PC 07-18-84y ':,I'T'Y OF CUFERTI O STATE OF CALIFORNIA
10300 Torre Avenue,Cupertino,Ca.9rZ I _?.
Telephone: (408) 252-4505
iI:v Jl^^BS OF T.iEE i��GULARL ADJOUR.vED iiLFTING OF T`iE PLA.1i.•dI.v'G
COPvIi'+IISSI0I HELD Oil JULY 18, 1984 IN T?_E COU??CIL (""HANBERS,
CUPERTIl'i CALIF0Rr1IA
Chairperson Blaine called the meeting to order at 7:-"')0 p.m. in
the Council Chambers, City Hall.
':) W , TO THE FLAG
ROLL CALL
Commissioners Present:
Staff Present:
Commissioner Koenitzer
Commissioner Claudy
Co=issioner Adams
Commissioner Szabo
Chairperson Blaine
Director of PlanninEr
City Attorney Kilian
City Clerk Cornelius
and Develonm,ent Sis]
PUELIC HEAEL .,G
® 1. Ar_.plication 7-U-069 of Stevens Creek Rancr. Stables: PUBLIC
H�ARI G to consider revocation or modification of an existin.s us(
permit which allows operation of a commercial horseback riding
stable and E.TVIR0.jM"7. TAL R�VI�:v : The project is cater orically
exempt, hence, no action is required. The subject property is
located on the east side of Stevens Canyon Road approximate7lr
1,000 ft. south of Ricardo Road. First Hearin,-
0o:_ ,issioner Blaine asked City Attorney Kilian to explain t:_e
'crocedure to be used on this occasion.
City Attorney :Kilian explained this ;vas an arplication by
c'-tize.ns to seek revocation of a use j ermit and describer. hG r
',his could be accC::plished. lIle explained that all evidence
_ resented oulci be s.:iorn te_stimcny and teat t :e C; C1
_{
:Io-ld s:•iea- 'n. evg':?'1ody who ?,:cula be testJ'L— ;.
V' J •
1
=e -referred, tC theI O_'t la_'C:1 9, r4 V:� =C OUt__i:eC�
arious �;rcunds on :"rL:.Ich IL." ---use ner, it could' Cc re'IGr.eC�
-"eau , e::. e OsSi:e, i.e v.^.ou :t, liras ;tinetIn. er ti;e c n
Ccm-,1ied :`nit h ti=e CG .-i 1 v „U se Te r m t.
:lulls _';J it .". O1 Q` _ OVa ;._ l.� �y
i ice. .i..I Ss_ Jn e_ .^'l .t� �s_.EQ w�t� .^. iiIcrneC _l_ .n �rclia O„ �.
v_....:.lr..� v. 1
It �. ss w -y. a' -7_ tI o r1
_cn CVO:_.. _. = OJC Q:.a u... _G:'_Q co1.Gons _1 4 s -- e4
PC-444
Pace 1
`C-444
a 2
Cit�7 Attorney Kif Tian advised that this could only be done in the
circurstances that the applicant agreed, or if there was a rublic
nuisance involved, at which ti: e the Coimnission could recommend
tir
o City Council to conence with.abatement proceedings. Further,
the homeowners had to establish by ipreponderance of the evidence
that the conditions were not being het.
At the request of City. Attorney Killian, witnesses and others
;ivin,c- testimony at this point stood up and were sworn in by
City Clerk Cornelius.
Director of P1an±inE and Development Sisk pointed out that he had
submitted background information going back to 1969 to the
Commission. ;:e offered copies of the information to all
interested parties.
Commissioner. Claudy suggested that the Commission should first
:hake a decision on whether the use permit conditions were beinc,
met, and, secondly, they could discuss the public nuisance issue.
After a short discussion, Commissioner Blaine called on the
attorneys for both sides.
M-. John H. Coward, Dunbar, MaddiZan, Coward & Moore, attorney
for the Rancho Deep Cliff Homeowners Association_, stated than
he had a list of witnesses prepared to testify, and that while
minor violations of the use permit were alleged, they leaned
more towards the nuisance issue.
