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HomeMy WebLinkAbout03-22-1989 COUNCIL AGENDA STAFF REPORTS-brooksidecow LANNING COMMISSION MEETING Page 6 1ARCH 22, 1989 PUBLIC HEARINGS Continued Ms. Windus continued her comments as follows: - Residents had been put in the situation of policing Club activities which created hostility and frustration for them - Presented a letter from Bon and Rosa Poon, 12591 Saratoga Creek Dr., Saratoga Mr. Bob Salutric, 12635 Saratoga Creek Dr., Saratoga, commented as follows: - Noted the violations of the Use Permit with excessive noise and operation after permitted hours - Commented on the request for a modification of the existing Use Permit that such would be detrimental to the public health and safety - This was a business in a residential neighborhood; he supported Staff Recommendations Ms. Dee Asken, 12651 Saratoga Creek Dr., Saratoga, stated that due to the noise of the Brookside Club, she and her family were unable to use their back yard area for activities. The Club failed to consider that they were located in a quiet residential neighborhood; she felt the Club should act with the same consideration residents showed toward their neighbors. She cited the number of people attending club parties and contended they deliberately ignored the hours of operation stated in the Use Permit. The violations cited as examples occurred after the July 14th letter referred to above. She asked that the Use Permit for the sports court be disallowed. Mr. Rick Polhemus, Brookside Club Member, stated that Bookside did not have a sports court; they had a concrete slab, backboard and basketball hoop. He joined Brookside because it was a family, swimming and tennis club; he was grateful Saratoga had such a club since there were very few other activities for children. If there were problems, they could solve them as good neighbors. Ms. Nancy Crampton, Chair, Saratoga -Los Gatos High School District Board of Trustees, stated that when the Saratoga High courts were redone, students played their matches at Brookside Club; the community looked to Brookside as a place for youth. She was pleased to hear children were playing basketball and other activities; there were very few places in Saratoga that benefited youth. Ms. Lucille Reiter, 12743 Saratoga Creek Dr., Saratoga, noted the benefits of the club as originally started; however, the club had changed through growth. She noted the noise which carried throughout the neighborhood; extending the hours of operation would only increase the impacts. Furthermore, the children in the area were not in the Saratoga School District. Ms. M. Harmell noted that Saratoga High School had also used Brookside in the past; the Club had always allowed them to use their facilities. The City was very fortunate to have such a facility. A previous speaker added that the issue was noise control; he suggested that if Saratoga High required facilities, they use other high schools rather than coming into a residential neighborhood. Mr. Frank Healy, 12668 Brookglen Dr., Saratoga, and Club member, confirmed he occasionally heard noise from the club; however, he was not bothered by such. If the noise harmed a few people, the Commission should not worry about it; the Club was for the benefit of its members. Mr. Tim McNally, 12660 Saratoga Creek Dr., Saratoga, confirmed that noise disturbed him; he objected to the final comment of the previous speaker. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 10:30 P.M. Passed 6 -0. Commissioner Harris questioned the difference, if any, of the opening time of the club as opposed to the starting time of swimming meets; Planning Director Emslie stated that noise or activities would not be permitted prior to the time shown in the Use Permit hours of operation. She urged that all parties work together to arrive at a solution. One of her concerns was the location of the so- called sport court which was concrete, and the noise generated by basketball and/or tennis balls. tnrougnout the neighborhood; extending the hours of operation would only increase the impacts. Furthermore, the children in the area were not in the Saratoga School District. Ms. M. Harmell noted that Saratoga High School had also used Brookside in the past; the Club had always allowed them to use their facilities. The City was very fortunate to have such a facility. A previous speaker added that the issue was noise control; he suggested that if Saratoga High required facilities, they use other high schools rather than coming into a residential neighborhood. Mr. Frank Healy, 12668 Brookglen Dr., Saratoga, and Club member, confirmed he occasionally heard noise from the club; however, he was not bothered by such. If the noise harmed a few people, the Commission should not worry about it; the Club was for the benefit of its members. Mr. Tim McNally, 12660 Saratoga Creek Dr., Saratoga, confirmed that noise disturbed him; he objected to the final comment of the previous speaker. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 10:30 P.M. Passed 6 -0. Commissioner Harris questioned the difference, if any, of the opening time of the club as opposed to the starting time of swimming meets; Planning Director Emshe stated that noise or activities would not be permitted prior to the time shown in the Use Permit hours of operation. She urged that all parties work together to arrive at a solution. One of her concerns was the location of the so- called sport court which was concrete, and the noise generated by basketball and/or tennis balls. She questioned whether the sports court was part of the Club's original purpose; in addition, she was concerned about the opening activities before the swim meets. Commissioner Kolstad wished to see the club and the neighbors worm out any existing problems; he had the same question as Commission Harris regarding the opening time vs the starting of the swimming meet and questioned whether the club had changed its orientation to a more social club. He would accept the Staff Recommendation to allow the expanded hours for three specific dates. A% I .ANNING COMMISSION MEETING ARCH 