102-Attachment 1. draft resolution DIR-2010-26.pdf
DIR-2010-26
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFFERAL OF A DIRECTOR’S MINOR MODIFICATION
TO ALLOW A FARMERS’ MARKET AT AN EXISTING SHOPPING CENTER
AT 21275 STEVENS CREEK BLVD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a Director’s
Minor Modification, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee and the Planning
Commission has held one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Director’s Minor Modification is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. DIR-2010-26 as set
forth in the Minutes of the Planning Commission Meeting of April 26, 2011, are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: DIR-2010-26
Applicant: Raymond Jerome Lami
Location: 21275 Stevens Creek Boulevard
Resolution No. DIR-2010-26 April 26, 2011
Page 2
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1.APPROVED EXHIBITS
Approval is based on submitted exhibits labeled: Attachment 2 & 3, except as may be
amended by conditions in this resolution.
2.COMPLIANCE WITH REGULATIONS OF OTHER REGULATORY AGENCIES AND
DEPARTMENTS
The applicant shall be responsible for securing and complying with all of the necessary
permits and approvals from other government agencies and departments.
3.FINAL FACILITIES PLAN
The applicant shall submit a final facilities plan to the Director of Community Development
for approval prior to operation.The plan shall include the delineation of areas for vendor
parking, customer parking, portable toilet and washing facilities and any temporary and
directional signage for vehicles. Changes to the facilities plans shall be reviewed and
approved by the Director of Community Development.
4.OPERATIONS
a)The market shall be operated within the area delineated on the site plan exhibit.
b)The market is capped at a maximum of 60 farmers/vendors.
c)The market is approved to operate on Sundays between 9:00 a.m. to 1:00 p.m., allowing
for one and a half hours for set up before the market opens and one and a half hours for
break down and clean up after the market closes at 1:00 p.m.
d)Starting April 2012, the market is approved to operate a second day on Wednesdays
between 3:00 p.m. to 7:00 p.m., allowing for one and a half hours for set up before the
market opens and one and a half hours for break down and clean up after the market
closes at 7:00 p.m.
e)Outdoor live entertainment activities are prohibitedat the market.
f)Portable toilet facilities and a hand-washing station shall be provided at each eventand
sitedaway from Mary Avenueat the southern end of the market area.
g)The portabletoiletfacilitiesand hand-washing stationshall be removed at the conclusion
of each market event.
h)The market site shall be swept cleaned and all trash removed at the end of each market
event.
5.TEMPORARY SIGNAGE
The applicant may apply for a temporary sign permit and will be allowed a maximum of
two temporary signs per event.
6.MODIFICATION OF MARKET OPERATIONS
Resolution No. DIR-2010-26 April 26, 2011
Page 3
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The Director of Community Development is empowered to make adjustments to the
operation of the farmers market to address any documented problem or nuisance situation
that may occur.
7. PERMIT REVIEW
A permit review shall be conducted by staff after one year. If complaints have been received
regarding market operations that have not been addressed immediately by the applicant,
then the Planning Commission shall conduct a public hearing on the permit at which time,
the approval may be modified or revoked.
8. LAW ENFORCEMENT SUPPORT
The applicant shall pay for any additional Sheriff enforcement time resulting from
documented incidents in the farmers’market atthe existing City’s contracted hourly rate
with the Sheriff Department at the time of the incident.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
PASSED AND ADOPTED this 26th day of April 2011, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission
G:CUPNT\\PLANNING\\PDREPORT\\RES\\2010\\DIR-2010-26.doc