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PC 07-23-841t�?G" `i'c�rrc A';7:,nur:,Cu,.ertino,0a.-9�.014. cic:rhone: (40F') 1446-21Q0 II1L'`l'ES 0`T1 E Rl:_(i1.JLA � . !.i�,ETING . 07- -mF.>, PLAJv�1II�G CO,IPf!ISSION lit LD ON JULY 23, 1984 'Phe `I•leetin - -was called to order at 7:30 r.:,;. at the Stevens Creel: "anch Stables, ,=tevens. Canyon Road, Cupertino, California . rIIJLL CALL Commissioners Present. Commissioner Adams Commissioner Claudy Cornr�issioner Yoeni tier Cormj,,issioner Szabo Chairpe•rSon Llr ine taff 1=re-_�cnt: Director of Pla.nn.ini & Develop,.:ent Sisl: City Attorney Kilian CO::lII;UA^1IQI OF PU;LIC iiEJ1RII:G Cop . 7_aine called for a guided tour b .."Ir. Brool_s and Attorney Ja eJ: 'on of the 7table facilities. Attorney Jack -son c•aid lie anti !rir. L'rool:.: Would lead a. tour of the of fic F� area, clesc;ribi n�� the operation, then would continue acruss th.c brie k over Stevens Creek- to the area in front of tl:e quarry and finish at the civa,rry area. Cons. Itoenitzer and Adams noted jtihere the Rancho Deep Cliff residences were at this point, and that five residents who had been concerned about the odor lived at the tor, of the hill above the office area of the stable::. Attorney Jackson r•ointed out the dumpstcr and i+r. l rooks clescribed the ;%anure-ba.gginr; and pick-up and the sprayint. operations. !j_d<<^s established with Mr. Lroolcs that the hill in this a �(,a 1`,ac'i l)een torn up l)y squirrels. Attoi,nE:y .1�4ckson asked i•;r. Prooks to describe: the use of the J cii here, w,icli Baas for sick animals. I ;,rool,.� descril!cd the feeding and Watierirl% Of thE' horses, and }yen and where this took place. The tour ,Storrcd z:cxt at t.r.e th_ ec boy: ,halls, hcuyin_; three -i.rabir:.n horses, and 'Mr. Brooks described the bee dins, floorin,.: and the cleanin,_, i,rocedures here. e.:t to th l;o;; -.t ,l].s w t,7 a holding; coral, it present holdin , a hop :,c reccntlly E;c lded., said ,ir. F•rooL; . iie advised that hors.c nor- :ally , t,:: ; r 1 acrc ss tlhc- creels :it? tl_e othcrs, but; r:.. hr.d !-.-(-en -`_vi -1 trouble. r. - ar, e l I -44�- e _ Cir?f�Cs.'1.r.'PCi t=lCkinE oT'PPI'Cit-LC`n " - , (1�••- i•dhich C:1�'"`E�''P.••..e'Cl 011 t `;i �� �.l d'•.,i � �� ]'1 : �.i ��: � Adar:s determ-inecl wit., ;ir. Ero ks the number of hours the horses were out wor°king; opposeo to how :::any hours .they spent in this area. ,r• aske(A the representatives' of the rancho Deel` Cliff i olneoi•.•ne;'s Association l0 describe the odor at this j'oin!t. ir. Vr�.r o said i,e :::clt z), stable odor, and ri dest„ioned, ,paid that it � ti obj cctior: able. i,rs. Clayton said it was the' same odor they could smell at their house, and i_t was at that str,en,-th. The Claytons pointed out their 1"iouse . -It was ri;ht above . Coin. Szabo asked for a CILIS i ficati'on on a scale of one to ten of lio:. bad the odor v,,as at that; :,loi:,l'e•nt .' volunteered that it was, aprro.cimately a three and fairly 11-ht . rs. Lyn Faust asl-:ed r. ?