Loading...
HomeMy WebLinkAbout05-29-1990 COUNCIL AGENDA STAFF REPORTSPLANNING COMMISSION MEETING May 23, 1990 Page 4 PUBLIC HEARINGS Continued The Public Hearing was opened at 7:42 p.m. Mr. Scott Cunningham, 14375 Saratoga Ave., addressed the Planning Commission on behalf of the applicant. He said the applicant does not have any disagreement with the staff conditions or anything that has been proposed. SIEGFRIED /BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:43 P.M. Passed 5 -0. SIEGFRIED /BURGER MOVED APPROVAL OF DR -90 -017 PER THE STAFF REPORT. Commissioner Moran requested consideration of the color of the house. She said she would like the color to be closer to the earth tones and suggested the applicant meet with staff and plan a color closer to the earth tone color policy. SIEGFRIED /BURGER AMENDED THE MOTION TO APPROVE DR -90 -017 WITH THE CONDITION THAT THE APPLICANT WORK WITH STAFF REGARDING THE COLOR FOR THE HOUSE. Passed 5 -0. 9. UP -547.2 Brookside Club, 19127 Cox Ave., review of use of clubhouse and discussion of operating hours in relation to the consideration of relaxing conditions prohibiting alcohol. ----------------------------------------------------------------- Planning Director Emslie reviewed the staff memorandum dated May 23, 1990. Staff recommended a two -week continuance of this matter to allow the Club to respond to the concerns voiced at the study session and the previous hearings regarding compliance with the use permit conditions. Staff also recommended that once compliance is attained the alcohol prohibition be eliminated. The Public Hearing was opened at 7:53 p.m. Ms. Sharon Torrens, President of the Brookside Swim Club, addressed the Commission. She commented on her letter dated May 14, 1990 and stated that the members of Brookside did not wish to attend the study session for the reasons outlined in the letter. They did not wish this to be a slight or ignoring of the Planning Commission. Ms. Torrens questioned the planting, required along the fence and cited a letter the Club received from the Santa Clara Valley Water District stating that before anything could be planted on the District's easement the Club would have to get approval of the District. Planning Director Emslie agreed the District would have to review the landscaping plan. PLANNING COMMISSION MEETING May 23, 1990 Page 5 PUBLIC HEARINGS Continued Ms. Karin Dowdy, a resident of Brook Lane and a member of the Brookside Club, addressed the Planning Commission. She said she believed the owners of the Club have a right to peaceful enjoyment of their property and have been denied that right by the constant harassment of the neighbors. She stated the Club is a place for families with children to find a wholesome, supportive environment which is safe and secure for children. Ms. Dowdy also stated her belief that there is a double standard for clubs in Saratoga and cited another club that is allowed to use alcohol where Brookside is not. SIEGFRIED /MORAN MOVED TO CONTINUE UP -547.1 TO JUNE 13, 1990. Passed 5 -0. 10. DR -90 -021 Dix, 15404 Madrone Hill Rd., request for a design V -90 -015 review approval to replace an earthquake damaged home in the NHR zone district, per Chapter 15 of the City Code. Variance approval is also requested for reduction of side yard setback for expansion of existing nonconforming garage. ----------------------------------------------------------------- Planning Director Emslie presented the Report to the Planning Commission dated May 23, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 8:11 p.m. The applicant, Mr. Gary Dix, 15404 Madrone Hill Rd., addressed the Planning Commission. He said he understands the requirements set by staff. Mr. Dix answered Planning Commissioners' questions regarding the proposal. Mr. John DiManto, a neighboring landowner, addressed the Planning Commission. He recommended approval of the application with the conditions that a fence be added to screen out a concrete ramp from the garage level to the basement door and that landscaping be included. He also expressed concerning the 7 foot setback, which allows for a variance of 13 feet. SIEGFRIED /MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. Passed 5 -0. Commissioner Siegfried agreed with the comments regarding the fencing and landscaping. He said he did not have a problem with the variance since the lot is a narrow lot. He suggested consideration of some reduction in the depth of the garage. CIT )F SARATOGA PLANNING COMM1 ION COMMITTEE -OF- THE -WHOLE REPORT DATE: May 15, 1990 PLACE: Community Center Arts & Crafts Room 19655 Allendale Ave. TYPE: Committee -of- the -Whole meeting MEMBERS PRESENT: Kolstad, Burger, Tucker, Moran STAFF PRESENT: Emslie ITEMS OF DISCUSSION 1. UP -574.1 - BROOKSIDE CLUB, 19127 Cox Avenue The Planning Director reviewed the reasons for the Planning Commission's continuance of the consideration of the dele- tion of the alcohol prohibition. He also reviewed status of compliance with previous conditions of approval. Mr. Askew discussed his opinion that the fencing is not solid nor air