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HomeMy WebLinkAboutCity Council Resolution 19-020 approving CUP 19127 Cox AvenueRESOLUTION NO: 19-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL APPC19-0002, AND APPROVING CONDITIONAL USE PERMIT CUP13-0002 LOCATED AT 19127 COX (APN 386-22-009) WHEREAS, on April 4, 2013, the Brookside Club of Saratoga applied for a modification of their existing Conditional Use Permit requesting changes to their existing parking configuration and changes to the hours for recreational swimming ("Project"). WHEREAS, on February 13, 2019, the Planning Commission held a duly noticed public hearing on the Project, and considered evidence presented by City Staff, the applicant, and neighboring property owners; and WHEREAS, on February 21, 2019, an appeal to the City Council was filed by Declan Shalvey ("Appellant"); and WHEREAS, on April 17, 2019, following a duly noticed public hearing where the City Council conducted a de novo review of the appeal, at which all interested parties were given a full opportunity to be heard and to present evidence, the City Council considered the application, site plan, CEQA documentation, and other materials, exhibits, and evidence presented by City Staff, the appellant, the applicant, and other interested parties; and NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the appellants, affirms the decision of the Planning Commission of the City of Saratoga on February 13, 2019, and approves the applicant's Conditional Use Permit application and further finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. The documents constituting the record of proceedings upon which this decision is based are in the City of Saratoga Department of Community Development and are maintained by the Director of that Department. Section 2: The Community Development Department recommends that the City Council determine that this Project is categorically exempt under CEQA Guidelines § 15061(b)(3). CEQA applies to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is not possibility that the activity in question may have a significant effect on the environment, that activity is not subject to CEQA Section 3: The project is consistent with the Saratoga City Code in that the Conditional Use Permit findings can be made in that the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes ofthe zoning district in which the site is located; the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; the proposed establishment will comply with all applicable provisions of the Saratoga City Code; and the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Section 4: Based on the Conditional Use Permit including the attached conditions of approval the required Conditional Use Permit approval findings under Section 15-55.070 of the City Code can be made and are set forth as follows: a) The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The project meets this finding in that the proposed modifications to the existing Conditional Use Permit do not change the location of the Pool, Tennis, and Clubhouse Facility of the Brookside Club of Saratoga and the Brookside Club continues to be appropriately located to provide a neighborhood recreational amenity to the citizens of Saratoga consistent with the zoning district in which the site is located. b) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed modifications to the existing Conditional Use Permit meet this fmding in that the Brookside Club of Saratoga has been in operation 1958 and the City has no record of negative impacts related to public health, safety or welfare; the modifications to the existing Conditional Use Permit which modify the hours for recreational swimming and transition parking spaces to the Club's property would not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. c) The proposed conditional use will comply with each of the applicable provisions of the Zoning Regulations. The proposed modifications to the existing Conditional Use Permit for Brookside Club of Saratoga meets this finding in that the modifications to the existing Conditional Use Permit continue to comply with all applicable provisions of the Saratoga Zoning Regulations. d) The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof. The proposed modifications to the existing Conditional Use Permit for the Brookside Club of Saratoga which modify the hours for recreational swimming and transition parking spaces to the Club's property, meet this fmding in that the proposed modifications will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof. Section 5: The City Council of the City of Saratoga hereby approves Conditional Use Permit Application CUP13-0002 located at 19127 Cox Avenue subject to the Findings and Conditions of Approval. (APN 386-22-009) 2 CONDITIONS OF APPROVAL A. GENERAL 1. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16- 05.035, as applicable. 2. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees"). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. All claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. All claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, or alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. B. COMMUNITY DEVELOPMENT 1. This Conditional Use Permit is comprehensive and supersedes all previously approved Conditional Use Permits. 2. The Club membership shall be limited to 250 families. 3. The hours of operation for outdoor activities shall be as follows: Tennis Daily from 8:00 a.m. to one hour after sunset. 