>rooks about the loaded pick-up truck she had `een on the nre.miSes that afternoon. :r. rool:t e:.pl iricd that he haulcd manure to different place s, «lad tl:e trade todLy had gone to his mother's house inhere land - was bein installed. COTi. I'laine confir.:-;ed with ('-[r. Brooks that Manure was always taken off the premises. > rodlcs described the daily clean-up ;loin; into the dumpster and the iiiajor clean-up -oin off the Premises. ile and Attorney,- 7 ackson confiri,icd that a. major clean-up tools r•lace twice a month, in :ecorda nee :vitl: l;;,c conditions of, the -use permit of the quarry site. Coral. Adams wondered if he had understood rir-htly that the Rancho Deer Cliff rer;resentatives t ou;l-ht the smell near the dumn:,ter was objectionable. The rerre::ente.tives, established than it was not in stren�,th, but in tyre it wa . i-'r.and I-,rs. Clayton adviseci that th'ere was no odor at their house torii�ht . �'he tour Troup walked around to try and nick up the -odor that ,;r. and TIrs. Faust had noted earlier when they had narked their car. ;\ ,efore th -rout crossed tl.e creels at the bridge, there were - -in fro:a the homeowners rerres�=ntatives of an odor comin,,- :in viavcs. Iilrs. 'Clayton an(i ;•ir. "gar ;o said that it eras eltir3ive. 0 • ,,rs. Tau: t .--A-.,! ;�.o--c and 1,r. i.a^ooi::� adtviscd tha.t tizF..y co,llc,cted around north. Jefore UoinE over the bride, Ce-n. Elaine decided to go to the creels to investiate the conditions and odors there. Attorney Jackson brought up the point that there was a foul s,!iiell in the arec; ; ust below the spill,Na y of the da-,,. ne thou ht this should also be investigated. lir. "'rook' confi.r,;ed that the area. had a foul stench, as one of his trails went up there; also, the purl: rankers had told hits about it, he said. Iie thought the Commission should so there to experience the odor. He remarked thatt-he condition of the creek had worsened since the reservoir had been pumped out. irT.. Clayton wonder. eel if these odors were characteristic of a stable, since the odors they exrerienced definitely were. l.'lainF established that the odors the 13ancho Deep Cliff hor:icowners were experiencing, were similar to the odors they had encountered just before crossin the creek. An odor was apparent at that moment, and r"rs . Clayton said, this was exactly vlhat they could smell at their house, and classified 't; a : three or four. on 1calc of ten. ®. Cor.. i:laine, in an(Aher ..re -a just bef orr the creek, notc:l a. mild, version of 'h — sa,:;e s;rell. in the area acros.; the tree;: were three pens, one containing f! ,-- babies, two of which Y',r. Drooks said were sole:. Com. F:oenitzer confirmed that this area was not the quarry area. Ir. Vargo had interpreted the quarry area to be the hill in the back --round. Director of Flanninr and Develorment JZJk established the quarr;* area was behind the hill. ;.lr. E,rooks explained the function of the three pens. Coy,,. Ada;,,s established with 'Nr. Brook,, that .he dig: not lkeep any workin- horses in this area, ancl that the area was cleaned, twice a month. He described how this was done and where the manure went. CoJ�. Claudy noticed a, fence that was down, and Pir. '� rooks advised that the pen had not been used for four --ionths, prior to that it had been used for other horses which had since left. Attorney Coi•.ard conL,,ared the area w.0 the r..t:�r.