tight perimeter fencing. Mr. Steiger spoke regarding the oft - broken prohibition against alcohol. He also felt that the club's intent was to increase the value of the membership by expanding social events. He stated that neighbors are concerned about noise and the danger of drivers with too much to.drink. Mr. Retter reiterated his concern that Brookside has not complied with the Planning Commission's conditions and therefore the Planning Commission should not consider the alcohol relaxation until they have complied. Mr. Salutric spoke and stated that the rules were estab- lished and should continue to be enforced. He felt that the alcohol prohibition is riot warranted because they do not have a history of compliance. He felt that safety should also be a consideration. Mrs. Ryder stated, as a Charter Club member, that the intent of the Club's formation did not include serving of alcohol- ic beverages. She also stated that since the trees were trimmed she has more noise and visual impact in her back- yard. Mrs. Askew stated that the clubhouse has become more of a dominant element rather than an accessory use as stated in the original use permit. She felt that hours for social activity should be curtailed as traffic and voices are dis- turbing to the neighborhood. She also was concerned that children will not be monitored if they are using alcoholic beverages. She also felt the club had forfeited its right 1 to use its eE ier start time. Ann Marie Burger was concerned that the Brookside Club has not met its original conditions and therefore will not con- sider the alcohol until these are met. John Kolstad is concerned that the Club is not complying and penalties should be imposed. He felt that the City Attorney should investigate withdrawal of the approval of the modified hours. Gillian Moran felt that a discussion of hours will enable the City to get at the noise and disturbance problems. 2. DR -89 -122 - AMARAL, 12483 Greenmeadow Lane The Planning Director summarized the status of the project and the neighbors' concern. While no plans were received prior to the study session, the Director noted that they were to be presented at the Committee meeting. The applicant presented a revised plan that included hipped roofs, and a minor reduction in height. Neighbors stated that they felt the changes were not effec- tive in reducing their concerns. They stated that the majority of the neighborhood felt the second story was inappropriate because there was no support for this addi- tion. Burger wanted a reduction in square footage in the second story and a further reduction in height. Kolstad felt that the game room can be located on the ground floor behind the garage which could be extended into the front of the home. The Committee felt that substantial revisions need to be accomplished and presented to staff for analysis before a decision can be reached. The Planning Director indicated that the public hearing will need to be continued for 30 to 45 days to enable the prepa- ration of revised plans and staff analysis. 3. SD -88 -016 - YOSHIOKA, 20570 Prospect Road The Planning Director reviewed the results for inspections and investigation into concerns raised by the neighbor. He reported that two fruit trees and one diseased cypress tree were, removed without permit. Other trees were preserved and protected which should continue to thrive on the property line. The Developer responded to questions from the Committee and presented what he is willing to 'do to satisfy the neighbor. The neighbor wanted to seek clarification regarding the K (59U1_9 Qq 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070. (408) 887 -3438 MEMORANDUM TO: Planning Commission DATE: 5/23/90 FROM: Stephen Emslie, Planning Director SUBJECT: UP- 547.1; Brookside Club - Continued Public Hearing Review of Compliance with Use Permit The Planning Commission conducted a public hearing to review the Brookside Club's compliance with conditions of approval prohibit- ing use of alcohol at the Club. The item was the product of recent code enforcement activity where alcohol was observed but no action taken. The Planning Commission accepted public hearing testimony at its April 25, 1990 hearing. At that time, staff recommended deletion of the prohibition against alcohol due to the inherent enforce- ment problem and a desire to directly approach the noise concerns as violations of the City Code. The Planning Commission received testimony from neighbors and the Club representatives. Neighbors felt that because original usage of the Club prohibits alcohol, the condition should be maintained to ensure the Club's activities remained consistent with its founding principles. Further, neighbors objected to any relaxation of conditions when the Club has not shown a history of compliance with previous conditions. Lastly, neighbors expressed their concerns that neighborhood safety would be compromised by the relaxation of alcohol prohibitions. The Club explained that occasional use of alcohol was a necessary component of the adult social activities. The representatives explained