The URL can be used to link to this page

Desk Items • • • � � �� 10300 TUKKt HvtNUt � LUrCK I IIVV� V�"� .yJV IY'JGJJ i � C U P E RT 1 N O �' 777-3308 • FAX (408) 777-3333 • lannin � �rti�ho.or ,.✓ , . 1 �� i .� �� , .,; � '"�� '",` �.�°/ l�.,,�� .r�'�+�'�Y ..JLr.��.�'�' � ± ' �'�E�!�1.�'�i1,.� -' �� DESIGN REVIEW COMMITTEE STAFF EPORT : ,J � ;-�' �'� r��'� � �/�'�' %r��r.-� �.r�'� � '� '�..� � '� Agenda Date: March 17, 2011 ' ��'� Agenda Item No. � :� �`'�, ��' Application: Referral of a Director's Minor Modification, DIR-2010-26 , �� ,, �j Applicant: Raymond Jerome Lami Application Summary: Referral of a Director's Minor Modification, DIR-2010-26, modifying 20-U-86, to allow the operation of a farmer's market at the existing Oaks Shopping Center, 21275 Stevens Creek Blvd. RECOMMENDATION Approve Director's Minor Modification, DIR-2010-Z6, based on the model resolution. BACKGROUNDI • The applicant, Jerry Lami, is proposing to operate an outdoor faxmers market at the Oaks Shopping Center on Stevens Creek Boulevard at Highway 85 (Attachments A& B). In 2000, Cupertino's original farmers market (managed by a different operator) at Vallco Shopping Center was approved by t he Director o f Communi t y Develo pment on a tem porary trial basis. The market proved to be so successful and popular over the next two years that the organizer and shopping center owner obtained a permanent approval in 2002. Currently, the Vallco farmers market operates every Friday from 9 a.m. to 1 p.m. at Stevens Creek Boulevard and Wolfe Road. The proposed new market at the Oaks Shopping Center will operate in the shopping center parking lot in the parking aisle along the Highway 85 sound wall (Attachment C). According to the applicant, the parking area has space for 100 vendors who will be offering products such as: fruit� s/�ve_getables (Department of Agriculture-certified), baked goods; proces�se�d� foods, claix� items, hot foods and als� o art and crafts. The a licant is ro osin to start with a Sunday market with opening hours from 9 a.m. to 1 PP P P g p.m. Typical setup and clean up times are approximately 1.5 hours before and after the operiing - �--__._ �� hours. � The applicant plans to expand the market to a secon day on Wednesdays, st tir�g Apri12011. The Wednesday market hours will be 3:00 p.m. to 7:00 p. -= ,� i � �Ia6me�d �ar�ag�xn�nt � In,� 1�550 nak Street � Saratoga, CA 9SU70 ' 40&867-7490 TEL • 408-$G7-7982 FAX � I � March 3, 2011 � � � i Oaks 5hopping Cerrtcr T�nants � 21255-21275 Stev�ns Creek Blvd ; Cu�extino, GA 95014 ' . ; RE: Propased Parmer's Mafket �t the Oaks Shopping Centier f , � Dear Tenants: i � � �lease bo adviseci that T,�andlord has beeu in comomunication with West Coast Farmer's Markets, ; whom is interested in eshablistring a farmer's market on Sut�days. Hefore the La�dlard gives their � apprnval fox the farmer's marwet we would like to g�t your opinivn an dx matter. Please see th� ; attached email from West Caast Fa�mer's Markets as w�ell as a site plan showing the location of the � 1�Posed bnarke�. � We feel that tht fatmer's market will be goad for the cente� by draroving t}� much needed foot traffic, ; b�rt, ultimately, we want to do what is riglrt fnr thc Cart� and its valued t�nanL�. Pleaso sub�mit yout ' replies vis emai,l to me at hl�a. homc�land g�m by Monday 3/7/ i 0. I Best R,egards, : �Ienry Lai I I � i � ; � I I , I � I i I � Hen:� l.ai i From: jeny lami [j�rrylamil6(�gmail.com I S�: Mo�day, February 28, 2011 7:50 PM To: Henry Lai Subject: letter to tha tenanis Hi, Please let rne introduce m�+self, my name is Jerry Lami, and � am the Executive DireCtor of tht West Coast Farmer's Markct's. We are a relatively new company, but have rnany years of experience worki�ng within other �� 'armex's Market's. � am a graduate of Saint Francis High Schaol in Mt. View and the University of Santa � Clara, �with a degree in Marke�ting and Mana�ement. I have gain�ed a huge amourn of knowledge as a produce + manager for Lucky Stores. f ; � I have worked �+vithin the Pacific Coast, California, Ma�rim, Urban Village, Coastside. And South Bay Farmer's 11�arket Associations lcarning atl the ins and out� do's and don'ts. I bave sold choest, oiives, raviolis, dips, crackers, butter, curds, qua�rk and jewelry just to x�me a few c�ttgories of items � h�ve pecsonally sold at the � markets. � � � : B� years end we sk�wuld have markets o m C � We also have other mazkets pending itn San Matco a�nd o the Half Moon Bay C� limit�.Half iNoan Bay. . � � We are very excited to offer fihe City of Cupertino and the Cupertino (�aks our serviceg, ]t is our hope ta i �pexate the market o�n Sunday 11�torning's fro�m 9-2, set up wiil begin appmxunately at 7:30 A►.11+I. and clean up � wil� take unti13:U4P.M. We hopo to be a huge draw to the shappi�ng centcr and will have wer�dQts supplying the ` fol�owing goods. Farm fresh produce and fruits, dairy i.e. cheese atad fresh e hone I 8�, Y, PY'�ssed foods from o�rganic veggies such as humus and olive�, baked goods, includin$ breads, pastiies, cakes, pies and freah i cinnamon bread„ BBQ com, roasted chickens and BBQ t�r�i-tip. We would also like to offer fresh cut flowe�rs, � potte� Plants and a EaEegery of arts, c�afts jewelry �d pl�ote�gea . : , � "We truly went to be a welcorne addition to Cupertx�o oak aad look forwarri to working with you this ventu�e. I assure you all, this as y�our shopping ceme�c, �re are your guest. If you would likk:e to ix a vendor at the market yau will be welcome vvith open arms. yVe wil� have an information booth that will be manned by my staf� Y wiil distributc and �m,mote your busin�ss r�vith any and flyers, caupons ete. provided by your business. � , I Be �ware it is our plan to supply the marke�t with Portable Patties, so no one will be twn�ing in and out of your E busxness. Also alt aur ve�dors will be requirod to carry al1 of theu trash homt �ith them. Our market manager � will not leave the mar�cet until all t�rash has been pio�Ced �p. i I � I � i ; � � �� N� � � �,a�x�Vv� � '' fT�C�'' a�,`. a�i-�� , "Q :' , y . � � �. � • A+�JI'It8f1�811C@ ��14�9 ' l ,' - /`� 1�►O �� i �� . �� '�`�� . � �, i —= �•, ti � �` . " � �� f •-� � �. ti •� .� ti ' . �. . -- .r- �• ; .= ', ; " �' , 1 — -/ , _� `�,.. -�1_� I � a 1 � � � �`� 1r ' � �1 J " � L �� : �� "�IC�Jh1Af�jt $$ � � � � � - � t i - i " i r :• � \ : ��. _ �U - Utll�ty Room L!J aS� C b ra �}- � r4rr.w� �r� S �t�� 3 �� V �T� � `rG� � Merrzorial Park _ �i r _ Ods Mary A�enus r- 1 , �' '` -� V. �� i �t .. �.�_� l � � yl jt � - - ---- �ii� St��e�s Gr�eek Boulevacd ' ��— - - -- - H"O 400 6l0 fr�p � � • 91u�LiyLccio� C� � Dir�oe spri.� � � � � `�. i A�e°y' Wdl' t � . US�t Dbr ` � 't / •� �� . � � � SiQ ' n.. / � a� � / \� � `� � �..z..F -.r�_. -,�'� T.aa�. �� ' � �` / � ._..._..... , ` -'r•s-•-�.:..�..,:w..y...y�..�,.._*.... --a---a_..e.---�--a..--'---� --.. . !• ' s.-•-L--J._.J.. , � "r.. -.-�� .�� O � � ' � i'.� 1 ' �..'.��. y-"'�-- • i _ \ t . t - i' - "i ---- 7 -- •y--' `• �� a K � �� , t ;� � �� M � �` r � �� i ___ � F � � .� : �� " � ¢ i �.� ; �� , t1t1t�11tt�� t. '' ! �, - �y,` nusn.�. �i � II. F i � S'i1e Pkrn Customer Traffic for 60 Vendor - 4 Hour Market Non-Peak Season Peak Season People Coming to 60 Vendor Farmers' Market Numbers Provided by: John Silvera, Director, Pacific Coast Farmers' Market Association 4/26/201 y 0 500 1000 1500 2000 2500 3000 V' � ' y �' �� # t � y �! ' y � � �� :i � y *� � � � � � . � � . .... „ .�;.;,� �"�"" t....� ' ,� i !: � ; � ; � i , � M �� R r ,Y � ... ,.... , � s � Y1 `� .� . , . .........r. .. . ...� ...,. ....� .,: .. .-,,.,,�., - .,-•- � t- -r.Wr�q7�a9°ryn*�ew ., .,. � ,� _ �,� � . � �.. . ��; j � 'n��.n �� `�`� ' 4�,f. ,(� ..� .S � � .�i;s� �`.,�, �( , � ' . : � ' �. � 5 "d+�. N i: + . . � � ('p... �, �54. : • � � r. °` >'=ar , - � . . x�� . � � y ,��:` � . . 1 9 � W' �� R` } � .�ri�� .. . . � _� y �, t �� `` , :7� _ � � �� ` , � �� ,. �,. . ��`,� ,�° `,� r�: � ; ,�y . � y �" �'� � w ' +, a . y �� vw � .�; �„�'e +�k' w s,.+�1 .., � .�...�.� � � `�'� � � qqq �*: - � �q , .,� i � ..v e ,�' � � 2 £ '. . � �.�'. e . � !� � '�� Jk�: 'E a 4' �� A �� y, � �.�� *; �# � ., . . � f 8 � .p� �` ' y, • � Y ��. . � y1 r : - : y ,,} �` _ � • !M� � ,•� � � � r � � �'� ,�r i .. . � �� y .� � � � � S � � i� � �b' ` "��" e'Y ti . .i� , °� � . ��# � /f � . � . . �M� ' � '� � �,:, �,� .. � .� � 4 �� ." � r � "• j ' h�'r�. � �S � �` � � � � �. ,s °��' `. i, � * � )'�� '$ . . ...,,...., .+ � .. � .. � � '� . _.1 .�.�i-.. .. � � . . � 'm`...,. .., " �' 1SF wn,�... . ,. F � t � '�' „�� . S �� L � i � �� Line Pad� '�� s� Measure the distance betv�reen two points on the ground ��" k• � � r� ': � �'. r �� V .. � � � ,�� Mouse Navigation 5ave I I Clear `` .�,. �-.� � � .� �-� ,�� F � �` ��" � f �. µ � �> � �° ' y , �."�' � �� : �, `," � � _ _ .� , � ,_ . r ` :,"�n �x, u ��i,�,a: ..�[._:E;? ,. r r ,�;� �� 7, �� ' � . s�� ,, y � - � � � T'� �ta+a ..��. � � �"' � � `�' T. r �.. � �� .. w �,� ., ,�� x:� � ' � * � f � r.. � � ` r � � _ �,.., i,� .. .._.. W.��:; .,..�_ .... .. ,� � y e �� ` � � � � }: 4 i � �,,.�, _�:�., : � r , �`x::: � b !° � �� a t g � I ' &;H , : �"'n' S� d ". ,. �� . 4 � � � �'' y � y� �:.,�. $ t r. � � � A � � � ;t,E�+ .. ., �' + "� «� ' '� j. ' `�.. � ...k 8 �.ip . � ' �� '�: � �: � , , �y� f , r � ��'. ....,�� . � �`�; ��,�, ; . :� a '�.; ��. . � ��='� s � 4 � . . ; � �� '�� - . ;� . ,+ -* �, ,�'�►. � . , ,.. ' > r ;?� « s,. v�n'�. � �, � � � '�� k . . ' . "i ' +� .i� ,� f� r .: .. i � 4 � � i � � 'I �•�. .. �,3� , SB� � , ' . , .*. 'id i � ��_�� F �� "� �, . ��.s ��#n�� ', � � _ ,_ ,, . , . � . _� - _ � :� + _, _ , : `� ° c .� .. . _ . .. . . T _ . T _ _ . __ . ._ . � �r • .. - .. . . . A I: •�. "i6 ��V � - ��n�` y wr . A � - " 3 ��w ' � . . f . -�yq£ . �' y .� ,F, �y„ .p� s..�� ., il" �.' C�� . . , tie�:. . ' , .'It. ' .� � .: � . +a. f �.. �al� - ' i ^ . . �.� .,. . �. . . y � t a+" ,.. � _ � . . ,... .... . ... ,.� . .. ..,. �,.... , . ,� f � � � .� .... �.�'�� N' � +iw 5 ' "' ; ' � ..'�'' ,a „e� 5 c ' i .�f 1 � , -�'� ��_'.' � � y �� ` � f � t , � � ( ' , e f �� '"' ' �" � �, �� '�' "� �. Ar 'rr � � � �,A �; . . ,�� a ' !+ � �� } � � � ��` . � �� . . � � . � :. � �' ` � .. .. _ . �.._. .. ,. _ u. r. } . . .. i � �. .. � ; � .� i � . � .� � e i l . �� ` 6' � ., � + ^� n y�� A` ' � . • ,. , .. � �... �'�t-. � �ris . . �! � �:: , .. w� ' u; . °� � fi . ,�. .� � �' ti .. , yk � ,. . � � �� ' ,� . t ,., .�^. _ {{{ . � . i Y . i�. 7E:�. .,.� � . . .. .. .. � . . . . . �!; x _ � . � "� � Line Patt-� �. `�� "` '� � � "� �. � '; � � ., �.� �� ;. t' �;- : � .. � .v r�x::�:� a .:.t� �� P•�lea� thE c�istancE �,etvveen two �ain� cm thE ground � °,`�" " .. ";: ,. ; < ''�"'� , �rr'"! � � ' �. .. � �� '"'� �" . Length: if 1.63 FePt Y �'',.'. � ��"'. °�'" s��. x ` N � A � Heading: iSU.t�3 dPgrees � y,� �:, �' .� � � ,� � =, w g �� . : " : . , �' �*� r ,� �.,,,e�'• � „ � � , � � � � }' � '�, ,� ��.. � _ Q ' ` `� . , ., � . I � � ' „ Y •: • • I , � ° � � � � Sav� I Cl�ar b • �' ; • Mouse Na�i aUon � � � � _,., � r F � � �`'� � �y..,w3N ' ' a�,.a� � �i� � �� . � � „�� r �' � . .� ,.. . ' ! � �`� :y� y . � �s.. . #`"t. . � y : � ' � .,_,� � � � � ,� ''�' t� p ,�� .� � �. '' , � � �r . > , . . � � � .. :.,..k ; � � .:. „ � �t . '� • _ M � � � , 1 y �. , ".�Y[ �. �� aM��l �� ' q E L �' � � 7 a � � � : '�� . . . �_ . � � 1 �� . � �v'*; p .' � + ,� � e r ' � � _ � !� � � .. �� 's+�, ;�° � �` � � ��; �, V,a � T ��` �A '� AMl' * � �. ^`�-, . � : t' � • �' �fa � � '' � ' � �� 'l a � y� � �. ° " y. �� ' � � . , � .r �`' a: � . �s�"'1 .. . „M, � . .�';� . 7 � , , .'.. c . � ,� s u�. � �i � .i � . � � � � � d� � . _ I � , . � y .. ��, x� 1:'�r yi -; i ` . . � � w n., . � - � a . . : . . � � � + '.�1.� T . ti'�" }.^ ` � ��. - :. �� .: ;: � � �� , , �, . � 4 � � ' � ♦ y i h � .f.. ... , w . . . � .. �. � . ` .��+. . 'IA l,� , R * • 'V . � F .�.� t �'.� � � 4„ � S.{� : .'�� , � .% � � ��t f � �fe' �� f �, + �{ � .. � � _ _ �, � w,.5 � . � � � . . - � � ,. � + � ,'. � � k . � �'� � � � I � .. . .. ,. . � . � ,� - � s , 1 � � c , � �i ' �� • �� , T � � � �•�,, . � « � � ` ,, �� » r � �,,. ' _ p '� 6�� . . . .. � _* . ^ A. "�'ak'� . � � � � .� k ;;� � � ,a � � �,�, _ �....�. � r < " � . •�� , M , k p _ . :., � �,, - } ' � .,, �. . � , � t . .. . . . .. . . . . . . � p , ,,. �' .' _ a ` „ ' +b, �'�", . � � . , . �. . ��► ,,� � � . ' .� ' ,,c , � � , � � r . �� , Y�: ,� _ _ . � r. � '� . ,. � , �. y ,�•. "�;. :. . �.- � �: � � ,. � , � � ,��. . � � �, - ". k ,� . . , . . a' .. . i� : , � ;�,, y . �, .. ,yr� . - ,. . ,,. } P. . t A �g . . r . �- r ,; � x r�, .. �'" ' ��' i � �-.� � IMN� - �; ��,� '� a . �" � � � , ; +� ` , �� g y � , . F. � ♦ � s, � t 1' y �� _� I!`-!� .. . -.. . . , � � i t« , _ � ; :< iij � S� �r7 � .j��L�., (� - ,;� ..... i , � ,„ Ar , s . 1R �" - � — - - - . . '��' r � : �„ � • � x � , �'� ~ rN 9'�,� «+�,� rn.n.,.-. �p..-� � .. "' .af.. • .'r. � .. ..-. l L ��' , ''� i .�,w1�� . � �_�' �� : � � �. ... �s� � v:. . _ _ . �� n. ,. - � -��, ,, ..: �� -. . ,. � �,. . . . , �. . �. .,. . . . � ' _ . , ' . • , - � . . :.. . ��,�. � � . �. _ . , _... � � . .� � �'� � +r �I?::"S1 , rk.;q ` �+`,�. ° � _ . i , • � , ,1 ,�"� � �, _ ,,� ,� � �� , :.,: , , , r �� _ ., . ,.' a . , . f , �_ , . . ,::� .. �.:t: •'�7ft', �. �� , � � � i�� .y . TIMELI � � ' �� NE. Oaks �hopping Center �r�� Jul,y 2010: �UTDO�R MAR:KET application submittal that says "Tentativ� Opening date of Sept. 4, (later scribbled "December 4� over the "September" date). Au ust 2010: S. Clara County Fire Dept. Plan Review Comments on OUTDUOR MA1�;KET October 2010: Oaks Events Center expansion: Public Hearings March 2011: Notice of Public Hearing on C�UTDOOR MAR:KET West Coast Farmers Marlcet Association operation plan for Cupertino Oalcs My tentative opening date is Saturda ��"�� A cn, from 9 a.m. to 1 p.m., with an hour and a half al �� 4 Market hours witl be 7:30 a.m. and a hour to break down and clean up. Alvendor sh utd be one bately 2:00 p.m. and no later than 2:30 p,m, g Y Myself and an assistant, to begin with my son Joseph will be there from open to close. We will make sure everything runs smoothly and oversee the marlcet, market Flow and clean-up through out the day. Porta-potties will be provided and placed near the maintenance office by Mary Avenue. These will have a hand washing sink and wiil be cleaned weekly before every market. Tlie market will be cert�fied by the department of agriculture and will be run with their suggested policies. All certified items will be placed only within six months and pay the fees as set by the department of agriculture. I will be setting an appointment with the fire marshal and will be following all the guidelines as set by him and his department. We_will be registered with the department of environmental health and will be checked on a regular basis. All fees wil] be paid both for start up an for our b'- annual inspections. � The market will physically be placed along the Highway 85 border and has space for approximately 100 vendors. The width of the space is 58 feet with each parking strip being 16 feet long. Vendors who arrive early enough wi11 be allowed to park behind their tents sideways. As spelled out by the department of agriculture we will have produce with produce (vegetables), fruits with Fruits, followed by baked goods, processed foods, dairy items, hot foods, and arts and crafts. Vendor parking wi11 be behind the tents or down Mary Avenue. Traffic low will be one and two depending on the area and width of aisle, see the map, Our second market will be on Wednesda 's +�� 2011. This will give us a full week's coverage with � a kets w e��teWe pril 6� , open at 3:00 p.m, and run unti17:00 p.rn,, with an hour set up and break down times. If you have any further questions please cal! )erry Lami on his cell phone at 650-29p-3549 i � , � � ; I I � i ^` �,�:� ,, n r . �� } \ _ .��: _ 1 �\ � �'r `� ` ,\• ! . � amtenance pffice �-1 �.� Fc � iJ. �, � �t C':v � o r2 S � � � � �� o � � - F',� .. ,^ A � � c:> z'��+ F; ,� � ; '` ` `� ; � , , � `. �� .� �NJC:i�S�fP�S � _ � � �'`,,�� , ��.: Q� ,, 'v -�i � �� r `''��;��-�i�� ` �4C�� '. a� I-�P P �� `� �� ,, �� _ /, � �O � � ., � /�'/ ��Nv S t �� '� 4�'s t .. ��. � � '�; .? -�. ,� ; .S: '� - , , -, -_�� , ► �? � � �-oo e� S ; fi � ` � � � � � ,� � S . soo ---- ` s�o � . f� i r� t� 5 .�� , � �i : i a�oei;ghoc;� c«rta j 1 � '+ � i ? �'te� !V � �l � � 52p { ,, Highway 85 ', '� ~;�� :� � ,e . � 430 ` � � �� 2� tbur Flinass � � � . U� , ,n � A�A3 �ps% .. � / 1 •t.. / �, a�., . , � 1 ��` � �,�� Mary Avenue � _. ._, , ��-��v _ �., Q U - Utiliry Room -- -__ ��..,,,,; , ..:-- . - - 0 Memorial Park �1�� '�. ��- ---� ��` `��`, ! �w_._.� �� '� �'. �'i�e I'lan � � � , l l I I � � i� i r la Stevens Creek Boulevard , Conversation between Marty Miller and Shawn Taheri Planning Commission Meeting Oct.12, 2010- Oaks Shopping Center 0:30:06 Shawn Taheri I don't know at this time. (Applicant) 0:30:08 Marty Miller So at this time you have no other plans? (Planning Commissioner) 0:30:10 Shawn Taheri No not at this time. (Applicant) .. . , - ..' � °{ i i 5s >.� „ , `" „m 'ac�� 7 �' . ri �v � ° �:= i i .� � +1 k .. Y � � '4�. �. � 7�? "',� � �t ��.h�` .. �F i . �t . x �:., � � � ��. � , . � � � _. �, �, . � � � � �v . �' a .`..�, 3 < } .�' �} . . . l : y � i4 #'�: #'� . �'• � si ak��?�bY� �� ,yl_ .. an . . . - .. � �., � �`� � �i9''� � "� r��. .<. ` � , .," �, , �� A• �� v� � � � � V � 4 � x � � � �'-L � J .. _ � � . b�� (.Y �1 � ,� � �.� <; �`� � . � � �� 3� y L� � ��+ �'f y �� .. yp,y � � . . � t ,� SiY.,� � �� .�" .. ^� . 'k . rF'4° '�d.i.. � 1 ' �'av i �y` r '�' -�'�?� ;' . R �� 'C ' .�s . , . . �. i�� ,� Fy '�� g � . _ 3 � fi .. . . • .. n� �:�� . . � �n - 1�'l�., :: . . . � � � . M �, § : . . . � � y, , Y . ti �. /F Ie. ,�, h '�' n.�' - �, � � �,, k �•; � � � t - ��, . w y , ��`� r y - � i �' � - � �g� � ; } �, -. r ,� t � ��:.. ,�,. '�'x� _�''� � � r ~ .�at,. ,� < :�t .,, ,� ' � y � *.�� F!�,�, � t w" t'� N ��t,+� . La , . ;�: �," �� „��, � i' . . w �ay . Y� �'X � �7F �"� 4� � � � � . �.-�� .rlt �, � M1.�fM�� :F. 1 v'�� E . /t�^"� � �.�A'"� 4 r., R �� 4�"YCA �' R.� � �` - '� - �` � %� � �� ,�= F �� 1L'. .�C` vay�r ` 7` � � �, � �,. . a `"`' ; " F �� '�� ! � . � �� c'�r��,�'� '�" � °" � � .. . . �. � T �' ':. f y� � h �� _ 4 � , `�'� J �.�� .}� � 4'� �g� ,� t � ., . � . � .. ' � � � � _�� '. . . � ' . . �,S -n � .,� �1 � . y rs � � . . . . �, r, *¢. e� �` :.�,, �.': ... . . � . .. � . . } � ... � .. . . , .. n C � �� y , � : � ' . - `� . �. . . t . � � ' :� . �. ' . - � � � .Y�, � �.� . x� ;� f � � .� +-� � v � � ,� '� 4 ,?!'4� �� 9�' v- 7W "�' , �k ��; � ; `C.A �a � � � � f : 5 �,� �' a ' '4, �: � ` 7�14; P �� t� ,}6 3 � ri ',R�^ �, � � N'.. t "� �,�,$ v _ . �. 1' � 7 � h�` Mv � � � ,�� Y "� { �z'A�,��"d � �- 5 � . ; t ... .. � } ��1 .Pf ��`�,` df�""' , : r �� 1 F l �, y�,� 5.� t. -* * �A, �� M1 �� "s, i�''� S i :'` r :# ..w `k'{' x k .�"� �� '� �3 # ��r�-� � �� 'F +.Z �y "�. 7� �� ,'''s � k � . � � ;'vn M ��" �� `�'s`� ,"�' ? 5-' L��.'� * 7�, � ��;�F Y �"� 1� u' =' ��i''�'. i ��Tx � � �' , Y T s �� f i r i � �+"�(�� :a ar� rxX � '� � y r. ,r2 �� ,�r #' i�' y a. � �T '� "rl�.� Y, r j`Q _ ,� s > % . � �� -u {1�tt Si .� c � � .. ,'� � l � T�'dY .'�+" Y gp„�3i __ � f � � +�' h :1 4 r � � `-{ p A w �� p( ��'. �i T �...0 �..� � � ��' � � # �' x � � � r' 3e � f � � �'' �.1P . � � .� ��;_- ,� �� i a �, � , � :c a �'� �:;� � �r , -z ,7 � � ! : � , �_... �, . .. .' 'y # � � '� L � � f'' . '�w'C^ s ./ . ;��'�"" fj,�s*��'� YN �s��v�� `�'S � � q r�t.�+`��' �+r� b� y Y . ... ._, } .' Y 'L P.` � : ;. { w k.' ��. i ! � .Q� . �g � ' ('t' �, ..._,' , � � .. . . -. ,.. ...--_ 1� ,. .aS� ..: ... _.r ....,�a-- .. ; �,:3�7. .e .. �e , . '. � .,.::.. �. �,..:.... . ..:.. ,. . � .., L .� , h.,..c::..�e �..:_ .�...� sr� , i .. .. . . ,. ... . .,. .,. _.. .. . .. „_. .c_ ,.. t . .�. � .�'. .�... . r > . � ,.:. > �: ,.r,., :?�:. �r .:.�' .,.,�t N°.. ,� ,:....,:. ,3'`,: :r S, , �. ti . � _ S� � .� �_� .s °i :ar i S � (.�. <;a.. '�k #, ��;��, ( -.�S . r. . v � _ . . v. _ . ., ._ '"f. . n, _�. , _ �. . ... . . ,r�.. a ..3+ -iLi.',. Z . ..:�'�.. +-ei.. . �;S- Y s.. ; S .. . . , ..:?��,L�itt.. 1 _ �Cf9ii y � .' '�ii'� �� ?�.� � `�; y 7 �. 3 �� f .. ��t � . . . � , �. � .� �`� m.�,r ; �� N , � ;; r� � �� _i� � � � �� °% � .;; �S' � ' � }� xc � br `�e.' u. ��. �.' �� ; n E #, +�i�'' .� r� : lY S'irne. d. ,,. ,-, . _. .. (S y, ! rf .- S `� t 'G f �. 'I � � f a a � . w� s .._ y �� `.�' .,. .. �d'" � �� u� ��, � � . .,< . � },� rl�w+o"R' � 1�. 9ra;,'i � '� � .. '� � tc . � �:J � r � �, '': � ' � ;.� � ., . � =; �+e . y 4 T ' � 1" ' ��'`�, �:�'�)� _ E�! � � � , �y� �� LY�}• . .,�F � �' �.. ' ••� � ' � ,�., g i�: � ... � ��`�; �'�.. � � `;�� . . . :� � .t ,u� � u � �:.. ,,,.,,,, , e .af � � a�a�„� , _ a'. `'�.. �#f' . _ > � �+-�',�e :i+!. � C,'.:�• . �. #f i�cn � '� a"w f •� M �@i' �,�' � �S�x� +� � �r � : � �, �� > ik:. `�b� � ,a�� _ -".,d,+,�'.wT ^[N.� ,�, �t � Rs� `�� .� �{y��sy� .�'�' , �� ". r �. X � :9{M' 3 ' "'.. �*,,._. .. a t . °�� 7�"�'.+t ' J�k�`�� f: � :-. �� '� .. Y� �n �.,,, �"`., � �+ff�sla� � ,. '^� �. ��r'�'` , +iti.�Y,,,.r��p� �' �. i!y � e. �� ' �".:42.'�' - W+� � . �' 1��, � �" r� �� ? ��.�� k� � �'.. 3 �- .�. � �;:,.� -�, P � � M '�, •� �. '4 � 'P M �� r.: F� F . a �(� AAd f N�` v�� g�r �� .��,� . �ttJ mA� 'L`� a��„ T� .�;�'dlat0.. .. y � � 185 .�n � ... _ �,� � � • Y �'�'}-�• �.;� �' a� �� . . ' � " _� J�'^�'��.' � f a . ,.�'�54� a ..tl, k �.. :i � � �� ... _. _ - �� :� � . ' . �' �� k'� � , , � p � Y y� -. _ ,�� !q* 1s6. . � 3 � � � �� 4 ._, � Y . j� t � � „. . v i � � ��. F`..v-'�"� ,f ��R:. � r � ' �;� ��....�,i i" '�'" a�t�4 2� =. l�.� � „��' � i , � n ,� ,� . a. �-�� yk �i � ;�Y �; � � c s^ P rx :: � � - 7 � � e � 5bu i ~� R � �x�� a .�.; � � +�``� k d� "M v N A �..� � � * �. � �� _. �� .� �o, t� �:� � 3 5 . 'mD' F�'�� t� �,.� - '—•^ SRi !R �dKl � �l '7 � 9+�_� �t 3- 4 . Y -�. ' : �d C q � ' y � �,� 1 r � � . h q'a di ssZ'f^am '�� .=� t . rr . ' -..w �'.� �" � ; �' *r .� �. ..� . �� y .. � . �+' � f �. � _�'� � �.,._ � �. � � � 9� � � . �. " �ri r { �:. � , ` ' � . "^ � .0 . . . � . � . ' _. .p �p. �`7 t 49 , " �' � � �: � � � .. �9�. �n �� t� - ? � � . M^ 4 .� . �� .:.� 7f ..: Jr , � x . A+ �� - � '� � � � � � � ' ' , . f . . � . �. :�`,; :c, �` ` � �- ». �'' � �= ?S : a . � � 9� � '^e- { Y .�: �. � .��. .� �, �� . ,. �. , .. 3 �.'%'.� �'.. � .� �� .... �': a .:,a-.: . :....�,��fi' . :. �- � � - ,.�: ....,...... .;.....I.i..'. : : � �.; �`+ _ t , s . . . . , r. . -.. , e` � �.. ... .. ....: . . . _ . . .. . ... .. . . ._.. .� �_._�at-. .. _-.. . .... ... .. . .::: .'ha.: .. ...... .7t _� . :<.., ... 1'.. . .:... ... .,.- . . ,,.. ..�.. :,� ..,.. ,.. ., . �� .._.. �R :.,�.. ,... -� .�.. .�.,.,. .M ,.. . � ..... ..... ...... ..... tl� . K i.. .. . � ...� ., .: . '.*. � . 4 ,. :.. ,. a. . r . ..: . .... ,....r. ,. . , . . .. �. , . <. _.. ,... ... .. ., � . ., .. ., k... ..... ._. ... :. �- -�.., .�� .�. .. i . 5 -„, . ...,. .. .... ..r.. .. _. .>..: ,,, .. . `� �f a . . ,... .. .4 , _ . ... .. +�2. . ,. . . ,.� ., . ,.. ., , . .6 . . . , , .. . ... . , . �.:. . .- ..... t� ...�,� -.,3t . ...... . ... ...�_.. ... [,. ....,.. .�;` .. ..,. ....:...s. , �... . . ��c: -....., .. ........... .. e ..r. .�i,. . �,. �.. .. :..e.,, . :.. � 1 � �. .,...� . .... . . ... :, ... _ ..R.. . ..... ..: .. ..... ... . . . �-..... ,. �.,,.:... . � . �.t ,... . -.. . .., .. � c_ -. ��' . -.... r.. _. .. , ...._...._....... .. .. „ . .,. ,.. ._ . .; � .,.. . ...,.. ,..� ..,..._......� s .. .. _ . ... .. �. , .� . � , .�.: .. .. . v. - . . ...-�.. ._ »._ : .,., � .. ,� ... ,� .. � .. ..... :...... .._. . .. . ��. �.