Draft Minutes 4-26-2011 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO PLASINING COMMISSION
DRAFT MINUTES
6:45 P.M. Apri126, 2011 TUESDAY
CUPERTINO COI��IlVIUNITY HALL
The regular Planning Commission meeting of Apri126, 2011 was called to order at 6:45 p.m. in the
Cupertino Community Hall, 10350 Torre Avenue, Cupertino, Ca., by Chairperson Winnie Lee.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Chairperson: Winnie Lee
Vice Chairperson: Marty Miller
Commissioner: Paul Brophy
Commissioner: Clinton Brownley
Commissioners absent: Commissioner: Don Sun
Staff present: Community Development Director: Aarti Shrivastava
Associate Planner: Piu Ghosh
Public Works Director: Timm Borden
APPROVAL OF MINUTES
Minutes of the April l2, 2011 Planning Commission meeting:
Motion: Motion by Vice Chair Miller, second by Com. Brophy, and unanimously carried
4-0-0 (Com. Sun absent) to approve the April 12, 2011 Planning Commission
minutes as presented.
WRITTEN COMMU1vICATIONS None
POSTPONEMENTS/REMOVAL FROM CALENDAR None
ORAL COMMUNICATIONS
Jennifer Griffin, Rancho Rinconada Resident:
� Expressed concern that there were no printed materials available for the agenda items,
particularly since the two agenda items were controversial items. She said there were no prior
notifications that no printed materials would be made available, and asked that
accommodations be made for residents without computers or older slower printers.
Chair Lee:
• Explained that there were voluminous printed materials relative to the current meeting
application and that City Council was also not printing out packets. The information packet for
this meeting has been online for more than a week; she encouraged the public to visit the
website for the packet. She noted that printed information was now available at the meeting.
Cupertino Planning Commission 2 Apri126, 2011
CONSENT CALENDAR None
PUBLIC HEARING
1. U-2011-04, ASA-2011-05, Use Permit to allow a child care facility with a school
EXC-2011-OS (EA-2011-04) and an after-school learning program to operate at an
Karl Shultz, Lili Zhu and Louis operate at an existing 8,999 sq. ft. commercial office
Tseng (Sunflower Learning Center; building. The application also includes a new outdoor
18900 Stevens Creek Blvd. play area in the rear parking lot; Architectural and Site
approval for minor fa�ade, landscaping and parking
lot modifications at an existing commercial office
building. Exception to the Heart of the City Specific
Plan to allow non-commercial uses (a child care
facility) to exceed 25% of the total building frontage
along Stevens Creek Blvd. Planning Commission
decision final unless appealed.
Piu Ghosh, Associate Planner, presented the staff report:
• Reviewed the application for Use Permit, Architectural and Site Approval and Exception to the
Heart of the City Specific Plan relative to a child care facility with a pre-school learning
program on Stevens Creek Boulevard, as outlined in the stafF report.
• She reviewed the proposed site plan, elevations, outdoor play area, additional site
improvements on the project site, landscaping, parking, traffic, and fa�ade as detailed in the
attached staff report.
• She reviewed the neighbors comments and concerns from the April 9�' neighborhood meeting
held by the applicant, including the mitigation at the Stevens Creek Boulevard/Stern Avenue
intersection; the traffic and onstree� parking concerns on Sterns Avenue; the lack of pedestrian
improvements along the property to the west of the subject property where they wanted to
m�imize the pedestrian pathways inside the e�cisting parking lot.
r There was also concern about whether the cumulative noise impacts from the proposed
operations were studied in conjunction with the existing preschool on Brett Avenue that backs
onto the property; and the operator of the preschool contacted staff because they were
concerned about the economic impacts of the proximity of another preschool to her business.
• Staff recommends approval of the application in accordance with the model resolutions with
the added condition about the Ash tree to the south of the driveway.
