Social aspects of fitness spa continue to bug neighbors
Neighbors at odds with noise caused by alcohol at the club
Hearing continued to Sept. 12
By Gloria I. Wang
After 14 months of investigations, negotiations and public hearings, a local fitness club is still trying to remedy neighbors' concerns over noise and alcohol consumption at social events.
"I think the club serves a very valuable purpose, but it's not a hotel, it's not a disco, it's not a nightclub," said Robin Stracey, La Montagne Court resident and neighbor of the Courtside Club on Winchester Boulevard.
Courtside and its neighbors have made progress on the terms to be outlined in its conditional-use permit. Progress, however, is not enough--the Los Gatos Planning Commission once again put off making a decision on whether or not to renew Courtside's permit to operate.
Of the 21 proposed conditions for the permit, Courtside and neighbors have agreed on 18. The three items in contention concern the amplification of sound at outdoor events; locations within the club in which alcohol is permitted; and which type of neighborhood impacts are allowed.
Randy Reedy, Courtside's lawyer, says that the conflict is over technicalities. "If we can get the wording agreed on, we can go in there with a united front," Reedy said. For example, Courtside wants a one-year review condition to state "no unreasonable neighborhood impacts," while the neighbors prefer "no neighborhood impacts." "It's impossible for a club of this size to have no impact," Reedy said at the May 9 planning commission meeting.
Robert Shultz, Greenfield Place resident, said that the original wording of the 1989 permit issued to Courtside said "no neighborhood impact" and that it was not an impossible condition to meet. Planning Commissioner Lee Quintana pointed out that leaving in "no impact" would give the neighbors more protection than if it were left out.
A second point of disagreement was in regard to noise--the condition stated that "all entertainment provided by the club shall not be audible beyond the control of the club." Reedy explained that the audible noise could include the sound of children playing inside the club, and asked that the sentence be deleted. Several neighbors, however, testified that their concerns were with the several late-night parties with amplified music that took place in the past.
Los Gatos Director of Community Development, Bud Lortz, suggested that when neighbors have complaints with the noise, they should call 911 directly, and police will measure the noise level with specialized instruments. "They're the only sane and normal people we have," Lortz said, amidst laughter, referring to police officers.
The last major conflict concerned where alcohol could be served within the club. Courtside wants to serve alcohol in an enclosed area around an adult swimming pool and center court. Neighbors want to end all social events in center court and the pavilion, and stop alcohol service around the swimming pool and center court. Center court is the main tennis court area of the club, and the pavilion is a building used for tennis.
Carol Shultz, the most outspoken of the neighbors, said that the "club-sponsored" clause allows independent groups and caterers to serve alcohol in those two areas. Shultz said that, while she was not opposed to the consumption of alcohol, she had problems with the noise and disturbance that is associated with consumption.
Neighbors also raised parking and traffic concerns, complaining about Courtside members parking on residential streets, but the town determined that Courtside was not in violation of its parking requirements. "You can't satisfy all the people all the time," Reedy said.
Despite these disagreements, things have improved greatly between the two parties during the past six months ago. Negotiations stalled in November, because the neighbors and Courtside could not reach an agreement. Talks resumed after planning commissioners ordered further discussion on Feb. 14.
Town lawyer Orry Korb commended Courtside on its willingness to work with neighbors. If a business is found to be in violation of its conditional-use permit, Lortz said, planning commissioners have the right to change the conditions. Courtside is unusual because it voluntarily modified conditions to meet the neighbors' needs--action that is not required by the town.
The town issued Courtside its current permit in October 1998. As customary with conditional-use permits, Courtside's permit was up for an annual review by the town. At the March 2000 review, neighbors complained about the noise and alcohol consumption at the club, which caused town staff to investigate if Courtside was in violation of its permit.
Planning commissioners voted 4-1 to continue the hearing to Sept. 12, to clarify the language used in the conditions and to make it possible for the town, Courtside and its neighbors to work together. Two commissioners recused themselves from the discussion because they are members of Courtside.
Commissioner Suzanne Müller voted against the continuance. "This application has kind of been blown out of the water," Müller said, adding that there were only "three relatively minor changes. This has been dragging on forever," Müller said.
According to Courtside General Manager Natalie Valdez, Courtside currently has 3,400 members, with a waiting list for fitness membership and an even longer list for tennis membership. The club expanded considerable in recent years; four years ago, Courtside had 1,400 members, Valdez said.
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