-.. ,.,. . , _ :.. ... . ... � ,�<��: :�. :�, ��.�' "'�� : ,''�_s�� ,.: ::JT -�+ :% 4s '� y 5. y � _ • �,. .i d . . -,. iy Rd _',P aF . '� ' �. a F r �. ..c � i � i.-� ,�,' � f`'�`� �� '� - ' , x � _ �� ; �1 x'�s� '` � � �+ ��i Y` z� L �k - �� . � `Y§ ; � lM. '� �' � � � , y ' Y � ^ y.m .d' � { a � � �c `�w �i� � ln ; " x 3 � �'�z� �' `j'`cra ��' +� �a i} '$� � �'�* 4: r ��( s -, .i �.'s�„� t�f`'olt�i�.; �'''` -.� �4"�"� �. . s, r6 �''S £.ta-�_��Y�4rw� ?9�` ��'�'� �„�.�.�`"� -� �: •t �' � � y. i� 8 :. � � � , 1� T . _ ( ? S � ,''4 J 4�� r A ;T V, . C . � : R7�"'� . ., k .�� t r � , . �.Y� t{ ,� .- t ' . i . `�.s � � . ' '' +� � �k� J s `J -��•.�� s �'�t : � r ,[�� L . ;� ^ , ,�J. - ' , +a Y "A 9 ' "A !� y � � +� � r �,ae �7 f w Sv �:�. Y � ��" +` ..t 4"" .�. S. : pa.t w x fi . r� ' ,r. 2� ; � M M� . ,# � �6 � '� . . ' s SBu� �t �, . . „ �r;�^ - _ ;� rt � ,. . �!,3', � � ' F s � , � ..� . ,� � +n ,. , . . t , '' 4 , y �� "t ;• - , , '� . ! 9' . . • � �► 4 3 'I� � �„ >. � .:_. , - � k � � � �i ;,^M { �� '` t � w . . � F ,RS%a�,*i � , , ! T p � ; } ' �� .� f � t �,�r�,: � ,�. : . � � i ^ r , ,,, ., �,, '. ,y� . � '^� .r•w .:'� � ,� .� �� 't� : Y+'.d , ;�Y'• a�' t �.��'�+,a w �� , . � �"�„rp � , 1 a , : � . d Y f � = N H .� '�� . ^,.� `�.," �,.� `� �` E ':r 4 ` '� A � � � , v W .�''� �,�" � :, r' . � � �� ^ "��" �.+r � . �. ' � y, ��` . ' � n �-o- �` � ;: ! 1,: � ,°T.. ..,p ,' �- 't.. ��.. i i� kd : " ':5"`;':. . s r' �: � � . " '. d - r ':�.,. - ` . � r � . . � i, '` . � ., � .,� . ,.. � � _ '' . ... � rl' �+�j _ . . .; , � .�.. . �t � � �� `4� ��' „e .S� ;�,�Y�,.,d�" s '� '1'. � a . a 'Y.. i .. ; k�: .:.�� , ..�.e. �4Y� gt �1 "", r +�-r� .. 7�. ;�y� �'�.,�,�•�,d,Rl�„ ' e�� y dM ��r}: ,- . � , _ � :. .:# , _ � :� ,,�. ; - ' �'�` ,�� ;.�,,, 1 , � , �_ ,.. � 4� .M . � �� - � _ +� � ,; . •- ,,,� ,�� .; � � 7,p'[ s , �,, � ��. �.� R s,�. . .;� � ::�. ` " � -:..��, �t, � .t�'{ri� ,� ..,a � ` '°is�l'�.' ,,�, ��,'� Y '�'�' ' '�`',, r� ,,,,,,,d . � � .. � �;.� + ��[ 4 utC' � "'W � r �A/�' � ` .. '6r.,. y AF" �'�'�, �,r . r: .�, � �� ; �'Tf9r-� � ��" � 1. P•r ''a.l§ ',� 'r • '� ``' ., '',�'S. tr� .,�� . . r�'" + i4 � 1' , - •" . 1. � '� . � �. . }a �� ia�t � � +• �� "� 'y f 1� :. � 'r l g �M c 4 . e # �. �- " - _ �. �� . .a � �.�� r , t 3� a 1►, , . .i"„ :�. ' . ',$ - 4, . � �. �,�#!'� :ar. .w .,�'.4 � : '" 'l�.A..�� . w � r � �!'. ` .�. :.�,::.�,. � � � . � " !� ...� . M�., �, .. - ... . . : . , ...: w�_ _ .. .. ., ;� R „�•, � �C'i +�`� � , . � � � � _ � �' � ,�.�. .� ' ,:� . � ''}�J �:..�� ; �' .. � � �.. � . . �`�bt h .. . . �� . . � �... 1 � ' ._ .r �} . �..)ti:�� • ! �� .. � 6'i � � . �1� _ ! Mr. _ 1 � t ;, :_�w�"'�!!itl��'�,"" . ,<: ;� .s�: . - ' '�k y '� y ;� �,� � 3� ,' $=.r' � � '��. � � ��.. � � ' . S. Q '�� 3 � � c. v ��`, �� '''�� .... �, x �.s .� —....� � --t± ....... -� � , ,� ,, ,� r . n., �� ' . g . . ,,.y .. ... .... . .-, s. A'�`.`+C�a+.d�o-:�'A $,:'.�.:... . ; - +�p�'�p�.' , ��';� . ; � . • ". � � rm '1 . ... . .. n , � . , y� �' '� . i�u�w�� ...��PR .' � � .� Y. '' s �.�; �.� ,.,. . , l� f ! t t4.nf�h3 �A^�� '�' - _.�. ,:. ..... � '.. � � f < � nIIi �� '.. � , � i: �.:. +�-, . , .r„x�.� h . > � - _ . _ :. � v 'Rk�u��, q {�-�- . . �.; � ... .:, /,� � . \: „ ' �p . � ,.: � ...' .....�g,]'1 .s,.. . .i: .. ' ' .-r WN-�.4....�iY ��Ye��.H�'F�.M1 . . i.. ��f�,.. . .. ��.: l ..'.. :1r`i'9Nk:ir.. ,..�: , . .� .. � rtl:��- ��Y'Wi�Y...t w' YL �� ....-.. . ... ..... . � .. , � � . . .- . q� . , .. . ..� .. . � '�A.'a�'2> _...'C ... . j ;.' • :,. ... .." ?�ir _ '.y� a . ' .. . � ' � � _..,,... � , ... � ..m., .... � . n , , ?'l1i119¢: .. . . , .. . ,. � - A. . .... Z .:% � , � :,.. 1 .. . . . . .... .�v� � ,..,:x..., ....,,.�a ,�`�„�7 `r,-' .. ' � ,� .�+ . . ,. -' 4 4 4 �, : ,• < , �_ . ., : .` � Y ;, �. .. ..: -:, .�. ,. . ��:.« � �.. ��..s.ir.v.�. - � - - ..-�Y. v , , .. . . . . . . ,: , e�r' .... ... . . . :: �. a . ;�, �' �'r°�'�r n ;i,p;. .. : � :., - _.rr. � " ' .' :+��,.u,S � " .. . - . .. .. ...,ar �'. - , . .?- . . � `'S �t..�.c.{ r�. �. � ,:; � ,.+y�+'n. w' .,,...,. '. : .. ..�,� � `.-�..�.,:;� ., .: ' �. . . . .. a. - .. .... . . � -_,». �i`a� ."��,,, 'a _ � � � . �' :,. ;��,.. .:< ....'.. � �.�lk. ..,:. .,. . • � ...,�� .�;L." � - rMn° � � . .. ,.. .... ,.� .. ' ,_. .:. � :° r . . . .. � � � ..�:� . ., . -a , .�.:.,q'�,�. .. . y .� : ,,.,.i ...?!?�: '�:'p ,. � . . . ._ , r . . � � �' �4 ��`�^ SsSdM � E� i�"' ,.�r �� . 9 . '�i?%- ^� � '�•.� . . , = sf �J,,,y,�� _ , ;� � x s . .�A� <. :' , ��" r ' a,..t �y..� .+' � �•��,+� �� }'� ; �� ._.-�,� >;a �: w " ?� , <]�` .: ,,r�r=• :;. ,,� ,.-'.;> ?� _. . ; �...;.. ,,,.: _=r� .. .� ; ; . :�.,. : �.-... .. ' - � ., � .. ., . ... �. . �i., .• . . . �,x . ,�,M�e : .'rt - � ,.,�.�� - _ �� .._ �; �: � ' d �. .,.,,.,-. ,.cr� �., . ...<-. �. .....�.. .,� aArtt?'kil�':� -:�.�,....1""!".�_�.�-,..�:-.:r�_. aYliy'i.�.'. �...--:.:,: ..,� __.:.�°.h'i'�_ �.,'�^ _... . .. . i::�'am^� `�.c�Un.dr,..�.«..,ne�',.3 � ........... ... .... 2.....,.,..,...� . ..�e.r,....�CY�(i�"Y�atiAa��#i+oim� -- . . . _. . _ _ � a &� �. � �f .A. �� .�: ; � ,. E �� ",. ' �� -. � �� , , ' � � � � :�" �� f � � ..� di:.-ii.Y�` CSA ' �e � f `�� q . ry � �� Z � W �.+ � .Y, '� � � �,� ; ; £�k � .� a d d` „�.� � r o �. - r. �. �� . �. x � �,.. �:.. � ` . «� �: ��' � � k `"" 2 , t �, �� `� �. �� :� � ' � � �"'" '� - -�" �'' � �^ � a' F �, � Y�� '� ,�..:., �. �� .. �� ,�,� . t,._ �. � � _ � �� L � � �� ; s,.� x ' � -� 4,..... v , ¢ �u+a` :�a�W «:�w�, , _ . ��. ._.,�.n,tl. .; „ ____.,,�aaataia+�rt§P�.�N ,�,,-k..n,., :..,.,.,�., _ .:_ , , s,,: „�.�::�,_�,:a.�a5c[�=.... .u,�.'�a+�...-- ._ _ , .y�i3iiE€t._- s„,.;; � � � � �� - � � . v �� r,: A� �� M' � , d � �� w::.r,. DIST4NCE FROM FARMERS' MARKET TO NEAREST RESIDENCE � w Y o� Q � - � � w � � a � � } Application No. DIR-2010-26 Parking lot rental of Oaks Shopping Center 0 100 20� 300 400 500 600 700 800 900 DISTANCE IN FEET (from Farmers' Market to nearest residence) � PLEASE SUPPORT TNE WEST COAST FARMERS MARKET ASSOCIATION � � SUPPORT A FARMERS MARKET AT THE OAKS IN CUPERTINO NAME A��RE55 COMM NT$ i � A / r �� 1 . . l:; �J V • ��Y ` ` / ' \ ` � V V�� 1• �.. � � C�I�. � � 2. ;� m r'� �- ,p c�.�-r`'(_ (�'�c..� e�t/ �-r_ �- � Lc., ��G C r%C �� '' � � 3. �., �,� �? -{� a��0� �;`! i �- , 4�� I � ��. �z � . � � � ��a � ,- 4 � ��+e�. -�-��, �� c� S ► i i - 5. ,�1G� � l�/��` �� '� -v�� ` ^ �_�� '�� a!�� 6. ��2-7" ��-�-c� ��=��,c�� ------- �ur�c� ^ N� j� �� ,� �/dI� , �-� �� . ; ,lex . ,. r � ,,�� /,� r� � 8. - � �-�(/�-(/ VL- r ��/��/ �`� '� t� �� `--V ' -. L � 9 . l�l n � � . r-- � �� . l j,`� ��ryi�/'S C!/ �/�%I� �/ � c�� 10. � ` I 11. � t�-�-� � 1 v` 0 ( p� c� �� J c� 5� Cr1r�e�,� � c�.� t� � ,J 12 . �! ��1,- ' � � LIR�a.. �t,�Z. Sr�tit +� �Q`� �V�('u- �' ' � `' ' �-- �, � � 13. ,�(�;�11�1/l, ;1�1,�1)t,{'� �/�' �� 7�� 14. L- f�/�.� 5�l t��. � � �%�� /4"�� c� �`�► fNC 'L ��( I � 7 , � > �� 15. � V�►�nL� ��G L� �� 6. �� o � u/o�� ►9R-r t ,, �`Q 5 ��. � t� �,�,��— c � 18. ' u �� I �� ' � � � [�1��s �, C S. ` � cl.� � ��r�� G�,�� v I�� - � .—/' � � � � PLEASE SUPPORT THE WEST COAST FARMERS MARKET ASSOCIATION � � SUPPORT A FARMERS MARKET AT THE OAKS IN CUPERTINO NAME A RE55 I c;+-y CoMMENTs ' ' � �1 Cl�-� �'-�' �� x 5-S .� � � � �� . p��« � �� z. �.��r�� «� � �� << � �� w� � �� 1 �6Y� o�� v� . <� !-� J l.� 3 . � G �t r�{r� � � �1 � ��1�� U'�� r. �- � � �� a. r�nnu�i ��n�.� � �� ,r� , � ` cu� �� - �Ci Y rn.�- r S Ylrl � r f c� "f � 5. �� . r��,� �q� ��r��.n��.. W y . ,� _ __ --_ �� k-Q-�-�e � �� , � ��`�'�� p � � 6. �� 5�� c c m r�v�'U ' �/�� 2�� v � -tE; c i'1�i� �,� �'�.�ti ( -�'` �� 1�`�`� � � � �. � �,�-;� �� tm (� o � � C>� �, ( C 1 1 � �, 8. �, �1 L C�-- �. � C�, Z�1'.� �L � t'1 � 1 � L? �.� � �� r1 C� n �� 9. ,��Z�..�S �1 � l �� -.� �� 1.��- p 1 10 . h u,�� ,'��1 � S � 0 3 l r-�-y �� 3 0 l S/�i C.Lk�k `t `' ;,. � L i i. ��' 2-� -- L��"�� LJ � j G� y 5 �/ �� P�Y�2� �3 �. C �� pF - RT � t�1 v�}- 12. ��'��;� �r' �� "��' �D��?- , �Ka► 4 �� 13. ��N�N :,��✓A-�✓ 5��1 v�:�C :� LIK� vi:��T�4C3��:.'S �4. ��11 �� v�� '��/�e � � `� � v . ,.�� i 5. �- ' �s � �!�.�� - �I� (�-� v►� c�-, �cledo SLw, �vse, GA `� S�1(v ib. ��, [/�,/�� " �, (1��" '�b�- j cti✓\ �� S�� C 14- 17. �� — �,�Z�� f 18. �,. v �r�-, 5�.�^ ��` � '�'.` �-� �-� �°� �, ✓�� L�►�' _1._ Beth Ebben From: Traci Caton Sent: Friday, April 22, 2011 2:20 PM To: Beth Ebben Subject: FW: Sunflower Daycare in Speno Building on Stern and Stevens Creek Blvd. Please include as a desk item. :) Thanks!-T From: grenna5000@yahoo.com [grenna5000@yahoo.com] Sent: Friday, April 22, 2011 11:36 AM To: Piu Ghosh Cc: grenna5000@yahoo.com Subject: RE: Sunflower Daycare in Speno Building on Stern and Stevens Creek Blvd. Hi Piu. Thank you for your e-mail about this proposed project. This area where the daycare is being proposed is a very complicated area because of the large neighborhood residential communities, the large apartment communities, existing businesses and the pesence of three adjoining cities-Cupertino, Santa Clara and San ]ose. There is also a hotel, an empty lot where there could be future housing or another hotel and an IHOP restaurant. There is also busy on and off ramps onto 280 and Lawrence Expressway fom Stevens Creek Blvd. The city of Santa Clara controls the traffic signals on the portion of Stevens Creek Blvd. in that area. There are some massive traffic problems at the intersection of Stern and Stevens Creek Blvd. The presence of the large day care would increase that load. Any changes at the Stevens Creek Blvd. intersection with Stern Avenue would have to involve the whole neighborhood of Rancho Rinconada and Loree Estates. The whole neighborhood uses the Stern Avenue entrance and exit onto Stevens Creek Blvd for entrance and exit onto Stevens Creek Blvd. This intersection was a source of study when the Avalon Cupertino/Archstone Cupertino apartment complex was put in about 15 years ago in San 7ose and the city of San Jose wanted all the apartment traffic to enter and exit from Stern. Decisions about the routes in and out of Rancho Rinconada and Loree Estates need to be made by the neighbohood. Also, there is the potential to have a huge housing complex go in across the street from the intersection on the Santa Clara side of Stevens Creek Blvd. This property was a Howard 7ohnson Hotel and then the Wellsely Hotel until the lot was razed about four years ago. The IHOP occupies the property also. The entrance to this property is very poor and traffic would be entering Stevens Ceek Boulevard at the Stern intersection. Any changes to the traffic patterns on Stevens Creek Blvd. here at Tantau need to take the hotel traffic, the empty lot traffic and the IHOP traffic across the street. I would like to have a traffic signal at Stern myself, but there are people who don't want that. Any decisions to change the traffic barriers on Stevens Creek Blvd. or traffic signals need to involve the neighbohoods of Rancho Rinconada and Loree Estates, the cities of Santa Clara and San 7ose also. It is just like the fact that the porkchop barrier at Tanatu can't be removed by developers. I am also concerned about this project because of the Heart of the City problems. 1 But, I am really concerned about the traffic impact problems and the fate of what the increased load of car traffic would spell for Stern Avenue from the daycare. Also, there would be people parking in the neighborhood streets of Tantau. Also, the Heart of the City Plan is really being pushed to the limit by all the new daycares. I don't know why Sunflower can't just expand on the Pavillions site where they are now by Finch, Stevens Creek and Cupertino High School. Thank you very much. Sincerely, ]ennifer Griffin --- On Fri, 4/22/11, Piu Ghosh <PiuG@cupertino.org> wrote: From: Piu Ghosh <PiuG@cupertino.org> Subject: RE: Sunflower Daycare in Speno Building on Stern and Stevens Creek Blvd. To: "grenna5000@yahoo.com" <grenna5000@yahoo.com> Date: Friday, April 22, 2011, 9:58 AM Hi! 7ennifer, Thank you for emailing your comments about the Sunflower Learning Center application to me. A noise analysis was conducted in conjunction with this application and it concluded that the noise generated by the pre-school and after-school programs proposed by the project will be within the limits established by the City's Noise Ordinance. The applicant can only have a maximum of 28 children in the play area at a time. Additionally, the play area has been located such that it is the farthest it can be from all the residential uses around the site. A traffic analysis was also conducted and it revealed that the intersection of Stern Ave and Stevens Creek Boulevard is failing due to the existing traffic volumes. Therefore, the applicant is required to provide an extended median along Stevens Creek Boulevard to prevent left turns from Stern Avenue onto Stevens Creek Boulevard. This median will, however, not prohibit cars from making left turns from west bound or east bound Stevens Creek Boulevard. You are correct in noting that the property immediately to the west of the Speno Office building does not have a sidewalk. However, since that property is not under development at this time, no improvements can be required. If in the future it does come in for redevelopment, the appropriate public improvements will be made. Finally, the city does not regulate the number of day care businesses in the City. This is dictated by the market. We do regulate the proximity of large family day cares in residential areas, but not after-school or pre-schools in commercial areas. I will forward your comments to the Planning Commission for them to consider your opinion in making their final decision on April 26th. I encourage you to come to the meeting and speak to the Commission about it as well. The meeting is scheduled to start at 6:45 p.m. in the Community Hall. I understand at this time that this is the first item on the agenda for the Public Hearing. Have a great weekend! Regards, Piu 2 From: grenna5000@yahoo.com<http://us.mc811.mail.yahoo.com/mc/compose?to=grenna5000@yahoo.com> [grenna5000@yahoo.com<http://us.mc811.mail.yahoo.com/mc/compose?to=grenna5000@yahoo.com>] Sent: Friday, April 22, 2011 9:31 AM To: Piu Ghosh Cc: grenna5000@yahoo.com<http://us.mc811.mail.yahoo.com/mc/compose?to=grenna5000@yahoo.com> Subject: Sunflower Daycare in Speno Building on Stern and Stevens Creek Blvd. Hi Piu. Hope you have been doing fine. I was looking af the items for the Planning Commission meeting for Tuesday, April 26 and I see that there is the application for the Daycare Center from Sunflower. I had thought this Daycare was going to be an expansion or upgrade of the facility that is currently operated on Stevens Creek by Finch and backs up onto Cupertino High School. I did not realized this group was proposing to occupy the existing office park on Stern and Stevens Creek Blvd. in the Loree Estates/Rancho Rinconada area. I am sure there may be a need for daycare in the areas, especially with Apple owning so much of the tech lands in Eastern Cupertino, but the location that is being proposed for this large daycare facility is problematic in several ways. There is already a daycare facility on the street west of Stern and that daycare property is in a home on Bret Avenue that backs up onto the Speno Office park property. You can hear the noise from that daycare when you are standing on Stern by the 7-11 across the street from the Speno complex. Noise from playing children is nice, but there are homes in the residential neighbohood of Rancho Rinconada and Loree Estates on Stern and Bret that would hear that noise constantly. Adding more noise from an outside playground in the parking lot of the Speno office building would be very loud for the neighbors. The first 100 or 200 feet of Stern, Bret and 7udy are zoned commercial along Stevens Creel Blvd., but then the residential areas begin. Generally, office and medical offices which have occupied this commercial area have been very quiet. A large daycare facility would increase the noise in the area for the neighbors. Another factor is the traffic impact. The Stern and Stevens Creek Blvd. intersection is already at capacity for traffic load. It is a major egress and entrance route for the residents the Rancho Rinconada and the Loree Estates communities. There is a gas station on the corner, the entrance to a large apartment housing complex (Avalon Cupertino has half of its traffic enter onto Stern Avenue), a very busy 7-11 store, the Speno Office Complex and all the traffic from the Rancho Rinconada/Loree Estates neighbohoods. There is no traffic contol light on Stevens Creek at Stern Avenue. Across Stevens Creek Blvd. is a hotel and a busy IHOP restaurant. The driveway entrances to the Speno Office Complex are quite a ways down Stern Avenue. That means all the traffic coming into the Sunflower Daycare would be entering Stern and going into the Rancho Rinconada/Loree Estates neighborhood. Also, there is a very unusual feature on Stevens Ceek Blvd. by the Speno building. The road and bicycle lane actually do not go staight because the property owner of the house in Bret Avenue closest to Stevens Creek Blvd. behind the Speno Building owns all the way to Stevens Creek Blvd. and the bike lane and Stevens Creek Blvd. make a big curve to go around this piece of land so therefore there is no sidewalk on Stevens Creek Blvd. on the west side of the Speno Building. I had always thought the Speno Building annexed into Cupertino when the rest of Rancho Rinconada and Loree Estates annexed into Cupertino in 2000. It is a complicated area because 3 . i �� Catherine Thaler 10116 Stern Ave. Cupertino, CA 95014 Apri125, 2011 Planning Commission Planning Department City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 RE: Sunflower Learning Center/ 18900 Stevens Creek Blvd Dear Planning Commissian Members and City Planners: My name is Catherine Thaler and I live at 1011$ Stern Avenue in Cupertino, commonly known as `the 4 house up from the 7/11'. I have lived here for almost 34 years and during that time have been involved 'zn the schools, Little League, community activities and Ci#y Government. I spearheaded our neighborhood association's interaction with the City of San Jose Planning Cammission and City Council to address ow neighborhood's concerns when the Avalon Bay Apartments (curren�ly the Archstone Cupertino Apartments) were being planned and built. Our Neighborhood Association was not against the construction at a11, we just needed to have our citizen's needs addressed. The outcome was satisfactory and included a redesign of the 7/11 parking lot, a`pork chop' at the second apartment entrance, {located on Stem Avenue) to minimize #r�c into the neighborhood, and a walking gate to the 7/11 to discourage unnecessary driving. However, not ail of these items would have been done had we nat been involved as we were not in the City of San Jose. At the time of this project, late 1990's, the neighborhood was unincorporated County. We were dealing with houses being torn down and re built in large, two story box shapes all the way to the Iot lines They looked into backyards and had no architectural aspects. No one in county government was concerned because they were not in the housing business and being a part of the County did not provide us with representation. During our deaiings with the City of San Jose, we were told over and over how much easier this would be if we were in a city that would advocate for it's citizens. Consequently, our Rancho- Loree Estates Neighborhood Association worked closely with the City of Cupertino and our residents holding informational meetings, writing community newsletters and sponsoring social events which resulted in a very successful effort to be annexed into Cupertina. This brought in 5,000 citizens and pushed the poputation over the 50,000 mark which was signif cant to the City at the time. I also remember that special tree trimming trucks were purchased at the time to handle our beautifu160 year old Ash trees. 2 Our borders touch two other cities, unincorporated County land and is encircled by the serious tra,vel arteries of Lawrence Expressway, Stevens Creek, Wolfe and Boliinger, not to mention Highway 280. We are boxed in by these wide, busy thoroughfares and our small lacal stores are very important to us as is our ability to travel safely in and out of our homes. I am writing to address serious concems from a neighborhood point of view which have not been addressed at all in this project. The neighborhood was not sufficiently notified nor involved in the following areas and certainly did not have time ta respond. 1. I have read the traffic study and the Planning department recommendations and no where is there any mention of a neighborhood. If you didn't know better, you would think that this project was in the middle of a commercial district. It is not. Although there is Commercial development along Stevens Creek, as you can see from a virtual map, there are at least 1,500 homes in this area. We are a City of peaple and the people's needs should not only be heard, but sought when serious changes are contemplated. Buried in the project recommendations is #28, that Stevens Creek be closed at Stern. Left turns out of our neighborhood would no longer be possible at any time, any day. This is not just a project issue, this is a neighborhood issue. Why was the neighborhood not notified? Changing Stevens Creek affects us a11. 2. I believe the traff'ic conditions in the neighborhood were not studied nor addressed. All the effort was on the intersections along Stevens Creek, when Stern is really the issue. In the first 243 feet of Stern there are five (5} driveways on the east side and the double 7/11 driveway is directly across from the project property. When questioned I was given the . answer that it is consistent with other business districts in Cupertino. Where do you have 5 driveways, two in and out of a 315 unit apartment building, a very busy 7/11, a gas station all within 200 feet of an extremely busy artery? The traffic study says it will add 251 trips (p.20) in and out of the project during the peak hours of 4:30pm to 6:30pm each week day. Where do similar conditions exist? 3. Our neighborhood has anly 3 possible exits traveling in a west direct- towazds all the City services, shopping , movies etc.: 1. A traff c signai at Tantau, which is a narrow street with mostly homes and about 300 feet of commercial property. 2. Stern, which is wide, supports the local traffic and also has many homes. 3. Calvert, which is a freeway on-ramp and is not a safe exit during peak times, or practically any other ttme either. 