Timm Borden, Director of Public Works:
• Said that the intersection of Stevens Creek and Stern is already at level F service; the
transportation consultant studied seven signalized intersections and one unsignalized
intersection which is Stevens Creek and Stern. He responded to a question why staff was
recommending blocking off the median rather than having a sign indicating No Left Turn
during the appropriate rush hours. The neighborhood learned that during the peak hours it is
almost impossible to make a left turn without a long wait at that intersection, some motorists
will learn how to deal with the shortcomings of the intersection and others will continue to use
it, hence the associated delay and change in level of service, resulting in traffic concerns.
• This is one location in the city where left hand turns are accessing out into a six lane arterial
across tr�c onto a six lane arterial; the other one staff is working to block that as well so
there are just left turns into the minor street. There is a site distance issue with the residential
property to the west of this site also that brings up safety concerns; it is level of service and
safety, so it is possible to sign this where that left turn would be prohibited during the p.m.
peak hour, but you would still have an overriding safety concern.
Cupertino Planning Commission 3 Apri126, 2011
Timm Borden:
• Said there was additional traffic involved that makes it more of a concern; at its Level of
Service F there is a safety issue and staff feels it is a good mitigation even without a project.
Staff answered questions regarding the application, including questions relating to the traffic issues
relative to the intersection of Stevens Creek Boulevard and Stern.
Louis Tseng, Applicant:
• Said they worked hard to ensure minimal impact on the neighborhood, improve the
appearance, establish a long term business, and be a good neighbor. His goal was to be a part
of the educational infrastructure in the area and provide a benefit to the community. He said he
was comfortable with the traffic report and the proposed mitigations, including raising the
fence to a height of 8 feet. The facility will be open only during the week and not on weekends
and evenings. He discussed the varied dropoff and pickup times for children attending the day
care facility.
Chair Lee opened the public heazing.
Catherine Thaler, Stern Avenue, Cupertino:
• Said that the meeting notification letter did not mention the possible closure of Stern Avenue to
left turn traffic. Stern Avenue is only one of three westbound locations to get out of the
neighborhood; she expressed concern about the high volume of traffic using Stern Avenue.
• The recommendation for the project is to cross Stevens Creek with a median to prevent getting
out of the neighborhood; for a 10 hour problem two hours, 5 days a week, they are proposing
168 hours solution; closing the neighborhood, changing the traffic pattern, adding more
pollution to the neighborhood. She said she felt a better solution would be to restrict the left
hand turns from 4:30 p.m. to 6:30 p.m. daily, similar to Saratoga/Sunnyvale Road by Apple,
where you cannot make a right turn on a red during pealc traffic times; it simply did a
prohibition to ease a traffic congestion issue.
• She asked that the Commission consider postponement, changing the recommendation and
allowing the citizens to have input because it is a major change.
Lisa Warren, Judy Avenue:
• Said she was not aware of the project or trafFic concerns until Ms. Thaler brought them to her
attention; and she agreed with the assessment that making it impossible to turn left on Stevens
Creek 24/7 was not a viable solution for the neighborhood. She expressed concern about the
potential danger in the parking lot when cars create a backup; it would be helpful if the
playground could be positioned somewhere else in the parking lot; the likely reason the
playground isn't further back to allow for a drive-through entrance and exit in two different
areas instead of one area, is that they don't want it too close to the residential properties
behind. She recalled a recent tragedy of the death of a child in a daycare parking lot/driveway
and expressed concern about the safety factor.
Jennifer Griffin, Rancho Rinconada resident:
• Said she felt the project was too large for the constrained area; several issues are going on with
the project, one of the foremost that is not talked about is an exception to the Heart of the City
to have what has been an active office space retail, etc. become a day care center. Cupertino is
now on the fast track to becoming known as the day care center of Silicon Valley, with many
day care centers. She said she couldn't disagree that Cupertino needed quality day care
centers; but it is also important to keep good retail along Stevens Creek Boulevazd.
• She said the project is too large for the site with a constrained parking lot, and should be
located elsewhere; there are negative tiraffic impacts for the neighborhood; and there was not
proper neighborhood notification of the project.
