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HomeMy WebLinkAbout03-22-1989 COUNCIL AGENDA STAFF REPORTS -brookside__ . i„ tjv 92 93&M&u9 Q 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 August 15, 1978 Mr. and Mrs. W. B. Windus 12681 Saratoga Creek Drive Saratoga, CA 95070 RE: Brookside Tennis Club Dear Mr. and Mrs. Windus: Your letter addressed to Mr. Tom Upson, the City's Code Enforcement Officer, was referred to the Planning Department for their response and action. The Planning Commission initially discussed this item _ at their July 26, 1978 meeting, at which time they reviewed a letter from Mr. Tom Upson regarding the violations. I have scheduled this item for the August 23, 1978 Planning Commission meeting under Miscellaneous. This is not a public hearing; however, all concerned individuals should be in attendance if they wish to express their . concerns with the violations of the Brookside Tennis Club Use Permit. The meeting will be held at 7:30 p.m. in the Council Chambers, at 13777 Fruitvale Avenue. Due to the length of the agenda that evening, if you arrived anywhere between 9:00 p.m. and 9 :30 p.m. you would probably still be in sufficient time for this item. Due to the fact that.this is not a public hearing, the City is not required to send out any public notices to the surrounding neighbors. If you would-like all individuals to attend the meeting which signed the original petition dated August 4, 1978.,_1 would appreciate your cooperation in notifying them. If I can be of any assistance to you regarding this issue, please feel free to contact me. RSR :cd cc: Tcm Upson Mr. and Mrs. Donald R. Ashew Sincerely, W�_) rZ R. S. Robinson, Jr. Acting Planning Director i a (gd 0&M&UQ)0 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 887 -3438 August 17,'1978 Mr. Bob Sadler, Manager Brookside Tennis Club 19127 Cox Avenue Saratoga, CA 95070 RE: Use Permit #207 Dear Mr. Sadler: This is to inform you that the Planning CcmBnission will consider the Use Permit for the Brookside Tennis Club at their August 23, 1978 meeting under Miscellaneous items. This is not a public hearing; yet the Commission has received a letter., from the Code Enforcement Officer, Mr. Tom Upson, regarding the failure of the tennis club to comply with the conditions of the Use Permit which was granted in the early 1970s. Several of the surrounding neighbors have signed a petition indicating concern with failure to comply with said conditions of the Use Permit and have been invited to give public testimony at this meeting. I would encourage you to attend the meeting in order to express your views regarding the Use Permit. If I can be of any assistance, feel free to contact me. RSR:cd cc: Tam Upson Sincerely, R. S. Robinson,, Jr. Acting Planning Director 12681 Saratoga Creek Drive :3aratoga, California 95070 August 4, 1978 Mr. Tom Upson City of Saratoga Admin. Offices 3aratoga, California 95070 Dear P,lr. Upson: We are contacting you in regard to the Brookside Club's failure to comply with their Use Permit. The existing fence, along the creek bank was replaced with a flimsy fence. This fence is not a solid wood fence such as the type called "good neighbor" fence, but rather a see - through grape -stake fence. This fence does nothing to keep the children confined with- in the Swim Club area, because the children slide under it and it is e =!sily broken. ath a membership of 250 families, this creates problems for the neighbors across the creek, since the Brookside members children have been frequently caught on the _ creek bank creating a disturbance. One neighbor complained that the Brookside Club children strung connected hoses across the creek, from the Club on to ner property and tied them around a tree. The children swung across the creek.on these hoses which was extremely dangerous with the rocks below and the creek flowing. Several neighbors have complained to Brookside Club that the members children cross the creek and frequently use a tree swing on the property of one of. the neighbors. This swing belongs to teenage boys and is dangerous for the use of young children. A neighbor complained when she saw little children in bathing suits down on zhe creek who crawled back in under the fence. Older boys were seen running up and down the creek banks, who also re- entered the Club under the fence. The level of the creek changes drastically during the year and we can not understand how Brookside cares so little about the safety of their children that they will not install a sturdy wood fence to protect their children. A neighbor who called Brookside Club to report a disturbance was told by the person in charge, who said he was a Board member that Brookside does not assume responsibility for the members children. Certainly the neighbors would be held responsible if an accident occured on their property and with 250 family members across the creek this is an enormous responsibility to the homeowner. 