4. There may be other mingations {with the "no left turn" above) such as forcing all cars leaving the preschool to go left. They can turn right at Stevens Creek and then proceed east on Stevens Creek, with a U-Turn at HP if they want to travel west. This a solution noted in the txaff c study. Maybe there are other traffic ideas for safe travel if there is a "no left turn"? Again, for a 10 hour `problem' you are proposing a 168 hour solution; to radically change the traffic patterns of an established neighborhood. It seems that somewhere the residents were overlooked. Even the tra.ffic study says there isn't a problem during the other 22 hours a day. This project needs to not be studied as a stand alone item, but as a project with significant impacts on the people of Cupertino. A few other items of note: There is no mention of the City of San Jose in the traffic Study but I am sure that the corner of Stern and Stevens Creek with the 76 Gas Station is in San Jose. This means there are 3 jurisdictions that have a sa.y in an intersection that is already a level of service "f '. Maybe a signal can be studied for the future and the cast be shared. I did not receive the level of response I expected from the Pianning department. After the initial meeting on April 9�' it toak over a week and repeated calls before I received a response. Waiting for over a week for a response on a time sensitive issue is not acceptable. However, since the 19 I have received timely responses to all my questions. I also think it is vita.l for the planners to travel the area, drive it during the peak times and other times of day, see how it works and doesn't work. We in the Rancho Loree Esta.tes Neighborhood aze part of Cupertino and deserve to have the City looking out for us. This is not a just project on the corner. It is a project with responsibilities to the existing neighborhood that have not been addressed or even studied. I respectfully request that this be done. Sincerely,. C..Q � Catherine Thaler .�'� � ��n , �,1 � � Attachment 7 C'�e,� o ) Oaks Shopping Center Parking Availability (Vacant Stalls) Sunday Morning, March 27, 2011 Area Location Total # 8:10 9:00 10:00 11:15 12 1 pm stalls am A west side of center 173 163 158 157 159 163 151 B north side of center 116 114 113 109 104 103 98 C Angular parking, 72 72 72 72 72 72 72 Mary Ave., south of drivewa D Angular parking, 73 73 73 73 73 73 73 Mary Ave., north of drivewa Estimated Farmer's Market Parking Demand 90 stalls 11,300 s. ft. market area/250 s. ft. er arkin s ace x 2* Av . on-site arkin availabili w/ o farmer's market (A&B) 265 stalls Ph sical area re uired to facilitate the farmer's market 105 stalls Avg. observed on-street (Mary Avenue) parking availability 145 stalls C&D Av . on-site arkin availabilit with farmer's market (A&B) 265 - 105 =160 stalls Estimated on-street parking availability assuming a1160 85 stalls vendor vehicles ark on Mar Avenue (C&D) Available onsite surplus parking (areas A&B) during 10 stalls =(265)- farmers' market =(Avg. parking availability) -( farmers' (105)-(60)-(90) market area) -( max. onsite vendor parking) -(additional customer arkin Total sur lus arkin sho in center + on-street 155 stalls *The parking demand was intentionally doubled to ensure a conservative estimate. , �,,�'t,t�'�" -''` Oaks Shopping Center Parking Availability (Vacant Stalls) Wednesday Afternoon, April 13, 2011 Area Location Total # 2:00 3:00 4:00 5:00 6:00 7:00 stalls m A west side of center 173 146 145 146 122 117 122 B north side of center 116 100 93 69 60 68 80 C Angular parking, 72 6 10 12 14 9 17 Mary Ave., south of drivewa D Angular parking, 73 45 53 61 61 66 68 Mary Ave., north of drivewa Estimated Farmer's Market Parking Demand 90 stalls 11,300 s. ft. market area/ 250 s. ft. er arkin s ace x 2* Av . on-site arkin availabilit w/o farmer's market (A&B) 211 stalls Ph sical area re uired to facilitate the farmer's market 105 stalls Avg. observed on-street (Mary Avenue) parking 70 stalls availabilit (C&D) Av . on-site arkin availabilit with farmer's market (A&B) 211 - 105 =106 stalls Estimated on-street parking availability assuming all 60 10 stalls vendor vehicles ark on Mar Avenue (C&D) Available onsite surplus parking (areas A&B) during -44 stalls =(211) farmers' market =(Avg. parking availability) -( farmers' -(105)-(60)-(90) market area) -( max. onsite vendor parking) -(additional customer arkin Total sur lus arkin sho in center + on-street 26 stalls *The parking demand was intentionally doubled to ensure a conservative estimate. a , Colin Jung �.�� k' .� Subject: FW: Los Altos Farmer's Markets i ` �' ��a� ��"�� , �M Ssrvingi Las Aftas Califomia and Surroun�ing Communttles a�dn�ca 13d7 � i'' 1 i , i' Home �Home �Cover Story wA fresh start for Los Altos farmers' markets: Downtown, Rancho set to offer hot-off-the-vine A fresh start for Los Altos farmers' markets: Downtown, Rancho set to offer �� hot-off-the-vine V`lritten by �1�ry �3ett� Nislop - St�ff V�lriter/m�rybethh�latc.com T � �..J 6✓J �. � �� i'�l � � � � � 1 �_ ._ _ _ . . �� :� � ��. � �, � .. � �. � Pfi�ot� �llio�� urr�T�wn CrierA shop�er ex�minc�, fr�sh produce I�st ye�r �t the Los ��t�s �Iili�g� �s��i�tion`s aowntown [�os A{to� Farmers' Marke� on St�te �tre�t, abr�ve. Word on the street - State Street, to be specific - is that some changes are in store for this year's downtown farmers' market when it opens May 5 for its weekly Thursday shoppers. And word at Rancho Shopping Center is that a second farmers' market is in the offing, scheduled to open later this spring after the city of Los Altos issues a use permit. So, what's old, what's new - besides the veggies - and what's to do? For one thing, new management has taken the reins of the downtown market, which runs Thursdays from the first week in May to the end of September. The California Farmers' Markets Association will manage and organize the market while its former overseer, Urban Village Farmers' Market Association, will spearhead the newly formed Los Altos Rancho Farmers' Market. The fresh news here is that unlike downtown's seasonal market, Rancho's market will be a year-round event. Time and timing For State Street's farmers' market, the starting time will be pushed later to 4:30 p.m., according to Nancy Dunaway, executive director of the Los Altos Village Association, which sponsors the annual event. Previously scheduled 4-8 p.m., Dunaway said pedestrian liability issues necessitated the time change. Farmers benefit, too, according to David Gerhard, communications director of the California Farmers' Markets Association. "The extra half-hour allows the farmers enough time to harvest the crops, pack the trucks, drive to market, unpack their freshest harvests into their stalls, move their trucks and open the farmers' market by 4:30 p.m.," Gerhard said. "You're going to get 2 the freshest stuff at this market." Gerhard said they are still filtering vendor applications, but applicants have an edge if they've participated in past downtown farmers' markets. '�It definitely gives someone a leg up," he said, "and our mission is to help small family farmers." Scheduled Saturdays 9 a.m. to 1 p.m., vendors at Rancho's farmers' market will set up in the parking lot along the brick wall aligned with Springer Road that curves around to Foothill Expressway, according to Ron Pardini, Urban Village executive director. Urban Village, too, is still screening sellers' applications, looking for quality food, good produce representation and a complementary mix of 40-45 vendors. "That's a good-sized market," Pardini said. "And it's year-round. This is a win-win for everybody. We want everyone to benefit." Seasons of change For 10 years, Urban Village managed downtown's market, expanding the original one- city-block event to two city blocks along State Street. ��It was a wild success," Pardini said of vendors offering produce, flowers, specialty foods and arts and crafts items. But for several years, community surveys conducted after the market's closing in September revealed an increasing demand among marketgoers for a year-round farmers' market. "We've been exploring this for a while," he said. '�People eat year-round, right? And produce grows all year long." For more than a year, negotiations between Urban Village and the Rancho Merchants Association have been under way to bring a farmers' market to Rancho Shopping Center, located at the corner of Foothill Expressway and Springer Road, according to Hope Patricia Daly, Rancho's events and communications coordinator. "The amount of enthusiasm is incredible," Daly said of the new market. "We have had such a great response and support from our merchants." While there may be some crossover in vendors between the downtown and Rancho markets, there will be differences, too. "There will be no artisan aspect - no beads, jewelry or trinkets," Daly said. "For us, it's bringing in the local growers. This is a grassroots farmers' market." The biggest difference is the market's year-round status, Pardini said, unless the Saturday falls on a major holiday, such, as Christmas or New Year's Day. "The farmers want the customers to know that they're there," he said. "We're open, rain or shine." '�Barring a hurricane," Daly said. 3 Oversight Don't expect the downtown farmers' market to go year-round anytime soon. °It's open for discussion, but we would have to move the event from State Street," Dunaway said. "That's off the table for now." Dunaway said overseeing management and organization of the farmers' market is challenging work and the main reason the Village Association contracts with others to provide those services. ��It's not a simple endeavor to have a certified-organic farmers' market," Dunaway said. From recruiting vendors and customers to setting up and cleaning up, the market associations manage all aspects of the weekly markets, including ensuring that the farmers meet produce requirements. "It's a huge job - huge," Dunaway said. "There are a lot of things that can fall through the cracks if you're not paying attention." Fortunately, the Urban Village and California Farmers' Markets associations have extensive track records. Urban Village manages markets in Palo Alto, Sunnyvale, Santa Clara, Campbell, San Jose's Cambrian Park and other California cities, Pardini said, while State Street's new association manages Mountain View's year-round market, as well as others in Saratoga, San Jose's Willow Glen, Daly City, San Francisco and locations in the East Bay, according to Gerhard. Gerhard said weekly crop updates will be posted on the Los Altos Facebook page each Thursday, so customers can preview available goods. "Shoppers can also enjoy free recipes on the farmers' market Facebook page and at the market's information booth," he said. The parking thing As in years past, Los Altos' downtown shoppers will need to acclimate themselves to limited parking hours on State Street during farmers' markets days or be subject to a ticket and a tow. Past letters to the Town Crier from unaware drivers lament the expensive fines imposed by the impound yard, the police department's vehicle-release fee and the tickets drivers find on their windshields when retrieving their cars. Daly said she has negotiated free parking from Los Altos United Methodist Church, across Foothill Expressway from Rancho, and overflow parking will be available at Bridges Community Church if needed. Walking to the market when possible would be in keeping with the homegrown atmosphere, Pardini said. "Marketgoers walking with their canvas bags - that'd be perfect," he said. 4 Opening days Because this year's downtown farmers' market opening falls on Cinco de Mayo (May 5), Gerhard said a special celebration will feature cooking demonstrations and pinata games for children. New features include demonstration booths for different vendors each week to showcase their products, as well as educational and crafts booths where children can learn about organic farming and be encouraged to eat healthful and nutritious produce. "I am very excited about the changes," Dunaway said. Daly said Rancho merchants are creating opportunities to get involved with the Rancho Farmers' Market, from FIT's proposal to teach its clients to "shop organically and cook with those products" to hosting cheese-tasting events. "We'll add different fun activities as we go along with the season," Daly said. With Andronico's donating the dry ingredients, Bridges Community Church will tentatively host a pancake breakfast 9-11 a.m. the day the market launches, according to Daly. Rancho Shopping Center merchants will feature special offers and discounts to celebrate the event. '�That ... encourages people to explore what is there," she said. "We really want to bring the family element to Rancho." For more information on the downtown Los Altos Farmers' Market, visit www.downtownlosaltos.org or www.CaFarmersMkts.com. For more information on the Los Altos Rancho Farmers' Market, visit www.ranchoshoppingcenter.com or www.urbanvillageonline.com. 5 . Beth Ebben !�� a From: Traci Caton on behalf of City of Cupertino Planning Dept. Sent: Tuesday, April 26, 2011 9:53 AM To: Beth Ebben; Colin Jung; Gary Chao; Aarti Shrivastava Subject: FW: Farmers' Market at the Oaks -----Original Message----- From: Jeff Hultquist fmailto:ihultquist�ame.coml Sent: Tuesday, April 26, 2011 9:51 AM To: City of Cupertino Planning Dept. Subject: Farmers' Market at the Oaks I live in the Garden Gate neighborhood. I think that having a weekly Farmers' Market at the Oaks would be a terrific idea. People from my neighborhood, including those in the Glenbrook Apartments, would be able to buy organic fruits and vegetables direct from the grower and within a short walk of our homes. Food from the Farmers' Market is much better than food bought at a grocery store. It is fresher, cheaper, organic, and the money goes directly to the grower. Food at the grocery store is trucked in f rom great distances. It is therefore older when it arrives at the store. It burns additional fossil fuels, and most of the money goes to the middlemen and not to the growers. We should encourage this project which will: a) provide locals with fresh food within walking distance of our homes b) encourage De Anza students to buy organic food on Wednesday afternoons c) support local farmers d) bring more customers to the merchants at the Oaks I am looking forward to having this great addition to our neighborhood. Thank you, 7eff Hultquist 10630 Castine Ave Cupertino, CA (408) 393-6563 1 Beth Ebben . °� From: Mary Hultquist [mhultquist@mac.com] Sent: Tuesday, April 26, 2011 3:15 PM To: City of Cupertino Planning Dept. Cc: Mary Hultquist Subject: Farmer's Market at The Oaks Dear Mr. Chao and other members of the Planning Committee, I would like to register my heartfelt support for the Farmer's Market proposed at The Oaks Shopping Center. My family and I have been residents of this neighborhood for the past 17 years and would welcome the positive step of having a Farmer's Market nearby. I have watched many businesses trying to survive in The Oaks over the years, and I believe the additional foot traffic in the center will only help these businesses. The clientele for a Farmer's Market tend to be people planning to buy, not just look around. Restaurants and other businesses in the area would also stand to benefit. There have been a number of misleading flyers distributed throughout our neighborhood by one individual using misinformation and scare tactics, in order to build up opposition to this project,. These multi-page, full color flyers make outrageous claims of increased crime, unsafe conditions for children/families, loud trucks, traffic, smelly port-a-potties, and the infamous "lowering your home's value!" I am appalled by this behavior, and I resent the implication that making wholesome products easily available to this community will somehow turn our neighborhood into a crime-zone. I implore you to see beyond the negative rhetoric pursued by a very vocal individual. The opportunity for quality, fresh produce at reasonable prices will be a huge benefit to this neighborhood and to the community at large. Thank you for your consideration. Mary Hultquist 10630 Castine Ave Cupertino i Colin Jun �' •? From: Alan and Kelly Takahashi [ak.takahashi@yahoo.com] Sent: Tuesday, April 26, 2011 8:47 AM To: Colin Jung Subject: Farmer's Market Hello, I would like to express that I am in favor of the Farmers' Market being considered at the Oaks Shopping Center. I would be thrilled to be able to walk down the street once a week and pick up some fresh fruits, vegetables, and flowers. And I think having a Farmers' Market in Cupertino will encourage our efforts to be green as we will no longer need to drive to Mountain View or Santa Clara to attend a Farmers' Market..And the Farmers' Market would support our Cupertino businesses as it would draw more people into Cupertino where they would likely do other shopping and dining in addition to visiting the Farmers' Market. Thank you for considering my input. Kelly Takahashi . Colin Jun �'�� a2 From: Laura Tsuk [laura@tsuk.com] Sent: Thursday, April 21, 2011 2:54 PM Ta; winnieleedds@yahoo.com; Colin Jung; hmartymiller@yahoo.com; Gary Chao; book.sun@gmail.com; City Clerk; pauldbrophy@yahoo.com; clintonbrownley@yahoo.com; averyconstruction@pacbell. net Subject: concerned citizens of mary ave and oaks farmer's market Hi all, I am very much in favor of a Farmer's Market at the Oaks shopping center! I currently shop at the Friday Vallco market and would look forward to being able to walk down to the Oaks shopping center to purchase fresh and local produce. I would encourage the Planning Commission to work with the local farmer's market organizations to assure that any events at the Oaks would encourage fresh and local produce be the majority of offerings at a farmer's market. Thank you, Laura Tsuk 21384 Dexter Drive Colin Jung From: Beth Ebben on behalf of City of Cupertino Planning Dept. Sent: Tuesday, April 26, 2011 3:41 PM To: Planning Dept. Subject: FW: Farmer's Market at The Oaks -----Original Message----- From: Mary Hultquist [mailto:mhultquist@mac.comJ Sent: Tuesday, April 26, 2011 3:15 PM To: City of Cupertino Planning Dept. Cc: Mary Hultquist Subject: Farmer's Market at The Oaks Dear Mr. Chao and other members of the Planning Committee, I would like to register my heartfelt support for the Farmer's Market proposed at The Oaks Shopping Center. My family and I have been residents of this neighborhood for the past 17 years and would welcome the positive step of having a Farmer's Market nearby. I have watched many businesses trying to survive in The Oaks over the years, and I believe the additional foot traffic in the center will only help these businesses. The clientele for a Farmer's Market tend to be people planning to buy, not just look around. Restaurants and other businesses in the area would also stand to benefit. There have been a number of misleading flyers distributed throughout our neighborhood by one individual using misinformation and scare tactics, in order to build up opposition to this project,. These multi-page, full color flyers make outrageous claims of increased crime, unsafe conditions for children/families, loud trucks, traffic, smelly port-a-potties, and the infamous "lowering your home's value!" I am appalled by this behavior, and I resent the implication that making wholesome products easily available to this community will somehow turn our neighborhood into a crime-zone. I implore you to see beyond the negative rhetoric pursued by a very vocal individual. The opportunity for quality, fresh produce at reasonable prices will be a huge benefit to this neighborhood and to the community at large. Thank you for your consideration. Mary Hultquist 10630 Castine Ave Cupertino 1 Colin Jung ��,�iLm d� From: AJScottie@aol.com Sent: Thursday, April 21, 2011 5:20 PM To: Colin Jung Subject: Proposed Farmers Market at the Oaks Planning Commissioners 8� Cupertino City Staff: I am repeating the letter I sent to you before on this subject. I cannot believe that you are considering this farmer's market for the Oaks Shopping Center. Trucks, tents, porta-potties, more cars trying to find parking on Mary Avenue are going to impact not only the residents of the area including many children but the Senior Center, lovely Memorial Park, the people wanting to rent the party center at the Oaks and the people wanting to go to the Oaks just to shop. This will cheapen the entire area. It will be a blight on the area. Please read my original letter below. Alice Ramsauer I am appalled at the latest attempt to ruin the lovely area and entrance to my neighborhood - Mary Avenue. We do not need an outdoor market in this area! We have a farmer's market in Cupertino already. It would desecrate this neighborhood! The looks of the vendor tents, the "port-potties, the parking overload would bring down the value not only of my home, but of the beautiful Glenbrook Apartments. These apartments have always been beautifully kept up. It is not fair to those residents and the owners of the apartments. We already have a parking problem on Mary Avenue with the De Anza student parking and other event parking. We have the bike bridge bringing riders down Mary. The Senior Center parking is so limited that the staff has to park elsewhere. The membership at the Center tops 2000. There are many classes going on everyday. When there are day trips, the parking lot is overwhelmed. The Oaks is a shopping center with shops, not vendors. A hotel is already planned there. Please do not let this happen! This type of activity is wrong for this area. The former Mervyn's parking lot would be a better place and would not impact a residential neighborhood as this proposal would. PLEASE SAY NO! Alice Ramsauer 10531 Castine Avenue 408-738-4656 1 . Colin Jun °� From: venkitesh s [venkitesh.s@gmail.com] Sent: Thursday, April 21, 2011 6:03 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Concerns over application to start Farmer's Market at Oaks Center, Mary Avenue Dear Ladies, Gentlemen, I am a resident of Glenbrook apartments located on Mary Avenue in Cupertino. My apartment notified me of the pending application to start Farmer's Market on Mary Avenue on two days a week. I wanted to express my concerns regarding this and request you to consider the inconvenience and safety risks it will pose to the residents here. As I understand, the plan is to allow the Farmer's Market to be held two times a week with over 100 Vendors participating. Needless to say, this will create a lot of activity on the Mary Avenue, right in front of residential apartments. I am concerned about the increased traffic it will create and the possible chaos from lack of parking space on the already crowded street. A lot of residents have small kids and we cherish our peace and quiet in the mornings on weekends. The kids also enjoy biking on the Mary Avenue. None of this is possible already on several weekends due to several events held at the Memorial Park. I would like to hold on to the few quiet weekends left. The increased activity poses serious security risk too. Needless to say, the noise levels will heighten from all the activity of not only the shoppers, but the vendors loading and unloading their produce. I once again request the officials to review the facts and disallow this application. Best Regards, Venkitesh Subramanian i Colin Jun °? From: Barbara [northbaj@att.net] Sent: Thursday, April 21, 2011 9:29 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com; averyconstruction@pacbell. net Subject: Plans for The Oaks My husband and I have lived in Cupertino for 42 years, at 10380 Castine Ave. When I was younger I worked hard as a volunteer in the Cupertino School District and also helped elect various people to the city council, the county board of supervisors, and both school districts. I say this only to demonstrate that I care deeply about our city, our schools, and our neighborhood. � am quite opposed to having an outdoor market at The Oaks, which is a nice shopping center set in a neighborhood of exceptional apartments, college students, and million dollar plus homes. When our homes were built, we did not ask for Mary to be so wide, that was a city decision which has turned out to be fortuitous for the shopping center, for the junior college, and for all the events held at Memorial Park. However, in