Reso 6733 �
U-2013-09
�" CITY OF CIJPERTIlVO
,
�� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 6733
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE OPERATIOIV OF A WEEKLY MOBFLE FOOD
1VIARKET IN THE'PARKING LOT OF AN EXISTING CONIlVIERCIAL ESTABLISHMENT LOCATED AT
20955 STEVENS CREEK BLVD
SECTION I: PROTECT DESCRIPTION -
Application No(s).:' U-2013-09
Applicant: ` Benjamin Himlan(Off the Grid)
Location: : 20955 Stevens Creek Boulevard (AP1V 326-31-022)
Subject: ' Use-Perri�t (U 2013-09) to allow the operation of a weekly mobile food rnarket in the
parking lot of an existing commercial establishment.
SECTION IL• FINDINGS FOR A USE PERNIIT:
� �WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional
�``"� Use Permit as described in Section I of this Resolution; and
WHEREAS,'the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Plannulg Comtnission held a public hearing on January 28,2014 in regard to the
application; 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
improvemerits in the vicinity, and will not be deirimental 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:
After careful consideration of the, maps, facts, exhi.bits, testimony and other evidence submitted in this
matter, the P1a�.1nu1g Coininission hereby approves`Application No. U-2013-09 based upon the findings
described in section II of this resolution, the public hearing record and the Minutes of Planning Cominission
,, ,�,�
IVleeting of January 28, 2014, and subject to the conditions specified in section III of this resolution.
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Resolution No.6733 U-2013-09 January 28,2014
SECTION III: CONDITIONS AI�MINISTERED BY THE COIVIMUNITY DEVELOPIVIENT DEPT.
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1. APPROVED EXHIBITS
Approval is based on`the plan set received August 5,2013 consisting of sixteen sheets entitled "Off the
Grid: Cupertino'@ Whole Foods" except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited ta property boundary locations, building setbaeks, property size, building square footage, any
relevant easements and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
3. OPERATIONS
a) The market shall be operated with the area delineated on the site plan exhibit.
b) The iriarket is capped at a maximum of 9;trucks/veridors.
c) The market is approved to operate on Tuesdays between 5:00 p.m. to 9:00 p.m., allowing for one
hour set up'before the market opens and one hour for break down and cleanup after the market
closes at 9:00 p.m. :
d) The market;shall be swept cleaned and all trash removed at the end of each market event.
e) A parking atendent will be present to direct traffic for the first month of operation.
: f) The event shall not operate the week of Christmas and Thanksgiving, . Q
No alcohol shall be ,ermitted unless a roved b Plarulul C� Cp �t t�V�� ` �
g) p pp Y g rN� S5
� h) The location of the event shall not be in the first parking asile closest to S tevens Creek Blvd. for the
first six months of operation.
4. NOISE CONTROL
Noise levels shall'not exceed those as listed in Community Noise Control Ordinance, Cupertino
1Vlunicipal Code Chapter 10.48. If there are documented violations of the Community IVoise Control
Ordinance, the Director of Community Development `or Noise Control Officer has the discretion to
require noise attenuafion measures to comply with the ordinance. :
5. SHARED PARKING AGREEMENT
Should parking demand for the site exceed the parking supply the applicant is required to come back
to obtain another Use Permit to create a formal shared parking agreement between Whole Foods'
1Vlarket and the adjacent Abundant Life Assembly of�God Church.
6. TElVIPORARY SIGNAGE �
The applicant shall apply for a temporary sign permit for any signage used: in conjunction with the
event. No signage is approved as part of this use permit.
7. BUSINESS LICENSE
The business owners and iridividual vendors shall obtain a City of Cuperiano business licenses.
8. PREMIT REVIEW
� A permit review shall be conducted by staff after six months from approval. If complaints have been
received;regarding market operations that have not been addressed iminediately by the applicant, then
the Plan�;►i.ng Commission shall conduct a'public hearing on the permit at which time,'the approval
may,be modified or revoked.
