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HomeMy WebLinkAbout05-10-1989 COUNCIL AGENDA STAFF REPORTS-brooksideA& SARATOGA WOODS COMMUNITY ASSOCIATION Mr. Stephen Emslie Planning Director City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear Mr. Emslie: a, d* Re: May 10 Review of Brookside Club of Saratoga's Use Permit by Planning Commission Saratoga Woods Community Association is an association of 121 family members who are residents of Saratoga Woods. We are bounded by Prospect High School, Saratoga Avenue, Cox Avenue and Saratoga Creek. On May 8, 1989, our 9- member Board of Directors (with 7 in attendance) voted unanimously to support in principle the requests of Brookside Club for changes in its use permit. We also enthuciactically endorse Brookside Club's earnest and appro- priate response to specific complaints that may have been raised by any of its immediate neighbors. To the overwhelming majority of the residents of Saratoga. Woods, Brookside Club has always been a good neighbor, sponsoring activities in which many of us directly participate. Brookside Club provides invaluable recreational and leisure activities which would not otherwise be available to many Saratogans. Brookside Club should be highly commended for its special commitment to families and young people. As fellow members of the Juniperb Serra Swim League, SWCA Ind Brookside Club have worked side by'cide for many years. The Board members of Brookside Club have always demonstrated censi- tivity' towards its immediate neighbors, which include some of our members, in all of its dealings towards us. If conflicts arise, we are confident Brookside, based on past conduct, will always work diligently to resolve any problems, either formally with the Planning Commission or informally directly with its immediate neighbors. We are all fellow Saratogans and hopefully will be guided in the knowledge- that only good can result from treating our neigh- bors as we ourselves wish to be treated. Since ely, Randy Schl� eider, President, Saratoga Woods Community Association Sw�w,�e�vr. 10 4;7 79 001, -01 i Saratoga High School 12175 Saratoga Sunnyvale Road 95070 March 11, 1989 Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, California 95070 Dear Members of Saratoga Planning Commission, I am writing this letter to make you aware of how the Brookside Swim and Tennis Club has helped Saratoga High School this school year. Last May Saratoga High School's tennis courts were closed for rennovation, and, as of this date, they still are not available for use. When it became time to begin the girls' tennis season in mid - August, Brookside, upon finding out our situation, immediately donated the use of their courts for both practices and matches. As the boys' tennis season approached, I could see that we were still without courts and chances of getting them by the first of February were pretty slim. In order not to wear out our welcome at Brookside, I contacted West Valley College. West Valley generously made courts available to the high school team with one exception. Because there was already a 4 PM class scheduled for the courts, we could not have match play there on that day. Since we had several Wednesday matches scheduled, I once again turned to Brookside. Again without hesitation, they made courts available to us. Saratoga is very fortunate to have a private club which is willing to help out the city's high school. Brookside, along with West Valley College, made the Saratoga High School's girls' and boys' 1988 -89 tennis season possible. It is community support like this that makes Saratoga special. Sincerely, ✓ �acc.�i -� Michele Harmount Varsity Tennis Coach Saratoga High School 1 .'+ Planning Commission City of Saratoga 13477 Fruitvale Avenue Saratoga, CA 95070 M May 1,. 1989 Re: Proposed Action Plan The Brookside Club of Saratoga Dear Commissioners: This proposed action plan is submitted for your consideration pursuant to the Commission's resolution passed on March 22, 1989. Brookside has met on three occasions for lengthy discussions with its neighbors. Mr. Steve Emslie and Mr. Martin Jacobson participated as mediators in these discussions. In addition to these meetings with neighbors, Brookside spoke separately on various other occasions with Mr. Emslie. Mr. Emslie and the Planning Staff have been forthright and direct with both Brookside and its neighbors concerning the City's position on use of adjoining properties. This proposed Action Plan is,a compromise based in part on the Planning Staff's comments, suggestions and recommendations. Brookside has included in this. Plan several items recommended by the Planning Staff which are significant changes in our club's original thoughts. As in all compromises, the final result contains matters we would prefer were different. However, it is a good faith promise which our club supports. We are also supportive of the Planning Staff's conscientious effort to amically resolve