recent years the owners of The Oaks have tried several times to have projects approved that will not enhance our neighborhood, only their bottom line. I wish they would concentrate on serving the businesses that are there and not continuing to propose ideas that will change the basic nature of the neighborhood. We do not need an outdoor market of any kind at The Oaks. We have a Farmer's Market at Vallco and 2 in Sunnyvale, I think. We certainly don't need another, in a city our size. We have a nice selection of restaurants in The Oaks and close at hand on Stevens Creek Boulevard. Open air food concessions are messy, trashy, and smelly. They are fine at the county fair, or the once a year wine festival, but 104 days a year in what is basically a residential neighborhood? Do we already have them at some of our festivals? Do we really need more? How soon before they let vendors in of flea market quality? How do we even know if they will be selective at all in the quality of the vendors? And I have not even touched on the porta potty issue. Just what we need, being hauled in at the crack of dawn, smelling the place up, and hauled away late at night. This is not a commercial area around The Oaks. It is not an industrial area. Please do not approve this outdoor market. Thank you for your time, Barbara A. Jones 10380 Castine Ave. Cupertino, CA 95014 408-257-9385 1 � a Beth Ebben �✓� From: Gary Chao Sent: Monday, April 25, 2011 9:38 PM To: Colin Jung; Beth Ebben Subject: FW: Opposition to Oaks Plaza Open Market Proposal Gary Chao City Planner City of Cupertino 408.777.3247 (0) 408.777.3333 (F) From: GENE MICHAELS [DECOART@msn.com] Sent: Monday, April 25, 2011 5:27 PM To: Gary Chao Subject: Fw: Opposition to Oaks Plaza Open Market Proposal ----- Original Message ----- From: GENE MICHAELS<mailto:DECOART(almsn.com> To: winnieleedds(alvahoo.com<mailto:winnieleedds(alyahoo.com> Sent: Monday, April 25, 2011 5:23 PM Subject: Opposition to Oaks Plaza Open Market Proposal As a Cupertino resident & home owner I am voicing my opposition to the Oaks Plaza Open Market proposal. Eugene Michaels resident & owner 21338 Meteor Drive (at Mary) Cupertino, Ca. 95014 1 . Colin Jung �� From: Brian Avery [avery18@pacbell.net] Sent: Monday, April 25, 2011 5:45 PM To: David Knapp; jackmaci@sbcglobal.net Cc: City Clerk; 'Clinton Brownley'; Colin Jung; 'Don Sun'; Gary Chao; 'Marty Miller'; 'Paul Drophy'; 'Winnie Lee'; 'Akio Sakamoto'; 'Bobbe'; 'Ernest & Helen Bonelli'; 'Peter Hirsch'; Ralph Qualls; Kris Wang; Orrin Mahoney; David Stillman; 'Dennis Brooks' Subject: RE: RESPONSE FROM BRIAN AVERY to DAVID KNAPP - Mary Market Debacle Importance: High David is technically correct in his response to a neighbor as follows: "As I understand the proposal, the only use of our street would be parking." Given David's long professional background, it would be interesting to get his view on the Oaks Shopping Center where a rear parking lot is used as LOCATION #1 for an existing movie theatre complex; then the exact same parking lot is used to handle customers for the expanded use for an Events Center in October 2010, then the exact same parking lot is used as LOCATION #1 to handle vendors for the Outdoor Market. Of course, I am assuming that at some day a significant movie theatre operator will take over the struggling Blue Light Cinema Theatre. In this plausible case David, you would have the Planning Commission approving 3 uses for the same parking lot (a wedding at the Events Center, a movie, and an Outdoor Market). But worst of all, the Planning Commission would be designating Mary Avenue for customers to all 3 events and some vendor trucks for the Outdoor Market. It is illogical, contrary to anything Cupertino has ever considered, and grossly unfair to the Mary Avenue neighborhood and that is why you are getting 99% opposition to an Outdoor Market. Parenthetically, I do not know a single person in the neighborhood sending the letters to the City. After 33 years of managing a property on Mary Avenue, here is my perspective of the traditional phrase: "Mary Avenue would be used for parking." I think what the Neighborhood is communicating is that like an electrical circuit warming up or a water pipe beginning to back-up, Mary Avenue has reached a capacity with outsiders spilling into our residential streets because of the overlapping uses seven days per week. What are the signs of overcapacity? Constant use of A-Board signs on residential streets warning outsiders to not park on private property or down residential streets, and, a fed-up/frustrated neighborhood ... as indicated in the neighborhood's correspondence to City Hall. If you buy into my "capacity" argument, the next question is: "Does Cupertino have the ability to control the capacity on Mary Avenue in the future, if they can not control it right now?" The answer is no, due to a state-controlled college next door and three facilities that host events: Memorial Park, Senior Citizen Center, and new Oaks Events Center. Two other recently approved conduits for unknown numbers of people are the Bike Bridge to Sunnyvale as well as a Dog Park. More specifically: 1. CUPERTINO HAS NO CONTROL OVER The DeAnza Flea market which has climbed to 864 stalls of vendors and thousands of customers who avoid the $5 parking charge by parking on Mary Avenue. In fact, websites encourage flea market outsiders to park on Mary Avenue because Stevens Creek has no parking. 2. CUPERTINO HAS LITTLE/NO CONTROL OVER the number of people attending events in the park 3. CUPERTINO HAS LITTLE/NO CONTROL OVER the number of DeAnza students using Mary Avenue to park 4. CUPERTINO HAS LITTLE/NO CONTROL OVER the number of Flint Center event guests using Mary Avenue to park 5. CUPERTINO HAS LITTLE/NO CONTROL OVER the Flint Center event/set-up trucks using Mary Avenue as a parking facility for an event 5. CUPERTINO WILL HAVE LITTLE CONTROL i OVER the number of people using the dog park 6. CUPERTINO HAS NO CONTROL OVER when Farmer's Market vendor trucks would arrive from distant parts of Northern California. Thanks for reading this. David, I hope you have seen our bar chart showing how close this proposed Farmer's Market is to residential bedroom windows; we would really be establishing a new precedent amongst the local cities shown in the bar chart. Not very Cupertino-like. Sincerely, Brian Avery - averyl8@pacbell.net Managing Partner, Glenbrook Apartment Homes -----Original Message----- From: David Knapp [mailto:Davidk@cupertino.org] Sent: Thursday, April 21, 2011 10:38 AM To: 'jackmaci@sbcglobal.net' Cc: City Clerk; Clinton Brownley; Colin 7ung; Don Sun; Gary Chao; Marty Miller; Paul Drophy; Winnie Lee; Akio Sakamoto; Bobbe; Ernest & Helen Bonelli; Peter Hirsch; Ralph Qualls; Kris Wang; Orrin Mahoney; David Stillman; Brian Avery; Dennis Brooks Subject: RE: Mary Market Debacle As I understand the proposal, the only use of our street would be parking. -----Original Message----- From: 7ack MacIntosh [mailto:jackmaci@sbcglobal.net] Sent: April 21, 2011 10:06 AM Cc: City Clerk; Clinton Brownley; Colin 7ung; Don Sun; Gary Chao; Marty Miller; Paul Drophy; Winnie Lee; Akio Sakamoto; Bobbe; Ernest & Helen Bonelli; Peter Hirsch; Ralph Qualls; Kris Wang; Orrin Mahoney; David Knapp; David Stillman; Brian Avery; Dennis Brooks Subject: Re: Mary Market Debacle Mary Market Debacle > > There are many of us with concerns about the future consequences of > changing a simple street into a public market. > > My wife and I have personal experiences of visiting better sites for > markets in many countries of the world. Wherever those markets were > designed and established, they became an undesirable area for the > nearby residential surroundings. They become rundown and unsightly. > Our experience includes Canada, USA, Hong Kong, Taiwan, and many > european cities. > > I have included some of our neighbors in this email who, I would > expect can tell you of similar cases. The idea of people throwing > trash away, as they walk around, not only in the designated market > area, but also in the rest of the neighborhood, always comes to my > mind, when frequenting these shopping experiences. My wife and I, plus > most, if not all, of us, will be disgusted and will be inclined to > sell our houses at the, then, greatly depreciated values. > > Fay & Jack MacIntosh at 10555 Meteor Place (purchased our current > residence May, 1969) Home phone: 245-7445 Thank you Brian Avery, for bringing this situation to our attention. 2 Colin Jung �U� a From: Nandakumar Rao [nandax@yahoo.com] Sent: Tuesday, April 26, 2011 10:54 AM To: City Clerk Cc: averyconstruction@pacbell.net; winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; clintonbronley@yahoo.com Subject: Feedback on proposed Farmers Market in Oaks Shopping Center Cupertino... Dear Cupertino City Council Members and C'Jlenbrook Management, Here is our feedback on this proposal: a) The farmer's market should NEVER be a nuisance to the residents. The city and the ofticials should take all the steps to make sure that the outside vendors and people visiting the farmers inarket understand this. Since this is prime residential area with lot of schools and kids, the city should take at most care to not spoil the envi ronment. b) The event should be at the most twice a month (for example, first and last Saturday of every month.). The event should not be open for more than 2 to 3 hours. c) Strictly NO NO NO NO NO porta-potties, absolutely not required. Sunnyvale Holdings should provide access to the restrooms inside Oak's �roperty(or build one) for the vendors and visitors. d) The vendors should NOT be allowed near the area for more than one hour before and after the event. This way the residents will not be disturbed for more than 4 or 5 hours twice a month. e) Strictly NO parking violations in Glenbrook or nearby Casa DeAnza. Very strict parking policy and signs naust be enforced. � Strictly NO food or barbeque vendors with ti Pre-prepared food/bread/cakes are OK. g) A small and clea�i farmers market witlz least interruptio�z to the residents around tlae area and Glenbrook mafiagement is w�iat we real/y need. This will help the communzty, the und earn money_f'or the city which ccrn be used f'or �Jood purposes. If these requirements cannot be met; then we as°e �Tood tivithoi�t the . f'armer°s market. Thanks, Nanda 408-216-9789 10 ] 70 Parkwood Drive # 1 Cupertino, CA 95014 i Colin Jun �� a � From: Paula [paulalawson@comcast.net] Sent: Tuesday, April 26, 2011 12:21 AM To: winnieleedds@yahoo.com; book.sun@gamil.com; Colin Jung; Gary Chao; clintonbownley@yahoo.corr� Subject: hearing 4/26/11 outdoor markets Regarding the latest (of many) proposals by the owners of Oaks Shopping Center, once again they disregard the negative impacts this will have on the neighborhood and residents of Mary Ave. We already have outdoor markets at an ideal location - in a large parking lot of a shopping mall where traffic, noise, smells, parking and traffic can be effectively handled without disturbing residents. There are also the frequent outdoor stalls managed at events in the park as well as the regular De Anza flea markets. There's no valid reason for more. If the owners of the Oaks would put forth as much effort in trying to run a viable shopping center rather than continuously making these money-in-my-pocket proposals, we'd all be better off. As it stands now, I'm so aggravated by these constant short-sighted and greedy proposals that I won't even stop at the Oaks for anything. Colin Jung ' a From: Michael Pavlos [michaelsampav@gmail.com] Sent: Monday, April 25, 2011 5:24 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: opposed to vendor outdoor market Unfortunately, due to my job, I can not attend the heaxing. However, I would request that my opinion be heazd as I live at 10144 Parkwood Drive Apt. #1 Cupertino, CA 95014 My name is Michael Pavlos and I strongly oppose the vendor outdoor market. The activity/traffic & parking difficulties are already affected by students, flea market, Memorial Park events. I have absolutely no need for the vendor market to be here in my neighborhood (as my needs are fully met by local businesses) and have no interests in dealing with the traffic difficulties that will undoubtedly occur as well. The negatives outweigh the benefits and I hope you can appreciate my concerns as I will have to live with the decision you make. Sincerely, Michael Pavlos Colin Jun ti�� o � From: G N Pat [gnpath@gmail.com] Sent: Monday, April 25, 2011 3:18 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: No to the Proposed outdoor market on Sunday ! Dear Sir/Madam, As a 4th year resident of Cupertino, I would really like to oppose the proposal of bringing in an out-door market on Sunday in the parking lot of the Oaks shopping center on Mary Avenue (just across the DeAnza college) and opposite to our residential community. We already are in the midst of various such congregation and we would really love to have our Sundays peaceful. One of the main reasons for us (and possibly most of the residents) to choose Cupertino City as a locality to stay is it ambience, peace and of course, the school district. The peace and the ambiance allows it to be one of the preferred places to raise the children and give them a very good education. The proposed usage threatens to take away one free day from the children and also makes the place the unsafe for them - both physical safety and health-wise (due to pollution). It also threatens to raise the traffic, intruder and otherwise issues, making it really unsafe for the residents and children. Cupertino has a unique fingerprint that supports residents in their quality of life for themselves and their children, when compared to the adjacent localities/cities. I'm sure as the city guardians, you would not put that at risk. Thank you for your time, SIncerely Yours, Gowdham 10275, Parkwood Drive, #2, Cupertino, CA - 95014 1 ��✓� Colin Jung °� From: jfarley@att. net Sent: Monday, April 25, 2011 3:06 PM To: winnieleedds@yahoo.com Cc: hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; clintonbrownley@yahoo.com; City Clerk; averyconstruction@pacbell.net Subject: Proposed outdoor market at the Oaks We are 42-year residents in this neighborhood and have seen over 20 years of continuous attempts to impose unwanted changes to the Oaks and Mary Ave. Mary Ave. happens to be a pleasant and safe street affording convenient access to freeways and is an asset to our neighborhood just as it is. Is there something wrong with that? Isn't it OK to have a nice neighborhood in Cupertino? Why the non-stop assault? This latest proposal is as absurd as any we have seen. One hundred vendor outdoor market with stalls and crowds and parking spilling down Mary Ave. twice a week? Furthermore there already is a Farmer's Market in Cupertino on Friday mornings and additional markets in all the other towns nearby. PLEASE do not approve this proposal!! John & Rosemary Farley 10514 Meteor PI. Cupertino ,��,�, a Colin Jung From: GENE MICHAELS [DECOART@msn.com] Sent: Monday, April 25, 2011 5:27 PM To: Colin Jung Subject: Fw: Opposition to Oaks Plaza Open Market Proposal ----- Original Message ----- From: GENE MICHAELS To: winnieleedds c(D.vahoo.com Sent: Monday, April 25, 2011 5:23 PM Subject: Opposition to Oaks Plaza Open Market Proposal As a Cupertino resident & home owner I am voicing my opposition to the Oaks Plaza Open Market proposal. Eugene Michaels resident & owner 21338 Meteor Drive (at Mary) Cupertino, Ca. 95014 . Colin Jung � °� From: Larry Lien (Ihlien@yahoo.com] Sent: Wednesday, April 20, 2011 11:01 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Resident Input I would like to write to let you know that I am against the 100 Vendor Outdoor Market. We are a homeowner at 21328 Meteor Drive and would be negatively affected by the 100 Vendor Outdoor Market. This would bring extra congestion to our neighborhood including extra traffic, extra noise, and extra garbage. We often walk to the Memorial Park and the shopping center and this new 100 Vendor Market would make our area less safe for our kids and would make our area less desireable. Please do what you can to prevent the approval of this design and plan. Concerned homeowner, Larry Lien . �� Colin Jung From: Janie Kameike [jkameike@gmail.com] Sent: Wednesday, April 20, 2011 11:14 AM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gamil.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Opposed to Outdoor Market To the Cupertino Planning Commission, I am a resident to the Glenbrook Apartments in our fair city. I chose to live in Cupertino and Glenbrook and thus contribute my tax dollars, because of the safe and rich natural environment of our community. I believe the proposed Outdoor Market in Oak shopping center will degrade the living environment in the surrounding area. I oppose granting a permit to the Outdoor Market. Please consider the request of this resident in your deliberations. Respectfully yours, Manshu Kameike 10114 Parkwood Drive #8 Cupertino r Colin Jun i U� (.Wt o� From: David Coulson [davidcoulson@earthlink.net] Sent: Wednesday, April 20, 2011 10:30 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gamil.com; pauldbrophy@yahoo.com; averyconstruction@pacbeli.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Outdoor Market at Oaks Shopping Center To: Cupertino Planning Corr�mission I wish to OPPOSE planning permission for an outdoor market at the Oaks Shopping Center and Mary Avenue. It will be ugly, noisy, dirty and will in no way benefit the residents of Mary Avenue and the rest of Cupertino. We have Whole Foods and farmers markets nearby. We do not need another one, especially on Sunday morning. We already have to put up with Flea Markets, endless "festivals" of consumerism in Memorial Park, noisy wedding parties in the Oaks Shopping Center and, soon, a smelly dog park. Be aware that nobody that I know wants these things. We vote for you, we pay for you, please represent our interests in the April 21 Meeting and DENY planning permission to Sunnyvale Holding LLC. David Coulson 10245 Parkwood Drive #8 Cupertino CA 95014-1457 ,�/�� Colin Jung � From: Walter Li [walter.li@gmail.com] Sent: Wednesday, April 20, 2011 6:13 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Oppose to Outdoor Market on Mary Ave!!! To All, My family and I are registering again our expressed opposition to the proposed Outdoor Market on Mary Ave. We have lived in the same Cupertino address for over 23 years. We enjoy the neighborhood, the City, and most of all the good city planning that Cupertino makes. This is why we are at a loss at this proposal. Does the City of Cupertino need this Outdoor Market? The City has done a fantastic job so far in regulating and planning the growth of Cupertino. We do not need this outdoor market. Please do not let �he idea of earning some more revenue dollars and forsake the principle and ideals of building this great city of ours. Don't give in to outside pressures and allow this outdoor market to ruin this City. Please remember that you represent all the residence of Cupertino, not just a few business owners. Do the right thing. Do what you set out to accomplish when you first get elected to work with us and for the City. We hope you will continue to make the wise decisions for Cupertino. Concerned Citizens Walter Li and family 21470 Millard Lane Cupertino, CA 95014 . � Colin Jun i�'�'' From: B Nataraj [bnataraj@gmail.com] Sent: Wednesday, April 20, 2011 10:03 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com; paulbrophy@yahoo.com Subject: Re: outdoor market at Oaks Respected Planning Commission Members, This topic has come up fro approval. As I stated before I am against this proposal, for the same reasons that I had brought up in my March 16 e I am surprised that this has made it to a meeting leading to approval. I detest having Farmers market 104 out of 365 days. I am sure you can find alternative sites like the City hall Greens/ Fountain area or Vallco mall where you have the infrastructure for a Farmers market. Name: B Nataraj Address: 10599 Nathanson Avenue, Cupertino. Regards, Nataraj � On Wed, Mar 16, 2011 at 11:30 PM, B Nataraj <bnatara�(al�mail.com> wrote: > All, > > I just learned that planning commission wants inputs from residents > regarding issuing permit for a outdoor market at oaks for 104days out > of 365 days. > > I am opposed to this idea for the following reasons: > > 1. Does this even make sense? Sunnyvale holding company wants to use > Mary Avenue for Urinals ( sorry, porta-potty) 2. Where will customers > park? I can visualize that the customers would have to park near the > bridge, which is already a spot for congregations. > 3. Increase in traffic congestion on Mary Avenue; Mary Avenue is > already busy on weekdays and weekends. > 4. What happens to the contract that the company signed for the event center? > > I hope that the Planning commission will turn this down. The residents > have already given the applicant a lot of leeway for the event center. > > > Regards, > > Nataraj > � . � Colin Jun ��"-" - - From: cisciewong@gmail.com on behalf of Cheryl Wong [cheryl@cherylwong.com] Sent: Thursday, April 21, 2011 1:10 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com; avery18@pacbell.net Cc: tataydel@yahoo.com; nanaydel@yahoo.com Subject: Mary Avenue From The del Rosario Household (Grapnel Place) As a 30+ yeaz Cupertino resident, we are opposed to having a market on Mary Ave. We take care of our two sma11 grandchildren (6 and 1 yeazs) and take for walk to Memorial Park. If a market were to go up, this would be an unsafe route for the residents (especially elders and children) to walk. Not to mention all the college students who travel on Mary Ave to/from De Anza. We ask that you take into account the risk, liability and exposure the city has to its residents, customers and patrons of the proposed market. Thank you. Ed and Remy del Rosario (Grapnel Place) Cheryl del Rosario Wong (Camino Vista Dr) . Colin Jun /�� From: Mike [mburbano3@comcast.net] Sent: Wednesday, April 20, 2011 9:23 PM Ta: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gamil.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: proposed for Market and Oaks Dear City Council Members, Once again i voice my opposition to the Outdoor Market at the Oaks and Mary Avenue. It will not benefit our community! ]ust create unnecessary problems and take away any revenue! I will also add that I hope the proposed dog park on Mary Ave. next to our complex at Casa De Anza complex, is not on any agenda and not being proceeded with. I have even included my home number and work number to show that I can be contacted directly on this issue. That is how strongly I feel about this... Mike Burbano 10325 Mary Avenue Cupertino CA 95014 Home 408-996-0474 Work 408-732-7734 (Store Manager at Orchard Supply Hardware, Sunnyvale) Colin Jung Subject: FW: Please read attachment regarding Mary Ave. . ,�� a From: Richard Miller [mailto:richarddmillerjr@yahoo.com] Sent: Thursday, April 21, 2011 1:40 PM To: Colin Jung Cc: secretary Subject: Re: Please read attachment regarding Mary Ave. Dear sir, Sorry about that, I dont know why your system rejected attchment......Let me reiterate without attachment. My wife and I reside at 21337 Glenbrook Pl. apartment 4 Cupertino California.. We believe that there are several underlying factors and issues that have not been addressed regarding said proposal(Farmer's market). "Let it be known" that I stand strong for free enterprise however I also believe in protocol and due process. To preserve and protect public, as well as private, agendas. As a registered voter and resident of Cupertino,...... I say no,.. for now.... Let said vendors and the owner of the property provide the monetary resources to conduct environmental impact studies, as well as the social and economical impact upon our already highly populated and vital neighborhood..... Then and only then will we, as a collective group, be able to make an educated informed and unregrettable decision upon this issue. Thank you for your time this matter, I shall do my best to attend the upcoming meeting on the 26th. However if I do not attend. Please allow the contents of this e-mail to be read and logged. Richard D Miller Jr. � a Colin Jung /��'�'� From: Patricia Mungal [nicapatri@yahoo.com] Sent: Thursday, April 21, 2011 1:51 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gamil.