70 August 22, 1978 Too Planning Commission, City of Saratoga Froms Brookside Board of Directors We are here tonight to answer specifically a letter to the Planning Director from the Code Enforcement Officer dated 25 July 1978. Brookside Club has made a sincere effort to maintain good relations with the neighbors in close proximity to the club. As you knows Brookside is a family club with tennis and swimming as its principal. functions. It has been a part of the community for the past twenty years'and is providing needed recreational facilities for Saratoga. The letter of 25 July 1978 makes several recommendations in the summary on page two, a copy of which you all have in your possession. 1. convert fence - We are in the process of converting the deer screen fence around the play yard to the grape stake fence which is a solid,wood fence. With your indulgence* O �''J` I will present several slides showing the property. 2. We are also in the process of replanting portions of the club and this East area is our prime concern. We have and will be planting within engaged a landscape architect six weeks. We are waiting.for the start of school and U 31 a little cooler weather-to begin -this phase of our con- tinual upgrading of the club facility. We will be happy to cooperate. with Irir. Avi 1 s. as we have had great difficulty maintaining andscaping along the east line. as *the sun is minimal. 3. The Club has always been concerned with the-proximity of the creek. The children of the Club are well super- vised. Notices have been placed in the Club bulletin bordering the creek. and signs are posted along the fence We cannot bd responsible for the creeks other than the Q supervision of the members' children on the Club facility. �1 There is easy access from Cox Avenue# over which we have There is also*a rope swing on the creek that no control. one of the neighbors has erected that draws children from all over. The gaps at the bottom will be filled in. We also have an additional deer screen fence closer to the creek as another barrier.. i Page 2 (Contd.) 4. We have tried to maintain our side of htoceesofree from debris from the Club. We will 5, The starting gun for the meets is approved in the use permit. We have three or four meets a year. They start at 10100 A.M., one hour later than the usual time for our leaguet and west until approximately 2:00 P..4., a total of four hours. have offered to let the neighbors know when the meets are so they can plan the b-ielve hours a year to keep the incon- venience to a minimum. ....» 1M AAA, ZT w1EN�' �0 �J E1 �i►� �� �5 The membership of Brookside invites the Planning Commission members to inspect our facilities so that they can better understand the situation. Thank you, Eroo�cside Board of Directors r �AO �r Uluw o.I ° `2� OO o& 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867 -3438 August 24, 1978 Board of Directors Brookside Tennis Club 19127 Cox Avenue Saratoga, CA 95070 RE: Use Permit #207 Gentlemen: At their meeting on August 23, 1978, the Saratoga Planning Commission reviewed Use Permit #207. At that time the Commission moved that the Board of Directors of Brookside Tennis Club shall be notified that they have until November 1, 1978 to comply with the following requirements: 1) that it be adequately landscaped with shrubbery in accordance , with the list in Mr. Upson's report (attached); 2) that the corrective action be taken to ensure that control of the children is maintained at club; /c---If -F�-• �- -' -� � • � a-� � • i dr -& (. ..n o 3) that the grapestake fence be rebuilt or otherwise improved, and that the gaps be eliminated; 4) that the club assume responsibility for keeping the creek area adjacent to the club clear of all debris from the club at all times; 5) that such actions as Brookside Club shall take to ensure the good neighbor