Ilr. James E. Jackson, of Jackson, D
-epresentinCD
o'Kenneth and Cindy Brook
Stables would present people knowle
the stable owners as witnesses, he
presented to then that they have vi
he had understood it to be a matter
be able to answer on use rermit mat
he concluded.
novan, Rudd & ;,�ulford,
of :Stevens Creek Ranch
c'eable about the stables,and
aid. As it had not been
lated the use ner^it, and
of odor, he hoped he would
ers if the question arose,
Commissioner Blaine wanted the Commission to hear what the
c'r_ares were, what the co; ,plaints �rere and ghat had and had not
been done.
Lt s �i eCi`y Attorney Kilian pointed out that th e
Planning Co.;lmission ?eras under no ob!1i�ati0:^. to ;,.ake a yeCiSlCn
toni ht .
T-he two sets of use pe=,it conditions were read, and Cor,:-nissioner
Claudy explained that the second set of conditions covered
'ceepin� horses overni;ht in the aua^ry area.
CitClerk Cornelius s?,iore in ilr. and ilrs. Faust on arrival.
�_ai_ e ca -ed for uestions Irc,:, the ^art=es1 �ttornez-e
r e'3-ardi_-n t::e ...:cter-f al 1" Se:iteC:.
•
:ttorney Jackson ascertained that, to Staffs i.no!ed�;e, there
.,,as no paperwork in connection [7itr: the use perr:it that had not
® been subMitted by the arplicants.
;r. Richard Fuchs, Sanitarian with the Uanta Clara Country -=ealt
Depart I:ent, explained their role and actions in the matter. He
had visited the site that mornins and had visited the 1ancho
Deep Cliff complex directly afterwards, he said. At the stable
he had checked the procedures for bag;ing and removal of manure
and had found no fly problems; he had found an acceptable number
of house flies and no stable flies and no mosquitoes, he said.
He stated that he had not found any offensive, excessive odors.
He had gone to the fence area nearest the rancho Deen Cliff
Development and had not detected any odor, and had then lone to
the swi=ing pool area of the Rancho Deer Cliff development and
had sat for a while writing a report, and had detected no odors
or flies, inspite of the wind coming in from the quarry area, he
said.
;'sir. Fuchs answered questions on the upkeep of the stables for
the Commisssion, and it was established that he had not visited
the stables previously, though his predecessors had. re said
that it was the best -kept stable he had ever seen. ;hen asked,
he said there were some drainage problems, and described the:.
City Attorney Kilian established with I'vir. Fuchs that he had not
found anytring in violation of County or City ordinances, or
® injurious to health, anythinc" offensive to the senses, Or any-
thing obstructinE the use of the adjacent property.
Commissioner Blaine established that Mr. Fuchs had a normal sense
of smell and no allergies.
Attorney Coward established with Mir.
Fuchs hat he had visited the
site between 11:30a.m. and 12:15 p.TM., had not prior to or during
the visit had discussions with the residents of Ranc::o Deep Cliff'.
had not reviewed any letters or reports from the residents.rric)
to the visit and did not know that the co -Plaints were for
srecific times of the day and the year, though his colleague '—ad
told him that the evenin-7 hours seemed to be more of a z.robler:i.
Attorney Coward asked that an aerial -_hoto ratih of the area be
shown.
'director of Planning and Development Disk presented the aerial
rhotorap:h and described it.
At t'i-e request of attorney Co:iard, ' r. Fuchs i '-
r. `E' on U: C._Ca�
aerial pnoto_rar_ h where he had teen and the area .e had
:-enti'Cne_' In his t�Sti::Cny . i.e _ U—cated ;:tier e tie .^.O, . S :e,',
cc-1, ,1_ed in ti:e evenin:�J .>ave t .c C--- ientat_on C= t.:e .:ii.ice
�?C_lit_eS a ^Cii:`Ed 1t i_crE tre C iZ =�' ^O
a%u _ � l i; i� O' r,
_s an c e s fln cm t::e c of c,_ e` vC �}= :C
Ear -_�_ "_L' U Ct�E=
r?C._ed /;hetiier 1,e a,d detected anyone ! ..'.r=, Cn
_ ..e <<_� ;0� :nC+'i. =_C 4`re' - v :cam Here ,,,as a vc�'r'
J
�'1�...0 _i �... tie �.'anh on area l.n f,�:ic-o _-e-
. a, e
'ale 4
ttorney Jackson, exa..lininL� ;'lr. ^uc
inspected amuck Norred stables in Ea
had not, and also that Mr. Fuchs' v
today had been unannounced. Questi
odors, .%ir. Fuchs said in the course
familiar with different types of od
that regard, but was not familiar w
odors not detected on -site would be
said it :night be difficult to detec
when wind and distance intervened.
could produce an odor and described
if he could differentiate between
Further, Mr. Fuchs reiterated that
operation and the best he had seen
Attorney Coward called on William A
Drive. Ivir. Adams identified his ho
in relation to the stables. He sai
still had odors, flies and noise; o
evening hours. He described how th
quality of life. He brought izp a n
and said there had been a case of s
days earlier at the stable area.