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Dear Commissioners and members of the City Staff, I am writing to oppose and kindly ask to please not to consider the "100 Vendor Outdoor Market", that has been propose for Mary Avenue. We love our neighborhood and have been living in this area for the last 18 years. One of the reasons is the quietness and the beauty of Cupertino, with this proposal our city will became congested with traffic and people coming out of the area. I am concern also on how this will affect our security and value of our properties. I can give many more reasons, but I am asking to please keep Cupertino, as the quiet and peaceful place that still is. Thank you for your kindness and listening to the residents of this area. Patricia Mungal lin Jun ��" - � a � Co g From: Bob Wilms [bwilms@menlo.edu] Sent: � Thursday, April 21, 2011 3:59 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Cc: Vickie Subject: 100 Vendor Outdoor Market Commission Members, I am writing to express my total, unequivocated opposition to the proposal to run a Vendor Market every Wednesday and Saturday or Sunday at the Oaks Shopping Center. My wife live at 10340 Castine Avenue since 1976, have raised a family and continue to enjoy our neighborhood. We have been negatively impacted through the years by traffic on Mary Avenue due to the ever increasing enrollment at De Anza College. As educators we have been willing to deal with the constant and often dangerous traffic on Mary Avenue as students arriving and leaving DeAnza seek parking. I have witnessed all too many near collisions, impending pedestrian accidents, and run down ducks and other animals. The idea that we should now suffer through additional traffic, which will spill onto Mary Avenue, as well as vendor parking, and unsightly Porta Potties is beyond reason. The impact on our neighborhood cannot be denied. There will be additional traffic on our neighborhood streets particularly once customers discover the path to Stelling Avenue to avoid traffic on Mary. And, you may well be creating more danger for the children walking to Garden Gate School, to the park and to the shops and movies in the Oaks Shopping Center. We urge you to vote down this proposal for the peace and serenity of one of Cupertino's prettiest neighborhoods. Sincerely, Robert N. and Vickie L. Wilms . n Colin Jung aS From: mbhise@comcast.net Sent: Thursday, April 21, 2011 2:57 PM To: Colin Jung Subject: Outdoor market Proposal on Mary Ave - Against Dear Colin, I am a resident of the Mary Avenue neighborhood. I do not think that the proposed outdoor market would be beneficial to the community. It will likely bring more problems than advantages. I am against the above proposal. Sincerely, Mel Colin Jun °? From: MarioDortenzio@cs.com Sent: Friday, April 22, 2011 1:13 AM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Resident input for Oaks Shopping Center Outdoor market proposal I hope it is not too late to submit this comment for consideration with regard to the Oaks Shopping Center Outdoor market proposal currently being evaluated. My wife and I live at 10618 Nathanson Avenue in Cupertino at the northern end of Mary Avenue and leave and return home almost exclusively via Mary Avenue multiple times per day. We wrote an earlier email to the planning commission back on 3/17 requesting a NO vote on the proposal, and continue to believe that this proposal will have a significant negative and disruptive effect on the neighborhood in which we live. The traffic congestion problem alone will create a very undesirable atmosphere. There is already a considerable amount of tra�c (and parking) congestion as a result of the confluence of Oaks Plaze, Cupertino Senior Center, and DeAnza college students' parking and traffic over and above normal neighborhood traffic. To add this additional burden on Mary avenue for 104 (or even 52) days per year is, in our opinion a very bad idea. Additionally, having trucks, RV's, and overflow parking all along Mary Ave, as well as barbecue smoke and perhaps outdoor music, etc would create a circus-like atmosphere, which might be fine in a city's downtown or city center, but certainly not in an already busy and congested area adjacent to a neighborhood whose appeal to homebuyers is strongly coupled by its quiet and peaceful character. The planning commission might also want to consider that if the home and real estate values do drop, this would subsequently have the unintended consequence of lowering tax revenues to the city! We sincerely ask you to vote NO on this proposal. Thank you for your consideration, Mario and Arlene D'Ortenzio . Colin Jun °� From: Jim Fonda (jim.fonda@me.com] Sent: Thursday, April 21, 2011 4:32 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; clintonbrownley@yahoo.com; Colin Jung; Gary Chao; City Clerk Cc: averyconstruction@pacbell.net Subject: opposed to the proposed outdoor market to be held at the Oaks shopping center Cupertino Planning Commission, We are writing to oppose the proposed outdoor market to be held at the Oaks shopping center. We are residents of Cupertino, and live at 10153 Parkwood, Apt 3. Our biggest objection is the congestion. The traffic in this area is often congested, and this will add to it. It also appears that there will not be enough parking for all of the vendors and customers of this market. Mary-Ann and Jim Fonda Colin Jung " a From: Michael Tung [mtung2018@yahoo.com] Sent: Thursday, April 21, 2011 9:53 PM To: mtung2018@yahoo.com Cc: elaine212chung@yahoo.com Subject: Cupertino Resident:: AGAINST an outdoor market spiiling onto mary Avenue resident input -- NEGATIVE and AGAINST an outdoor market spilling onto mary Avenue 52 days or 104 days Home address: 10446 ANSON AVENLTE, CUPERTINO 95014 resident name: CHLTN CHI TUNG NEGATIVE reason:: 1. noise sound on day and night before the market open 2. parking problem impact the neighborhood 3. traffic problem on market day and night before 4. mess up the beautiful scene on Mary Avenue 5. negative economy on my family regards, CHUN CHI TUNG . Colin Jun '�"'" ' •� From: Elaine Chung [elaine212chung@yahoo.com] Sent: Thursday, April 21, 2011 10:01 PM To: elaine212chung@yahoo.com Subject: Cupertino Resident:: AGAINST an outdoor market spilling onto mary Avenue Hello, resident input -- NEGATIVE and AGAINST an outdoor market spilling onto mary Avenue 52 days or 104 days Home address: 10446 ANSON AVENUE, CUPERTINO 95014 resident name: YI GED CHUNG NEGATIVE reason:: 1. noise sound on day and night before the market open 2. parking problem impact the neighborhood 3. traffic problem on market day and night before 4. mess up the beautiful scene on Mary Avenue 5. negative economy on my family regards, YI GED CHUNG /�;�� Colin Jung °? From: david hodgkins [dwhodgkins@yahoo.com] Sent: Friday, April 22, 2011 7:52 AM To: book.sun@gmail.com; City Clerk; clintonbrownley@yahoo.com; Colin Jung; Gary Chao; hmartymiller@yahoo.com; paulbrophy@yahoo.com; winnie lee Subject: Farmers Market Dear Planning Commission & City Staff, My name is David Hodgkins and I am a homeowner at Casa De Anza with an address of 10483 Mary Ave. Please do not allow the proposed outdoor market to move into our neighborhood. There is already enough traffic from De Anza College, Flea Markets, Flint Center Events & Memorial Park events. The additional traffic will spill into our neighborhoods causing . We can not tolerate any more congestion on this 1 lane street. My family will be impacted when we try to ride our bikes to Memorial park. It will make the street less safe with the added traffic. This market will also bring a lot more strangers into our neighborhood which will make it less safe for my child at the park. By adding an outdoor market does not solve congestion issues, it makes it worse. Furthermore, we already voiced our opposition when the city wanted to crowd senior housing on the street and allow a night club at the Oaks shopping center. We do not need these kind of changes to the existing Mary avenue. It is fine the way it is and actually could use some relief from the congestion that is already caused by the above mentioned items. So please do not allow this mazket to move into our neighborhood. Thank you,David Hodgkins . Colin Jung � � From: Jing Xiao [xiaoj@erd.epson.com] Sent: Thursday, April 21, 2011 10:54 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: We don't like the idea of "100 vendor outdoor market" in Mary Avenue area Dear Commissioners, My name is Jing Xiao, a resident in Mary Avenue neighborhood. My home address is 10453 Mary Avenue, Cupertino, CA 95014 I, together with my wife Li Yu and my son Edward Xiao, strongly disagree with the idea of establishing a"100 vendor outdoor market" in our neighborhood. We bought our house here 5 years ago because it has a clean, safe, quite, comfortable, and yet convenient neighborhood. We already have enough activities nearby constantly, e.g. the flea market, memorial park activities, senior center, wedding hall, and the Flint center. We don't need another 52 or even 104 days of outdoor market. After all this is a residential area and we hope not to turn it into a commercial district. Anyway we believe this outdoor market plan will badly ruin the beauty of this area and bring in all kinds of issues such as safety, environment, traffic, and so on. So please help us and vote against such a plan. Thank you very much! Best regards, Jing, Li, and Edward . Colin Jung �� °? F�om: Renuka Kumarasamy [renuka kumar@yahoo.com] Sent: Thursday, April 21, 2011 7:32 PM To: winnieleeds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbropy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: We don't want a OutdooNFarmer's market near Marry Avenue Dear Cupertino City authorities, We are living in the Grenbook apartments located at 10100 Marry Ave, Cupertino, CA We heard about the Outdoor market or a Farmer's market nearby. This is the only quite apartment in this neighbourhood, with majority of small/elementary and middle school kids. The weekly market will be a big disturbance and we strongly oppose the market coming to this neighbourhood. Please consider any other location. Thanks a lot for your understanding. Best regards, Renuka Kumarasamy (a resident at Glenbrook apartments in Marry Ave) Colin Jun � From: Kumarasamy [pksamy@gmail.com] Sent: Friday, April 22, 2011 9:37 AM To: winnieleeds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbropy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: We don't want a Outdoor/Farmer's market near Marry Avenue Dear Cupertino City authorities, We are living in the Grenbook apartments located at 10100 Marry Ave, Cupertino, CA We heard about the Outdoor market or a Farmer's market �earby. This is the only quite apartment in this neighbourhood, with majority of small/elementary and middle school kids. The weekly market will be a big disturbance and we strongly oppose the market coming to this neighbourhood. Please consider any other location. Thanks a lot for your understanding. Best regards, Kumarasamy Palanisamy (a resident at Glenbrook apartments in Marry Ave) . Colin Jun �a� °? From: IShintani@aol.com Sent: Friday, April 22, 2011 11:29 AM To; winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gamil.com; paulbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; cidtyclerk@cupertino.org; clintonbrownley@yahoo.com Subject: Proposal for Food Vendor Market @ Oaks Shopping Center Dear Ladies and Gentlemen: We live in Somerset Square Development and we want to submit our objections to the proposal for a Food Vendor Market at the Oaks Shopping Center. We feel that there are enough activities held at Memorial Park and De Anza College that disrupt our peaceful community. We purchased our home in 1968 to live and raise our family in this quiet and tranquil community. We do not want any more events that would bring droves of people here to congest our peaceful neighborhood. If you value our quality of life, please give due consideration to our request. Thank you. Iwao and Miye Shintani 10422 Chisholm Ave. Cupertino CA 95014 � Colin Jung �(;��VY� o� From: Brian Wul [luckyhorse1991 @yahoo.com] Sent: Friday, April 22, 2011 12:46 PM To: winnieleedds@yahoo.com Cc: hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Special Event My parents and I do not agree about the 100 Vendor Outdoor Market being settle in our neighborhood because it will cause more traffic jam to our neighborhood and disrupt the peace to our community. Sincerely, Brian . Colin Jung ,�� °? From: Christine Looney [cm_looney@yahoo.com] Sent: Friday, April 22, 2011 12:42 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Re: 100 Vendor Outdoor Market is a bad idea for Mary Ave I understand you will be voting on this proposal next week and I wanted to reiterate my families opposition to having this open market set up just down the street from our home on Esquire Place. Please help to maintain the lovely neighborhood environment that we have enjoyed for so many years! Thank you for your time and consideration, Christine Looney 10553 Esquire Place, Cupertino. ----- Original Message ---- From: Christine Looney <cm_looney@yahoo.com> To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; colinj@cupertino.org; garyc@cupertino.org; cityclerk@cupertino.org; clintonbrownley@yahoo.com Sent: Thu, March 17, 2011 12:07:17 PM Subject: 100 Vendor Outdoor Market is a bad idea for Mary Ave I just wanted you to know that my family has lived in Cupertino since the early 1970s. Our home is located at 10553 Esquire Place and we have always loved our quiet, out of the way neighborhood. This proposal seems destined to disturb & disrupt our peaceful little community. I am a fan of outdoor markets myself but I do not see any advantage to having one in my own backyard. This is a neighborhood not a shopping mall or a commercial area. Let's try to maintain the atmosphere that we have now, which is conducive to healthy outdoor activities like walking and cycling, rather than introduce traffic congestion, port-a-potties, noise, smokey pollution etc. to our area. We have plenty of opportunities now to enjoy markets locally. I just don'r see any reason to locate this particular market on Mary Ave. My family and I respectfully request that you vote against this proposal. Thank you for your time and consideration. i . Colin Jun � a � From: Lina Martin [Imartin@ecrio.com] Sent: Saturday, April 23, 2011 11:04 AM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Cc: shaneamartin@gmail.com Subject: AGAINST "100 vendor outdoor markeY' Dear Sir/ Madam: This is Lina and Shane Martin. Our address: 21485 Millard Lane, Cupertino 95014. We are really concern and a�ainst the "100 vendor outdoor market" due to the following reasons: • intrusion and unsafe street • not a good place to raise kids due to outsiders coming to the neighborhood • house value will go down due to parking problem/ street warning � congestion in the area • visual blight of trucks, garbage, and porta-potties Thank you for your time. Sincerely, Lina Martin Shane Martin � a Colin Jun f�'�'�'� From: Arlene zimmerman [arlenezim@gmail.com] Sent: Friday, April 22, 2011 2:03 PM To: hmartymiller@yahoo.com; hook.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao Subject: Outdoor Marlet on Mary Ave. PLEASE DO NOT ALLOW THIS TO EXISTI We have a nice neighborhood now and want it to continue. The problems associated with this market would be: Too much traffic, parking infringing on our homes, cheapened appearence, and safety for our residents. Arlene Zimmerman 21386 Amulet Dr. Cupertino,CA 95014 Colin Jung �� From: AhayEsq@aol.com Sent: Friday, April 22, 2011 8:04 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com; averyconstruction@pacbell. net Subject: Outdoor Market at The Oaks Shopping Center Dear Mesdames and Sirs: I am a long time Cupertino resident living just down the street from Mary Avenue. I strongly oppose the Planning Commission allowing an outdoor market at The Oaks Shopping Center. I believe that allowing the outdoor market to operate at The Oaks will decrease the value of my property and all of the houses in the vicinity of The Oaks. The congestion from the market -- from vendors and shoppers -- combined with the visual blight (from porta-potties, garbage containers, and designated parking signs, in addition to the vendors and shoppers) will discourage people from buying in this neighborhood. The increase in traffic will make it more difficult for me and my neighbors to enter and leave our neighborhood. It also will make utilizing local attractions, such as Memorial Park, the senior center, and DeAnza College, more difficult. I believe it also will interfere with residents' enjoyment and use of the Mary Bridge. Certainly I would make every effort to avoid Mary Avenue -- the street on which I normally walk several times a week. When I contemplate the noise of installing and removing porta-potties on a weekly basis, I am horrified. The visual and aural blight will affect my own quiet enjoyment of my property. And why should my tax dollars contribute in any way to the clean up after each time the market is held? I urge each and every one of you to vote against the Outdoor Market. Thank you. Alys Hay 10704 Grapnel Place 1 . Colin Jung °? From: Robert Wiley [rjwiley@comcast.net] Sent: Saturday, April 23, 2011 11:19 AM To: Winnie Lee Cc: Marty Miller; Don Sun; Paul Brophy; Colin Jung; Gary Chao; Clinton Brownley; City Clerk; Glenbrook Apartments Subject: Mary Avenue Outdoor Market Dear Winnie Lee, My wife and I are current residents living at 10706 Amulet Place, Cupertino; about two blocks from Mary Avenue. We have visited the Farmer's Market at Vallco Shopping Center numerous times, both when it was located near Macy's and then Sears, where there is abundant parking. We do not understand why a Farmers Market is being considered at the Oaks Shopping Center, a minimum of once a week. The Oaks is a small commercial center with very limited parking, right smack next to residences. It is one thing having weekly events at Memorial Park ,with all the traffic and parking problems. This is much worse. Porta-potties, tents, and the accompanying blight together with the added truck traffic would greatly amplify the noise, parking, and congestion problems. Not only is a Farmer's Market at the Oaks Shopping Center not wanted, it is not needed! Thank you for your consideration, Robert and Felipa Wiley i + Colin Jung i'�� From: Sharon Zhang [lyzhang61 @gmail.com] Sent: Sunday, April 24, 2011 8:33 PM To: winnieleedds@yahoo.com; Colin Jung; hmartymiller@yahoo.com; Gary Chao; book.sun@gmail.com; City Clerk; pauldbrophy@yahoo.com; clintonbrownley@yahoo.com; averyconstruction@pacbell. net Subject: 100 Vendor outdoor market Dear Cupertino Planning Commissioners, This is Sharon Zhang, a cupertino resident living in Case De Anza community on Mary Ave.. We received the notice about planning to have an outdoor market in Oak Mall during weekend. Mary Ave is the main street we get out from the home to work, school and all other activities. It is a gate from the home to anywhere else. We found it was very convenient and fast to get on the high way from Mary Ave until the day there is a free market on De Anza campus. There are so many pedestrian who want pass across Mary Ave, or Steven Creek Blvd. Sometime, we have to wait for several turns of the light to get out of Mary Ave. Usually, the kids have a lot of activities during weekend, we need to get out of home and come back to home a few times in a day. If the kids have 5 activities during a day which is normal for the middle school and high school kids, I need to pass the traffic light on Mary Ave and Steven Creek Blvd 10 times. When there is event on De Anza Campus or Memorial Park, the average wait time is easy to go up to 5 minutes. The average wait time will be around an hour during the day. There are already a lot of events on Memorial Park, De Anza Campus and Flint Center, if the out door market on Oak mall got approved, Mary Ave will be congested for all the weekend. It will definitely affect the residents living in Casa De Anza community since Mary Ave to Steven Creek Blvd is the gate for us to get out from home to out side and come back to home. There are a lot of grocery stores and restaurants on Steven Creek and De Anza Blvd. It is very convenient for the Cupertino resident living this area for the grocery shopping or eating outside. Also, there are farmers market on Valco Mall parking lot on Friday, the residents who like the fresh farm product can easily get the fresh products. It is only 5 minutes drive. As a Cupertino resident, I am sending this email to ask the planning commissioners to re- evaluate this plan from all perspectives. Should this plan approved, there are definitely traffic jam on Mary Ave and Steven Creek blvd. It will definitely affect our daily life. Thank you for your time reading my email. Wish our voice can be heard. Best Regards, Sharon Zhang Resident of Casa De Anza. 1 1 `��'wt Colin Jung °? From: Daniel Bolster [daniel.bolster100@gmail.com] Sent: Friday, April 22, 2011 3:42 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Re: Sept. 26 Hearing As residents of Meteor Dr. at the dead end of Mary avenue we are definately not in favor of any more and specifically outdoor market activity drawing traffic to Mary avenue on Stevens Creek. The park, shopping area, and Mary ave does not have good crossroad location for outdoor markets. Highway 280 and 85 prevent easy acess, so traffic has to come on stevens creek or through the residential area specifically Meteor Drive. We currently have enough problems with transient traffic let alone adding 50-100 more days a year. Please no! Rose and Chuck Bolster 21357 Meteor Dr. Colin Jung ,�� a From: Daniel Bolster [daniel.bolster100@gmail.com] Sent: Friday, April 22, 2011 3:42 PM To: winnieleedds@yahoo.com; hmartymiller@yahoo.com; book.sun@gmail.com; pauldbrophy@yahoo.com; averyconstruction@pacbell.net; Colin Jung; Gary Chao; City Clerk; clintonbrownley@yahoo.com Subject: Re: Sept. 26 Hearing As residents of Meteor Dr. at the dead end of Mary avenue we are definately not in favor of any more and specifically outdoor market activity drawing traffic to Mary avenue on Stevens Creek. The park, shopping area, and Mary ave does not have good crossroad location for outdoor markets. Highway 280 and 85 prevent easy acess, so traffic has to come on stevens creek or through the residential area specifically Meteor Drive. We currently have enough problems with transient traffic let