaints have been
received recently by the City. However, the Report goes on to
speculate, without foundation, that the lack of complaints is
because of reduced use of the facilities during Winter months.
The Club maintains that there are no complaints because it is
complying with its present use permit. At the time the Staff
Report was prepared, no written opposition to Brookside's request
for an amended use permit had been received by the City.
Additionally, athletic activity has been brisk during a Winter of-
mild weather. One of the club's "deadest" months is actually
August, not the Winter.
4) Mention is made of a Community Service office report
dated July 14, 1989 and a copy of the report is attached to the
Staff Report. No mention is made of the immediate response made
by our club to the report. Upon receipt of the 7/14/89 report,
the Club's Board of Directors instructed the Club Manager, Bob
Sadler and I to contact the CSO who wrote the letter. Bob Sadler
and I met with Mr. L. John Martire to discuss and resolve all of
the complaints contained in his letter. Afer the meeting was
completed (over 1 hour), we were advised that the matter had been
resolved to Mr. Martinez'satisfaction.
3
The Background section of the report is basically accurate
with one or two major exceptions and the innuendos of non-
compliance.
For example, twice more in this section of the report, the
Commission is advised that the city records show no permits for
the construction done by Brookside in 1987. We hope our earlier
discussion of this item coupled with the attached copy of the
Building Permit adequately dispells these statements.
The Analysis section of the Report
foundation, that the Club. is in violation
There is no basis for such a statement and
The complaints of last summer were resolved a
that no new complaints have been received.
been assumed.
Community Support
concludes, without
of its use permit.
none can be given.
nd.the Report admits
The violations have
We were disturbed to find that over 180 letters in support
of Brookside's position were reduced to one letter with a small
typed reference to the others. While it may be a logistical
difficulty to reproduce the letters, they are all from separate,
individual residents of Saratoga who deserve to have their input
placed before the Commission. We have included all of these
supporting statements with this letter.
We hope this letter illustrates our position as a club
operating in this community. The Club is composed of civic
minded, responsible members who comply with Community rules,
regulations and laws. We are heavily involved with the Youth of
the City and believe our swim program to be a vital part of our
childrens lives. It is of great importance to us that the 3 swim
dates this summer are established.
We have sought to cooperate with our neighbors and the City
at all times. The Staff Report came as a complete surprise. We
have been working with the Staff for several months and could not
understand the sudden non- communication with us before we
received the Staff Report. If we had the opportunity, we could
have clarified many of the errorneous items in the Staff Report
before it was written. Upon receipt of the Staff Report, we
immediately met with Mr. Emslie and Mr. Jacobson in an effort to
resolve these matters to everyone's, (Brookside, the neigbors and
the City's) satisfaction.
As expressed in Mr. Emslie's 3/22/89 memorandum to the
Commission, we believe a procedure has now been established which
will result in conditions of use being established which will be
agreeable to all parties involved. We appreciate and accept the
4
commitment by staff to assist in mediation of this matter. The
Staff's recognition and support for the approval of three 9 A.M.
starting times this summer in order to facilitate the resolution
process and to assure a competitive swimming schedule for our
children is also much appreciated. We believe the recent
discussions have been positive in placing this matter in a
posture to be resolved by agreement. Many of our club members'
business, community and educational activities require reaching
equitable and mutually acceptable resolutions to often complex
and diverse issues. We can, given the opportunity, reach such an
accord with our neighbors with the assistance of the City
Planning Staff.
We look forward to working with the Staff to achieve a long
term, mutually acceptable,, workable resolution so our club can
continue its contributions to this community.
Very truly yours,
l
Robert L. unnett
5
LAW OFFICES OF
ROBERT L. DUNNETT
50 UNIVERSITY AVENUE
SUITE 36
PO. BOX 1847
LOS GATOS. CALIFORNIA 95030
TELEPHONE (408) 354 -6168
FAX (408) 354 -7618
March 23, 1989
Mr. Stephen A. Emslie
Planning Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Brookside
Dear Mr. Emslie:
.,.
RECEIVED
MAR 0 't 1985
PLANNING DEPT.
It is my understanding based upon last evening's action by
the Planning Commission that your office will be in charge of
mediation between Brookside and its neighbors. We are prepared
to begin immediately. Please let us know the manner in which you
wish to proceed.
Very truly yours,
`
Robert Dunnett
RLD:am
City of Saratoga Planning Commission
13777 Fruitvale Avenue
Saratoga, Ca. 95070
Members of the Planning Commission:
7J
April 7, 1989
For you records, the following is a written copy of my verbal
presentation at the March 22, 1989 Planning Commission Meeting.