policy, such as notices of swim meets, etc., should be provided to the City as evidence of their response. Please also be notified that the site premises shall be surveyed on November 1, 1978 to ensure compliance with the above, and that failure to comply with those requirements will be cause for the Planning Commission to initiate revocation proceedings on the Use Permit and the immediate cessation of the use of the property. If you have any questions concerning this matter, please feel free to contact my office. RSR:cd Attachment 0-r- - T TT- Sincerel R. S. Robinson Jr Acting Planning Director Planning Cornussion Meeting 8/23/78 Minutes V. MISCELL4hTMS Page 4 A. UP -207 -. Brookside Tennis Club, Review of Use Permit Staff stated that this review of the use permit has came to the Cc mission at the request of the Code Enforcement Officer, who has received several complaints regarding nencunpliance with the use permit. It was pointed out by the Cer- nission that the conditions of the use permit have not been met over the last ten years. Walter Windus, Saratoga Creek Drive, addressed the Cornission and discussed some of the complaints which he and his neighbors had listed in a letter to the Cornission. One specific complaint Mr. Windus discussed was the use of a starting pistol during the swim meets. Ile also pointed out that there was loud applauding after every award at the Awards Banquet held by the Club. Mr. Windus suggested that a different type of cartridge be used for the gun which would soften the sound, and that the applauding be limited to the tvae of the last award. Mr. John Connolley, one of the Directors of Brookside, showed slides of the improvements they had made to the grounds and submitted a letter to the Connission, stating that they have made a sincere effort to maintain good relations with the neighbors. He stated that they are in the process of converting the fence around the play-yard to a grapestake fence, and also are in the process of replanting a portion of the area around the club. Mr. Conrolley stated they have engaged the services of a landscape archi- tect and will be planting within six creeks. He stated they have always been concerned with the proximity of the creek and the children are well supervised. 114r. Connolley explained that they have three or four meets . a year, which last from 10:00 a.m. to approximately 2:00 p.m., and they have offered to notify neighbors of these swim meets. Discussion followed on a time period for the compliance of the conditions that bave not been met through the years, even though the Club has given assurances that things will be done. Cccudssioner Marshall moved, seconded by Commissioner Lustig, that the Board of Directors of the Brookside Tennis Club shall be notified in writing that they have until November 1 ,1978 to comply with the following requirements: (1) that the fencing be completed in accordance with the original use permit requirements; (2) that it be adequately landsca ed with shrubbery in accordance with the list in Mr. Upson's report; (3� that the corrective action be taken to ensure that con- trol of the children is maintained at the club; (4) that the grapestake fence be rebuilt or otherwiseuaproved so it is in workable condition, and that the gaps be eliminated; (S) that the club assine responsibility for keeping the creek area adjacent to the club clear of all debris from the club at all times; and (6) that such actions as Brookside Club shall take to ensure the good neighbor policy, such as notices of swim meets, etc., should be provided to the City as evidence of their response; the site premises shall be surveyed on November 1, 1978 to ensure compliance with the above, and that failure to corsply with those requirements will be cause for the Planning Commission to initiate revocation proceedings on the Use Permit and the immediate cessation of the use of the property. The motion was carriod unanimously. VI. COKMI CATIONS A. WRITTEN 1. - A letter fran Mr. Ton Walker, Pike and Pierce Road, requesting a one -year extension on V -472. CaTmssioner Laden moved, seconded by Com- missioner Lustig, to approve this extension: The motion was carried unani- mously. B. ORAL I. City Council Report - A brief report uw given on the City Council Meeting on August 1397copy of the minutes of this meeting is on file in the City Administration Office. 