Reso 6023 File No. 08-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6023
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR THE OPERATION OF AN OUTDOOR
FARMERS' MARKET IN THE NORTHWEST PARKING LOT OF VALLCO
SHOPPING CENTER, 10123 NORTH WOLFE ROAD, ON FRIDAYS
FROM 9 A.M. TO 1 P.M., FROM MAY TO OCTOBER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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, e�ibits, 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. 08-U-00 set forth in the
Minutes of the Planning Commission Meeting of May 8, 2000, and are incorporated by reference as
though fully set forth herein.
Resolution No. 6023 08-U-00 May 8, 2000
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 08-U-00
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 E�ibits titled "Vallco Certified Farmers' Market
Proposal" consisting of one sheet and dated 3/27/2000, except as may be amended by the Conditions
contained in this Resolution.
2. PERMITTED USES
This use permit authorizes the operation of a farmers' market which shall only include the sale of fresh
produce and agricultural products, such as, fruit, nuts, vegetables, eggs, honey, plants, cut flowers,
fresh-pressed juice, fresh-baked breads and pastries, fresh fish, cheese, and non-alcoholic drinks.
Acoustical and/or amplified entertainment, and the use of portable generators are prohibited. Food
preparation that requires the ignition of flammable solids, liquids or gases is not allowed, but may be
allowed by the Director of Community Development after review by the Fire Department of Santa
Clara County.
3. HOURS OF OPERATION
The approved hours of operation are 9:00 a.m. to 1:00 p.m., Fridays, May through October, 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.
4. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
The market operator shall be responsible for ensuring that.all participating farmers and vendors abide
by all health, safety, consumer and other regulations of the Federal, State, County and City applicable
to farmers' markets.
5. TRASH COLLECTION
The market operator shall provide, maintain and remove at the end of each market day, sufficient trash
receptacles and recycling containers for the use of vendors, farmers and customers. The market
operator shall be responsible for leaving the parking lot area clean and litter-free after every market
day.
6. PROVISION OF PORTABLE RESTROOM FACILITIES
The market operator shall provide, maintain and remove at the end of each market day, a minimum of
three (3) portable restroom modules. The Director of Community Development may change the
number of portable restroom facilities at his discretion.
Resolution No. 6023 08-U-00 May 8, 2000
Page-3-
7. RELOCATION OF MARKET AREA
If market activity significantly disturbs adjacent residential neighbors, the Director of Community
Development may require, at his discretion, the relocation of the market area to another portion of the
shopping center parking lot.
8. VENDOR SPACES
The market operator shall be responsible for ensuring that all participating farmers and vendors set up
their booths only within the areas defined by the parking spaces. The driveway aisles shall remain free
and clear for pedestrian use and emergency vehicles. Farmer and vendor vehicles are prohibited from
moving within the market area between 8:45 a.m. and 1 p.m. on market days.
PASSED AND ADOPTED this day of 8�'' day of May 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Gr� � ,; ;�' �,
Ciddy Wordell Andrea Harris, Chairperson
City Planner Cupertino Planning Commission
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g/planning/pdreport/res/res08U00