I am Dee Askew of 12651 Saratoga Creek Drive. Some 30 years
ago, my husband and I chose this lot to build our home on because
of the serenity and beauty of the creek and the eucalyptus trees
at the back of our lot. We thought this would be the perfect
place to raise a family and a perfect setting for outdoor
California living and entertaining. We soon discovered that due
to the noise created by the Brookside Club, we are unable to use
our yard for family living or entertaining and cannot even count
on the opportunity to read a newspaper in peace and quiet. We
have to go to State Parks or County Parks for our family outings
and barbecues.
What Brookside Club fails to consider is that they chose to
build their club in a quiet residential neighborhood unlike that
of a Country Club that is surrounded by golf courses and
landscaping. Brookside has neighbors with backyards surrounding
their entire, boundary. They should act with the same
consideration we all show our neighbors. Never once in the 30
years that I have lived here has any other neighbor held a party
to which 250 families were invited or where over 100 cars were
parked around the neighborhood. Such actions ruin our quiet
residential neighborhood.
During the past summer, on numerous occasions, Brookside Club
has deliberately ignored the hours of operation stated in the use
permit, both in the morning and closing at night. For example, on
Saturday July 9, 1988, the activity for the swim meet started at
8:30 a.m. with shooting by the pool and commenced to loud cheers
for the meet at 9:15 a.m. with event number 5 occuring before
10:00 a.m. A megaphone with hand mike was in use at the meet.
This violated the use permit for hours of operating hours and the
use of voice amplification.
On Saturday June 18, 1988, a party for adults was held on the
premises until after 12 a.m. While in bed trying to fall asleep,
I heard a man shout to another "You want another beer ".
On Labor Day weekend around loam, an amplified Rock Band
started blasting their music which could be heard all over our
neighborhood, it only stopped when the community office arrived.
Brookside's parties, which run well after the closing hour (an
hour after sunset) are a disgrace to our neighborhood and a bad
influence on our youth. Families raising young children and those
with grandchildren live directly on.Brookside's boundries.
The club is so bold it advertises its sale of alcohol in a
flyer (See attached). The night of the annual Calcutta Party in
August, I overheard a woman shout, "You are so drunk, you don't
even know what team you are on. You are on the red team not the
blue team ".
Both of these parties occured after the July 14, 1988 letter
to the Brookside Club from John Martier, Saratoga Community
Service Officer, listing the violations evidenced until that date
in which he states and I quote, "The use permit specifically
states the possession and consumption of alcoholic beverages
shall be prohibited. Also, all activities are to end one hour
after sunset ". Brookside blatently ignored the rules of those set
up in the Use Permit by the City of Saratoga after being warned
and flaunted their violation. This is the example of citizenship
these Saratogans portray to our youth.
The location of the sport court shows complete lack of
consideration for their neighbors. The failure to obtain a use
permit shows they had no intention of cooperation with the
neighbors. The large sports court with backboard was built as
close to the creek boundary as possible. The site chosen was
directly behind Mrs. Windus ' and my bedrooms. One wonders if this
was deliberate! The area selected for the sport court is not
landscaped. We have evidence of that when we find tennis balls in
our backyard. Saturday, June 18, 1988 around 12 a.m. I was kept
awake, by men bouncing basketballs and making gorilla noises on
the sport court. The following Saturday evening, while again
trying to sleep, around 11 p.m. young boys were shouting and
playing basketball. Before 7 a.m. the following morning, Sunday,
I was awakened by boys again shouting and playing basketball on
the court. This turned out to be their annual overnight event.
''The use permit states all activity must end one hour after
sunset. This would prohibit overnight activities ", quote from
John Martier.
Brookside was a private Tennis and Swim Club. Now they are
turning into an athletic club. Such use is not appropriate for a
residential neighborhood, and I request that use of the sport
court be disallowed and that no use permit for the sport court be
issued.
I feel sure that the City of Saratoga would not want to give
Brookside the message: "Break the Use Permit Rules and you still
get your Sport Court. Nobody is going to enforce the rules! ".
This is the attitude that seems to prevail at Brookside.
When presented with the violations from the Saratoga Community
Office, Brookside's response was not an apology and "we will try
to clean up our act ". Their response was that "We will write our
own Use Permit and give it to the City of Saratoga ". The sample
is included in your report. This arrogance is indicative of the
way Brookside treats its neighbors on both sides of the creek.
Sincerely,
r
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LAW OFFICES OF
ROBERT L. DUNNETT
50 UNIVERSITY AVENUE
SUITE 36
PO, BOX 1847
LOS GATOS, CALIFORNIA 95030
TELEPHONE (408) 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.