alone adding 50-100 more days a year. Please no! Rose and Chuck Bolster 21357 Meteor Dr. Beth Ebben i�� From: Traci Caton on behalf of City of Cupertino Planning Dept. Sent: Tuesday, April 26, 2011 9:12 AM To: Clinton Brownley; Marty Miller (hmartymiller@yahoo.com); Paul Brophy; Winnie Lee (winnieleedds@yahoo.com); xiaoguang sun Cc: Colin Jung; Beth Ebben; Gary Chao; Aarti Shrivastava Subject: FW: Concerned Citizen Comments to Proposed Directors Minor Modification to Permit Farmers Market at Oaks Shopping Center, DIR-2010-26 From: Brent Maxwell [mailto:brentkmaxwell@yahoo.com] Sent: Monday, April 25, 2011 8:43 PM To: City of Cupertino Planning Dept. Cc: brentkmaxwell@yahoo.com Subject: Concerned Citizen Comments to Proposed Directors Minor Modification to Permit Farmers Market at Oaks Shopping Center, DIR-2010-26 Cupertino Planning Commissioners: I am a Cupertino home owner (10391 Castine Ave) impacted by the proposed re-zoning (via a Director's Minor Modification) of the property at 21275 Stevens Creek Blvd, Oaks Shopping Center (APN: 326-27-035) to permit a Farmers Market (application DIR-2010-26 by Jerry Lami, Modena Investments, LP & Sunnyvale Holdings, LLC) on Sunday mornings and Wednesday afternoons. As I will not be able to attend in person due to a work conflict, I wanted to provide my input on the proposed re-zoning in advance of the public hearing on April 26 I am not in favor of the proposed re-zoning to permit a Farmers Market at the Oaks Shopping Center for up to finro days a week (Wednesdays & Sundays), as requested by application DIR-2010-26. In particular, my concerns with the re-zoning proposal center around the following: - Creates Unnecessary Burden on Public Infrastructure (i.e., Mary Avenue) & Impedes Neighborhood Access: Removing �140 private property parking spaces per the property owner's proposal for the Farmers Market up to twice a week creates additional unnecessary burden on the public parking infrastructure on nearby Mary Avenue. o Mary Avenue is already congested on weekdays and on most weekends — adding additional incremental public parking demand exacerbates a situation that is already an issue. Mary Avenue parking spaces are consumed during the week by De Anza College overflow parking and on many weekends by either the flea market hosted in the De Anza College parking lot or other public activities (e.g., festivals, etc.) in the nearby park. Creating additional parking demand by (1) adding additional recurring weekly events and (2) eliminating rivate parking spaces at the Oaks Shopping Center to do so will make an already burdensome situation worse. o Mary Avenue is one of the few access points to my neighborhood; additional congestion caused by the proposal will restrict access to my neighborhood even further. In fact, the existing De Anza College overflow parking alone is problematic from a neighborhood access perspective during certain times of the day; students drive along Mary Ave slowly searching for parking spaces, cross the street randomly — not always at crosswalks, etc. -- requiring additional driver defensive driving attention. Adding additional recurring events like the proposed Farmers Market -- that will undoubtedly consume additional public parking resources on Mary Avenue -- will impede my neighborhood access on additional days 8� times. - Other Organic Produce Options Exist Nearby: Whole Foods, which specializes in organic produce, is available for consumers seeking these types of products on a permanent basis, less than a half-mile away. Additionally, given the temporary nature of the proposed Farmers Market (e.g., operation twice a week for a few hours), it is unclear whether the vendors participating therein would be held to the high standards (e.g., quality, cleanliness, etc.) appropriate to our neighborhood as a permanent, respected tenet (e.g., Whole Foods). - Negatively Impacts Nearby Homeowner Property Value. Due to the real estate correction of the past several years, I have been personally impacted by at least a six figure drop in property value (based on recent neighborhood sales) since I purchased my Cupertino home in August 2008. Although these market-based 1 corrections are beyond the ability of the City of Cupertino to impact (at least in the short-term), the City of Cupertino and the Cupertino Planning Commission does have an obligation to its constituent property owners to avoid actions under its control (i.e., re-zoning) that will most like/y have an additional negative effect on property values. Given the resultant increased congestion on Mary Ave, additional restriction of neighborhood access, and unknown & uncertain quality of the Farmers Market vendors with no ties to the Cupertino community, I see no conceivable scenario where the proposed re-zoning would actually increase nearby property values — instead, it is much likelier to materially decrease property values. Permanent high-end structures and tenets (e.g., Whole Foods) increase neighborhood (and thereby property) value. Actions that result in additional infrastructure burden, impede neighborhood access, and introduce unknown transient vendors with limited / no ties to the community, most certainly will not. Thank you for your consideration of nearby homeowners' perspectives with respect to the proposed re-zoning proposal. As noted above, I am not in favor of the proposed re-zoning proposal. Please contact me if you have any additional questions. Regards, Brent K. Maxwell 10391 Castine Ave. z Colin Jun °��'�`� y � � From: Brian Avery [avery18@pacbell.net] Sent: Tuesday, April 26, 2011 2:48 PM To: Aarti Shrivastava; Gilbert Wong; David Knapp; Carol Korade; Colin Jung; carl.neusel@sho.co.scl.ca.us; Mark Linder; hmartymiller@yahoo.com; book.sun@gmail.com; winnieleedds@yahoo.com; pauldbrophy@yahoo.com; clintonbrownley@yahoo.com; Mark Santoro; Kris Wang; Orrin Mahoney; Barry Chang; Gary Chao Subject: City Staff Report. QUESTIONS FOR CITY STAFF & PLANNING COMMISSIONERS - Outdoor Market at the Oaks DIR-2010-26 Attachments: GL-Oaks Main Driveway (4-26-11) 006.jpg; GL-Farmers Market Parking and Signs (03-17-11) 005.jpg We have reviewed the City Staff Report, and we hope that Staff Presentation this evening can answer the specific mistakes and address obvious omissions as follows (if not, perhaps Planning Commissioners can ask for an answer?): 1. For the second meeting in a row, the circulation of the Oaks Shopping center is incorrectly presented to the Planning Commission: Attachment 3 shows that the Main Entrance to the Oaks allows drivers to make an immediate left to drive back to the Outdoor Market. That is false. (PLEASE SEE ATTACHMENT ABOVE ENTITLED OAKS MAIN DRIVEWAY) Approximately 15 years ago, the old owner of the Oaks scabbed together a barrier to turn left within the Oaks and instead direct 100% of the vehicles in a straight line toward Mary Avenue. To the best of our knowledge, the circulation at the Main Entrance was done without a permit. Will the circulation be restored to its original condition so that cars can turn left when entering the Oaks Shopping Center? 2. The original site plan from the Applicant listed exact locations for the following corporate food truck operations: Armadillo Willy's, Sam's Chowder Truck, and Roli Roti Rotisserie Truck. Applicant's updated Operation Plan, Attachment 2, deletes any mention of these corporate food truck operations. Are they to be included? Does City Staff recommend that these food truck operations are included? If City Staff thinks the corporate food trucks are wonderful, can the trucks be at the Stevens Creek end of the Farmer's Market so that the smell & smoke is furthest from bedroom windows? 3. Just prior to Public Hearings on this item, in the area where the Farmers Market was originally intending food trucks, the owner of the Oaks Shopping Center permanently took thirty four parking spaces and striped them in a boxed fashions so that they would be out of commission seven days per week. (SEE ATTACHMENT ABOVE ENTITLED FARMERS MARKET PARKING AND SIGNS) Can City Staff explain to the Planning Commission who approved of this permanent striping and why? 4. We are very nervous about the sixth paragraph of Attachment 2 where the Applicant "failed to mention that many vendors require more than one tent space", that "all vendors will be placed within the boundary of the shopping center", etc. Shouldn't all vendors be placed within the boundaries of the 105 parking stalls? How else can you monitor this Outdoor Market. A code compliance officer should be able to count 105 parking stalls at any given time.......not have food trucks parked elsewhere or "vendors (elsewhere) within the boundary of the shopping center." Why does the Facilities Plan get submitted AFTER the approval? 5. On page 2-6, City Staff says "potential noise concerns have been addressed." Wow. Can City Staff back up their conviction on addressing noise if the attendance is 500 people, 1,500 people, 2,500 people, 3,500 people? What are your assumptions for number of customers and do you have acoustical data for outdoor crowds? What are your assumptions for # of customers? Have you talked 1 to Farmer's Market Associations like we have? Do you agree that you have no cap on the # of attendees, no cap on vehicles, and therefore no cap on outdoor noise? 6. On page 2-6, City Staff highlights "the convenience of buying farm fresh produce." Applicant has thus far designated vendors for flowers, plants, arts, crafts, jewelry, photography, and food trucks. My understanding is that 80% of a Farmer's Market vendor list is usually designated for farm fresh produce only. Without a designated minimum for farm fresh produce only, this outdoor market could easily become a permanent arts & crafts fair with food trucks and a few vendors selling produce, correct? City Staff can't designate their approval of an outdoor use without de�ning the use! Please define the percentage of vendors designated for farm fresh produce only. Parenthetically, this is how other cities have gotten in trouble with unsuccessful outdoor markets: the romantic intentions of a farmer standing with fresh eggs dwindles to the reality of the same photographs, wind chimes, jewelry, and food trucks seen at the "flea markets" that City Staff has guaranteed are not a part of this application. In closing, to be exact, one Mary Avenue resident (out of thousands) spoke in favor of the Outdoor Market at the Design Review hearing. Three residents (uncommitted) attended the "neighborhood meeting hosted by the Applicant". We hope that City Staff will quantify the exact number of Mary Avenue resident letters in opposition from Design Review and tonight's meeting so that the Planning Commission can decide if, like City Staff, the Planning Commission has the conviction to pontificate that they know best how to "provide an opportunity for the neighborhood to gather together" on Sunday mornings and Wednesdays at commute time. The neighborhood opposition is virtually unanimous and unwavering. We hope you can take a moment and step back and look at the overlapping uses already in play in our neighborhood. Sincerely, Brian Avery avery18@pacbell.net Concerned Citizens of Mary Avenue Residential Neighborhood 2 F ` � t Aarm': �* r. x : �S . k � f �� r ` . r : Sh. , � . � `,�. • . `�, �* � , : � . . . 1 �(�. 1 � �.�iC � . . r R , r ° > � �, < y � , � .. ..; _ , . 2 , Y e ' t �� .5{, «, . � �t`hiut' �J �°� #' * i� .� .� , � '�Eff Y �A , ' x ' �e }X � •r �. .J' "'*.° �1�� . '�` � n � .r 1�� tqf . . . � �-� µ� � , i, � n } y i '� '�.va '>� `�' � . �e �[ f fi ".. . a 1 a yfy `A` �e�# w i1 � , y� y 6� � '�' �° _ .� _ { � � �' ��. e#� � -�' _ � . � r �? + �'�.` A ,� � .rt � � + A } „ ,� .� �' 1 f � 1 1.'�f'. �� . e *� : � � �� l � � . , � � t �t i Y+s � �e � ).�.� � �`� • . M . � ". ' �' � , V � � 3" y +�te � �' f<: > � : . < a . .�' } �` � � ++ � �4 4 ( -' r t .�' � � � � � _ �� r ° t � � ; ��; � � ✓�. - o � �°, � � s ' . _ � r � p , r ,.��'' �: � ,�jx Sy � . ;` � . ,t � �� , � ;� � � �� ;� s � ,�� ' � �� ,y �` � >-' �' "� :.,: � - dt�, A ' - .'�•; � . � z "� b� � +'. - �. �*' N ,. -� 4 gc I Y° I ! �, �" #. x�. � t � v � � E r' M`" , . . . . �SSt°�3 �r ' # t �' F , �ji 7 A "�# Z `k ', _ � �� . . �� ., 1 t ° � °M�� . A � �, e rt �. . �. � f� � , . _`".+, � .' � � t� .- � : t . ' . ; _ . __ , . " �� : . a . � }± '�' , t '` +s * � '*�- '� � t � � ` ' ' w �°�i4'�! � 4'� g�,p3 �� k'� `i��{ �'� �`; t s„' `4 � ��t 'M� ly� x } tt � 1P �Y ��s s" �5`'a"S _ . ,-. , a , .� � :' ` � � , - .�. 4� . � �` ,�� w �^'�"� .. . �� t .� � �� w a : �� . � - ��;s�:� �� - + � ' "` ♦ . <� � ' M � ,�, ��,� � �„` ; `� c �, �� . $ . r s "` �, „ � � F� � .� "�':,�� .-o- ��»a� '"� . �., �� t � K � F., u - ... f �,...—.--- "` F° � . ,�,,,.+. 4 � �e'. ". ' :., . . � � L� _. „ y � � � , "y� .,. - �t ,. , _ °`M:. 3' . _ .,., .., ,�� ..r .� , w � � .�- - _ «.. . . - ti � � n -�. '., � �` � �t: . � � :� . �: ; ,. � : � , � � � ._... _ ,. = ,,��, • .«a� +��.*' °- � �m.,�. � � "" ` % " ,,+- �_ * �„�.F--_� �, `� _ �, c " � 4:�`�F�s;.��. '��"�-,: �",� pa.,e .. .. _ . � � . ._ . . °^"'_ . _ e . �� .�«,„., �.� � . ..-"�^2 _, , ,: . � , r::8e.. q.: �. .: e � � . , n. .. .. . � . . .. . . � �-_ �� ,� ,-. ,,�.:` _ �f� #K"` .�° n. r� " .ri-� � � '�.� ° � V.4� .. � �..�:�� ` - %�� . . +� E s � l ,� y � �° �_,�, . .,�.,�r�r=:�. . � _, . _.� � �� <,� . � �" �� '�� °_ a -�� °�,: e '` � o. .. . � I::. .. i � s � II�I�� x «, r �� : 3 � � I I � I � I �� & I� � i I � G,g re P I �� .,,.*Y'�( : II 9 ��i�ll �I �� .. rek;;� a ........:^� �� a � � � � .... ...»,. .,,,. ..... . ... _ .._.... .. .. ,..� ..,.,- ,�r = me� �� ...�� .. „�� a � Telephone (65Qa 961•8330 Fax (650) 965-9i$$ 13Q E. Dana Street � ` Mountain View, California 44041�1599 O N S T R U C T I O N C O M PA N Y City of Cupertino Planning Commission City Council April 21, 2011 RE: DIR — 2010-26 Oaks Farmers' Market We voiced our firm belief that approving a farmers market at the Oaks Shopping Center would be detrimental to both the Glenbrook Apartments community and the Mary Avenue neighborhood in general. To support our belief, we, with the help of our attorneys, have done considerable research into farmer's markets with the State of California Agricultural Department and the University of California. Listed below are some of the points that we believe must be addressed prior to any decision or recommendation being made by the City of Cupertino. 1. Under California law, farmer's may only sell directly to consumers — rather that middlemen, retailers, or resellers — only at the point of production or in an area certified by a county agricultural commissioner for sale of farm products — a Certified Farmer's Market. Mr. Lami, the applicant, stated at the Design Review Committee Meeting that he has experience working for certified companies; however, he did not state that he was certified as required by law. While Mr. �ami's certification or lack thereof is an issue between him and the City of Cupertino and the County Agricultural Commission, it is a concern to us because we assume that the certification does more than provide city, county, or state government with a small monetary fee. The certification provides assurance that the management of the farmer's market has a full and complete understanding of all elements of running such a venture and has the expertise to control not only the market itself but the fallout that will affect the neighboring communities. Without this certification, we do not know that Mr. Lami has the necessary qualifications to understand the complexities of what he is requesting and how his request will affect us. Based on his request and on the comments he made during the review, the opposite is true. Mr. Lami requested the approval for 100 vendors. When City Planning was asked how many parking spaces were to be used, and how many vendors would fit, Colin Jung, with City Planning, stated that the area indicated on the map submitted by Mr. Lami would only accommodate 50+ vendors. We firmly believe that an experienced, knowledgeable, certified farmer's market manager would know how much space is required to accommodate 100 vendors, or conversely, how many vendors could he reasonably accommodate in the area designated. Mr. Lami did not know this. 2. California law states that Certified Farmer's Markets can only be operated by local qovernments, certified producers (farmers) or nonprofit orqanizations like PCMFA. We believe that this is not the case for the proposed Oaks Farmer's Market. 3. Security: "Unfortunately, as a public gathering, a farmer's market can become the scene of a crime. Theft and disorderly conduct are two of the most common...Successful markets transfer ...thousands of dollars in case during a few hours. This large volume of cash can temp thieves...” We also stated our concern about drawing people into our neighborhood that do not live in the area. We were concerned about trespassing, vandalism, and disruption of the quiet of our neighborhoods. We now understand that the advent of a farmer's market may also bring a more serious criminal element into our immediate vicinity — within 100 feet of our bedroom windows. While security hired by the farmer's market may help curtail criminal activity at the market itself, that security does not protect surrounding homes and vehicles, which can become a secondary target. 4. The California Food and Agricultural Code, which can be viewed online at www.leqinfo.ca.clov, states that, "The governing body [market management] of any certified farmer's market...shall adopt written rules and procedures pertaining to the operation of the market. Has Mr. Lami provided such a document? We firmly believe that the City and the neiqhboring communitv are entitled to an understanding of the operation of the proposed market so that we have the opportunity to understand the impact on any element of the market on our homes and lives. Therefore, we believe that such a document should be required prior to any approval by this Commission or by the City; and that the public should be able to review this document to determine if homeowner and property owner concerns are addressed. 5. "As a market grows and evolves...its size and activities change. Useful documents...include a copy of the market's rules...maps showing the market's...proposed locations, scale drawings of the market's layout, indicating placement of individual stalls, emergency access routes, and other temporary...structures." We stated concerns about the size and location of the proqosed market site. Our objections were reaffirmed by the vague and amorphous state of Mr. Lami's request. He requested Saturdays and Wednesdays on his application. His letter to his existing tenants mentioned only Sundays (when many of those tenants are closed). During the meeting he changed to Wednesdays and Sundays. Then he changed again to Sundays only "to start". He requested approval for 100 vendors, but only 50+ will fit in the space he indicated. Given Mr. Lami's lack of a firm vision, we believe that it is fair to require Mr. Lami to submit a firm, detailed, realistic proposal that can be reviewed on its merits. That proposal should include the documents listed above. 6. "Pets, with the exception of guide dogs, should generally be excluded from the markets." What is Mr. Lami's plan in this regard? Given the proximity of the newly approved dog park located approximately 1 block down the Mary Avenue, is this a reasonable location for the market? How will the market be posted to prevent pet owners, who have been encouraged by the city to bring their animals to the area, from taking their animals into the farmer's market? 7. "...a vehicle accident at Santa Monica's popular farmers market resulted in ten deaths and serious injuries..." What is Mr. Lami's plan for routing traffic for other businesses at the Oaks, before and during the farmer's market? Will safety require the closing of some entrances and force more traffic onto Mary Avenue? In addition to these points, all of our original concerns, as discussed during the Design Review Committee Meeting, still exist; noise, additional traffic, trespassing, disruption of the quiet enjoyment of our homes, safety, and security. I have attached A Guide to Manaqinq Risks and Liability at California Certified Farmers Markets; by Desmond Jolly, Ph.D., Extension Agricultural Economist, Department of Agriculture and Resource Economics; Director, Small Farm Center, University of California Davis; and, Chris Lewis, Post Graduate Researcher, Small Farm Center, University of California Davis. Additional information may be found in The California Food and Agricultural Code, www.leqinfo.ca.yov; the California Federation of Certified Farmers' Markets; or the State of California's Department of Food and Agriculture. Please let me know if you have any questions. Sincerely, Ted Hattan Property Manager Avery Construction Company (650) 961-8330 ted@accomanagement. com � � ��, � �� m „�. � � �� ` �� n: ' , � � � � s` � � , `��= x � '� � �� r � � �� E �� ° � g? � � � � .y �.: �.�� i �;� y�`�`�� `-, ,�:� .� � �e '"' � -' �, #�n. , -a � � . � �+�� t � § ' � ��', v�,�� a -� : � ; " � � � e � � � _ i ii e �� ` �. � �, , �_ � � � � �� F, � .��, � �' � � �` '� � 6 � : � �- � � �= �'� � .. s ,' �� -. -� � �s � � ' �, �� ,� �=°°� �� ,g � �,' �, ' °�y' t5 ;, �^.. �` # � � �_: Y 6 �� £�� t ��..� _ � �.. �� . :��.,�",.. �� ° � ��a" � � �� E �� = �� z � . �; � � , � � � 4 i � � '�' {3 � i i +i � i %� _ °*�a.i ¢��rIR�' , � � � � �;.F''.x s `� %" € � . ; ., ,;,.� � t-,��,i�-k.+; t �ii. �"_ } I�I � € � ��M'�! „�i i � � • � � � � �i � m��l ��'�, � �j , 4d� i .� � � ,� III I .k'� �� i , �� i�k, i; f3 �� 25a�i ' . � ,.��b ° � �3.' H � t t � .�Y � E.. m � � ��.,.d�� k � �¢�.a ; �� _ �`k�^�y'�` ` p �� ° � � �� c � � � ,� �'�� '�� s�� "� t � � �s� , �� : � %I � � - � a � � � � • • � � �� q � ` - — 3 � � -t �`;�, � � 3 t ,g �� r , ��. � „ ? a.. _ a , � �� ' F�= :t� .��ta . ��-: � � �� / 'a �.� , _ , � � � ° �, : �` � _=� ' _- �: � � �� '�- � � � �_� � � � � ��. �� ya� ; �� P � �, � � � Managing Risks and Liabili�y � a� �alifornia Certi�ied Farmers Markets � � . i.,. i�e✓i I4� �{..:�� Y ��6 t.l...✓. � ExtensionAgricultural Economist Department of Agriculture and Resource Economics Director Small Farm Center University of California Davis �� r-�� ._�3��.,�� _ ��f"'�� 'E,��`1�S � �� ` � � Post Graduate Researcher Small Farm Center .� �� University of Califarnia Davis �; Rurii�ing a Safe arid Secure Market � . , Assessing Specific Risks * � C?bt�uning �iability and Other Insurance � �� .TypeS ; flf Irisurance ��` Fart�er� Mark�t Activities, and Related Insurance � � � �� t�rk�r� C.�a�np�n�atior� I�surance � � �� sR��t�l��n�. Perr��l:s� ar��J L.icenses, � � $ � ��.��a�r��c�t�d an� Agncu.lture Cade � �� z � � � �-�� t�a��t�f �i�Qd�anc� Agriculture ��` $ � �€a��`a��ncl SaE`ery Gocles � �:��,� �� # .�� '9E ��" ' � �� : . � �^� �� $ � �� , � �� ` � �� `� ; � . � � �'� ` � �, � � � ��,«�" �� a�' r � ��t� A �at"r�rs��rke� Safie Checklist �� - �� ~ � �� i�,�{�,��r�� Rep�r�,�ocm a - � ��,�c�� 1te��Y+�u� �a�h at Market Y �� , � � �� ` ��' �� `�. �£��_��' � ��r � � � , � s � �`* � � � �,� � �� ,. � � `� a��'� �� . �� ^�� ,� �"�'�e� .. � . � �� '�� y �. � � s ��..°- � �� $ �` � � �� ._ # � . �� , � �� , �� ,� ms : � � . �.=�' S �e �' #�".� �� ..,� ;�,� � � '� � � �i�� .. �` � � z �� e � x _ ��.� � .� � '�.:� �� °_ . ,��s� �.�� .er��e �� <�. `�"��-�="'��- � � �r�� s �' � � a �� y +� � �� `�'� �.