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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 Oa ol l (> r i 9cS 4) 70 70 P/ sue, �5 70 i ��s i S L � L •�.oS � Cr- e e� D -. Sz vei o� a� CA S j--O 7 o Ak 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 AP �� : 6t*t4'4" Cq L44 t4 RC v�CV 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( M 'v 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 #AAIL�d- t � c I - - - - .-/-/o V4�� (2,ao-V-R- �lS QGtt/ lOr� • oe 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. 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NNN � j � t {.� �4' }!h�. 15 Z y A ,* , v.' ♦F'� I , � `' f '1+ ' �' ti �:��� � ♦: `pb ,. 3..'jrtJp -.P e�or rk Ss S`yrt,3 t. -AP t-6 �res� k_61 M-- 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.