the concerns of some of the Brookside neighbors. Brookside's Board of Directors have seriously considered the input of the neighbors and the Planning Staff. Based upon the discussions which occurred during the past 3 weeks and also based upon the recommendations of the Planning Staff, Brookside submits the following proposed action plan for your consideration: t 1. Brookside will conduct a sound study commencing on the approval of this Action Plan to determine whether there are steps which the Club could take to efficiently reduce the noise level encountered by certain neighbors. A sound wall would be one consideration of the study. The study would be taken during the summer in order to obtain the most accurate results during the Club's most active time. A licensed sound engineer will conduct the survey. An interum report will be issued in July, 1989, and a final report in September, 1989. 2. Brookside has been seeking for over two years to obtain permission from the Swim League authorities to install an electronic starting system to replace the starting pistol. The League has finally given its approval. Brookside has allocated the necessary funds to install this system upon approval of this action plan. If the plan is approved at the May 10, 1989, Planning Commission meeting, the system could be installed and operating for all 1989 swim meets. The new system will be significantly less noisey than the starting pistol. 3. The Swim Team will not hold its annual "sleep event" at the Brookside Club House. 4. A calendar of monthly club events will be provided to our neighbors. In addition, as soon as our swim schedule is available (usually in March or early April each year), we will notify our neighbors of the swim meets each year which will be held at the Club commencing 9 a.m. 5. A permanent agenda item will be established on our Board of Directors monthly meeting to provide an opportunity for our neighbors to communicate with us regarding their concerns, comments 3nd.suggestions. The Board will place this item at the beginning. of 'its meetings so the time. imposition on neighbors wishing to address the Board will be minimal. 6. The Club will take additional steps to insure that all members (old and new) are aware of its rules. These steps will include an annual mailing of the rules to all members as well as a physical posting of the rules on the premises. The annual mailing will occur each year prior to our swim season. 7. The use of the rebound wall and basketball hoop will be limited to the hours of 10 a.m. to 4 p.m. daily. K 8. A new large trash recepticle will be provided for club use and it will be placed in an area which is not directly across the Creek from our neighbors. No trash bags will be placed on the Creekside of the fence nor will there be any piles of trash left visible to Creekside neighbors. 9. Brookside will strictly supervise tennis so that no play shall commence before 8 a.m. This strict supervision shall also be utilized for the 3 swim meets and shall include pre -swim meet preparation. This proposed Action Plan is presented for consideration as a single package. Each of its 9 parts are integrated and no single item can be isolated and considered separately. We appreciate the efforts by the Planning Staff to assist Brookside and its neighbors in reaching a compromise on a mutually enjoyable use of their neighboring properties. Very truly yours, The Brookside Club of Saratoga By: Sharon Torrens, President 3 f MOUMOW NO - V-70-1 City sf Sarstegs Planning Cem>•ission • State of California f ylg3isu, the City of Saratoga Planning Csmmissiea has received the a}plieatioa of r. Demorsa Jr. for a Use Permit; and 11WtTd A=, the applicant has not the burden of proof required to support his said application. *W , Tic llt>''Oi!!t, ill IT M(XVLD that after careful consideration of maps, facts, elhibits and other evidence submitted in this matter, the application for the Vse psruit be, and the same is hereby ra antsd subject to the follow!no conditionss 1) Sta�to, Ae_ tis a Approval sad acceptance of Articles of Incorporation and By -Latin by the State of California. Final approved copies to be filed with the P!aaninf COmmissien. 2) Architectural i LL11 Con- troll She Planning Commission to have Architectural and Sits Control approval which shall include the fellowiao! (s) Lighting (b) Teneing: the are* shall be completely fenced except the access road from Cox Ave. to property line will not be required. The north boundary fence shall be so landscaped as to form a natural sc-aen. The tennis courts shall not be built closer than thirty (30) feet from the north boundary line. (c) Building Plans (d) Parking: All parking shall be off street and as many parking spaces shall be provided as practicable. (e) Access (f) Landscaping 3) Memberships the membership shall be limltod to 350 members. Of this total 7519 shall be residents of the City of Saratoga. For May 10, 1989 City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, Ca. 95070 Dear Planning Commission Members: The neighbors of the 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 alcoholicii beverages. Subsequent appearances were on: 2. December 9, 1963 6. August 23, 1978 3. April 10, 1972, 7. February 13, 1985 4. June 26, 1972 S. March 4, 1985 5. . July 25, 197$ 9. March 22, 1989 It is apparent that nothing has been resolved during the J 0 years of appearances before the Planning Commission, because e 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, 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 Use 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 tonight. 