�� _ �� s � �' s g�€� ��' � � �, � � �''� - �. � . � . � � �� g� ' � � � �� '� -g � �. . � � �',� � � x � �� `� �� `� � A m �"°� ��_ �x � s � � , � � _ � � �` � - . '� � � � � fa � e �'� � �� -�� ` �^�` s � -� e� �` „g�'� . � � � �- : �� s � `r�.-� F*'ta � � �, - � � � , �� fi �:. � � € - � '�- :- �� '�`��*$ � � .� � . � �` �� °�- � � �°° �� : e � -� ; €' � '�.�-`t "W � �� , � � ��;�£-��"` x �"� � � � � � � �: � � `��,� � t � . � . .. . . . . . _ . � �'�,�'��°�� -�� , _ , € �: e•,e�� .�. " . ..< .� � �� s �i: t Hl�na.ging Ri�ks and Liab►i�it�r at � Cal�fornia Certified F�rm�rs Markets � ne of the most important consider- � s ` d ations in running a farmers market, one I�1 �� a that demands a manager's constant supervision, is the safety and security of the �. ; market's customers, vendors, and community at ' -~"my'"'" �, e large. Nothing compromises the viability of a ' ° farmers market more quickly than personal injury, �� _ property damage, or theft. In a recent incident, a �� vehicle accident at Santa Monica's popular farmers � market resulted in ten deaths and serious injuries to g many more customers and vendors, tragically emphasizing just how important issues of safety and A busy day ac an urban n,arket can draw tt,ousands of visitors. security are. �� ° ` � �. ' � , ' � � � >r° Risks vary with a market's size and location, but in j � every case advance planning and preparation can ; , � reduce the likelihood of accidents and the hours of �_� ' � a manager's time that must be devoted to crisis � � i management when accidents do occur. A carefully �� ` crafted risk management strategy also can reduce ��. �� consequent liability costs incurred as fines, fees, and �� < other cash payments and lost business. This publication focuses on common risks associated with operation of a farmers market in California and provides guidelines for managing those risks �' i effectively to reduce the likelihood and cost of such events. a � � ii� _.-�... � � � � �,� �� L ��, � � � �� °�� . r� 4 ��a � � .�� . �,� � �� »< f * �. � .�`� w�� I� �, ? tt � . , : Laytonville's rural farmers marl<ec. r Running a Safe and Secure Market afety should be one of the primary objectives �� email and the market's website, and of market management during every phase of �, annual or other market meetings. a market's development and a day-to-day concern throughout each season. Considering safety during both site selection and development Assessing Specific Risl<s of the market's bylaws and operational protocols The following sections address specific safety issues can greatly reduce risks once the market that market managers frequently cite as important, commences operation. along with suggestions on how to reduce exposure On market days, continuous monitoring of safety to these risks. issues by either the manager or by trained assistants helps to ensure reduced risk exposure for Structures, Tables, and Surface Conditions everyone associated with the market. Temporary structures such as canopies, umbrellas, ��.� ��s�� E� ��s, ,�. �_� ��n; o�� and tables are easily knocked down or blown over. ��y� _ ��. � �� Uneven surfaces, curbs, and potholes are easily �- � �� `�"" � e , �� obscured by boxes or debris, and wet surFaces can �� '" �� be slippery and hazardous to customers maneuver- � ing through crowds. Market managers, staff � members, and volunteers should constantly watch for such unsafe conditions. Use the following � { guidelines when scanning the market for safety � concerns. fr � �� Shade structures may require anchoring to ` �, heavy objects such as buckets filled with concrete. �, � � ��r Tables and other display equipment must be ,, � r r__� � _ a..� _ A ��_ �r�. r. _ �� .um_.._ e , � � strong and stable so that they will not collapse The�market rnanageme��t boor.t� is �a key elernenc in the under the weight of produce or if bumped or safety infor network. nudged. � �� .� Delegating this �� Wet, icy, or otherwise unsafe surface condi- � �� monitorin to ualified, � �� S q tions should be marked with caution signs and �� ,�"�� trained assistants and possibly taped off to prevent access. � *� �..�„"'�,,��,,, � � volunteers is � i�'" ;,,;,;� "�� ,,,,,� � �� appropriate, especially at � � � � �� larger markets, but �---- � � � ° � � - volunteers cannot �Equipment�failure and "trip and � �.. � � �� *�. ��' � replace a manager's fall" �accidents �are the most common� � �� .� � �: � P� �= ° overall responsibilityfor types of risks�atfarmers markets.� � � foresight and � � � � r� � � � � ; enforcement of safety , � 4 ' ` �.�� a.__:., ,.� ��..,. �,�� ra ��,�,. _, precautions. = Newsletters and annual i7ieetings Vendors and Customers ' ` eciucate vendors about safety issues can be kept informed and regulatory changes. about safety issues and � upcoming events that might require special consid- erations through: �? newsletter articles, � � � �� Any such hazards should be F t�� leafleu and postings at the market's informa- �� clearly marked. � � tion booth, ;� � �� ' � �� ,� � -° �� a � � Market-owned equipment should be routinely � �,.. ��, � �� . v y � `;; � �`��_�,� inspected and promptly repaired or replaced if � �`� �- �� +� broken. Examples of some items that need routine � _ _ . � � � � '. �� attention include chairs, tables, carts, shade struc- � tures, hanging signs, fire extinguishers, hand rails, 4 ' barricades, and light fixtures. Facilities such as � � �" � 'i�� „_ � restrooms, waterfaucets, drains, and electrical � � "�'� - outlets shouid also be routinely inspected. ` � $ � � � Fire and Electrical H�zards ,, ° Before the market opens, verify all of the following. � �� '� Check with the local fire department or '' ��a Surface conditions such as potholes and inspector regarding potential fire or A uneven ground should be noted and reported electrical hazards — special use to the a ro riate a ent for re air e. ., the Some PP P S P � S permits may be required for activities property owner or city officials). temporary electrical service. �� Vendors should maintain clean, orderl stalis require special Y t� A working, routinely inspected fire � permiu. � with minimal clutter. Waste should not be extinguisher should be located at the $ allowed to accumulate on the ground. It should market informa- ��° ��= h �'' I �� be kept in buckets or other appropriate waste tion booth and at �� "�� containers. the stall of any � See the So fety Checklist under Appendix A for a vendor who uses : = s more complete list of concerns and use the electricity or open �v � checklist to routinely assess safety risks at your flames. �� . � market. U If extension cords are used, make Emergency Access sure they are Emergency and public safety personnel and vehicles protected from � �� may at times need to enter the market. Adequately foot and other F � >�a � E� �� F�m �°�T �, �° � wide and frequent access lanes facilitate this vital traffic and that Vendor stalls where open flair�es or service. Local authorities such as the fire marshal they do not electriciry are ii� use should be equipped can answer questions about these requirements. stretch across wet w�th fire extinguishers. With regard to emergency access: areas. �� Check with the fire department regarding � First Aid protocols for access for emergency response vehicles and personnel. Injuries and other health emergencies occasionally :, Plan for several entrance and exit points and occur at large public events. In such an emergency, proper first aid can make the difference between for sufficient unobstructed space between stalls life and death and significantly reduce the likelihood and along main isles. of serious liability on the part of the market. Some �:% From market set-up until the last vendor common injuries and health emergencies to leaves, monitor access areas to ensure that prepare for include: they remain unobstructed by boxes, bicycles, r,� heat stroke and dehydration vehicles, or other objects. � a �a sprained ankles � Equipment and Facilities � minor cuts and scrapes While "walking the market," make a habit of ��- health crises arising from existing conditions inspecting vendor tables for signs of overloading such as heart attacks, strokes, diabetes, and and keep an eye out for obstacles overhead as well asthma. as underfoot that could cause accidents. Also, watch for jagged or sharp objects protruding from vehicles, canopies, and tables. Be sure to have a complete first aid kit at the � manager's table or booth and make sure that its '" ;. � location is commonly known and clearly visible at � the market. A bright banner or flag, for example, � ,_ helps people identify this important service point. If possible, the manager or another person who is � typically present at the market should hold current first aid and CPR certifications. Check with vendors � � and other staff members to see if they have such training. The American Red Cross offers courses in � �� first aid, CPR, and other types � `°' � �� ° .�:._ �_�_� a.3�,_r .�> < = > :. �� E of occupational safety training, ; - .. :, �.._� . � _�,,.v�� .G�� m . �� .. �.._ �� ,= .. ,a ; i�` °� �� and other local agencies such as Traffic safety devices s�ach as these cones help to protec� - fire departments may offer p�destrians ac busy crossings. � � tl"dlfllilg 25 W@��. 52e t�12 r�� a�,� s�� t.uffi� �=+��z ��»s��,» e� �� x �.��,t°s��: � Resources section of this guide � �� for additional information. � � �. � � � � �� „� � Food Safety ` �il�ir �'"' ��= Proper food safety practices are a critical component of any � ~�� market's successful risk � ; � �� , e, . m s• � ' �, � management strategy. For more � �" k� � '� �� --�� information, see the companion �. � � ^�� Proper food safety pract�ces guide on this topic, Food Safety �� ; . . . �a - ,, . �- _ �� :` are critical when vendors at Farmers Markets and �� offer samples. Agritourism Venues "�°� `"" `� � �� '��`� �� . ` "�' � � ' Large construction projects c�n impact traffic flow and (forthcoming). parking in a rnarket's vicinity. Night Operation Consider the safety of customers while they are on For a market that operates at dusk or into the their way to and from the market from parking evening, plan to provide adequate illumination on areas or public transportation access points. Does paths leading to the market and throughout the the market need a volunteer to assist people who area. Inspect lights frequently and promptly service are elderly or who have limited mobility cross busy broken or inadequate fixtures. Night operation also intersections? Can city personnel help by providing sometimes requires additional security such as traffic control extra police service. devices, police � ,,� ��,m. �, ��w.� : � � personnel to � �� re ulate a crossin 2 � Parking and Traffic S 8 � Parking and traffic issues are growing concerns at or additional � �� parking closer to markets, and they often influence where markets the market? � ��' �`" can be established. Market management should � � �� `�� , � consider these issues periodically as a market � � grows and particularly whenever a special event is � � � planned. Other factors that can affect parking and +� traffic at and around the market include nearby � � � construction projects and other events being held �� nearby. � - � �._��_ �_y�� .e�e.� � Special parl<ing restriccians help to reduce accidents iiivolving unauthorized vehicles entering : or leaving the mark�t. Accidents involving vehicles are of great concern � ,�� :��, - � � ,,� � ��, :, ' `'� ,�",�� when a city street or parking lot is transformed into � .� � � I �� a busy market filled with pedestrians. The risks in �� `�{�� these situations can be substantially reduced with � �� careful planning and monitoring. �-. Vendor vehicles should be equipped with � wheel chocks or blocks to prevent inadvertent � ,..--- motion. � ` °�" �.� � �; Some markets exclude vendors who arrive late j u� and do not allow vendors to leave early in �� order to minimize hazards associated with � � vehicles moving through the market during ` peak customer traffic. � � � Cs� To improve access and eliminate the need for '�,�p ;, ,, , r. ��,�,� r �,,��, a ,, rs. � ��: double parking, some markets provide custom- Sp�cial ev�nts ofte�� draw larger than usual crowds. �� ers with a drive-up loading and unloading zone. It might be possible to have the city designate an official "white zone" on a street adjacent to This document is available free from the the market. White zones are parking areas Department of Health Services at ww.dhs.cahwnet. along curbs that permit stopping for loading gov/ps/ddwem/environmental/Institutions/ and unloading passengers only during specifi- GuidelinesReducingRiskPetZoosMD.PDFand is cally posted times and days. summarized in our forthcoming companion leaflet, Food Sa fety at Farmers Markets and Agritourism Pets and �ive Animals �enues. Peu, with the exception of guide dogs, should � generally be excluded from markets. The crowds Specia) Events and excitement can make even well-trained pets Special events require careful consideration difficult to control. Other live animals, for sale or regarding how they affect entrances, exits, and demonstration, should be securely caged or traffic flow at the market and whether or not they penned, and such activities may generate a need for present other risks that are not part of the ¥ special inspections, licensing, or permitting. Health market's day-to-day operation. codes can be very restrictive about these matters. Review special event plans with the market board Managers of markets that offer petting and with local officials. ° zoos or other activities where people �,�iPi�uel �Illfii �� Discuss each potential come in contact with live animals shouid � � risk point by point and review the California Department of �' � arrange to manage or Health Services' Guidelines for Reducing � '` reduce it. It may also be � the Risk o f Disease at Petting Zoos, Animal �� wise to contact your Exhibiu or Other Areos Where the Public insurance carrier May Hove Contoct with Farm Animols. ��'� regarding any activities � � that go beyond the � � market's routine. This is '�"�'�' F11= . � � � � "-' � especially true if the r 4�� , N � �� activities increase � � oF existing risks or add new ��' SK�►�'EBOARDS n �.�, ��s� � �x .,4_ �,�,� exposures. �� N ��{�� PARK . Signs and postii�gs can reduc.e � � °'� risks associated with certain ' activities at the m�rket. SEC. 17A-6-6 pAYlS tITY CODE � , ° „� -., =ff .�-� .�, �� Weather Staffing Inclement weather conditions such as rain, ice, and Unexpected staff absences make it difficult to snow can drastically increase "trip and fall" risks. provide an adequately safe environment at a Strong winds can topple equipment, and extreme market. Maintaining a list of alternate staff sun and heat can be hazardous for everyone, members or volunteers who can replace someone especially elderly participants. who is unable to work on market day helps to On rainy or icy days, slippery walking areas should minimize gaps in safety. For special events when be clearly marked with Caution signs and also may customer turnout is high, additional workers may need sand or salt treatment to increase traction. be necessary. On hot days, offer access to drinking water and a shaded place to rest if possible. R�port5 If an accident occurs at the market or at a special Security event, it is important to make and maintain a Unfortunately, as a public gathering, a farmers written record of what occurred and where and market can occasionally become the scene of a When the accident took place. In addition to crime. Theft and disorderly conduct are two of the facilitating communication with authorities and most common security concerns that market insurance adjusters, these reports identify where managers encounter. Because farmers markets hazards exist and suggest how to prevent similar often bring together people from diverse communi- accidents in the future. A sample Accident Report ties, individual vendors may not be familiar with the Form is provided under Appendix B of this guide. risks involved in doing business in an unfamiliar environment. Successful markets transfer tens of thousands of dollars in cash during a few hours of operation. This large volume of cash can tempt thieves in any '' community. Some special considerations for managing this risk appear in Appendix C, Protecting your Cash at Market. Some markets have volunteer or paid customer assistance staff on hand at the market, particularly at entrance and exit points. These people answer or redirect customer questions and monitor incidents that could require immediate attention, such as an unleashed pet or a disorderly person, for example. A quick response often helps avert serious consequences in hazardous situations. It is important to share all of these precautions with the market's vendors and include them with tips and other topics in the market's newsletter. Annual reminders are important, particularly when a market closes between seasons. In addition, it is prudent to provide this information to all new vendors before they begin participating in the market. In some cases, markets have hired outside security services or contracted for additional city police services to enhance safety. These matters sho�ld be discussed with the market board of directors and at the market's annual meetings. ; t�btaining Liabilitp anti Cyther Insurance perating a farmers market is already a — challenge without concerns about large Liobility insurance is one o f ihe major financial losses suffered as a result of eupenses for certified farmers markets. unforeseen circumstances such as property dam- This cash demand con be a determining , age, theft, accidents, and worker injuries. Good factor in whether or not a market gets o f� commercial insurance coverage protects the the ground. It is `importont that market market and its employees from the impacts of such organizers knowsomething about obtaining = events and is therefore one of a market's most the besrdeal for their insurance dollar. ' important financial investments. It can save a — From Organizing a Certified Formers Market market from disaster after a severe loss, not only by the California Departmenc of Food and preventing the market from failing but also allowing Agriculture it to recover with minimal interruption and manage- able financial liability. Over time, as a market develops and evolves, the kind and amount of fixtures, and equipment. Property insurance can insurance coverage required often changes, so also be extended to cover the personal property of market managers should periodically re-evaluate others (legal liability). their markets' needs to ensure adequate coverage. Cammercial Autamobile Types of I nsurance Commercial automobile coverage protects a market from losses incurred while employees and Commercial insurance covers broad areas of risk volunteers are using vehicles during market opera- that are common to many businesses. Some kinds tions and for damage done to vehicles covered in of coverage include: the policy. Most policies address each individual -. commerciai property, vehicle separately, and coverage and costs vary �- commercial automobile, depending on factors such as vehicle size and s� commercial general liability, intended use. ti>� directors' and officers' insurance, and �ammerci�l General Liability �� workers compensation. Most of the remaining risks to which a market is Farmers markets are much like other businesses in exposed are covered under a comprehensive terms of the general types of commercial insurance general liability policy. Factors that determine the coverage that are appropriate and at the same time specific details of this kind of coverage and its cost introduce some risks peculiar to their activities. An include the size and location of the market and the understanding of the general types of commercial various activities that occur there. insurance that are available can facilitate communi- cation with broker-agents and help managers obtain Directors' and Officers' Insurance appropriate coverage at a reasonabie cost. Directors' and officers' insurance is a specific type A brief discussion of each kind of commercial of policy that safeguards the market's board insurance coverage follows, with additional empha- members and management staff from legal action sis placed on workers compensation insurance. For not covered in a general liability policy. Even the more detailed information, see Small Business Guide most proactive risk management policies and to Commercial Insurance, a publication available free Procedures cannot prevent a board member or from the California Department of Insurance. market manager from being named as a defendant Commeecial Property in a legal claim while acting on behalf of the market, and indemnification clauses in bylaws provide only Property insurance covers declared property that is limited protection against some types of liability. stolen, damaged, or destroyed by perils specified in Directors' and officers' insurance can, for example, � the policy. Property insurance typically covers provide broad coverage for employment-related buildings and structures and can be extended to claims. include personal property such as furniture, Farmers Market Activities and Assess;,,gafarme�ma�et�s Re�lted � t1SU t"3C1Ce insurance needs starts withlisting all the activities the market sponsors or Under normal circumstances, incidents that result in engages inthat could result in a loss. liability on the part of the market and its employ- The activities list is also useful in ees, affiliates, and board of directors should rarely, assessing other needs, such as if ever, occur. Still, managers and boards benefit permits and licenses. from being informed about these risks so they can protect themselves and the market from liability. `� `°' �� ` � � ' `°"�'�� ° � � °- ��'�'" ° �` � Equipmentfailures resulting in injuries and "trip � ;s7 �� and fall" mishaps are the most common accidents at farmers markets. Potentially � °�� `� hazardous situations result when temporary �� structures such as umbrellas and tables are knocked down or blown over. Boxes and � debris can obscure uneven surfaces such as � � curbs and potholes. What steps has market °� � �� management made to assess and reduce these ' � '�'�� risks? How are they monitored on an ongoing �«.