�. Comi. Flaine headed the tour towards the quarr.; area. She aslked ':rs. Clayton if she could smell the odor here. I rs. Clayton could not, and reiterated that there was no smell at their house this evening, and advised that there had not r 4` T a,re on ':oen itZer a6 if , at. thou (, ti :e.t, . representatives had C-445 cc:.,e ctoi•.n to the ..tab1F�'s to inve.ti Z ate. 1{ virs. Clayton said that she had never been to the stables before. Mr. Brooks comm,..ented that at a Rancho Deep Cliff Homeowners meetin.-, representatives had visited the stables. At this r:o.netzt, a noticeable odor i�,,as observed by Coms:l;laine, and KoenitZer and. others. As the roup walkcd into the quar,' area, ir. Brooks described the two trails leadin; out. Con-. Adams noted that 1,1r. ;;ober�'s house was the closest here, and was about 100 wards away. He established with Iir. Brooks that the water tank here was not in use. A . ":rooks cautioned not to ;-,o to the c'dir;e of the ,crevice area, which had been },norm to give tva.y. Con- Adan:s established with the Rancho Deep Cliff homeowners I that the srr:ell was zero to one-half on a scale of ten at this point. _ . <.ust t:,ou ,}rt if the odor was restricted to the level e::r e° e rice;--: her- it t,,;c,uld b(: s<<ti_sf .ctor� . Ada:r.-c a okecl for a ic: erir ti.c;n of the ele,: n-un in tLii s m: ee a.ndi 1•:r . t;rOOl•:t J' ' Il lo.-... Maine established :;ith T,, . _'.roof:::, that the load of m �� � a �anul�e to rn off the: rre;.-ices today had r.ot come from this area,- and that it had been last cleaned al:proxiriately two and a half week.: bef ore. rs. 77aust anc ir. -Jar�-o noticed odors In ;•,a.ves in this area. i Co:li. Elaine decidc.cl that)the Cor,::ris Sion should proceed to the dar; area and investi-;atc the -odors 1': there, and there ti,:as LIGrc.e-i;ent on this point. }Ietuz'ninr�, in the area of the thre-, r peris near the creek, Attorney Jackson indicated t}le are : behind the.-i and up the hill :here the fire .aentioned at t'� c ",eetin� of July 1c,198'i Gt a. r t era. Co,:. F'laine .,.,anted to lrnot, r,herethe purl-: land bean. iir. torn; Gilbertson, Plant "•}anar-,cr of Kaiser Cemuntt, advised on this point. Across the creel., and about 10 ft.'from the front Paddock, a ;,tronr- smell wat.> noted b; attorney I Coward and others. 'h,e Co;;::: fission }:aincho Pec--r Cliff r��, t�;r rs stable :o �0 1F �t�_ble owners, attorneys and staff vent to the area of the dam in private cars. Arri'vinf; <?t tl} e � of the C« 1, the %Oi in 1,:..: 1Gn deCiC1E,C'l t0 ;U Ciol','n the hi1..l tU the ,i illway to ei,per'iEnce, the odor there. It was deter,:',ined that there was a very strong, sulphur-li1le ;ell Com. Adams establishedvith the Rancho Deep Cliff residents that the 'odor was" -an occasional one at their residences. fr. Vargo com.nented that this was his understandin,, of the odor ;`'r. lober hr:ci exr::erienced.; a. cher:lical smell. iie himself had noticed it occasionally near the wolf course. Co:_,,. %laine established with Air. Cla,,,aton that he had not really noticed this odor. Com. Adarls confirr ed with sir. VarF,o that this odor did not occur ever. five T:ercent of the time that odors were perceived. Attc) °,ne,y Jackson had smelled the partic-ular odor on De "Anna Circle and 'near the creek at iyicClellan Icoa.d, he said, but not at this strength. . The group proceeded to Rancho Deep Cliff in private cars. At 11 a echo Peer Cliff the Commission noted the area of the stables over the fence in the vicinity of the houses owned by homczGernert .