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DIR-2011-30b CITY OF CUPERTINO 10300 Torre Avenue,Cupertino,California 95014 (408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: Aarti Shrivastava, Director of Community Development Prepared by: Colin Jung AICP,Senior Planner, Planning Division Date: February 8,2012 Subject: Director's Minor Modification,DIR-2011-30,to allow the relocation of an existing Farmer's Market from the Sears Roebuck parking lot on Stevens Creek Boulevard to the rear parking lot along Highway 280 and Wolfe Road. Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. BACKGROUND T'he applicant,John Silveira of Pacific Coast Farmers' Market Association (PCFMA) has requested the relocation of the Vallco Certified Farmers' Market from the Sears Roebuck parking lot on Stevens Creek Boulevard back to the rear JCPenney's parking lot abutting Highway 280 and Wolfe Road. Due to the ongoing construction of the city-approved Western Athletic Club at the Sears Roebuck building,Sears has exercised its right to terminate its agreement with PCFMA. The Vallco Certified Farmers' Market was first approved on a temporary,trial basis by the Director of Community Development in 2000. The market proved to be successful and popular over the next two years that the applicant and shopping center owner obtained a permanent approval in 2002. The original location was the parking lot behind the Macy's department store. The construction of a parking structure behind Macy's forced the relocation of the outdoor market to the rear parking lot of JCPenney (current proposed location) and later the market moved to the Sears parking lot on Stevens Creek Boulevard. The current proposed location is surrounded by Highway 280 to the north,JCPenney parking lots to the east and south, and Wolfe Road to the west (Attachment A). DISCUSSION The applicant is proposing to maintain the current operations,which includes (Attachment B): • Operate the market year-round on Fridays from 9:00 a.m. to 1:00 p.m. with two hours of set up time and one hour of take down time. Thus, the market time is from 7:00 a.m. to 2 p.m. • Allow for up to 100 booths that feature farm-fresh produce and other agricultural products. A lunited number of non-agricultural food items-such as baked goods, . . •i.-........ ..�� r�� n� �� u�iiiicu�a_.0 uiiv�.rruv {A1JL<.J. DIR-2011-30 10150 North Wolfe Road Page 2 specialty or ethnic foods,or ready-to-eat foods are also offered,as well as,a small number of arts and crafts vendors and live entertainers. • Provide two on-site Market Managers during the permitted times. • Use a maximum of six temporary,directional,A-frame signs to assist shoppers to find the new location and provide for more effective and safe traffic flow within Vallco. • Continue to comply with all state,county and city regulations. The applicant states that estimated attendance is 1,600 shoppers during the peak season. ACTION The Director of Community Development deexns the modification minor and generally consistent with the approved use permit and approves the project with the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on Exhibit A titled: "Vallco Farmers' Market Proposed Site Plan-August 26,2011;' except as may be amended by the conditions contained in this memorandum. 2. COMPLIANCE WITH REGULATIONS OF OTHER REGULATORY AGENCIES AND DEPARTMENTS The applicant shall be responsible for securing and complying with all of the necessary permits and approvals from other government agencies and departments. 3. OPERATIONS a) The market shall be operated within the area delineated on the site plan exhibit. b) The market is capped at a maximum of 100 farmers/vendors or 100, 10 foot x 10 foot booths,whichever is less. c) Vendor booths shall not encroach on delineated driveway aisles. d) The market is approved to operate on Fridays between 9:00 a.m. to 1:00 p.m., allowing for two hours for set up before the market opens and one hour for break down and clean up after the market closes at 1:00 p.m. e) The market shall offer primarily farmer-provided produce and other agricultural products. A limited number of non-agricultural food items-such as baked goods, specialty or ethnic foods,or ready-to-eat foods may also be offered,as well as, a small number of arts and crafts vendors and live entertainers. � The market site shall be swept clean and all trash removed at the end of each market event. 4. TEMPORARY SIGNAGE The applicant may apply for a temporary sign permit and will be allowed a maximum of six temporary, directional A-frame signs per event. Signage shall not obstruct pedestrian paths or sight lines of motorists. All temporary signage shall be removed at the end of each event. 5. MODIFICATION OF MARKET OPERATIONS The Director of Community Development is empowered to make adjustments to the operation of the farmers market to address any documented problem or nuisance situation that may occur. DIR-2011-30 10150 North Wolfe Road Page 3 6. LAW ENFORCEMENT SUPPORT The applicant shall pay for any additional Sheriff enforcement time resulting from documented incidents in the farmers' market at the existing City's contracted hourly rate with the Sheriff Department at the time of the incident. 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements,reservation requirements,and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions 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 protest within this 90-day period complying with all of the requirements of Section 66020,you will be legally barred from later challenging such exactions. This Director's approval is effective February 8,2012. The fourteen calendar day appeal period will expire on February 22,2012. Please be aware that if this permit is not used within two years,it shall expire on February 8,2014. Attachments: A. Site Plan B. Project Description Letter dated August 25,2011 G:\Planning�PDREPORT\DlRreports�2011�DIR-2011-30.docx Pacific Coast Farmers' Market Association T A non-profit community services organization �5C,l�}-l'QI-C° 8 August 25, 201 l Mr. Colin Jung City of Cupertino 10300 Torre Avenue Cupertino,Ca. 95014-3202 Mr.Jung, Thank you for taking the time to speak with me concerning our dilemma with the Vallco Certified Farmers' Market, as you know Sears has exercised their right to terminate our agreement with a fourteen day notice. Our last day of operation will be August 26. Sears may consider the market's return to their property once construction is complete. I met with Mike Rhode on August 15 to consider a temporary location for the popular market. Mike is a huge advocate for the farmers' market and after looking at all of the potential locations we have decided to pursue the same area that we moved from, which is the parking lot between JCPennys and Highway 280. There are no changes to our proposed operations plan. We propose to: • Operate the market on Fridays, year-round from 9a.m. to lp.m., we'll need two hours of set up time and one hour of take down time, proposed permitted times for the market are 7a.m.—2p.m. • Relocate on September 5, 2011. • Provide two on-site Market Managers during the permitted times. • Use a minimum of six direction "A"frame signs to assist shoppers in finding the new location and to provide a safe and effective vehicle traffic flow within Vallco. • Proposed site plan allows for up to 100 booths and our estimated attendance is 1600 shoppers in the peak season. • Comply with all state, county and city laws and ordinances. Thank you for considering this application and your willingness to expedite this process on behalf of the community and the farmers PCFMA serves. 'ncerel , � Jo Silveira Director D�►�-��I- ,� _ �-��a , . ,_�-�.;-,. � , � 506o Commercial Circle,Suite A• Concord, CA 94520 Ph� 925-$25-9090 •F�� 925-825-91oi•www.pcfma.com ��i�3�� a � VALLCO FARMERS' MARKET PROPOSED SITE PLAN - AUGUST 26, 2011 .............................................................................................................. � ' • • - - - � � • • ' 1 1 i • • � � �Y � . � : . .. . � : �� _ �- � : �� _ . , � : � � , �.. �,, � � , r�•" . � _ .. 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