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 [Ise 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 250 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 impacts 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 It 19127 Cx, May 1, 1989 Planning Commission City of Saratoga 13477 Fruitvale Avenue Saratoga, CA 95070 Re: Proposed Action Plan The Brookside Club of Saratoga Dear Commissioners: This proposed action plan is submitted for your consideration pursuant to the Commission's resolution passed on March 22, 1989. Brookside has met on three occasions for lengthy discussions with its neighbors.. Mr. Steve Emslie and Mr. Martin Jacobson participated as mediators in these discussions. In addition to these meetings with neighbors, Brookside spoke separately on various other occasions with Mr. Emslie. Mr. Emslie and the Planning Staff have been forthright and direct with both Brookside and its neighbors concerning the City's position on use of adjoining properties. This proposed Action Plan is a compromise based in part on the Planning Staff's comments, suggestions and recommendations. Brookside has included in this Plan several items recommended by the Planning Staff which are significant changes in our club's original thoughts. As in all compromises, the final result contains matters we would prefer were different. However, it is a good faith compromise which our club supports. We are also supportive of the Planning Staff's conscientious effort to amically resolve the concerns of some of the Brookside neighbors. Brookside's Board of Directors have seriously considered.the input of the neighbors and the Planning Staff. Based upon the discussions which occurred during the past 3 weeks and also based upon the recommendations of the Planning Staff, Brookside submits the following proposed action plan for your consideration: 1. Brookside will conduct a sound study commencing on the approval of this Action Plan to determine whether there are steps which the Club could take to efficiently reduce the noise level encountered by certain neighbors. A sound wall would be one consideration of the study. The study would be taken during the summer in order to obtain the most accurate results during the Club's most active time. A licensed sound engineer will conduct the survey. An interum report will be issued in July, 1989, and a final report in September, 1989. 2. Brookside has been seeking for over two years to obtain permission from the Swim League authorities to install an electronic starting system to replace the starting .pistol. The League has finally given its approval. Brookside has allocated the necessary funds to install this system upon approval of this action plan. If the plan is approved at the May 10, 1989, Planning Commission meeting, the system could be installed and operating for all 1989 swim meets. The new system will be significantly less noisey than the starting pistol. 3. The Swim Team will not hold its annual "sleep.over" at the Brookside Club House. 4. A calendar of monthly club events will be provided to our neighbors. In addition, as soon as our swim schedule is available (usually in March or early April each year), we will notify our neighbors of the swim meets each year which will be held at the Club commencing 9 a.m. 5. A permanent agenda item will be established on our Board of Directors monthly meeting to.provide an opportunity for.our _ neighbors to communicate with_us regarding their concerns, comments and suggestions. The Board will place this item at the beginning of its meetings so the time imposition on neighbors wishing to address the Board will be minimal. 6. The Club will take additional steps to insure that all members (old and new) are aware of its rules. These steps will include an annual mailing of the rules to all members as well as a physical posting of the rules on the premises. The annual mailing will occur each year prior to our swim season. 7. The use of the rebound wall and basketball hoop will.be limited to the hours of 10 a.m. to 4 p.m. daily. 2 Ab 8. A new large trash recepticle will be provided for club use and it will be placed in an area which is not directly across the Creek from our neighbors. No trash bags will be placed on the Creekside of the fence.nor will there be any piles of trash left visible to Creekside neighbors. 