•.ho had had i.robleris ,, i.th oc,ors. The orientaf=.ion" of the creek i_nd the -olf cou.r:,c was also noted. i,,rs. C —tyton confitr,ed th,1t the odor was zero at this time. ,om. 1laine noticed a cesspool odor opposite the Clayton residence. i0r. Vargo confirrled there were t.•;o houses witYi sump pumps, and that h.e had ensured, when there were odors, that they were not odor., from, the sup::;. pumps, because .,c had come to investi�,ate on several occasions. Coral. Szabo also noticed a sewer smell near those residences, he said, and in addition, he noticed a. forest si:lell. Cori. Llaine innuircd about a decision or a continuarice. It :r :s tYlF- consensus of the Commission that they would prefer to co; e bacll: to fiancho Deem Cliff on another evening; to exnei:`i(:nC( the odor, a:; there was none on this occasion. After discussion between the Co:rmission, parties' attorneys and tiff, it i-,Ta ; decided to continue the iter.: to tllc next Flannin`; Co:,imission Meeting, and if the odor �•ras not present at that ti;ce, to continue- it aL,+in for another two ;aectin ,.s until an odor ;eras T. 1r rej or�,L ec:. r�� be the rancho Deep Cliff :.cF'eo.•mcrs Association Or their attorney. It was deter:;mined that.a final decision would not be r:iscfe at time i,-eti.nrof !'aSu:;t 11OP4, �_ovrever, and after th t, it :o'ak; de,,,cnd on the length Cf the -_,; ;enda. Pale� u t'f1 _'CF,' t t11Ct USE T T';:ij t, COi: .'.CCI;,ilori ,..,.'..E:F c_t i OE,tlri_ o" J11. on t1le USE' ?'Eli'.:i.i.`- ot,.11c: follow invt of the nuisance ls.ue. Il0`fI0 ,: Coii. Clauay to continue t] the ;;ceti.nE., of August 1?, ) C0 D COIi:. :ZFIbO ~ V0TE • Passed uri;�,.nimousl,a he . ora-,is Zion a.nu Ut,.�ff left Itancl and convened in the Council Chamber �AL.UTi TO TII1s FLAC ROLL CALL Col.,missioners Present: Comi—iission( Com'missIon11 Col Imission( Chairr2ersoi CG;n:: i....sioneI,s Abs,ert . CoI T:ission( Staff Present: AS-sistant 'I City Attorr Com i;laine e :r lair.ecl the l _te arr= City I all and thanked the audiencE: 'APPii'OVAL O ;1i1';Ul'L' �laj.nf, te:r, teCi tl'.f' 1G , i.e'4, tllz:.t the cecisi.on e.ti .tion and dctermlination ie F ublic LlearinL until 1984 5-0 io Deep Cliff at 2 25 p.rrl. n 9 Ci t�7 Ball at 8 1�-�:.. 2 .I� t �r i:oenitzer r C1•audy ,r Szabo I Elaine ;r Adams 'lanninrr Director Conran iey Kilian vt;.l of the Coi ..;:1 is si on at for beari.n.- -vvith thei:i. The Ninutes of the June 13, 19F.4 Flannin,_, Commision Nteeting, were 11 ar;1"1roved after thr., f oll.owiri correction: Page 2, T?enul.t *L;7iate i ara;_;raph, "cOilSerFus" to read "consensus r•l11'"Or4-.! t1'1e TrC. 'I' Oi lot .iOTIOl?: Co.-,-,. Kdonitzer to approve 'the ;-iinUtes as araiended. FC01:D : Corl . Szabo VOT 71. PassE>(: unanimously �I-C (C,um li:;sioner Ac:a :s s aben ) 'I'he :!inutes of the JuIv q, 1984 P1a. ninf; CCII'•:iis,s7on 1''leetinwE re �?1'CvEd. ' 101I10.: Coln. Cl<<1. ', to i'.ccept the '';:inl.lte's, as sul;i;:itted F',a3seu unanimously, 4-0 (Co:-.. Add-3:is absent) A.CH--1D Pi 1'I-) �.`�;: 7 �:t;:?'lt rl�il"1rI1.n` ;1irPCto" C ,•a � .1Tr-i � •pll -' c ItC''::' ,-.T teen '_i-er,ur, t to cont],--. Cu-, li E 11 is T� ... �: i_Ll'_...'�.'._ il,-.� Lc'.li.l'1i ..—�_�I'1-7�' (.'l,l i—_ i—C• 1-,!i f,;'1t' .=r''1.