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Resolution No.6733 U-2013-09 January 28,2014
- 9: CONSULTATIOlV TNI'I'H OTHER DEPARTMENTS
� The applicant is responsible to consult with other depariments and/or agencies with regard to the
' proposed project for additional conditions and requirements. Any misrepresentation of any submitted
data may invalidate an approval by the Commuruty Development Department,
10. NIODIFICATION OF MARKET OPERATIONS
The Director of Community Development is empowered tq make adjustments to the operation and
locafion of the mobile food market to address any documented problem or nuisance situation that may
occur. _
11: REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the, Use Permit in any case where, in the
judgrnent;of the Director, substantial evidence indicates that the conditions of the coriditional use
permit have not been`implemented, or where the pexmit is being conducted in a manner detrimental to
_ _ _
the public health, safety, and welfare,in accord with the requirements of the municipal code.
12. EXPIRATION.
If the use for which this conditional use permit is granted and utilized has ceased "or has been
suspended for two year or more; this permit shall be deer�ied expired and a new use permit application
must be applied for and obtained.
13. INDElVINIFICATION
� To the extent permitted by law, the Applicant shall inciemnify and hold harml.ess the City, its City
Council, its officers, employees and agents (the "indemrufied parties") from and against any claim,
action, or proceeding brought by a third party against fhe indein�.lified parties and the applicant to
attack, set aside, or void this ordinance or any permit o� approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend: any such" action with
attorneys of its choice.
14'. NOTICE,OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forfih herein may include certain fees, dedication requirements,
reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1),
these Coriditions constitute written notice of a statement of the amount of such fees, and'a description
of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these'fees, dedications, reservations, and other exactions,
pursuant to Government Code Section 66020(a), has begun. If you fail to file a profest within this 90-
day period coxnplying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
SECTION IU: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTIVIENT
1. TRASH FACILITIES
Per Public Works Department requirements, the property owner must ensure that all lids for trash, '
� recycling, and yard waste bins remain closed when material is not being deposited into them. Bins are '
not to be'overfilTed; material is not permitted to be stockpiled alongside bins and the, area in and
around the bins shall be kept clean af all times.A yard waste bin is required at the property for food
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Resolution No.6733 U-2013-09 January 28,2014
;%— waste and organics. Lack of compliance`with the City's litter confrol measures will result in a notice of
� violation and a fine.
2. EXPANDED POLYSTYRENE FOAM
Expanded: PolyStyrene Foam (EPS Foam) will not be permitted for use during the event; It is the
applicant's responsibility to inform the food vendors of this restriction and to ensure EPS foam is not
used or distributed.
3: TIZASH GLEANUP
Withiri 24 hours of each event, the,applicant is required to clean off trash and litter all on-site storm
water facilities (the storm water treatment swales in the Whole Foods Parking lot), all areas witivn 25
feet of the event location, and the adjacent public sidewallc, curb and gutter areas: The applicant and
vendors are not permitted to spray down.the event area to address clean up or spills. On site storm
water facilities connect to the public drain system which ultimately flows to creeks and the bay.
SECTIOIV VI: CONDITIONS ADMINISTERED BY THE FIRE DEPARTMENT
1. EMERGENCY FIRE`ACCESS
Location of food trucks shall not obstruct required -fire department emergency access and fire
� applicances.
SEC'TIOIV V: CEQA REVIEW
OThe conditional use permit is categorically exempt from the California Environmental Quality Act(CEQA)
per section 15301 (Existing Fac ilities) of the CEQA Guidelines because it involves a negligible expansion of
use and section 15332 (In-Fill Developrnent) because the proposed use occurs within the city limits and is
surrounded by urban uses.
PASSED AND ADOPTED this 28th day of Janu.ary, 2014, Regular Meeting of the Planning Conunission of
the City of Cupertino, State of California;by the following roll call vote:
AYES: COIVIMISSIONERS: Chair Brophy,Sun, Gong,Takahashi
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COIVIMISSIONERS:none
ABSENT: CONIlVIISSIONERS:none
ATTEST: AP OVEI�:
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�rY�� Paul Brophy
Assist.Director of Community Development Chair, Planning C ission
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G:\Planning\PDREPORT\RES\2013\U 2013-09 res.doc