9. Brookside will strictly supervise tennis so that no play shall commence before 8 a.m. This strict supervision shall also be utilized for the 3 swim meets and-shall include pre -swim meet preparation. This proposed Action Plan is presented for consideration as a single package. Each of its 9 parts are integrated and no single item can be isolated and considered separately. We appreciate the efforts by the Planning Staff to assist Brookside and its neighbors in reaching a compromise on a mutually enjoyable use of their neighboring properties. Very truly yours, . The Brookside Club of Saratoga By: Sharon Torrens, President ,% RU CO, Mr. Stephen Emsli.e Planning Director City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: Action Plan Dear Mr. Emslie= May 10, 1989 W Ji This letter is submitted to either clarify certain aspects of the Staff's report to the Planning Commission. We request that it be submitted to the Planning Commission before this evening's meeting. 1. The Brookside Board of Directors has authorized a sound study contingent upon the adoption of its total Action Plan. The Board has no power to make an assessment on its members. An assessment must be voted by the members, and is not a part of our Plan. 2. The Action Plan was authorized by the Brookside Board of Directors as a single item. If there are any additions or deletions from the Plan, Brookside withdraws its request for the earlier start of 3 swim meets. 3. Enclosed are signatures'from neighbors of Brookside supporting the Brookside Action Plan. These neighbors join the over 200 Saratoga resident signatures we submitted at the March 22, 1989 Planning Commission Meeting in favor of our request. We hope this clarifies these aspects of the proposed Action Plan. Very truly yours, The Brookside Club of Saratoga By: •a* SARATOGA WOODS COMMUNITY ASSOCIATION Mr. Stephen Emslie Planning Director City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear Mr. Emslie: •a *3 Re: May 10 Review of Brookside Club of Saratogans Use Permit by Planning Commission Saratoga Woods Community Association is an association of 121 family members who are residents of Saratoga Woods. We are bounded by Prospect High School, Saratoga Avenue, Cox Avenue and Saratoga Creek. On May 8, 1989, our 9- member Board of Directors (with 7 in attendance) voted unanimously to support in principle the requests of Brookside Club for changes in its use permit. We also enthusiactically endorse Brookside Club's earnest and appro- priate response to specific complaints that may have been raised by any of its immediate neighbors. To the overwhelming majority of the residents of Saratoga Woods, Brookside Club has always been a good neighbor, sponsoring activities in which many of us directly participate. Brookside Club provides invaluable recreational and leisure activities which would not otherwise be available to many Saratogans. Brookside Club should be highly commended for its special commitment to families and young people. As fellow members of the Junipero Serra Swim League, SWCA and Brookside Club have worked side by side for many years. The Board members of Brookside Club have always demonstrated sensi- tivity towards its immediate neighbors, which include some of our members, in all of its dealings towards us. If conflicts arise, we are confident Brookside, based on past conduct, will always work diligently to resolve any problems, either formally with the Planning Commission or informally directly with its immediate neighbors. We are all fellow Saratogans and hopefully will be guided in the knowledge that only good can result from treating our neigh- bors as we ourselves wish to be treated. Since ely, Randy SchlCeider, President, Saratoga Woods Community Association VE A_RE : FFC3LED TC THE CH.AlITGE CF THE iWIM CLUB HCUR3 AT BRCCk3I DE , :4E ARE CPPC'3ED Tc` THE U3E CF THE 3PORT3 CCUiT ,'HIGH "'A3 PITT IN WITHOUT A FERTVIT 9cs 7t) Fer 9S a 76 • �Yl 70 KGs l s2,rZ�S2 �'Qe �{ D t. St reioS e CA 9 J-0 7 O i � 0 11 111 1 All r 7_ Q (A- Wrief j n y,,+v Jc, 1 CICk q)--z 7 a c,r CA zl�- q p 7v S L May 10, 1989 City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, Ca. 95070 Dear Planning Commission Members: The neighbors of the 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, 1972 3. April 10, 1972 7. February 13, 1985 4. June 26, 1972 8. March 4, 1985 5, July 25, 1972 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, AIR 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: 1. 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 Use Permit. The animosity of some club members has increased through the years to the extent s of threats warning a neighborhood committee member not to attend this Planning Commission meeting tonight. 