Cupertino Planning Commission 4 Apri126, 2011
Chair Lee closed the public hearing.
Vice Chair Miller:
� Said Ms. Thaler and Ms. Warren brought up some good points, particularly the issues about the
7/11 store and the apartment building; the traffic that those uses generate wasn't included in
the staff report.
Aarti Shrivastava:
• Said the existing conditions study all trips going in and out of existing sites at Stern and the
apartment building does have other exits; it should have been included in the traffic study.
Vice Chair Miller:
• Said the residents' concerns were that if the left turns were eliminated, it would force more
traffic into the neighborhood than just the project being considered tonight.
Timm Borden:
• With the daycare itself it would be approximately 59 plus there would likely be some that are
coming into 7/11 and would have to exit via Tantau or some other method. I still believe that
would be minimal on top of the 59; if you had 70 peak hour trips down Stern over to Tantau,
those streets are fairly wide and still easily can carry that amount of traffic. Operationally with
that amount of driveways in the short distance south of Stevens Creek, there should not be a
problem carrying all those movements at that location; it is still putting more traffic into the
neighborhood .
Com. Brownley:
• Said that the additional option that the community brought up of restricting left hand turns
during certain hours could be a viable temporary solution instead of the cement median, until a
signal light could be installed.
• In the traffic study all of the three lights on one side and the three lights on the other, are all
traffic signals and would fit in that pattern and allow everyone from the community to come
out at a particular time. It was looked at as an option in the study and it seemed like the wait
time was about the same. Still trying to think about that tr�c flow in addition to the parking
lot, but was trying to get a sense of whether we had an intermediate solution for that and a long
term one, and what the options might be.
Timm Borden:
• The time restrictions on the left turn movement is a possible solution, especially relative to the
people who already know how to work around the intersection. The p.m. peak hour, the fact
that the rest of the day it is not bad from a level of service standpoint; it is staf� s concern that
there still is the fact that you are turning left across onto a six lane arterial; across three lanes of
traffic with not great sight distance to the west. That is the concern in addition to the level of
service; if it was only level of service, the time restrictions is a possibility. It is difficult to
enforce, but given all other things, it would be acceptable. It would be a solution while seeking
enough funds with outer jurisdictions and developments to provide a signal light in the future.
The concern that staff would have is the additional safety impacts of just that left turn.
Louis Tseng:
• Said that his business proposal includes after school care and the preschool; the plan is to
spread out the pick up time because the pick up time is where most of the traffic will come in.
The preschool will close at 6 p.m. and the after school care facility will close at 6:30 p.m.
Cupertino Planning Commission 5 Apri126, 2011
Aarti Shrivastava:
• Said the applicant was aware of the vision of the Heart of the City plan along Stevens Creek
Boulevard and that an exception would be necessary to meet some of the conditions. StafF is
supporting the project because the building was built as an office building and would not be
successful as retail; it was built in San Jose at a time long before the Heart of the City
guidelines were put into place. Many of the newer buildings and even some of the older
buildings are designed for retail; when a daycare facility or non-retail is proposed for a
shopping center, staff tries to locate them in the back are or limit the percentage. The subject
project is a special case different from many of the buildings in the remainder of the Heart of
the City area which is the reason staff supports the exception.
Com. Brophy:
• It seems that most of the issues have been answered; there is still a concern about the point
Coms. Miller and Brownley made about the internal circulation.
Aarti Shrivastava:
• The braffic consultant reviewed the operation and observed the other site at Sunflower and said
that every 15 or 20 minutes there were 10 or 11 cars coming in, and at one point altogether on
the site there are about that many cars moving in and out; based on that they felt comfortable
that the parking lot could accommodate this operation. Staff understands it is a concern; that is
why they observed existing operations run by the same operator and we had that advantage
here, and they felt that this would work. They are all valid concerns; but we felt we should
study the issues so that we would have the benefit of that information.