Attorney Coward examined Mr. Adams
the stable had commenced operation
He descried the odors as unpredict
some degree. He said he had not ha
the stable owner. Miany visitors to
1"Ir. Sisk, had detected odors, he sa
Attorney Jackson, cross-examining M
when he had :coved in, he had not kn
be a stable in the area. e establ
not offensive to him, and that this
there approximately 20' of the time
six months of the-coi-mmencement of t
Attorney Jackson established that M
the decision that horses were not t
hill, and remarked that, had the nc
down, the material on the hill, ther
a fire dancrer.
,wring a discussion on this roint wvihich various nec"otiatior_s rrere ;:en
pointed out that he was rebutting t'
:anger. .
s, as Iked if he had
t San Jose, and found he
sit to Stevens Creek Ranch
r_ed by '.-Lr. Jackson about
of his duties he had been
rs and had training; in
th any phenomenon where
detected off -site. He
the true source of an odor
He agreed that river algae
that odor. He did not know
animal odors, he said.
t was a prof essionall;; run
n the way of stables.
ams, 11043 Canyon Vista
e on the aerial photocraph
that after two years, he
ors being mainly in the
se problems affected his
w problem of fire danger,
ontaneous combustion a few
tnd established that before
ie had not had such problems.
:ble, though always there in
i any response from I+ir. Brooks, 40
his residence, includin-
.d.
1. Adairs, established that
>wn there had been or was to
_shed that fare odors were
was not a ar..i odor, was
and had started within
ie operation.
Adams wasfa1::�11[':r \ritii
gaze on the side of the
'ses been allowed to gaze
would not have been such
.thl Attorney Coward, in
Toned ar_d euestioned, he
ie testii-nony on t'.e fire
t e.,tio-.^.ec by ti-_e "o�::iisslcn :�lr . me �' t `• -, ' --a-
one
�•� , .Ui G...aJ l.i� 1. no lit__ _il .•i.a
season ;worse t:_an another, but i,he worst --s -
re_'e ;N
'er�ny u_te:' sli Set. �.nu r.n tJ e e'er ��^N J.. ten'.. .• Cv
e 44 v S Lf �y t le Stacie � one day, „
le cc : ^ew
.,ias .tiorsu, he solid, and he Fiat.': noty bed a _^_or se br enC_nr
at that, l
a , he observed.
d .
" ,i...e
0
�'.ttorne; Jackson established th at !,". . Ad,-: s did ^ot detect an
. aCr nor':al `u _nu the d ' ;;�t l.:ne
i,ir. Joe 7'Iarza1c, 11072 Canyon. Jista Drive, identified 'his house
on the aerial photo raph; it was adjacent to the stable area.
• He said his concern eras the de, nee of odors e anatinC, fro the
stables, which he had be-un to detect _two and a half to
thi,6e years ago. They were constant and variable, and affected
his quality of life, he said. His log showed that there were
noticeable odors 75 of the time, occurring in the late afternoon
and evening; hours. However, he could smell the odor at Deep
Cliff Golf Course at midday, but could not detect it at his
home at that time.
Asked by iYIr. Coward for an explanation of why the odors were
stronc- in the evening, Mr. L"Iarzak described an inversion factor.
Mr. Coward established that Mr. I-Iarzak had had problems with flies
since the stable had been in operation, and that they had increased
Attorney Jackson, observing the stables had -7one in only two
years aEo, established with fair. Marzak that his problems
started about the time of Lynn Faust's letter to the Flannin
Commission of June 7,1982.
Attorney Jackson.cross-examined-Mr. Marzak on the frequency and
strenF,th andtimes of odors and offensiveness of types of odors.
On being asked if, as a chemist, he thoucht it was possible to
determine the nature of an odor from a sample of air, he said
• he thought it was. Asked if he had done so in this situation., he
said he had not. He said he could identify river odor, but -he
had not lived so close to a river before.