3 Recreational Swimming Weekdays, adults from 6:30 a.m. to one hour after sunset. Weekdays, all ages from 8:00 a.m. to one hour after sunset. Saturdays, all ages from 9:00 a.m. to one hour after sunset. Sundays and Holidays, all ages from 10:00 a.m. to one hour after sunset. Club Swim Team Practices All swim practices: commencing at 9:00 a.m. on weekdays from when school lets out for the summer through July 31 excepts as follows: Eleven (11) 18-year-old team members may commence swim practice at 8:00 a.m. on Mondays, Wednesdays, and Fridays from when school lets out for the summer through July 31. Swim Club and Time Trials Three Saturday swim meets and one Sunday time trial during the period from June 1 to July 31, beginning no earlier than 9:00 a.m. Club House Reasonable hours of operation shall be determined by the Brookside Club. 4. The entrance gate to parking area "B" is to be opened on weekdays no earlier than 8:00 a.m. 5. A portable electronic starting system shall be allowed to be used during the summer swim meets and time trials as follows: a. The electronic system shall only be used to start the swimmers for each heat or race. For the purpose of this condition, the word "start" shall mean the act of beginning each heat or race and will be limited to calling the event by name, calling the swimmers to their marks and sounding the beeper. b. Where feasible, to reduce noise impacts to surrounding residential properties, the system speakers shall be directed towards the starting blocks. c. With the exception of the electronic beeper, the system shall be controlled to comply with the provisions of the City's Noise Regulations and shall not exceed six (6) decibels above the established ambient noise level for the property. No other outdoor amplified sound making equipment is permitted. 6. All neighbors within 500 feet of the Brookside Club boundaries shall be notified at least 30 days in advance of the exact dates and times of each year's swim meets and time trials. 7. Private swim and tennis lessons are permitted for members and non-members. 8. Include on Brookside's website information about the Club's process for traffic overflow onto 4 adjacent public streets to include 1) a contact ,phone number to address concerns from neighbors, 2) traffic monitors, and 3) the use of traffic cones and placards. 9. Paint a striped pedestrian walkway on the north side of the driveway and adjacent to the tennis courts that are east of parking area A (tennis courts 7 & 8). 10. Conduct a traffic count to be prepared both prior to and after the leased parking lot is closed and no longer available for member parking. 11. The following acknowledge previously approved conditions that have been implemented by the Brookside Club. This reference is to ensure that the substance of these conditions are enforced and maintained. a. Existing perimeter fencing along the east property line shall be maintained. b. Existing buffer landscaping shall be maintained. c. Tennis rebound walls are not permitted. d. Basketball standards shall be limited to areas within the Club of insignificant impacts to the surrounding neighborhood subject to review by the Community Development Director, but in no event shall it be placed along the easterly property line. 12. The Brookside Club shall maintain 75 off street parking spaces as follows: a. 51 spaces shall be permanently striped for vehicle parking which includes three accessible spaces at the entrance from Cox Avenue. b. 24 spaces are to be provided by converting an existing tennis court to vehicle parking shown as Parking Area "C" on the proposed parking plan included by reference. The tennis court is to be referred to as the "Overflow Lot" and shall be made available for vehicle parking for anticipated peak use events. The following steps are to be taken to ensure that members are notified in advance of the availability of the Overflow Lot for vehicle parking during peak use events: • All members shall be notified in advance of the availability of the Overflow Lot for parking during peak use events by posted notices at the club and via email. • The Overflow Lot shall be opened by staff and spaces to be marked prior to the club opening. • Signs are to be posted at each club entrance notifying incoming traffic of the availability of Overflow Parking. • Staff shall monitor all parking lots during peak events and direct drivers to areas of available parking. c. When use of the club is greater on days that are not anticipated peak use event days the club shall take the following steps to ensure that the "Overflow Lot" is utilized: • All parking lots shall be periodically monitored by Brookside Club staff. 5 • Overflow Lot shall be striped and opened for parking if determined to be necessary. • Signs will be posted at each entrance notifying incoming traffic that the Overflow Lot is available for parking. • Staff shall monitor all parking lots during peak events and direct drivers to areas of available parking. 13. The club shall adopt rules and regulations for its operation to include the control of the swimming pool, tennis courts and club house, general activities, safety, health, guests, noise and all applicable Use Permit requirements. A copy of these rules and regulations shall be filed with the Community Development Department and shall be posted in a prominent place at the Club. The use of the club house shall be approved for normal club sponsored activities for its membership. 14. The Community Development Director shall provide a onetime twelve (12) month status report to the Planning Commission with respect to the modified hours for recreational swimming and the effect on neighboring property owners. 15. Any modification to the approved operations of the Brookside Club is subject to Planning Commission review and approval. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 17th day of April 2019 by the following vote: AYES: Zhao NOES: ABSENT: ABSTAIN: RECUSED: Mayor E. Manny Cappello Attest: Debbiretschneider, City Clerk Vice Mayor Howard A. Miller, Council Members Rishi Kumar, Mary -Lynne Bernald, Yan 6 oward A. Miller, Vice Mayor