• Said that two options for discussing the traffic flow later included reviewing the mitigation
recommended and putting up a sign that limits left turns onto Stern during certain hours. She
said they were the only two available at this time since there was no capital improvement
budget to put in traffic lights. Either one of those decisions could be made tonight.
Chair Lee:
• Expressed concern that the traffic study indicated the best thing would be to have a traffic
light; however the applicant does not have the funds to pay for it. Staff is looking at Heart of
the City and some language relative to the issue.
Aarti Shrivastava:
• Said there is language for the east Stevens Creek Boulevard regional commercial district area
which the proposed project is in, that states that the primary use is retail
commerciaUcommercial office; secondary use is office above ground level and supporting use
to be residential or residential mixed use. It does not speak about specifically ground level but
it implies that office is secondary use above ground level.
Com. Brophy:
• Said he wanted to support the recommendations of the Public Works Department but looking
at the neighborhood east of Judy and north of Barnhart, the traffic needs to flow out, and he felt
a median there would not work and he would prefer the sign restricting left turns since the
problem already exists.
• Relative to the Heart of the City plan, the building has already been built; it is not unrealistic to
expect retail space to be put into a building that was not built there. Said he was undecided
about the internal circulation and whether or not they feel they could live with that and have it
be satisfactory.
Vice Chair Miller:
• Said the two separate issues are the circulation at the intersection of Stern and Stevens Creek
Boulevard and the application itself. Said he did not feel people would make a right tum and
Cupertino Planning Commission 6 Apri126, 2011
then a U-turn; the choice is to force the tr�c back into the neighborhood or allow the current
situation to exist. Given that the accident picture hasn't been something to cause concern to
this point, he said he supported leaving it status quo with the hope that the funds will show up
in the near future. The issue of the traffic at the site of the proposed use itself is a concern
because it is not a good traffic flow, and there is concern about the children's safety; the
situation proposes a risk.
• Relative to the applicant's suggestion of staggering the times for dropoff and pickup of
children, he said if there was a schedule that would satisfy the concern of spacing the times out
faz enough that it would not become an issue, he would be more inclined to consider it;
however, based on input received at the current meeting, he was too concerned to approve it as
it currently is.
• Expressed concern about the safety of children getting hit by a vehicle when drivers do not
have a clear view of the children. Having another adult out in the traffic area during the
dropoff and pickup times to make sure things went smoothly, could help alleviate the potential
danger of an accident.
Aarti Shrivastava:
• Referred to the site plan and reviewed the space requirements, including those for employee
parking. She said she felt the concerns expressed were valid.
• Said it could be a condition of approval to require a parking lot monitor/supervisor, and is
something the applicant can address.
Louis Tseng:
• Said it was in his best interest to ensure the safety of the children, particularly during dropoff
and pickup times, and to make sure the traffic runs smoothly so that the neighbors don't have
any reason to complain.
Vice Chair Miller:
• Said he would support a condition for the requirement of a person to be present in the parking
lot as a monitor/supervisor during dropoff and pickup of children; and it would also be
beneficial to stagger the dropoff and pickup times. He also agreed with Com. Brophy that
putting up a sign was better than creating a median to block people from getting out; and to
leave the current situation as is, except for a few hours during the day when left hand turns
would be restricted.
Com. Brownley:
• Concurred with the other two commissioners; and asked for input on forwarding a
recommendation to begin thinking about a future traffic signal.
Com. Brophy:
• Suggested forwarding the recommendation to Public Works, but to be cognizant of the reality
that there is not likely $300K or $400K in the city's funds for another new project soon.
Motion: Motion by Com. Brownley, second by Vice Chair Miller, and carried 3-1-0, Com.