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 250 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 impacts 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 WILLIAM E. FOLEY 11879-19551 WILLIAM J. FOLEY DOUGLAS J. FOLEY May 19, 1989 LAW OFFICES FoLEY & FoLEy 940 NORTH FIRST STREET SAN JOSE. CALIFORNIA 95112 City of Saratoga Planning Director 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Brookside Swim & Racket Club 19127 Cox Avenue, Saratoga, CA Gentlemen: Ii�C��YED iM 00% 49�jyWo PLANNING DEPT My wife Shirley Foley and I have resided at 19021 Raleigh Place, Saratoga, which is also known as Lot 13, Tract No. 2032, Saratoga Woods, since December of 1958. Our house is directly across the Saratoga Creek from the tennis courts of the Brookside Swim & Racket Club.. We purchased this particular lot and built our house thereon because the creek presented a rural setting and environment immediately adjacent to our rear yard, and provided an openness which would not be restricted by abutting future subdivision devel- opment. From the back rooms of the house and the rear yard we have an unobstructed view of the creek, its natural foliage and landscape, and of the hills and mountains to the south- west. While our house was being built in 1958 we learned that a swim and racket club would be located across the creek. We were pleased with this information because we knew then that openness of our rear yard and southwestern exposure would not be restricted. Our enjoyment of the above mentioned features of our parti- cular location have continued until the present time. We are now somewhat concerned to learn that complaints have been made by certain property owners in our neighborhood with respect to the noise level generated at the Brookside Club. In the thirty plus years we have lived in our house, we have not been bothered or annoyed by the sound of activities at the club. There is a certain amount of sound which comes to us from the club property. We can hear the sound of tennis games from the courts and the sound of swim meets when they City of Saratoga Planning Director, cont'd. May 19, 1989 are held, usually on weekends. We can also at times hear the sound of voices of people at the club. The sounds do not seem to us to be unduly loud or of a volume to be an annoyance or a nuisance. We use our backyard frequently for barbecues, family gatherings and other outdoor activities. We cannot recall any one time when the activities of the club generated a level of sound which interferred with our enjoy- ment and use of our property in any way whatsoever. Very truly yours, 1 ,. William J. Foley Mr. Stephen Emslie Planning Director City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: Brookside Club Use Permit Violations Dear Mr. Emslie: June 14, 1989 RECEIVED JUN 4.0 7989 PLANNING DEp7- 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' 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 Aft PLANNING COMMISSION MEETING Page 5 MAY 10, 1989 PUBLIC HEARINGS Continued Ms. Dee Askew, 12651 Saratoga Creek Dr., Saratoga, cited Action Order 3., which stated that a permanent agenda item would be established on the Board of Directors monthly meeting to pro- vide an opportunity for neighbors to communicate with them; she did not feel secure entering the premises due to threats received from an individual identifying herself as a member of the Club. Mr. Bennett responded to the above comments as follows: - Stated he had no knowledge of any threats warning a neighborhood committee member not to attend the Planning Commission Meeting and thus, could not respond to such - Noted that the violations referred to should be considered alleged violations; Brookside had not had a chance to respond to such comments - - Cited the letter of the Saratoga Woods Community Association which stated that to the over- whelming majority of Association members, Brookside Club had, been a good neighbor; he noted that those speaking against the Club were members of this Association - Presented photographs of the Brookside Club activities Mr. Rick Ridder, 12634 Saratoga Creek Dr., Saratoga, felt some issues addressed were irrelevant. TAPPANBURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:25 P.M. Passed 4 -0. Commissioner Kolstad wished to see the results of a sound study before making a determination on this request; he felt activities on the Sport Court should be halted until completion of the study. Commissioner Burger agreed. Commissioner Tappan cited Staff Report Analysis. outlining the City's position that code enforce- ment action was postponed when efforts were under way to resolve a violation; he felt the Club had made an honest attempt to resolve the existing zoning violation involving the Sport Court and progress was being made in this matter. He had no objection to allowing the activity on the Sport Court until the upcoming review. Chairperson Siegfried concurred with Commissioners Kolstad and Burger. In response to Commissioner Burger's question, Planning Director Emslie stated that outside of the Sports Court usage, Staff was unaware of any continuing activity in violation of the