2. Chairman Belanger thanked Ojuncilman Kal1 and Councilwoman Callon for attending the r.,eeting. She also thanked Ms. Owen of the Good Government Grwp for attending and serving coffee. - 4 - Seconded by Councllman Jepson. Carried unt�imousiy. II OLD BUSINESS V -70 V.D.Dome- rest �L �1 �1. �I 0 #1 ) 11 .l. C` Y 1. V -70 - V. D. Demarest, Jr. The Assistant City Attorney stated that since the Public Hearing was closed at 1Ot25 P. Me on May 21, 1955, the last meeting, any petitions received since that date should not be read. The Mayor so ordered. The Clerk read the conditions setup by the Planning Com- mission and there followed a discussion amongst the Council- man regarding the application. Councilman Jepson moved that the appeal be upheld and that the Use Permit be denied. There was no second. Councilman Glonnon moved that the appeal be denied and that the Use Permit be granted with all conditions as listed by the Planning Commission, plus an additional condition that no liquor be alloyed on the premises. There was no second. Councilman Lancgwill moved that the appeal be denied and that the Use Permit be granted subject to thi original con- ditions set down by the Planning Commission, plus the fol- lowing condltionsil.The clubhouse building be deleted fror. the plansl 2. There be a prohibition at all times of pos- session and consumption of alcoholic boverasesf 3. That condition 4 as originally stated be changed to read as follovst The Vours of operatloh of the Proololde Club shall be fram 7t,: i Tils / UP -14 RNSOLUTION NO. UP -4.1 City of Saratoga Planning Commission State of Califoraia WHERILS, the City of Saratoga Plaaaino Commission has received the application of Brookside Club of Saratoga, for a modification of Use Permit issued June 4, 1958 by elimination of conditions regulating the hours and prohibiting a club house; and WHIRLS, the -applicant has act the burden of proof required to support his said application. NOW, THEtMRZ, Bs IT R890LVID that after careful consideration of saps, facts, exhibits and other evidence submitted in this Satter, the application for the modification of use permit be, and the sass, is hereby granted subject to the following conditienst 1. Noise I-8-01id wood fence six foot in height shall be treated along the entire north and cast sides of the Club property. This fence shall be made reasonably secure from unawthorised access and access gate (s) shall be locked except when actually is use.. Shrubbery as approved shall be installed along the inside of the entire length of north, east and west fences. 2. N No —outdoor noise making d6vics,s, such as phonographs, shall be permitted at any ties. Starting pistols and megaphones shall be used only as required for swimming instrustioa and win masts and the times Of such activities shall be definitely specified by the Directors of the Club. Both pistols and megaphones, if used, shall be of the least noise making types. 3. Club House • construction of a pall club house is approved subject to the following conditions$ (ai Oft - street parking shall b• pprovided for 110 oars. Other outdoor activities being curtailed if necessary or siss of club hone reduced to provide such spaces. This number of spaces subject to adjustment depending on floor area of club house. (b) The membership of the club shall be limited to 225 ambers depending on final area required for parking and factors affecting size of Club Howe. This comber of ambers subject to adjustment depending on floor area of club house. (o) Since the primary purpose of the Brookside Club is outdoor recreatio: the Club house shall ba limited in six* to that of an auxiliary function. (d) Is the design of a club house consideration shall be given to sound proof features. -1- 4. HOURS OF_ZMTION • ours Or operation for outdoor activities shall be no longer than: (a Monday through Friday - 8 :00 A. M. to 1 hour after sunset. (b Saturdays & Holidays - 9:30 A. M. to 1 hour after sunset. (c Sundays - 11:00 A. X. to 1 hour after sunset. The hours of operation for the club house shall be as approved by the Board of Directors and shall be reasonable. S. ARCHITZCTURAL Up SITS cQNTgOL (Repeated from ref. (a).) 6. LIGHTING (Repeated from ref. (a).) 7. The corporation shall adopt rules mad regulations for its operation includiai but not restricted to those essential for control of swimming pool, tennis courts and club house, general activities, safety, health, guests and noise. 