DIR-2017-08.pdf CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014(408) 777-3308
Ta Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Associate Planner
Date: August 24, 2017
Subject: Director's Minor Modification, DIR-2017-08, to extend the hours of operation for an
existing farmers market at The Oaks shopping center.
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.
DISCUSSION
The Planning Commission approved a referral of a Director's Minor Modification (DIR-2010-26) to
allow a farmers' market at the Oaks Shopping Center at 21275 Stevens Creek Boulevard on Apri126,
2011 (Enclosed -PC Resolution No. 6632). The outdoor market operates on Sundays between 9:00
a.m. and 1:00 p.m., allowing for one and half hours for set up before the market opens and another
one and half hours for break down and clean up after the market closes. Staff evaluated the market
on October 1,2012 in accordance with Condition 8 of the Directors Minor Modification and concluded
that the farmers' market operator had been in compliance with the permit approval.
The operator, Jerry Lami of West Coast Farmer's Market, has requested as part of an application to
extend the days of operation to every Friday, in addition to the existing weekly Sunday schedule.
Operation of the farmers market, including number and location of vendors, parking, and hours of
operation are proposed to duplicate that of the current market.In an effort to mitigate potential traffic
conflicts, the market will be permitted to open at 10 a.m. instead of 9 a.m. on Fridays.
Staff sent notices to property owners within 300' of the site and site signage was placed along Mary
Avenue. As of the writing of this report, no comments have been received from the public. As the
Farmer's Market has been operating without incidence and has been found to be a use supported by
the community, Staff recommends approval of the extra day of operation in accordance to the
conditions of approval.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on application submitted by Jerry Lami, except as may be amended by
conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous development permit conditions of approval, in accordance with Director's Minor
Modification DIR-2010-26 as approved by the Planning Commission on April 26, 2011 shall
remain in effect, except as may be amended by the conditions contained in this resolution.
3. HOURS OF OPERATION ON FRIDAYS
The market is approved to operate on Fridays between 10:00 a.m. to 1:00 p.m., allowing for one
and a half hours for set up before the market opens and one and a half hours for break down and
clean up after the market closes at 1:00 p.m. The market shall not operate on the same Fridays as
the Cupertino Cherry Blossom Festival or the 4 of July Celebration.
4. INDEMNIFICATION
Except as otherwise prohibited by law,the applicant shall indemnify and hold harmless the City,
its City Council, and its officers, employees and agents (collectively, the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against one or more
of the indemnified parties or one or more of the indemnified parties and the applicant to attack,
set aside, or void this Resolution or any permit or 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 applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City Attorney
time and overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City.
5. 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.
The approval of this modification is effective August 21, 2017. The 14-calendar-day appeal period
will expire on September 7, 2017.
Enclosure:
- Planning Commission Resolution No. 6632
G:A Planning\PDREPORT\DlRreports\2017\DIR-2017-OS.docx