Sun absent, Chair Lee voted no, to approve Application U-2011-04, ASA-2011-05,
EXC-1011-05, and EA-2011-04 with the additional condition regarding the Ash
tree; the recommendations for a supervisor to be present in the parking lot and
Stern Avenue being restricted for left hand turns during certain hours based on
the sign; but no median blocking traffic. (Chair Lee voted No because of the
ezception to the Heart of the City rule and said she would prefer a traffic signal
since the applicant will be generating more traffic.)
Cupertino Planning Commission 7 Apri126, 2011
2. DIR-2010-26 Referral of Director's Minor Modification to allow the operation
Jerr Lami (Modena of a Farmers' Mazket at the existing Oaks Shopping Center on
Investment, L P& Sunday mornings and Wednesday afternoons. Planning
Sunnyvale Holding LLC) Commission decision final unless appealed.
21275 Stevens Creek Blvd.
Colin Jung, Senior Planner, presented the staff report:
• Reviewed the application for Use Permit for operation of a farmers' market at the Oaks
Shopping C enter on Stevens Creek Boulevard and Highway 85, on Sundays and on
Wednesdays starting in Apri12012, if demand warrants it, as outlined in the staff report.
• He also reviewed the comments from the public regarding the proposed farmers' market
iYCluding those in favor and those opposed to the market. This would be the second farmers'
market within the city of Cupertino, the proposed farmers' market would be held on Sundays
and in 2012 the owner would also hold the farmers' market on Wednesdays if demand was
there. The current farmers' market held at Vallco Shopping Center is held on a weekday.
• To address concerns, staff has recommended conditions be placed in the resolution:
• Portable Toilet Facilities/hand washing facilities- to be moved to the Stevens Creek
side of the market and removed at the end of each market event.
• Noise concerns relative to unloading/loading portable facilities — prohibit live
activities because of early hours of market in the morning.
• Cleanup of the parking lot following each event.
• Review of the operations after first year of operations, and make any adjustments as
needed.
• Parking — Reviewed the parking analysis for both Sundays and Wednesdays, as
outlined in the staff report.
• Staff recommends approval of the proposed project.
Staff answered Commissioners' questions regarding the proposed fanners' market.
Vice Chair Miller:
• Said that DeAnza College charges a parking fee for students because they want students to
park there and pay fees to the college. Something should be done to encourage students to
park on their campus, either by charging a parking fee or putting a sign up saying Patrons
Only. He said there must be a way to reduce the traffic from DeAnza students.
Aarti Shrivastava:
• Said the information could be given to the Public Works department; another option is to limit
the parking to 2 or 3 hours; if someone is parking to go to the shopping center, it is assumed
that they are not going to be there all day.
Colin Jung:
• Said a Minute Order could be done; parking restrictions on public streets is the purview of the
City Council and if they desire to make a change, it has to be done by ordinance with a
separate hearing.
Aarti Shrivastava:
• Explained that the parking at the Oaks Center could accommodate the farmers' market on
Sundays when there are also festivals being held in the park. She said the purpose of the
market was a food market and not a flea market.
Colin Jung:
• Said that no complaints were received about the current Vallco Farmers' Market.
Cupertino Planning Commission 8 Apri126, 2011
Raymond Jerome Lami, West Coast Farmers' Markets:
• Provided a background of his experience in operating farmers' markets and his desire to bring
the positive experience of a farmers' market to residents of the city, giving them the
opportunity to purchase fresh produce, fruits and vegetables directly from the farmers. He
answered questions regarding food trucks, live entertainment, cleanup, vendor display and
sales areas, loading and unloading products, and elements of a successful farmers' market.
Aarti Shrivastava:
• Noted that as conditions of approval, the city was prohibiting live outdoor entertainment, and
requiring cleanup of the vendors' areas and facilities following the farmers' market.
Chair Lee opened the public hearing.
Ted Hattan, Avery Construction (Owners of Glenbrook Apts):
• Opposed to proposed market; feels the project is inappropriate for the area.
• Illustrated a bar graph showing the distance of various farmers' markets from residential areas
of neighboring cities; the Oaks is closer than other markets to residential housing. If the
application is approved, he is hopeful that the city or Planning Commission will verify that all
State agriculture guidelines are being met.