-L.: -; :JJ" :�U'.U;;t 1 1t")ir.r•..cen tzel' -di,✓�,. �',,;.:,:.,t;'Ci lilli:'.r:�2:!pL25� `� 4-(j (Co::i. A(31_.:s absent) ^. .Utter froii, �'ir , . lal,,,c], rei�i;.rd=.n�-L,--l.l 4. liccaion C-Z-411 of CITI 0' C?Th)�RTIl;O: R"ZO"DING ann rox.-_�- ,E'1 6 rO.at a CrC. i U.:. A1-4(Ar;riCUltL2 cil :teS1dE.'27tia.i, 4=,000 so ft. 2. ir2im..u:o lot s.i.ze) zone to rl-7 � (I;e�_idential 7, r00 so.1't . rani_ 1u°_. lot, ti,i_2c) zone or hateve'r zone may be de.e_ned �lrnro1;riatc b,:l the Plannin,; C;�L rIeJnvlor.::,_sicnvIi;-1- rcr2lIlE'n�cll I�eV�E`,`i Ccin:aittee reccilmcnds the Erantin` of a '1 e<«tive Declaration. `'he subj ect rropert"Les are located along Larry V,ay and Eandy Lane, north of 11erritt Drive and "lariani Avenue. Yirst ITe�.r`in-•. i'entative Cite Council hearing; date - August 20, 19'.4. `' ' st�ar.t i'1�3nr1n� DirecI;c)r Cowan out1inP-d t1,e :.,taff rE't Ort ;AnCi tcs - i 1i.�t;'�: the rct_;::or:s• for rezonin`;, lie note:; that tl:e had been soi`.i individual chan,;es Oi' 7onin!, and so.,lie, varii_2nce recilests in the -rea. IIe car;2rliented that he had found residents valued their area. as i'- was and ,-,,ere not disposes' to a c;-2anr-e. Addressin- so;�e of their concerns, he noted that the setback: differences ,.'ere e;.plained in the stef 1' rcT�ort, teat the second ,.knit provision i�n the I'L-1 zoninC 1,,,as State law; and that residents' property taxes, would not be affected' by such a chanL,e. Cole. Koenitzer establishce' that the area aid not presently conf or;n with the Al-43-onin�, l,ir. Vincent 'r:em.ble, 10601 Larry;�. ',a», stFe .ted that thresidents raanted to keep lar ;er setbaclt_s� than rl zoning; v.ould allow. IT obj c:cted stroni;lk to a reduction i_n lot size and to second units. lek'oi.nted out th,,.:t there ,,.a.s already sore rental abuse in the ne.i;I-d)orhood, which was presently controllable, since it involved illct;l]. structures. He 1:112:s also opposes: to a reduction in side reLb.Lcl' s, encl believed over 9F`� oi' hiss nei�-hbors aEreed vrith him. r. i_1.11am Andrew 10600 Rand-r Lane, wanted to have the reason for the rresent zonin - clarified. Ccr::. Elaine explained that the City did not exist at the tine ® the area was built, .so the area had been zoned by the County en,i no,: had to be zoned to conf orm Frith t-c 'City. F�i '-)i4� e 7 4 (D 1:",:- s :1 o n 11 C. (.i T, 1-i 17 1 z r r i - t I o t t h t I.- c) !-11 • 1 t-- bEl v c r (-. (I t}IFS ons tile. 1 r e i i t z o P, -rl n e r'CC� S E'10572 RLa. r,.' 1,Lne. ,%,a s concerned L_-bout second unit 1--rovision. She he c reporter a problei,-, ol- i-_-ullt i-rentals in ',he neiJ!-,11;orhcok_l,, le.nu nothing had been done,, u e s t i o r E-:. (I -b,7 t 11 c C omri J_ s 4 cp , Ps:-- 'ant 1'1cLnnin!­ ­ Diiec'o- sald he l%-i-� of' the 1"i1L the code enforce -lent- off _1cep: wa.E' vlork-JML-, on �it. L the ne,.-i rent,!Ll unit law that applied to a.11 :-"I zon--*n,,- and how it had come about. CoC I - au(ly asked L:.jtaff vjhy second units were not al-lo�.-;ed in the Al-43 zone. r' 4 t _l_iE-,n �dvis t eC.; that residential zones T,,,a�:, oni n r E,s i thi.,-, renui.-ed, anul there.'orc the State 1 a. w would not aT--.I-,3.y her(-. 'hcre v;as �� c1iscu.,;sji-on ao to .,,,hether A171-, should be brought into con'or,mance with residential zones in this regard. i-`archese, 10-572 1.andy Lane, ;canted to know the zoning- ortions . h c ant' dLiscussed 'Lnd exclained thel,e.. . 