that adult social were essential in order to keep parents involved in the Club and to coordinate voluntary activi- ties necessary for swim and tennis competition. The Planning Commission questioned the City's involvement in the regulation of alcohol but felt that the operation of the Club- house could be better regulated. The Planning Commission noted that no specific hours of operation existed for the use of the Clubhouse and that an examination of possible use restrictions would actually improve the neighbors position in preventing 1 excessive Clubhou. noise. On.May 14, 1990, a study session was conducted to explore estab- lishing use restrictions on the Clubhouse. Neighbors were present to state their concerns regarding relaxation of the alco- hol restrictions and to underscore the Club's non - compliance with Planning Commission conditions of UP- 541.1. While the Club did not participate in the study session, they did send a letter stating their position that no additional restrictions on the Clubhouse were warranted at the Committee -of- the -Whole meeting. The following items discussed were discussed: 1. No modification to the use permit including relaxation of the alcohol prohibition will be considered until the Club has demonstrated compliance with all previous conditions. 2. The City Attorney should research means available to the City to invalidate the use permit if compliance is not achieved. Although the Club has remained in contact with staff regarding the installation of required landscaping and relocation of the basketball hoop, these items have not been finalized. While the City Attorney reports that the City can pursue revocation of the use permit due to non - compliance; however this action is not recommended by the City Attorney. Rather, the City Attorney recommends that the Club not be allowed to utilize earlier start times for the three (3) swim meets until compliance can be veri- fied. Recommendation Staff recommends that the Planning Commission take no action to modify the use permit, and continue the public hearing to June 13, 1990 to allow the Club to demonstrate compliance with the Planning Commission conditions. 'Stephien Emsl e Planning Director Attach. 1. Staff report April 20, 1990 2. Letter from Brookside dated May 14, 1990 3. May schedule of activities 2 am May 29, 1990 13777 1:A 95070 (408) 807-34:38 COUNCIL MEMBERS: Will Kempton, Director Santa Clara County Traffic Authority 1754 Technology Drive, Suite 224 San Jose, CA 95110 RE: Route 85: Saratoga Creek to Los Gatos Creek Dear Mr. Kempton: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman By now, you are aware that the City of Saratoga has requested a suspension of the design of the Quito Road overcrossing until input on the width of the structure can be solicited from the community. At the initial trend Meetings I attended for the project, I was advised that the Quito road overcrossing was to be designed to accommodate two lanes of traffic. Since it was not clear to me how that decision was reached, I posed the question of whether a four -lane structure was possible. After further evaluation by your staff, I was advised at a subsequent meeting that not only was a four -lane structure warranted by existing and projected traffic volumes for Quito Road, but that the designers would be instructed to design a four -lane structure. While I personally am in agreement with this, I indicated that I would forward that information to our City Council for their consideration. On May 16, 1990, the City Council considered this matter and determined that because of the absence of a clear policy for Quito Rd. in the City's General Plan and that input from the surrounding community had not yet been obtained, it was premature to take a position on the width of the structure at that time. Hence, the City requested the Traffic Authority halt design work on the structure until further information and public input could be obtained. The City is prepared to develop a recommendation for the Quito Road overcrossing, but also recognizes that the impacts of such a decision will affect residents of Campbell, Los Gatos, Monte Sereno, and San Jose as well. Therefore, we believe it would be appropriate for the Traffic Authority to first conduct a Communi- ty Meeting to allow the public an opportunity to express their Printed on recycled paper. Will Kempton May 29, 1990 Page 2 opinions about the project. Please consider this letter as the City's request to the Traffic Authority to conduct such a meet- ing. The City will offer the use of our Community Theatre as the location for the meeting if this is desired. Upon your consideration of this request, please contact either Harry Peacock or me to advise us of your decision to hold a community meeting. Until then, I will continue to work with your staff to develop information I believe will assist the Council in reaching a decision. Should you have any questions or wish to discuss this with me further, please give me a call at 867 -3438. Sinc ely, Larry I. Perlin City Engineer LP:kc Printed on recycled paper.