=�� ` 'i i ' i > basis? . � `� °'�`"'` ` � �` "�" ��°�� "`� " "� ° ``� , " "°" "" � "��` ` ` ��> Accidents can involve vehicles travelling within Farmers markets engage in a wide variety of the market area and vehicles used to transport activities, many of which introduce risks not typical people and equipment to and from the market. of other businesses in the community. They often what efforts has market management made to take place in locations normally used for other assess and reduce these risks? activities, are located outdoors, and may attract =1' Special events at markets can increase risk thousands of people to a location for only a few exposure and introduce new risks not normally hours a week. Some occur in conjunction with covered by the market's management plan or other events that serve prepared foods or offer insurance policy. Will larger-than-usual crowds activities that bring people in contact with animals. or additional equipment affect traffic flow or As a result of this diversity of activities and condi- compromise emergency access? Will animals tions, insurance providers and risk management be present at the market? Will alcoholic professionals, including public regulatory and beverages be served? How are these risks emergency response agencies, usually examine each being managed? market individually, reviewing its unique set of <�' When the market contracts for special services activities and the risks associated with them. (such as a"bounce house" or a pony ride for children), does the vendor also carry adequate Activities Assessment coverage against losses? Can the vendor's Preparing a list of market activities before consult- safety record be verified by a third party, such ing with a broker-agent will help the agent under- as the manager of another market? stand the market's needs clearly and may also >> Product liability issues may arise from con- reduce the premium, especially if market manage- sumption of contaminated produce or from ment can demonstrate efforts taken to proactively food products that are prepared or stored manage and reduce risks. improperly. Non-agricultural products, such as The following examples of market activities toys or other items for small children for summarize some of the risks associated with example, can also present liability risks. Will market operations. The safety considerations individual vendors, as well as the market, need discussed in the first part of this publication and the product liability coverage? checklist provided in Appendix A are also useful in assessing a market's insurance needs on a per-risk basis. Worl<ers Compensation Haw Is Worl<ers Compensation Insurance Insurance Purchased? Employers must purchase workers compensation Nearly every working insurance from either a licensed insurance company Californian is protected Employers who or the State Compensation Insurance Fund (SCIF). b workers com ensa- fail to provide Y P Employers may also be able to self-insure for this tion benefiu, so it is W coverage. A commercial broker-agent can assist im ortant that em lo ers compensation P P Y market management with purchasing workers and em lo ees alike insurance violate P Y compensation insurance from a licensed insurance understand workers the California company and can assist with information on SCIF compensation insurance Labor Code. and self-insurance. and how it works. Employers who fail to purchase workers compensation insurance violate Information on insurance the California Labor Code, and their businesses can companies licensed to sell be shuttered until workers compensation insurance workers compensation is secured. In addition to being subjected to stop insurance can be obtained on orders, uninsured businesses can be fined. the California Department of Injured workers are entitled to specific benefits that (nsurance website at: vary with the circumstances of the injury or illness. www.insuronce.ca.gov. There are five basic types of workers compensa- tion benefits; medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation services, and death benefits. Injured workers may be entitled to one or more of these benefits. < Regulatians, Permits, a�nd 1.icenses farmers market is a business, and like other businesses, California certified farmers 47004(b) Certified farmers' markets are arkets are regulated by state, county, and locations established in accordance with local local codes, policies, and agencies. This section ordinances, where California farmers may reviews some common, general legal concerns transport and sell to the public California involved with farmers agricultural products that they produced, that A market activities Jist can help market operations in are exempt from the established grade, size, determine if a market has satisfied California. However, �abeling, packaging and other such requirements all permitting and licensing market managers for fruits, nuu, and vegetables, and operated in requirements. The list and the should contact accordance with xhis chapter and regulations market's mission statement, appropriate city, adopted pursuant to this chapter. b laws, and market rules are useful county, and state —From Section 47004 of the California Food and Y Agriculture Code tools when contacdng appropriate regulatory agencies city, county, and state agencies for specific regarding permits and licensing. requirements since The governing body of any certified farmers' markets vary market ... shall adopt written rules and considerably in terms procedures pertaining to the operation of the of size and activities and some regulations also vary market. [Sec. 47004(c)] regionally. It is also wise to contact other markets and associa- Certificates: Marl<ets and Producers tions in the area for information and recommenda- The Food and Agriculture Code also specifies two tions on regulatory issues. Farmers market associa- types of certificates required by the State of tions advocate at the state level and can help keep California for certified farmers markets. One is individual market personnel informed about current granted to the market itself and the other to regulations and changing requirements. individual vendors. Both are issued by the market's In general, state and local regulations treat the county agricultural commissioner under the market as one business entity and individual authority of the California Department of Food vendors as separate entities. However, for certain and Agriculture, and the certificates should be regulations, market management can be held displayed at the market. accountable for vendor compliance, thus requiring managers to be aware of all relevant legal issues. Ca�ifOC'Clic3 �E�PaC"tt71C'_11t Of California Food and Food and Agriculture Specific questions regarding state regulation of Agriculture �ode farmers markets may be directed to the California The most significant body of state law that directly Department of Food and Agriculture (CDFA). affects farmers markets in California is contained CDFA can answer questions regarding state- within the Food and Agriculture Code, which regulated issues such as market certification, the includes general provisions regarding market types of products that can be sold at the market, operation, certification requirements, code viola- and who can sell them. See the Resources section at tions, and enforcement procedures. These require- the end of this guide for contact information. ments are described primarily under Sections 47000-47026 of the California Food and Agricul- Ca�lf01'Cllcl Hea�th a11Cj ture Code, which can be viewed online at www.leginfo.co.gov. Safety COCj2S Much of this body of law addresses requirements Another area of concern regarding state regulation for individual vendors, but some sections specifi- and farmers markeu involves health and food cally assign responsibilities to market management. safety. The California Retail Food Facilities Law For example, the code states that: (CURFFL) governs health standards for retai) food sales. The text of this law can be found on the from the community are often helpful when Internet at www.legin fo.ca.gov/calaw.html beginning communicating with city or county officials. with Health and Safety Code Section 113700. Following are a few more suggestions regarding Health and food safety laws are enforced by county communication with local governing bodies. agents. Individual interpretations of the laws can ,;;; Local officials should know who is responsible vary, from county to county and from inspector to for managing the market and how that person inspector. Check with your county's health depart- or persons can be reached. ment for specific requirements and educate and frequently remind your vendors about the require- ' Useful documents for meetings with officials ments to prevent citations, fines, losses, and include a copy of the market's rules, proof of incidents. insurance coverage, maps showing the market's existing and/or proposed locations, and scale Questions market management should ask of local drawings of the market's layout, indicating health officials include: placement of individual stalls, emergency �� What are the rules about offering food or access routes, and other temporary and produce samples? permanent structures. ��` What are the requirements for selling pro- cessed, prepared, and ready-to-eatfoods? �,5. Department of Agriculture _' What are the requiremenu regarding restroom facilities? Unless the market operates on federal property or = Are there any special requirements for farmers allows the sale of U.S. Department of Agriculture (USDA) graded produce such as meat or poultry, it markets? is not necessary to contact the USDA for anything other than information. However, USDA does offer Visit the California Department of a number of resources to those involved in farmers Health $ervices' website for markets through its Agricultural Marketing Service information and access to other Farmer Direct Marketing Program. Find out more resources: about the marketing program at www.oms.usda.gov/ www.dhs.ca.gov directmorketing/. The department also maintains small Any vendor who plans to sell USDA-graded business resources at: products should have contacted the USDA Food www.dhs.ca.gov/publicotions/ Safety and Inspection Service (www. fsis.usdo.gov). smallbusiness/ If the market takes place on federal property, it o m „� �e � �.� will be subject to certain `� �� '� � � USDA guidelines, which �" � � L�?C3� 311C� Clty ��tlCerllS are outlined in the free { �� In addition to a business license, city governments publication How to � `� I� �'`" � p may require farmers markets to obtain special use Establish a Farmers � �' ��` �� permits, parking permits, police services evalua- Market on Federal � � tions, and fire safety inspections. Some may waive Property. This publication � all or art of the fees associated with the ermittin is availab�e online �° P P S � s process because they regard farmers markets as from USDA at pub lic events that benefit a broad section of the �'•oms.usda.gov/ , communit . farmersmarkets/ �� '`�� ; � �� , �a-f ,�. y � �r fedpro.htm. � 4 As a market grows and evolves within a community, �� ; �� - its size and activities change. These changes may °" �` require new permits or a review of existing ones. For example, market management could decide to � � add prepared foods, build a permanent structure, or expand an existing location. A list of the � a k i.: market's proposed changes and letters of support Resa�urc�es U.S. Department af Labor California Department of Health Services Office of Small Business Programs Kathy Brown, Small Business Liaison Room C-2318 Department of Health Services 200 Constitution Avenue NW Administration Division Washington, DC 20210 1800 Third Street, Room 455 Phone: 202.219.9148 Sacramento, CA 95814 Fax: 202.219.9167 Email: kbrown 1@dhs.co.gov Web: www.dol.gov/osbp/programs/sbrefa.htm Phone: 916.323.2122 Web: www.dhs.cahwnet.gov USDA Farmers Market Programs Errol Bragg, Associate Deputy Administrator California Department of Industrial Relations Marketing Services Branch — USDA PO Box 420603 1400 Independence Avenue SW San Francisco, CA 94142 Room 2642 — 5 Stop 0269 Phone: 415.703.5070 Washington, DC 20250-0269 Web: www.dir.co.gov Phone: 202.720.8317 Division of Worker°s Coinpensation Fax: 202.690.0031 Phone: 415.703.4600 / 800.736.7401 Email: Errol.Bragg@usda.gov Worl<ers Compensation Insurancc Markets an Federal Property Rating Bureau "How to Establish a Farmers Market on Federal 525 Market Street, Suite 800 Property." USDA. San Francisco, CA 94105-2716 Web: www.ams.usda.gov/farmersmarkets/fedpro.htm Phone: 415.777.0777 Web: www.wcirbonline.org California Department of Foad and Agriculturc F�rmers Market Assaciations 1220 N Street California Federation of Certified Farmers' Markets Sacramento, CA 95814 Randii MacNear Phone: 916.654.0466 (recorded contact information) PO Box 1813 916.654.0462 (public affairs office) Davis, CA 95617 Web: www.cdfa.ca.gov Phone: 530.753.9999 CDFA Certified Farmers Market Prograrn Email: rmarnear@wheel.dcn.dovis.co.us Email:jprice@cdfa.ca.gov (Janice Price) Web: www.cafarmersmarkets.com Web: www.cd fa.co.gov/is/fveqc/cfmprogrom.htm Southland Farmers' Market Association American Red Cross 1308 Factory Place Box 68 Attn: Public Inquiry Office Los Angeles, CA 90013 Phone: 213.244.9190 ext. 14 431 18th Street NW Fax: 213.724.9180 Washington, DC 20006 Phone: 202.639.3520 Email: sfma@earthlink.net Email: internet@usa.redcross.org Urban Village Farmers' Market Association Web: www.redcross.org California Division The Red Cross offers both first aid and CPR courses Phone: 510.745.7100 and other types of occupational safety training and Fax: 510.745.7180 information. Email: urbonvilloge@eorthlink.net Web: www.urbanvillageonline.com Pacific Coast Farmers' MarketAssociation California Department of Insurance 5046 Commercial Circle, Suite F 300 South Spring Street, South Tower Concord, CA 94520 Los Angeles, CA 90013 Phone: 800.949.3276 Phone: 800.927.4357 Email: mrcorrot@pcfma.com Email: 927HELP@insuronce.co.gov Web: www.pcfma.com Web: www.insurance.ca.gov Mendocino County Farmers Market Association California Department of Insurance offers a free PO Box 2176 publication, "Small Business Guide to Commercial Fort Bragg, CA 95437 Insurance," online at wwwinsurance.ca.gov/CSD/ Phone: 707.964.6340 Brochure/Business/Commerciallnsurance.htm Email: goldseal@mcn.org #Whot%20Kind%20o f /201nsuronce. Web: www.mcfarm.org CaliforniaFarmers' MarketAssociation Insurance Brokers and Agencies 830 Navaronne Way The following companies provide a comprehensive Concord, CA 94518 range of commercial insurance services in California Phone: 800.806.3276 and are familiar with farmers market risk management Fax: 925.689.4188 issues. The list is provided for information purposes Email: Doug@CAFarmersmkts.com only and does not represent an endorsement on the Web: www.coformersmkts.com part of the authors or publisher of this guide. Fosterand Parkerinsurance Agency,lnc. Risk Management for Nonprofits 1521 North SchnoorAvenue BoordSource, formerly the National Center for Madera, CA 93637 Nonprofit Boards, is a comprehensive resource for Phone: 559.674.8536 / 800.441.3259 practical information, tools, training, and leadership Fax: 559.674.5231 development for board members of nonprofit Email: sborsotti@ fosterparker.com organizations. BoardSource is a 501(c3) nonprofit �/eb: www. fosterporker.com organization. InterWest Insurance Services BoardSource 1828 L Street NW, Suite 900 Capitol Division — Sacramento Noack and Dean Washington DC 20036-5114 PO Box 255188 Phone: 202.452.6262 / 800.883.6262 Sacramento, CA 95865-5188 Fax: 202.452.6299 Phone: 916.488.3100 / 800.444.4134 Web: www.boardsource.org Fax: 916.488.7143 The following two publications from BoardSource are Web: www.iwins.com/home/home.asp of particular interest with regard to risk management. The Legal Obligations o f Nonpro fit Boards. Leifer, Jacqueline, and Michael Glomb. 1998. Leaving Nothing to Chance. Herman, Melanie, and Leslie White. 1999. ¢�1,Pp�ndix A: Fa�rmers Market Safety Ct�ecklist ; Location Survey Date Time ,', Address Evaluation by !I; Key: S= Satisfactory U= Unsatisfactory NA = Not Applicable � u NA s u NA " A. ENTRY/EXIT WAYS 6. Display tables properly arranged and O O O 1. Adequate barriers, orange O O O filled within load capacity. warning cones, etc. provided to/from 7. Appropriate licenses issued by the O O O market areas. State Department of Agriculture, etc. ` 2. Pets not allowed in market areas. O O O conveniently posted near vendor areas. ` 3. Use of bicycles, skateboards, O O O 8. Vendors informed of disciplinary O O O roller skates, roller blades, in-line skates, procedure for failing to correct unsafe etc. prohibited and properly signed in conditions in timely manner. market areas. 9. Sidewalk and customer area boundary O O O 4. Appropriate "NO SMOKING" and O O O lines properly identified and enforced. "OPEN FLAME" signage conveniently 10. Boxes or crates containing produce O O O displayed. kept at least six inches off the ground : 5. Motor vehicles properly parked O O O per state health and safety codes. to not obstruct access to fire hydrants, fire lanes, and other emergency vehicle E. MARKET AREAS access points. 1. Vegetation, including tree branches, O O O shrubs, etc., kept from obstructing ? B. SIDEWALKS sidewalks, parking lots, common areas. ' 1. Walking/working areas provided O O O 2. Lawn sprinklers installed away from O O O with even surfaces and no potholes. common areasto prevent trip and ' 2. Changes in elevation and abrupt O O O fall hazards. surface edges provided with warning 3. Leaves, debris, etc. removed from O O O markings, signage, etc. - walking surfaces to reduce "trip and fall" 3. Handicap access provided along O O O hazards. sidewalks and ramps where necessary. 4. All parking lots and walkways well-lighted. O O O 5. Electrical equipment, including extension O O O '- C. PARKING LOTS cords, wiring, etc., properly rated for ' 1. Parking stalls provided free of O O O outside use. potholes and other obstructions. 6. Electrical outlets equipped with ground O O O l 2. Curb bumps/parking blocks properly O O O fault circuit interrupters to reduce secured and highlighted. shock hazard. ;' 3. Speed bumps well identified/marked. O O O 7. Tarps, canopies, table legs, etc. properly O O O ; 4. Vendor vehides such as large trucks, vans, O O O secured and installed to reduce "trip and etc. provided with wheel chocks or blocks fall" hazards and risk of collapse. to help prevent movement. F. SPECIAL HAZARDS D. VENDORS EQUIPMENT/SET-UP 1. Areas under construction, repair, or O O O 1. Market manager and/or assistant manager O O O modification properly barricaded/ trained in emergency procedures, fenced with appropriate warning lights including first aid, emergency response, and/or flashing beacons. earthquake preparedness, bomb threat, 2. Customers and employees restricted O O O etc. and coordinated with local authorities. from fenced/barricaded construction 2. Fully approved first aid kit and fire O O O areas. extinguisher provided at main location. ry 3. Appropriate refuse/trash containers O O O G. ADDITIONAL CONCERNS/COMMENTS available and used by public. 4. Emergency barricades, orange warning O O O cones, etc. available in case of emergency situation. a' S. Vendors required to have "standardized" O O O display tables, supports, awnings, and umbrellas approved by the market manager. ^ Provided by Dirk Duchscherer, InterWest Insurance Services, Inc. www.iwins.com. Appendix B: Accident Report Form � Market Informatian Market name and location: Market day and hours: Market manager: Telephone number: ( ) - Fax number: ( ) - Email: Accident Report Date and time of accident: Description of accident: Nature of any injuries: Bodily injury: Property damage: Medical attention requested? Provided: Facility providing care: Injured Party Name: Telephone number: ( ) - Address: City: State: Zip Code: Name and telephone number of any witnesses: Person Completing this Repart if Not Market Manager Name: Telephone number: ( ) - Email: ; � � append�x C : Protecting lifour Cash at Market Thousands of dollars have been stolen from vendors at farmers markets. Many of these losses could have been prevented, and no one wants potential thieves to view farmers markets as easy targets. Easy Ways to Avoid Theft Nave enough help and keep them when Hide the bull< of your cash as it comes in. needed. Any money that you do not need for change Have enough people working your booth to should be taken out of circulation (out of your monitor activities from open to close. Cash and apron, cash box, money bowl) and locked in products are most vulnerable when the person your vehicle. A small safe with a"cash drop" behind the counter cannot keep up with the also can be used to secure your money during number of customers approaching the booth. the day. A cash drop is a small slot — too small Thefts also tend to occur at the end of the day for hands — through which you place extra when the till is full and people are tired. Any cash while the safe remains locked. time the person behind the counter must turn away, theft is a real possibility. Be aware. Stay alert and watch people. Sometimes eye �ocl< Up! contact alone will deter someone from trying Much of the cash taken from farmers markets to steal from you. If eye contact does not disappears from unwatched cash boxes and work, a watchful stare or a comment like "Can unlocked vehicles. I help you?" may be enough. Remain observant Keep all your vehicle's doors securely locked. of the surroundings and talk to your neighbors at the market. A cash box is not protected because it is behind your table. Bolt the box to the table and shelter it from above and on the three sides facing away from you. Otherwise, it is easy for someone to reach across a table and grab a handful of bills. Provided by Mark Wall, formerly with Southland Farmers Market AssociaUon. ��. � ��m��,,��.��r�,�.�.��,..�.�.�.�. ,�v_��,,� .,.��w��P- ��,�,,� �. ,�:�, ��.. �� 3 � € � � � � � � � � � � � � � t � � � � � � �ClCltt"I�l1tQCS� � � � � �, � Coleen Perry : InterWest Insurance Services, Inc. � � � � � � � � �� Dirk� Duchseherer � � InterWest Insurance Services, Inc. 3� Marion Kalb � � �� formerly vyith Southland Farmers IvlarketAssc�cia3�on �� _ �� Mark� Wall � � � � � formerly with Svuthland Farm�r��iu�r�et Assc��or� ,�� , � � � � � � � � '� Steven Barsotti � � �� ' Foster and Par�er Ir�suranee� A�enc�, I�� ° � ��.� � � ��;�,� � _ � � � � � �'�� R1(lt'�11 �1C��ilT` ¢� � �� `�� ;��- -�� aY1.S ��It1�t�C� ��TtTl��'� �� ,� � � � � �� y� G � �� ; � �� ,� � � �' � �s � � � E�ditln,� ant� ��}�c71�� $ � � �� > _ 6 � p #3� . �- �JR�talif. Kar�t � -� � � : < � � �� - �` '� � �� ,��,�` �� , �� a �*�� ' Q�, ��C��Q�� $�� a5�� a� ��3 �a ��' . .� .� . c � ` h "' � .� s � � i a ' 9 �„ Chris Lewis �� o � �� , �- Srnali Farm Genx�� ,Tn��er�� }�t�1�� ° � � �: . cu� � - � � i �� a �F� � �� r � �", , �� , � ' 868' � , � s ��`�,�� i �� ,�," � ° � � � , �.,�,� � � ,� _� . � . The University of Calijornta prohibtts ducriminakivn agcunst ar hnrrusrr�tn� Qf arty �n empt�� cr �ce��tg��t�t�t��' �� ' nationalarigin,r�iigtan;sezphysica�ormcmtatdisab4�ity�medicalcqn�l�ttvr+{cdntcrretate��r�e�t�c3�r�e��s` p?rc�� ;, � or stahu as a coverul veteran �special disabltd vetkran, t�fetn�m�r� �tgran oranyotheK �ct�ra�� s��t� r�i ,�� `, a cam�ign badge h�s been autharized). Vrsi�crsity gv�isy �t intcttdcd to b� rur��5#�it 1+'it1� �rovi�tti�� nandiscrtminakian policia may be d{recte:!'t� theA,�`imiattret�etissn t�re�tor Ilatt��tyo�Cttit�v�'#��#t4�`� �� CA. 9§b12-3550. (Sipj 487�A09G. � - � « � � � � �� ; � � � � e: � � � � _ � ,�,� � �� ..�. _ � � , ,� � . ��mR� �, �.�.,m,�� -r� �� „a m� �_.�1 � �,.��,� m, m � m� � � �, _� ,.� ur � �P� ,�;��,�_�.�� .��. �. �' � � _ � — �e. � —� ��_ � �� — ��' T g�� 6} � � .� ' m �� " � �: � �, �� - , ' � ,� ,�� , �, � �. � I ' � � , �' � � � ti ,� ;, � erQ � a � � b� . =�_ ` � '� . �; e., � , �� ° �` � '� ` �. � � �"�, �� ''�` � ' � � °��' 4 �, � � � �� { � �4 $ �� e R � � � �� a � � +��q ,� � �c t � "n � ,� ' � �:� � . �° ��:. a :� `s ��` �` � �° � � b �, � . � � k ,�'� �i �� ; Y� " �' � '�' � a 1 � �i� e l. "'�'�� :� p �ii4IW d� �1�1 4 v�e 9 f p� �I `� � ll�� 11 �jv.y�G f �. 1 ,� g. ��,,:��u4��o,d�, ��gii � �', u � �'�� s�+l F � e�=� : ,. ,, � ., ; �� n. ..�� j � � �. � , �� $ � � �� - � � _. a �� -' ;„ ��li��l�41 �lij'�;pu � ,; � � �� ° �s—�g ;� y= : � �� . � � � a,az. � �'": �� . � � �� _ �. _ � �• �t � � � � 5 ''� . � �� . c P ' _„� �� °' � � � �� ` � �„ . � e , � � , �_ � +�� - � r .. , � P� � � . . �'4 - �� ,� ; ° �� I �`_ ��;' �.; � �, � �� _ � �_