Reso 6167 DIR-2002-39
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6167
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A DIRECTOR'S MINOR MODIFICATION
OF A USE PERMIT, FILE NO. 08-U-00, TO OPERATE AN APPROVED OUTDOOR
FARMERS' MARKET 1N THE NORTHWEST PARKING LOT OF VALLCO FASHION
PARK, 10123 NORTH WOLFE ROAD, ON FRIDAYS FROM 9 A.M. TO 1 P.M., YEAR-ROUND
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral from the Director of
Community Development, regarding the Minor Modification of a Use Permit, as described in Section
II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Commission has held one or more public hearings on this
matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application file no. DIR-2002-39 set forth in the
Minutes of the Planning Commission Meeting of November 25, 2002, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6167 DIR-2002-39 November 25, 2002
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: DIR-2002-39
Applicant: John Silveira, Pacific Coast Farmers' Market Association
Property Owner: The Richard E. Jacobs Group
Location: 10123 North Wolfe Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Existing Vallco CFM 10-09-2002"
consisting of one sheet and "Vallco Fashion Park Site Plan" consisting of one sheet, except as may be
amended by the Conditions contained in this Resolution.
2. EXISTING USE PERMIT
Use permit conditions of approval, file no. 08-U-00, as approved the City of Cupertino Planning
Commission in Resolution No. 6023 on May 8, 2000 remain in effect, except as may be amended by
subsequent City approvals and the conditions contained in this Resolution.
3. HOURS OF OPERATION
The approved hours of operation are 9:00 a.m. to 1:00 p.m., Fridays, January through December, with
market set-up occurring no earlier than one and one-half hours before each event and clean-up
completed by one hour after each event.
PASSED AND ADOPTED this day of 25 day of November 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
i '�
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Cupertino Planning Commission
G/Planning/pdreport/res/DIR-2002-39