Questioned by Attorne;,T Coward, Mr. Marzak could not tell :where
the horses were corralled in the eveninc, from his house, but
said that when he had visited the stables, he had seen a shall
paddock in the area Ir. Fuchs had identified.
Co.m. Elaine ascertained that f,Ir. I:arzak had seen the horses
corralled between 6.00 and 7.00 .....
,ir. Honald C. "Kobe. I 1110' Canyon Vista Drive, rointed out his
residence on the aerial Fhotoc-raph. ::e had less of a Problem,
he said, due to the situation of his home, but he c-ot Sztron
Lj
cdcrs at times, and flies and noise ,�re_^e •,rcblems. _e :gent
cn to describe these, e:;:_ hasizin� a vehicle noise, and described
the odors he could smell. -e noted that he had beeni Z"enin,s
o;� and the first date entered was 1st July, 1 +2 .
_..a..,ined by a;,torne,;'Coward, r:y. "obey;; said that t:_ou� . he .-as
in the 7.rocess of sell_nc] his house, he had not at -f s t_-e ..ad
any comments the noise o� smell
.
—�ru l , o_s.toyney Jac kson cross-exained hi.ye�at- end smells and established t at there :vas no evidience t at .e
1^lie ner fenced e.,ianated from t,e stables.
a a _
OI ZabO established 'vJitli CitCity "ttC=' e� 'i li c t t :e i n `PL
noise yOblei:', thou`h it .'::...;,�:it not v=olate wit OrCina CeS CCu_i
Still be classified as a nuisance.
page
-4 14
„e 6
r. J. radley Clayton identified h
Vista Drive on the aerial rhotograp
between 9.00 p.m. and midnight, sin
time, he said. He indicated on the
had noticed the odor problem and ga
fly and odor problems. He talked a
the recent incident previously ment
had indicated to hi:n that it had be
they had to return later that after
the fire. He thought t=rQri�F' Was an e
''lr. Clayton at this time submitted
the use permit be revoked.
s house at 11092 Canyon
. He noticed the odors
e he toot: walks at that
aerial photograph where he
e his perception of the
out the fire proble... and
oned. He said that firemen
n a manure fire, and that
oon to Dour more water on
theme danger, he said.
petition reauestin;; that
After some discussion between the pLrties' attorneys, the City*
Attorney and the Planning Commission, during which the petition
was read, it was accepted by the Commission.
i•lr. Clayton was asked, and answered
partiest'attorneys on the strength,
and when they occurred. He noted t
Minutes of the PlanninS Commission
that he had detected odors, though. -
emphasized that he had experienced
had opened.
Steve Faust, 11033 Canyon Vista Dri
on the aerial photograph and obsery
from the paddock area. lie describe
odor, offering a geographical/topog
explanation. He pointed out that t
did not want to impact -,,r. Brooks'
peaceful coexistence with the quali
been accustomed. He drew attention
economic impact with regard to the
, questions from both
;yr.e and frequency of odors
:at the June 28, 1982
leetin:- showed he had testified
iinor at the tine, and he
)dons from the -time the stable
e, indicated his residence
d it was about 50 ft.
the fire situation and the
aphical and inversion' f actor
e Rancho Deep Cliff Horieowners
usiness, but wanted a
y of life to which they had
to the potentially severe
ale of homes.
Cc=issioner P-,laine established that approxir_ately thr:ee ho-es
had been sold in the i-Mediate area in the past two years, one
within the last month. �
9
•
'r. Faust was questioned by attorneiv Jackson on his perception
of the odor. jV
it rn Faust, 11C33 Can-yon Vista Drive, described the lette
::ad v.ritten to the Planning Corm-,iissiIon on June ?, 1982 and cor_ce_ns.2 o
was also currently- concerned frith tYle fire dan..7er,and describe -e",
nesotial- nS vtiith the 'various Tc,artileS in tre,-and. u
-.I. .7d Vargo, 1G940 -tester Dr-V ^e
l t
�eria_ .map anti in:u_caL,ed he was prs
_ �
on .,_`e Jl'.ar C� Ol ✓_n eC t ors O.=+ ;,.:e �.a
Soc iaticn . - e :^. �s __ was andl-n� this
_e explained. He ha been stare o--'
rC-e to --e 2lannin�, CC.: 17 ssion on
ineu out nis :^ot.tie on t.:e
or pres_�:dnt and pas nC.,i
echo Deen 1�
�1�ff '=eo: ers
ratter becau,Se o= t e
the rrocle- s__hce r n -,
June ; , _� �, :-�e said.
