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One Year Review of Oaks Farmers Market.docx 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 Date: October 1, 2012 Subject: One Year Review of Farmers’ Market at the Oaks Shopping Center, 21275 Stevens Creek Boulevard BACKGROUND: 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 April 26, 2011 (Attachment A – PC Resolution No. 6632). Due to the additional time needed to recruit vendors and obtain County health permits, the market operator, Jerry Lami, did not start operations until October 1, 2011. This report evaluates a full year of operations. City staff has visited the market from time to time throughout the year. The outdoor market operates on Sundays between 9:00 a.m. and 1:00 p.m., allowing for 1 and ½ hours for set up before the market opens and another 1 and ½ hours for break down and clean up after the market closes. Staff’s evaluation of the market operations in reference to the permit conditions is presented below in a table format. DISCUSSION: 2012 Review of Farmers’ Market at the Oaks Shopping Center Permit Condition Staff Comments  Market shall be capped at a maximum of 60 farmers/vendors and restricted to the double-vehicle loaded parking aisle along Highway 85 (Attachment B – market layout/circulation plan). The market peaked at 30-35 vendors, but has since dwindled to about 20 vendors. The operator has shrunk the market area to account for its smaller size and is set back an additional 125 feet away from the Glenbrook Apartments, but has the potential to expand into its permitted area if the operator can increase his list of vendors.  A vendor circulation plan shall minimize traffic on Mary Avenue (Attachment B) Staff has directed the applicant to have his vendors enter the shopping center from the two Stevens Creek Boulevard driveways and the easterly Mary Avenue driveway. Compliance has not been 100% with a few vendors using the westerly Mary Avenue driveway. Staff has asked the operator to address this.  Outdoor live entertainment activities are prohibited. No outdoor live entertainment activities have been held in conjunction with the market.   Cooked (hot) food vendors shall be located in the south side of the market close to Stevens Creek Boulevard Cooked food vendors have not been established at the market. The property owner has prohibited vendors that compete directly with center restaurants. Only one hot food vendor is present, Kettle Korn. Sometimes this vendor was located on the north side of the market and City staff asked that this vendor be moved to the south side of the market. Applicant complied.  Toilet facilities and a hand-washing station shall be provided at each event and sited away from Mary Avenue. The operator has contracted with the Coffee Society to allow market visitors and vendors to use its bathroom facilities. Staff notes that visitors are normally not at the market for a long enough period of time to need such facilities.  The market site shall be swept clean at the end of each event. The operator has kept the parking lot clean after each event. Note that the property owner also polices this requirement.  Trash shall be picked up on the westerly and south sides of Mary Avenue from the northerly Glenbrook Apts driveway to the Oaks Shopping Center. In addition to these areas, the operator has voluntarily picked up trash, most of it non-farmers’ market items, along the Stevens Creek Boulevard frontage and the Glenbrook Apartments frontage.  The applicant shall pay for any additional Sheriff enforcement time resulting from documented incidents in the farmers’ market. The Sheriff’s Office reports that there have been no complaints about the outdoor market. The City’s Code Enforcement Office has also received no complaints about the market.  The market shall have areas for customer parking. The larger farmer trucks have been parking on Mary Avenue to give customers more parking spaces in the shopping center. There is ample parking in the shopping center on Sunday morning and customers parking on Mary Avenue or in the shopping center is a matter of personal choice.   CONCLUSION: The farmers’ market operator is in compliance with his permit approval. The operator has been cooperative with staff making adjustments as needed to address any perceived problems. He has also expended extra time, effort and resources to be a good neighbor to adjacent land uses. A copy of this report has been distributed to the market operator, property owner and Glenbrook Apartments. ACTION: The report is for information only. No action is needed Attachments: PC Resolution No. 6632 Farmers’ Market Layout G: Planning/PDREPORT/CC/2012/One Year Review of Oaks Farmers Market.docx