HomeMy WebLinkAbout07-24-1978 COUNCIL AGENDA STAFF REPORT-brooksideo"
ups 13777 FRUITVALE AVENUE SARATOGA_ , CALIFORNIA 95070
e (408) 867 -3438
61
.�O: Planning Director
DATE: July 25, 1978
FROM: Code Enforcement Officer 172/-5. /-?S /fie
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SUBJECT: Brookside Tennis Club /Use Permit Violations -.z
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I have been contacted by neighbors of the Brookside Tennis Club regarding pos-
sible violations of the Tennis Club's use permit.
Originally Use Permit #207 stated the fence along the east property line, boardering
Saratoga Creek, was required to be a solid hood fence, but the existing grapestake
fence, in the area of the swimming pool, was allowed to meet this requirement.
At the time of adoption of'the use permit (10 April 172), there existed along
this east property line a deer screen fence.. From reading Use Permits #55 and
. #207, it appears it was the intent of the Manning Commission that a solid wood
fence be erected where the swimming pool grapestake fence would not suffice. This
was never completed. In addition approved landscaping was to be installed along
the east property line to act as q Kisual and noise screen. An isppetddnn of this
area with Robert Avillas on July 20, 1978, revealed that though the approved
landscape plan (Exhibit Y) was followed,-to an extent the landscaping is not
being maintained. Furthermore, the approved•landscaping appears to be incompa*
able with the immediate environment. The area in question is completely shaded
by mature Oak troea" the ant landscaping is of a type that needs alot of
sunlight. AWN (Pins radistat Pinus thuneurgi, and Cypress) are
�!s , cons e e
Another matter of concern is that the plans state that existing shrubbery along
the East property line to . g,
The approved
plansa
so call for eleven (11) Platanus racemosa (Sycamores), however, we could
find no evidence that they had ever been planted. .
The grapestake fence has now been moved from the swi —Ing pool area back to the
Saratoga Creek bank and has been added to the oldeslibting deer screen fence.
It is the contention of the neighboss, across Saratoga Creek, that the currently
existing grapestake /deer screen fence does not meet the requirement of a solid
wood fence. This type of fence does not adequately screen the neighbors from
the adverse affects of the tennis club.
In addition, since the aast property line fence is of such poor quality Children,.
fros the tennis club, are constantly getting into the creek area thus causing a
Page 2
July 25, 1978
continual nuisance to the neighbors. This includes destroyed landscaping,
harassment of pets, invasion of privacy, and increased noise due to the
children playing in the creek.
The neighbors have also contacted the City _ :tt
cam. T gS,wA�Keertr morning` yei �dwy M avan )4`
Also the neighS-6is complai"nefi abou `th4r startinf 'p1if61 that goes off about
every four minutes, in the morting, during these meets. Use permit 9207 allows
swim team practice beginning at 7 :00 a.m. weekdays and allows the firing
of starting pbstols.
*ice The e
state that there were
The use permit allows
ub manager denies this. The complaining neighbors
outside lanterns and people talking and laughing etc*
outside activities until one hour after sunset, only.
of course that now means until about 10:00 p.m. If this is true it would
demonstrate a lack of consideration for the surrounding neighbors.
the
��paper�� •
Presently the creek area is clean of such debris, however, I was informed
that the creek was cleaned only after S contacted the club.
In stmmnary, it is my recommendation that the current grapestake fence be
replaced by a solid wood fence. Also the deer screen fence should be con -
verted to a solid wood fence,' as called for in 1963. In addition I recommend
that adequate shrubbery be planted next to this newly erected fence. Robert
Avillas recommends om of the following types of shusbs be used as five (S)
gallon planters ® Pittosporum nigrians (Black stemmed pittospurum),
2. Photinia fraseri (Photinias), 3. Dodonea viscoxa (Purple-leaf hopseed),
4. Myrtus eomm mis (Myrtle). _
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and �, minimum..
Which ever-shrub is choosat t i cold $a p Centel so
that an effective screen will be developed.
Based upon ea Vlaints from residents, across the creek, I recommend that a
condition be added to the Brookside Club use permit requiraAS that the Club
be responsible for keeping children out of the creek area. At the present
time, the Club gives that responsibility to the parents who, in fact are
too busy playing tennis ete., and do not keep close watch on their children.
This proves another benefit of having a solid well built wood fence along
the east property line. The current grapestake fence is flimsy and in several
areas there is a gip between the bottom of the fence and ground level, where
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July 25, 1978
children can easily crawl through into the creek area. Also a condition
should be added stating that the creek area adjacent to the Club must be
kept clear of all debris, from the Club, at all times. The neighboring
residents are also concerned about the firing of a starting gun. The use
permit allows this, but as mentioned, the noise upsets the neighbors
especially when it is being fired every few minutes, during a swim meet.
It is my recimmendati.on that the use permit allowing the Brookside Tennis
Club be brought before the City Planning Commission for review. Perhaps
several of the allowed uses are not compatable with a residential atmosphere.
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THU /l j
Thomas K. Upson