1 copy of these rules and regulat- ions shall be filed with the Planning Commission. (Same as rot.( &) except Club House added.) 8. ZZTZNSION OF BROOL UM Dgly= In the event OK t e extension of Brook Glen Drive the west boundary fence shall be moved to the building line and landscaped. (Repeated from raf. (a). ) 9. The City of Saratoga Planning Commission shall retain continuing jurisdiction over the Use Permit heroin granted and expressly reserves the right from time to time to modify, delete or make additions to any or all of the conditions thereof or to terminate or extend the Use Permit, either on its own motion or on the application if the applicant, in order to preserve a substantial right of the applicant, or to preserve the health, safety, morals, convenience or welfare of persons residing or working in surrounding areas, or to preserve existing or prospective valuss of property and improvements, or to prevent a public nuisance. BZ IT FURTMM RZSOLYSD that the Report of Findings attached hereto be approved and adopted, and that the Secretary be, and is hereby directed to ketity the parties affected by this decision. Pd99Za IITD 1DWTSD by the City of Saratoga Planning Cosmission, State. of California, this 25th day of January, 1960, by the following roll call vote: Aye #: Anderson,Bennott,Crisp,Parden. hoes: None Abseat: Higgins, Tiffany, Webster. s Ros�t�tlss �• '►•'� np166 wets witlia tfo skull be gfrsa to residents of larotela. �) *sure of Ope�e,_= Two hears of operation of swimming pool and tsassis courts 0611 Da vffthla the time limits 4t 700 A. K. and 1 four isl l awl a� eastse � . 5) lla $ ltsgulatlonas The corporation shall adopt rules and requ- latlese for its eperatios iaelsdime but net restricted to those :rtivitlas' ssoatial for control of iyimssiiy pool and teams courts, general safety, health, guests and Weise. A copy of these rules and rsgalatloas aball be filed With the 1lanrin9 Commission. 6) to easlea of q k 02_ Driwx lot the event of the extension of Brook Olga Orl" the Vast boassda -1 fence shall be stowed to building 1'24 and landscaped. T) ,i s� a�� f ^ ps' m! t i The Use Permit aha l l be nu l i Vid ro! d ai tine esd of afphteon (18) months from date of issuance unless the Brookside Club to In ective Operation at that Lim. 8i There *Nall be to aatosatic rsY14W of the condit!ons of the Use Pe�9it sightovn '1Q) months from Sate o: its Issuance but t' Areokside Clmif of Ssrs.e9e or tke Planning COM!ssion may request suer a review at aP. earlier data. K lT NNTMZR p%UXVItD the; the Report of Findings attached he:a;.s De approved 9 %d sdopted, and that the Soeratary ra, ar'� is here- by dire:tisd to nettfy the Portia s s•fsctsl by th.!s decis ►en• P1►S=RD AllD ADJry'SD Ly tno C;ty of Saratoga Planning COmMlesien, Slate of Cs :tferrla, this 28th day o: A_pril, 1958, by the following rail call votes A` , A.Adsrson, Daanett, Crisp, M19911s. Panetta, Tiffany, Wahster VMS t loons i A331911Ti Nona j n s e ann TWO ]Commission T'no lei � A TtlIYaTANO TTMGO�LT MGOM OI TT„a 0 a" Ra.t TMIe W /ICi i ATTIST Q/ TMe CIT'► Of sAAATOO�► • w c�a�c Ral'Opt7 or FIUDIMS File No . V-70 s rho application for a Use Permit en behalf of r, p. peen -oat. :r. show t 1. That there ors special conditions or exceptional charac- toristics is the mature of the property-to be affected or that it,$ location, or It °a surroundings are such as wi7'I Pam it the Commission to sake a determination that a literal 4nfereemomt e! the Ordinance would result in practical diffi- culties or suAscessery hardshipsi and 2. 'hat the grsoting of the application is necessary for the preservation and oaJoymeRt of substantial property rights= and �. That the granting of the application will not materially affect adversely the health or safety of persons residing er werkiRg is the neighborhood of the property which is Vtt subject of thI application, and that the use of said property In the ma:ute- Is which it is proposed to be usee. will not be materially detrUeentel to tte public welfare or in.urious to t1e value of property or improvements located in said surroundings. TM'a's TO GgRT%Fr THAT T " MIIT op FIJI O"' Of eTRUMCW IS I U2 IN TM0e 0 4 TMs O&MM" TMp/ t cm a ATOOA ev cLaR+t I REPORT TO THE PLANNING COMMISSION FROM: martin Jacobson DATE: March 22, 19 8 9 PLNG. DIR. APPRV. 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