s 'fast discussions with VIr. !3rooks had 'indicated that i ir. r cof-, 1 r'-4
v
;could never -have more than 30 horses, no boardin_� and no box ?a..�:e
• stalls. INo indication of i"ir. Brooks living; there or of horse
breeding had been made. ;sir. Brooks had indicated that the horses
would be kept in the quarry area at night, he said. He noted
that he had been to the stables at 11.00 a.m. that morning and
that the dumpster had been relocated; he indicated this on the
aerial ,hotograph. He also indicated-•vherethe stable equipment
and facilities were in relation to thead„acent homes. -
`here was some disagreement, and Coi=issicner Elaine noted that
it was difficult to tell these things on an aerial map.
ilr. Vargo went on to address the fire issue, sayin- that he
had been approached by 12•Ir. Brooks to let the horses graze, but
that he had been unable to comply. The Homeowners Association
had been frustrated in their meetings and dealings with
Pir. Brooks, he said. He described a history of cooperation but
no satisfaction. He thought there was a violation. of the use
permit, in that there were horses in foal and others kept in the
area in covered stalls.
Asked by Attorney Coward where the horses wre kept in the evening
Mr. Vargo said he '_knew from. Mr. Faust that three or four horses
were kept in the barn area in covered barns, and he pointed this
out on the aerial photograph. He also confirmed that ;ir. Brooks
had told him that he stayed at the premises overnight sometimes,
but he was not sure if Mr. Brooks lived there.
Commissioner Elaine called on Attorney Jackson to present his
case.
Attorney Jackson called i,r. Kenneth Broo'Ks, proprietor of
Stevens Creek Ranch Stables. iIr. Erooks described his operation
and gave a brief description 'of ranch p:recedures throu_hou - the
day. He listed procedures to control flies and odors, and
::rater ials he was 1 using,. He described frequency; and :.et hods of
.=aintenance and cleani=, and procedures for deal_.: :it.. ...,..._ ure.
ie observed that some people ca: e to _-_de at the stables _ at her
than anywhere else because of the cleanliness, and that t''ey had
never had any cor -plaints fro::, people at their facility%, even
inthe early morning and evening hours .
e ointed out the scene of the fire on the aerial _ cto• ��:.
t tias an area not used b % himself or his staff, he said, y a.ra
f41 eeu about the proble. s of hikers f-c the park urea do-,;'_i
fences. ?ie described the action of :-imsel and hi. emz:t, ;ees
L
the=ire, which he fhou;ht, but for the__ ac pions, could •
^sve spread to the Rancho Deer Cliff r_oi.es. :e re -opted t:_at
.:e had p_ cI,:-n to a f_r e in vestl _atOr, :'ii0 had tC1C, __L .: f t t ^e
firms hat probably started fror: a cigarette. :ie descr -,ghat
L • . •
u.:e noises .ere f hat ' (r. . Moberg had ::eard.
tre, _r. ^cc�,s r,resented a r..et_tior. �-�� ed b-
iila e!7 �40C cu:.toi::ers, an'": note C iic COuIC �^r iL)
r
_,ot' .::ore. sib;natures. but had st0'_" re -n ' e--u r ' C=c use
Ci=^obanle resolut'on of t_:e .:after .
=age
Com. Elaine accepted the petition and read it aloud.
Attorney Jackson asked "'Ir. Erooks i`' he would be prepared to
c-o alon5 with the sur bested improve.�.,ents of the Santa Clara
County Health Department report pre -bared by .ir. "uchs.
Nr. hooks confirmed that he would.)
%Lr. Brooks noted that, thou.-h odors
morning hours had been mentioned to
he had on site with the Homeowners A
mentioned that odors were continuou
further noted that in the past, som
on the paddock area for the purpose
because the homeowners Association
:February he had stopped it. lie fel
been lessened when the horses had g
in the evenin and early
i8ht, at the last meeting
sociation, it had been
throughout the day. He
of his horses had gazed
of fire control, but
ad expressed concern, in
the fire _potential had
azed.