22, 1989 PUBLIC HEARINGS Continued df Page 7 Commissioner Tappan concurred although he had some concerns that the expanded hours of oper- ation would permit noise in advance of the actual events; however, he noted that Staff would be monitoring the change in hours of operation. Commissioner Tucker noted that since the Club opened every day, the activities could be impactful to the surrounding residents. It would be difficult to reach an agreement by all concerned. Commissioner Burger confirmed with a Club Representative that the hour of operation listed in the Use Permit meant that the swimming meet started at that hour. Per the response given, she con- curred with concerns raised by the other Commissioners and would accept an expansion in the hours of operation if the hour listed was the time the club doors opened. She had voted against an expansion in the hours of operation in 1985 because she felt that such would be too impactful. She cautioned that the Use Permit must be complied with; there was no room for negotiation on such. Chairperson Guch noted that letters and testimony indicated there had been an intensification of use at the club; such had an impact on the neighborhood. While the club may have failed to meet some expectations of the, residential area, it was probably true that sound traveled over water. She cautioned that this was a conditional use permit; if the rules of the permit were adhered to, some of the concerns of the neighbors would be mitigated. The City Attorney commented that the application originated as a Staff-review of the Use Permit upon receipt of complaints regarding the operation of the Club; the Club then made a request for the expanded hours of operation. These were two separate issues; there was testimony from neighbors that violations had occurred. With respect to the sports court, there was a permit issued; however, both the Planning Director and he agreed that such a permit was issued in error. How- ever, even if the permit had been properly issued, the Commission had continuing jurisdiction. Any plan presented by the Club must address these new features as well as on -going concerns. Commissioner Kolstad noted that since the hour of operation listed in the Use Permit did not in- clude start-up activities, it would seem that the club was in effect already utilizing extended hours of operation. TAPPAN/HARRIS MOVED TO APPROVE THE REQUEST FOR UP- 574.1, ALLOWING THE EXTENSION OF THE HOURS OF OPERATION FOR THREE (3) DAYS IN THE COMING YEAR. Split Vote 3 -3, Chairperson Guch, Commissioners Burger, Kolstad dissenting. Chairperson Guch stated she was unfavorable to the above Motion due to the wording. Commissioner Tappan was favorable to allowing the limited expansion of the hours of operation. Commissioner Harris wished to see the activities at the club focused on tennis and swimming; she would accept a 9:00 A. M starting time. Commissioner Tucker was favorable to allowing the request to allow the club the opportunity to conduct swimming meets in a way that was not overly impactful on the neighborhood. Chairperson Guch would be in favor of this request with the condition that the Commission have an action plan that addressed the issues under consideration. TAPPAN/KOLSTAD MOVED TO APPROVE THE REQUEST FOR UP- 574.1, TO GRANT PERMISSION TO ALLOW AN EXPANSION OF THE HOURS OF OPERATION FOR THREE (3) SPECIFIC EVENTS SUBJECT TO APPROVAL OF AN ACTION PLAN. Passed 5 -1, Commissioner Burger dissenting. The City Attorney emphasized that the Action Plan must be approved prior to the dates of the specific events noted in the Motion; this Plan should included mitigation for the noise impacts from nowever, both the Planning Director. and he agreed that such a pemiit�was issued in puirrilt rror. lssutXl; How- ever, even if the permit had been properly issued, the Commission had continuing jurisdiction. Any plan presented by the Club must address these new features as well as on -going concerns. Commissioner Kolstad noted that since the hour of operation listed in the Use Permit did not in- clude start-up activities, it would seem that the club was in effect already utilizing extended hours of operation. TAPPAN/HARRIS MOVED TO APPROVE THE REQUEST FOR UP- 574.1, ALLOWING THE EXTENSION OF THE HOURS OF OPERATION FOR THREE (3) DAYS IN THE COMING YEAR. Split Vote 3 -3, Chairperson Guch, Commissioners Burger, Kolstad dissenting. Chairperson Guch stated she was unfavorable to the above Motion due to the wording. Commissioner Tappan was favorable to allowing the limited expansion of the hours of operation. Commissioner Harris wished to see the activities at the club focused on tennis and swimming; she would accept a 9:00 A. M starting time. Commissioner Tucker was favorable to allowing the request to allow the club the opportunity to conduct swimming meets in a way that was not overly impactful on the neighborhood. Chairperson Guch would be in favor of this request with the condition that the Commission have an action plan that addressed the issues under consideration. TAPPAN/KOLSTAD MOVED TO APPROVE THE REQUEST FOR UP- 574.1, TO GRANT PERMISSION TO ALLOW AN EXPANSION OF THE HOURS OF OPERATION FOR THREE (3) SPECIFIC EVENTS SUBJECT TO APPROVAL OF AN ACTION PLAN. Passed 5 -1, Commissioner Burger dissenting. The City Attorney emphasized that the Action Plan must be approved prior to the dates of the specific events noted in the Motion; this Plan should included mitigation for the -noise impacts from the earlier start time as well as for the sports court. HARRIS/TUCKER MOVED TO CONTINUE UP -574.1 TO MAY 10, 1989. Passed 6 -0. 13. SUP -87 -001.2 Rose, 14725 Sobey Rd., request to modify a condition of approval for a second unit use permit. Applicant requests to be excused from a require- ment to install street improvements along 260 ft. of frontage on a 1.88 acre site in the R- 1- 40,000 zoning district per Chapter 15 of the City Code. Continued from February 22, 1989. --------------------------- - - - - -- _ ___ --------------------------------------- Planning Director Emslie referenced the Report to the planning Commission of March 22 1989.