• Said that rents in the Glenbrook Apts will have to be lowered if the farmers' market is located
in the Oaks Center, because of noise created by vendors and visitors to the event/market.
Sherry Hattan, resident:
• Opposed to the project.
• Said information from Pacific Coast Farmers Market Assoc. indicated during the low peak
season of fall and winter, 1800 people would visit the farmers' market, and 3000 during high
peak season. She asked others to consider how they would feel if their neighbor had 1800 to
3000 people over every Sunday morning all year round.
• Asked that the application not be approved.
Christina (no last name given), Cupertino resident:
• Supports application, and welcomes the opportunity to have a farmers' market to support the
local farmers and a market that residents can walk to.
• Has not heazd any compelling evidence that attendees are not low abiding citizens.
• Asked that the application be approved.
Don Drucker, Cupertino resident:
• Opposed to the project.
• Said the list of many projects inflicted on his neighborhood included the Mary Avenue auto
bridge, the Mary Avenue 280 off ramp, the mini condos, diagonal pa.rking, Mary Avenue
Bicycle Bridge, Dog Park, Hotel, and a variety of festivals with ever-increasing attendance and
event center with live music at the Oaks.
• Said his statement might not be politically correct but stated he felt the real reason for the
proposal is to provide more traffic to the Oaks and to bail out the owners, not to provide fresh
produce in the area. There are plenty of ways to get fresh produce; this market is not needed
and not wanted.
Art Cohen, CEO, Blue Light Cinemas:
• Supports the application.
• Said he recently conducted an informal survey of 60 people who were in favor of the farmers'
market and had positive remarks from residents of other neighboring cities. The farmers'
Cupertino Planning Commission 9 Apri126, 2011
market will bring other people to Cupertino for a positive experience, which is good for the
businesses and the community.
Jeff Hulquist, Cupertino resident:
• Supports the application.
• Lives in a quiet neighborhood behind the Oaks Center, and said there were many events to
walk to in the park and he considered it a good selling point to let potential buyers know there
was a farmers' market twice a week, if he was selling his home or renting an apartment.
• Said he was looking forward to the farmers' market and felt it would be an asset to the
neighborhood.
Paula Rand, Manager, Glenbrook Apts:
• Said most of the residents of the Glenbrook Apts have a negative response to the project;
events and markets starting at 7:30 on Sunday morning is unheard of as Sunday may be the
only day residents have a chance to sleep and are disturbed by noise, congestion and parking.
• She urged people to attend the Cherry Blossom Festival scheduled for the upcoming weekend
to see that there is a non-existence of overflow parking. She said she had to hire someone to
make sure the apartrnent complex parking lot is used by residents of the apartment complex
only. She also questioned whether the farmers' market planners and organizers would put up
signs in front of the apartment entrances; clean up before and after the event, and clean the
streets. If events are going to be approved, they should be approved with the conditions that
would allow the apartment residents to maintain their privacy and enjoy their surroundings,
which they are not currently able to do.
Pravin Fulay, Cupertino resident:
• Opposed to the application.
• Said a farmers' market would be nice to have, but not at the proposed site. A market on
Sundays and Wednesdays at the intersection would route the traffic on Mary Avenue, and
would create a safety concern for the school children. On Fridays and Saturdays frequently the
police are called about the level of noise in the azea of the pedestrian bridge. When the bridge
was constructed, the residents were told that the real estate values would increase; however in
the recent difficult years, the real estate values have decreased.
• Said residents of Cupertino value quality education and a peaceful life, and quality of better
life, not more commercialization and more traffic congestion. Asked that the farmers' market
application not be approved.
Richard Miller, Glenbrook Apartment resident:
• Said they did not receive adequate notification about the application.
• Expressed concern about the noise from a farmers' market and the negative impact on
residents' privacy, particularly since the weekends are the only time some residents have to
enjoy their time off and rest. He also expressed concern about health issues relative to the food
products sold.