7.1 a j�l C r he ce za ske U` i 'L all TRI zones, � v.71 -;atever the minimum lot size, had the same setback require.-pents. Plannin- t-.ssistant Director Cowan confi.-med 7 that they did. �.Ir. rche s e -,,!ant cd a d iF'f ercnt z oninE,,, t o ret a in the se�b2.CICS tho,17 had. Car.--i. 'Jzabo thouglht there would be problem when someone vianted to e.xpand or iiij--rove. 7 Pr. '.'�arch(­I-e mentioned the varian—, procedure as, a way Of dealin.- 3 with an,, 1-i7oble,,:-,s,. L r-ave. the 'PlannilnF, Co".1MIi s­,ion s noF1t- ion on variancc. s. r. "arold 'Tuhn*�;on, _1 0. j Lam, 1, i n t e C, an explanation of Grour care holl,ies i-kentioned in the l?1 ordinance. Cit:` Attorney !`,`lian stated that this Mate law. was, in accordance with C07,. Elaine described residential Care homes, 'hov; they came to e,�,ist in residential no-i -hborhoods c n (�, what the rules, were. i_ollu joll-ins-on, .10071 Larry'�-,'ay, had a nuestion on the ljordin- of 1-.1hr Ar'-n-lication, which `,'lainr addresied. i •, r. �iarchc(_i =i.f �-� �:�_;. r•o..__�, _r' to o..._ the �:•.u_ .e7 , i t'J ^c-• ',:;Il'lE;'ti:C'_' tI!C', e!I the zor7in" ].C'f t . ,here was furt;-ier aiscU:; ,uon and c :r)l�tnations about variances fro]., the Commission. 'Marchese polled the audience. There was a lar,r,e show of hands for the -Lenin- bein-; left atone., and none in opposition. .'IUestione C: the needI for a.-I,,ariance to build a two -car ,rara.r'e. Coii_. '3zabo e.:rlaine- thi't a variance was only needed if setback, reruir; ent s coU d not be r:et . Assistant llanr_inc- Director Cowan thou,-ht there woL.la be 1'eC 1.0 s t s __'oI inil. v idual zonin Cilc 11_;` i r C^.: the area if the prC.:C'nt zon4 r,r- v (-, 1Ci t . viE:rItPd r: p ;'. l 11;G1 of s ttli: ; to lorf= t _E: 'C .bi_].it TiiaF;I' iCt1 ].C'_'._ TH1t!:ln the F.1 zones, since T'r`hc tE VE r �1ZE Of ill zone they used her E , the. setba.c?•, •. v%oula be tile. sar.;c. `Whey re4lizea t1:at i f ,n-, th-Lnl,-, other than starclicard s(-tb.acks rrere to be T1;•ed, tlh:e present ite::l could not be rezoned at this time, ^.ince a ne:1 orC;ln:lncewould hl_ve to be passE:d. to tl:ccia1. tre�.t::r:ent, and felt rczar:inJ 0L1�C: Lie %'CUE'?.tC't;' PVCP tl.Lt11-v. za.bo su,;"eC;t eci t11.,.t t c re ident s Ui�;na covenant. IS T Attorney i.il ian ex;: laineu � ri.vate covenants. Assistant :Tannin_ Director CoT•:an a.Clviscl th,_A the City dici nc•t rcvicT' covenants �,nd restrictions; at thr t4.;: e of issuin ; a per: it, •'�i'. .1Ci fil-i.Cn C:4 r:t iT T'roac 1: .s fey'_. sib lE.: . C + r I' el r r ;' ` C C 1 t"eatment . The �ln i diG lOt C tll., F E' r ir1L fCr `_1 iG 2.onir. caul(, Just be left alone, he su_;-e3teci. `,I'. :'7-1.Cf: Ca li'bE 11 tiC.11Ci the r ESiC.entS 'IL 1tE (i the same ,).s they had F41-a j'.., had amI aid not want to be moulded to conifor , with t1,e Vest of ti].e Citl . ;C.rch�:,.c: .:•ul:ported h:i,: sta.te:;ent. rcr,. CTauci said he Teas inclined, to leave the present zonin`,. City Attorney 'Kilian felt that this would be inconsistent :'Kith the General Flan -of the City, and that some deter: --nation had to be r,,ade as to consistency or otherwise, since if it was inconsistent, at :.o::le time a. resident could: Co to court to change it. i'1�` ne T']a.nted to create ]sore f_1_e.:ibility in tI e F1 zoni.n L, •~ 4 is i'• a e C7