On the request of Commissioner Adams, Mr. Brooks gave a
description of spraying procedures.
CorLmissioner Szabo wanted a description of the horses kept
overniCht (outside the quarry area) and Mr. Brooks complied.
Commissioner Claudy asked Mr. Brooks whether he was aware
that it was a violation of the useoermit to keep them there.
14r. Brooks stated that he had not been aware, but was now aware.
Commissioner Koenitzer established ivith Mr. Brooks that the
stable vehicle mi-ht start up at approximately 6:30 a.m.
Commissioner Koenitzer thought this could fall under the
commercial noise ordinance.
Co:ss-Loner Elaine established with Mr. Brooks that because of
potential theft and fire, and because of the breeding, he
staged on site c_uite often. She established that he had not
I_ad the same problemis with any of his operations in the past,
though the Seography was not the sa e, but that sor_etimes houses
had been closer to these operations. ;ir. Brooks noted that
there had never been any co=laint s' froRicardo or :;iiramont e
Road residents re-ardin- his presen, operation*.
,:hen as ked by Attorney Coward, :Tr. Arco'.:s pointer out where the
=..rabian horses .Vere kept and estab 1 L she: t hat there '•.'i s .1.
..e also po4nteCl OUt tale C;'aarr; areal: there was Some uSSti
to t..e .!:lterpretation of the quarry area.
'oi.vard exa,,,ined r. Erooi-s further in re;-a.'u to the horses
_ep:t on site and the stabling on si�e at hi;-
:+ ht . roc'_:s
eStabli shed that them were horse ow.lers On Ricardo a:.'.. .._r a .cnte
'c�cs also. : e nointed out his trailer = and other _ac_1- _. a.._
7,ree a that t-ese facil-Lties :could t ft ;ricross the cree'\., c� t
c se_r, erd t.at, the o-eration JJo 1,u ,—I aJly be ''rO itJlt_-.
e_" en„ive to move. :e .described his _ease :r_th :`.aisEr. Ve
i_-di cated that his box stalls :?rere�a7 rc :i::.ate� - ,r lJC f., t . o 1,
_r f t fc anc�' o _ eer_, L.1_f
0
u
Ce=issioner Claudy established with yip. Crooks where all his
horses were kept and fed and how the17,got onto the trails.
40 Commissioner Adams established that valuable breedins- stock
were kept in the box stalls and yearlin��s and babies in the corral
Commissioner Blaine asked P,Ir. Brooks if he had a breeding and
boardinS operation as well as a stable.
Mr. Brooks said he did not know the legal definition of a
stable, but this operation was the same as stables he had run
in the past.
Co,millssioner Blaine established there was an arabian breedin,
operation and that a couple of horses were boarded for friends,
for cost and feed, and that these horses were sometimes used on
the rental string -in so:re.way. c•;ir. Brooks noted that he was
not in the boarding; business as such.
:attorney Jackson had the witnesses in support of the "Stevens
Creek Ranch Sitable operation and its cleanliness and desirability
stand up at this time and testify as a Sroup, because of time
constrictions.
City Attorney Kilian noted that thirteen individuals stood up
at this time.
A discussion ensued on the use permit and the nuisance issues
by the Comte fission. A field trin was discussed bet, een the
commission and "Staff.
Cc::niisS_ioner Llaine called for summary COm.ment s fro, COth
.:arties' attorneys on the use nermit conditions plop to
discussion of the use permit.
Attorney Coward thought there was a clear violation of the use
permit, in that horses were boarded overnight, but t'r'.ey weremore concerned with the offensive odor than t,.is cint, =C- ;a _.
li'l-L reVard to a visit to the site, he -ranted the omec:anel, s
to have an opportunity to call when the smell .eras bad. Ie
mentioned the man attached to the Faust letter of June, 10`-2,
and discusses: this in relation to ur,P use ^emit. He thou..-ht
that at tl.e t1,:�E the map was drawn Li�, the intent and O^erat=on
of the use _ermit was suite different than now. ! n C'O:nclL:sion,
1--e hizhli;tshted ir. =aust's testimony.