• Said he was disappointed to hear about issues related to parking fees for students at DeAnza
College and the burden it puts on them. Many students park on the street to avoid having to
pay for the parking fees.
Mary Hulquist, Cupertino resident:
• Supports the application.
• Said she has lived near the Oaks Center for over 17 years and was in favor of the farmers'
market and felt it would have very little impact to the neighborhoods. She said that farmers'
markets are a positive thing, promoting good health and well being and not crime ridden as
some believe. Having a Sunday market provides working residents the opportunity to visit the
market, whereas during the week, many people cannot attend; also the weekend market has
Cupertino Planning Commission 10 Apri126, 2011
affordable prices. It also provides a pleasant outing for fami�ies to experience together and
learn the benefits of fresh produce and fruit, while supporting local farmers.
• The traffic plan allows traffic to go out Stevens Creek with no reason for driving into the
neighborhood.
Alan Takahashi, resident of Mary Avenue neighborhood:
• Supports the application.
• The report looked at both positive and negative input from the public and addressed issues;
there were many exaggerated inputs from public input. He said he did not feel his property
values would decrease as the farmers' market was a regular community event and would have
a positive impact on the neighborhood. Any negative impacts could be mitigated to the
people's satisfaction; it is the role of the Planning Commission to view those mitigations and
arrive at a solution that will work for the public.
• He cited examples of successful farmers' markets throughout California and said they provide
the opportunity for families to spend time together at the same time supporting local farmers.
He felt it would have a positive impact on the Oaks Center, which has experienced a lot of
retail turnover; and it would help with retail and revenue for the city and continue to foster
positive retaiL It is important for the city to provide the opportunity for the community and see
what the outcome is.
Dennis Bell, Glenbrook Apartment resident:
• Expressed concern about pedestrian traffic crossing Mary Avenue where there is no crosswalk.
People will also park along Mary Avenue to get access to the north end where the proposed
market will be located. T'here will be an increase in traffic and drivers don't always adhere to
the speed limit and the safety issue needs to be mitigated.
Jennifer Griffin, Rancho Rinconada resident:
• Expressed concern that many attendees did not have printed material relative to the agenda
items. She said she was questioning whether she would prefer a daycare center with large vans
driving into an extremely constrained Stern and Stevens Creek azea impacting her
neighborhood, or would prefer a farmers' market there. Said she was pleased that the residents
in central Cupertino by the Oaks Center have been given the opportunity to provide input, as
she felt the residents of Rancho Rinconada and Loree Estates were not extended that courtesy.
• She recalled the heyday of the opening of the movie theater and when the center had
bookstores. She expressed confusion about the Sand Hill project, the plans to build a hotel and
an event center and the current plan to put a farmers' mazket on the location where the hotel
was to have been built. She said she had empathy for the residents of the apartment complex
and was pleased to see that care was taken to ensure that the public had input. She said she
felt it was important to keep the project on site, with the parking and vendors on the Oaks
Center property.
Aarti Shrivastava:
• Said that the staff report addressed the background of the hotel; and she provided a history of
the hotel, which was approved in the area that the farmers' market is proposed to be located.
The owner will not continue to lease the site once the hotel is ready to be built; it is an either/or
situation; the permits are still active, but they have not yet applied for the builder's permit.
T'he permits expire in 2012.
Alys Hay, Cupertino resident:
• Opposed to the application.
• Said she felt it hadn't been taken into account that she would not be able to use Mary Avenue
when leaving her home because of the high volume of pedestrians and cars. Said she felt
Cupertino Planning Commission 11 Apri126, 2011
• people who attend the farmers' markets and festivals are loud and boisterous and it would
interfere with the quiet enjoyment of her private property.
Katherine Winget, Cupertino resident:
• Said she was concerned about the increased traffic on Mary Avenue that the proposed farmers'
market would create. There would also be an increase in the pedestrian and bicycle traffic
which could potentially create a safety issue.
