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DRC 03-17-2011 Design Review Committee March 17, 2011 Cupertino, CA 95014 (408) 777 -3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON March 17, ROLL CALL Committee Members present: Marty Miller, Chairperson Don Sun, Commissioner Committee Members absent None Staff present: Aarti Shrivastava Gary Chao Colin Jung Staff absent: None APPROVAL OF MINUTES: January 6, 2011 Minutes of the January 6, 2011 Design Review Committee meeting were not approved March 3, 2011 Minutes of the March 3, 2011 Design Review Committee meeting were approved WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATION: A resident asked how the City will be getting the information from PG &E regarding where high pressure gas pipelines are located in neighborhoods or where they will be installing emergency shut off valves. The resident also asked if this information will be reviewed as part of a development application. Staff member Schroeder said that he was not aware if the City had any high pressure natural gas lines running through it, but would check on it. CONSENT CALENDAR: None PUBLIC HEARING: 1. Application No.(s): DIR- 2010 -26 Applicant: Jerry Lami (Modena Investment, LP & Sunnyvale Holding, LLC) Location: 21275 Stevens Creek Blvd Referral of a Director's Minor Modification to allow the operation of a Farmer's Market at the Oaks Shopping Center on Sunday mornings and Wednesdays afternoons Design Review Committee decision final unless appealed. 2 Design Review Committee March 17, 2011 Community Development Director, Aarti Shrivastava, addressed the Committee. She stated that Chapter 19.132 of the Municipal Code allows for referral of a Director -level approval to be referred for a hearing by the Design Review Committee to allow for additional public input. She thought this application should be heard by the Design Review Committee, however, a significant number of comments has since been received by the department. She recommended that the Committee not make a decision on the application but refer it to the Planning Commission. The Committee would hear the staff report, take in testimony and ask questions of staff at this meeting. The Director would then make her recommendation to the Planning Commission. Another public hearing notice will be sent to the originally noticed group and any interested persons either in the mail or via email informing them of the Planning Commission date. Staff would use the time before the Planning Commission meeting to work out as best as possible the concerns of the applicant, the Shopping Center and the neighbors. Staff Member Jung explained that the application i3 for a Farmer's Market to be located in the rear portion of the Oaks Shopping Center. The market will operate on Sunday mornings from 9 am to 1pm with a 1 1/2 hr for setup and cleanup. Should the Sunday market prove to be well received, the applicant would like to also hold market hours on Wednesday afternoons. The applicant would be required to provide and remove sanitary services to guests of the market and sweep the lot clean at the conclusion of each and every event. There is a Farmer's Market in operation at the Vallco Shopping Mall on Fridays. That market has been very well accepted by the public. The times and days of the proposed market at the Oaks Shopping Center do not conflict with the one currently at Vallco. Commissioner Sun asked if making comments at this meeting would cause a concern about the ability for him to make comments at the Planning Commission and he wanted to make sure Staff reviews all the communication that has been received. The Community Development Director said that he should not be presenting any opinions, just asking questions and hearing public comment. Chair Miller confirmed that staff will be revisiting all of the issues raised Trior to the Planning Commission. He asked if the market was proposed on a temporary basis and how Long it might be before a second day was added. He also asked about parking concerns. Staff Member Jung stated that a prior parking study indicates that on Sunday mornings, there would be sufficient parking ',172 spaces) to accommodate market patrons. Chair Miller asked if there had been any negative impacts to the mall or neighbors from the Farmer's Market at Vallco. Staff member Jung stated that there have been no complaints surrounding the operations of the market at that location. Jerry Lami, representing West Coast Farmer's Markets, addressed the Committee. He explained that he has been in the business for a long time and wanted to bring a farmer's market to the City. His experience indicates that the farmer's and communities all over welcome the opportunities to provide and obtain fresh grown produce, dairy, fruit and other organic products. The proposed market will be certified 100% organic. He chose the Oaks Shopping Center as a location for a market because the Oaks has lots of space and is walkable to the community. He felt his market would provide different types of goods to sell than the Vallco Mall, the DeAnza flea market and Whole Foods can offer. Commissioner Sun asked the applicant if he had spoken to the residential neighbors. He said that he had not, but would welcome the opportunity. Usually he is not asked to participate in neighborhood meetings, because shopping centers recruit farmer's markets to their locations, rather than farmer's markets having to apply for permission to be there. He said that he has agreed to move the market day to avoid a conflict with the flea market and the start times of the movies at the Blue Light Cinemas. The shopping center as offered a 6 month trial to see how things work out. If approved, he planned to start with about 50 vendors. If things worked out, they would add more vendors. Public Hearing opened - Brian Avery, resident of Glenbrook Apartments- opposed to the Farmer's Market because of parking concerns. Sherry Hattan, resident of Glenbrook Apartments- opposed to the Farmer's Market because of early morning noise concerns to apartments along Mary Avenue. Ted Hattan, resident of Glenbrook Apartments- opposed to the Farmer's Market because of the visual impacts from vendor tents, early morning noise concerns and food odors. 3 Design Review Committee March 17, 2011 Shawn Taheri, Principle of the Oaks Shopping Center- in favor of the Farmer's Market. It will bring a sense of 'community' to this area of the City. The owners of the shopping center are willing to work with the neighborhood to make everyone happy Habib Zakerani, Principle of the Oaks Shopping Center- in favor of the Farmer's Market. He is in support of the small business owners and farmers. Art Cohen, Co -Owner of Blue Light Cinemas - in favor of the Farmer's Market. A farmer's market will bring more foot - traffic to the shopping center, generating more business for everyone in the community. Don Drucker, a resident- opposed to the Farmer's Market because it will be bad for the neighborhood. There is already a Farmer's Market at Vallco and Whole Foods store people can go to. Jennifer Griffin, a resident- opposed to the Farmer's Market because of the proposed parking along Mary Avenue and the increased traffic in the area. Jeff Hultquist, a resident- in favor of the Farmer's Market. Thinks it would be a nice addition to the area and he is looking forward to it. Chairman Miller closed the public hearing. He directed Staff to take more time to review all the issues and work with the shopping center and neighbors to come to some understanding and middle ground. He also encouraged the neighbors and shopping center personnel to work together to reach some sort of agreement. All interested parties will receive notification of when this item will be heard at the Planning Commission meeting. MOTION: Commissioner Sun moved to continue DIR- 2010 -26 to the Planning Commission for a final decision SECOND: Chairperson Miller ABSENT: none ABSTAIN: none VOTE: 2 -0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: ` °f n., Beth Ebben Administrative Clerk g:planning/DRC Committee/Minutes031711