.= ttorn.ey Jackson agreed with Attorney Cowar d, that the
tec finical violations were not as important as solvinc- the ^roblem,
he said. e observed that the curious nature of the roblem was
difficult, and noted that testimony had come only f.=. reenle
� fit alen,, the border area. :fie mientioned other ^Css;: b le causes
of the odor, and that his client had tri ed -ary tI_in�:s : ac
seen rilli^ but had net felt t:.ere :as ;ECG( Cym%un=c<.'t- o i nr-
is coepe_at-o: _n tt4_/^feed-back i_o- t':e resi :ts _e v�sc
r J� lV r r a �.
surT_-or t of c i _eld tr 1T:, but did not ,any c "--.ost O_ L _SI , e 7�1
S=tuaLL;Of1
7 e
._;�
;0
Con
iissioner Claudy asked City Attorne, Kilian about the
procedure, should the Commission fiend that the use oermit had
been violated.
:attorney Kilian listed the choices as revocation, modification,
or a warninS. �I
The Commission discussed whether or not the conditions had been
meet, and found that they had not. However, they thou-ht that
enforcing the conditions might not solve the proble,-, as there
was no evidence that the violation was the source of the odor,
though on the o't•hbj� hand, it would mean less horse hours, further
from the houses, they decided.
Jsin the 1970 map, Commissioner Adams questioned the interpre-
tation of the quarry site.
Director of Plannin- and Develonment Sisk confirmed that this
map was the only one that should be used, and was part of the
application and an exhibit in the use per::it.
Th .rr_ was a discussion on T,,therre the cuarry site was in relation
to the map of 1970, and it was deter'nined that the site was off
the map, but was a seven acre flat sPot where horses could be kept
overnight in accordance with the use perm,t.
ihei:z� was a c-eneral discussion between the Co=issioners of
conditions that might cause or affect the odor.
Com. Blaine asked City Attorney Killian to clarify the procedure
i
for a field trip, with special re-a-^d to one that viould te,�e
!place at short notice. On hearin the procedures, the Co =fission
uecided that a short notice situation misht not be _rract=cal
�omnissioner Elaine led a discussion on the use ;-era _t vfolat_Cns,
and wondered whether the Co::: issicr .,:�.nted to revoke the use
ermit at this tiMe.
Cc:� iss;oner Ada. s thout-ht, as the violation ,4ad cn1,7 been
discovered tonight, i'ir. —rocks s,culi d be `riven a chance to cCI.^ljT .
ssioner L:laine wanted to see t,ne conditions of t e use
_ er~ it T,-e`, and then gait about a month to see i- t: rs
�e Door
a aced. 'There ryas _eneral agree ent at thys-o4.nt.
won:.::issi over Szabo ,�iondered if this -aculd solve the rcble; , and
:+anted tC know if the parties f attornej,s could zet tO;etC er C
Solve_ ti e Problem with reward to une use
: ttCrne,r jac:meson t Cu"-ht that , a—ube the,,' could .,iork on such a
c! .tion, vut e ielt 1t leas a inC'^ l' rt othe total
and :•.anted to have a chance to di scut ss�.,_`:_
E-03s_tIes _n re;r-at, d to ho_'i•a-
r
Attorney Coward thous ht there could be a phased reduction
to comply with thF use .permit, and he used the aerial photograph
to indicate his ideas.
Attorney Jackson felt the quality of any decision tonight
would be affected by the late hour, and wanted time for a meeting
on site and to address some solutions.
Commissioner Claudy thought the parties' attorneys could come
back on July 23rd with a phased plan acceptable to both sides.
Attorney Coward observed th t this had been tried already and
he and his clients had only experienced frustration.
On request, Attorney Kilian gave the definitions of public and
private nuisances. It was determined that this situation could
fit under the catetory of a private nuisance.
Attorney Jackson wondered whether the Commission had to resolve
the use permit befo-re addressing the nuisance issue. He was
sure ;"Ir. Coward would not want to comply with negotiations on the
use permit at this time, he said.
After some discussion, the Commission decided to go to the site.
;,10TION: C01,11r.issioner Claudy to continue the Hearing until
Monday niF,:ht, July 23,rd, 1984 at the Stevens Creek
Hanch Utable-s at 7:00
E101.D: Commissioner Koenitzer
VOTE: Passed unanimously
The meetin was t uj ourned at 12.25 a.m.
ATTEST:
/s/ Dorothy Cornelius
City Clerk
0
FV112�li�
/s/ Sharon Blaine
Chairperson
r
PC-444
Page 11