Chair Lee:
• If the farmers' market is successful and there is not a lot of opposition, would it be the
Director's call at that time?
Aarti Shrivastava:
• Explained that the one year review is a report; if the permit needs to be revoked or amended, it
is brought back for a public hearing. If the Commission is not comfortable approving the
Wednesday fanners' market tonight, they should not approve it. The question for the city
attorney is whether or not you could make it conditional to say if there are no issues after a
year, we could consider it approved, or should it come back to the Commission.
City Attorney:
• Arguably it could be done either way, based on all the circumstances, it would be best to have
a new approach a year from now because circumstances change and there are so many traffic
issues, etc. that haven't been examined.
Vice Chair Miller:
• Said he agreed, that he would prefer to do the Sunday farmers' market and depending on its
success, re-evaluate in a year.
Applicant:
• Said he would accept responsibility for cleanup of the parking area and Mary Avenue at the
completion of each farmers' market.
Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously
carried 4-0-0, Com. Sun absent; to approve Application DIR-2010-26, which
includes modifying 20-U-86 to allow the operation of a farmers' market at the
Oaks Shopping Center with the following changes: Sunday market only; the
northern tip area nezt to Mary Avenue is eliminated; if there is cooking it is
toward the southern end; portable toilets located toward the southern end; the
operator is responsible for cleaning up the shopping center and Mary Avenue
afterwards; there will be no farmers market on Cherry Blossom Day or the 4 th of
July; staff in conjunction with the applicant will work out a satisfactory
circulation plan that keeps traffic off Mary Avenue as best as possible and bring
• that back to the Planning Commission as a informational item; and no music
permitted.
Planning commission decision final unless appealed within 14 calendar days.
OLD BUSINESS None
NEW BUSINESS None
Cupertino Planning Commission 12 Apri126, 2011
REPORT OF THE PLANNING COIVINIISSION:
Environmental Review Committee: Chair Lee reported the last two meetings were cancelled.
Housing Commission: No report.
Mayor's Monthly Meeting With Commissioners: No Meeting
Economic Development Committee Meeting: No meeting.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Written report submitted.
NIISC/OTHER
Vice Chair Miller:
• Asked if they should consider a Minute Order relative to charging for parking on Mary Avenue
or put up For Patrons Only sign.
Com. Brophy:
• Said it could be structured more as a review of options; ask that the Council ask the Public
Works Department to work with Planning Department to look at options for Mary Avenue to
reduce heavy use, long term use of the public spaces there, etc.
Vice Chair Miller:
• DeAnza wants to collect parking fees from their students and we give them an out so they
don't have to do that, shouldn't we be working together instead of cross purposes; if they
wanted the students to park on campus without charging them, they could do that; but they
don't want that. I don't see the point in forcing or pushing the students out to park on our
streets and leaving their parking lots empty; it doesn't make sense.
Aarti Shrivastava:
• Mary Avenue was originally designed as a wide road with a highway exit and when the
decision was made to not have that and then there were events at Memorial Park. It may have
been thought of as a good idea to add more parking since there was a lot of right of way.
People asked don't have any knowledge of the past practice.
Vice Chair Miller:
• Said he was not opposed to a For Patrons Only sign.
Aarti Shrivastava:
• Noted that they had people parking there; festival attendees and people from the neighborhood
also park there long term; occasionally residents from Glenbrook or Casa DeAnza use the
Mary Avenue parking. Said they have had numerous conversations about Mary Avenue
parking in the past and it comes back to what can they do. It is a common theme when people
ask for permit parking on their street; they realize it also applies to them and their guests; the
conversation changes; it is never easy and it is difficult to please everybody.
Adiournment: The meeting was adjourned to the next regulaz Planning Commission meeting
scheduled for May 17, 2011, at 6:45 p.m.
Respectfully Submitted: /sBlizabeth Ellis
Elizabeth Ellis, Recording Secretary