Use Permit. Chairperson Siegfried added that the Action Plan addressed the concern. BURGER/KOLSTAD MOVED TO ACCEPT THE ACTION PLAN SUBMITTED BY THE BROOKSIDE SWIM CLUB, AMENDED TO DELETE 5. AND PROHIBITING THE USE OF THE REBOUND WALL AND BASKETBALL HOOP UNTIL COMPLETION OF THE SOUND STUDY AND REVIEW BY THE PLANNING COMMISSION. Passed 3 -1, Commissioner Tappan dissenting. The City Attorney noted that the Applicant stated in their letter of May 10, 1989, "The Action Plan was authorized by the Brookside Board of Directors as a single item. If there are any additions or deletions from the Plan, Brookside withdraws its request for the earlier start of 3 swim meets ". It had been the position of the City that although a Permit was issued for the Sport Court, it was issued in error because a modification of the Use Permit was required; thus, the use of the Sports Court would not be authorized even if the current Application for extended hours for the swim meets, were withdrawn. 12. DR -88 -093 Lohr, 14751 Gypsy Hill Rd., request for design review approval to con- struct a two -story, 4,816 sq. ft. single - family dwelling in the R -1- 40,000 zone district per Chapter 15 of the City Code. ----------------------------------------------------------------------------------------------- Planning Director Emslie reviewed the status of the Application. Chairperson Siegfried reported on the land use visit. Mr. Ueghie noted that trarttn Metrics naa recenuy rwvivm uic ivr valor rinn; u u� iii aucuuv, .%, ...�..... to ensure that the revised Draft EIR contained the information required. Revised traffic counts and most appropriate days had now been coordinated with West Valley College; finally, he cited the additional alternative. Planning Director Emslie clarified that the San Marcos Alternative would use the extreme portion of the western boundary of the Odd Fellows property to provide access to the subdivision without interference with the development plan presented. A member of the audience noted that San Marcos Rd. was a very small road; Chairperson Guch responded that it was appropriate that the EIR address all alternatives. TUCKER/BURGER MOVED TO CONTINUE SD -88 -008 TO APRIL 26, 1989, WITH A STUDY SESSION APRIL 18TH AND A SITE VISIT TO BE HELD APRIL 1ST. Passed 6 -0. Break: 9:10 - 9:25 P.M. 12. Up -574.1 Brookside Swim Club, 19127 Cox Ave. review of an existing use permit for a private tennis and swim club and consideration of the club's request to extend, by one hour in the morning, the hours of operation for swimming in the R- 1- 10,000 zone district per Chapter 15 of the City Code. Commissioner Tucker reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated March 22, 1989. Planning Director Emslie noted the following correspondence which had been received: - Ms. Marion Cochran - Mr. Bill Breitenback, 20130 Bonnie Brae (Brookside Club Member) - Mr. Rich Harley, 18911 Cyril Pl., Swim Team Director and Sara Wood Homeowners Assoc. - Mr. Earl Burke, 12176 Titus Ave, March 18, 1989 - Mr. Robert L. Bennett, Attorney, Re: Response to Staff Report. dated March 22, 1989 The Public Hearing was opened at 9:35 P.M. Mr. Robert Bennett, Attorney for the Brookside Swim Club, reviewed his letter cited above; he asked that the interim solution proposed by the Applicant be addressed.at this hearing. Chairperson Guch questioned the complaints received. Mr. Bennett responded that a letter of complaint was received; he had met with the manager and satisfaction was given to the writer. Secondly, some complaints were erroneous. Finally, there was a complaint about an incident which he could not recall the specifics,. that had been addressed and no further complaint was received. He noted the efforts of the Club to resolve any problems. In response to Commissioner Harris' question, Mr. Bennett reviewed the overnight, sleep -out for the swim team which included 25 -30 children ranging in age from 5 -12 years old; the activity was kept within the club house. With respect to the sports court, he reviewed the construction and use of the court; a member of the Planning Department had approved this use. Ms. Susan Windus, 12681 Saratoga Creek Dr., Saratoga, commented as follows: - In February 27, 1985, she had stated that the Club had not lived up to their Use Permit and asked that the Use Permit be reviewed in two-three years and that no modification be granted - Originally this was a swim and racquet club; now it was being turned into a social athletic club - Perhaps the club belonged in a industrial or commercial area, not in a quiet residential area - Submitted pictures taken the previous summer showing trash in the Creek area - Noted occasions she and her husband could not use their yard for outdoor entertainment - They resented the intrusion from activities at the Club - The sports court did not have the proper permits and she had asked that the City inspect the area - Asked that the Commission accept the Staff Recommendation