HomeMy WebLinkAboutCity Council Resolution 04-095RESOLUTION NO. 04-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFSARATOGA
WHEREAS, the City of Saratoga Planning Commission has received an application
for a Conditional Use Permit to allow the establishment of Saratoga Farmers' Market at
Saratoga High School on Saturdays year round; and
WHEREAS, the Planning Commission has conducted a duly noticed Public
Hearing at which time all interested parties were given a full opportunity to be heard
and to present evidence; and
WHEREAS, the Planning Commission finds the proposed project allowing for a
Certified Farmers' Market is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section 15304, "Temporary agricultural truck sales"; and
WHEREAS, the Planning Commission approved Saratoga Farmers' market to
operate as represented on the Use Permit application with a maximum of forty (40)
agricultural vendors and sixteen (16) non-agricultural vendors on site.
WHEREas, the City Council decided on October 6, 2004 to initiate an appeal of the
Planning Commission s approval, and
WHEREAS, the City Council held a duly noticed Public Hearing at which time all
interested parties were given a full opportunity to be heard and to present evidence, and
WHEREAS, this hearing was advertised in the Saratoga News on November 17,
2004, posted on November 17, 2004 and notices mailed on November 17, 2004, and
WHEREAS, the City Council considered all written and oral testimony
presented regarding the proposed Conditional Use Permit for the Certified Farmers'
Market.
NOW, THEREFORE, that the City Council of the City of Saratoga does hereby grant the
Conditional Use Permit with the following findings:
That all of the findings required within Section 15-55.070 of the City Code can be made
in the affirmative in that:
The proposed Saratoga Farmers' market meets the objectives of the Saratoga
General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning
district in which the site is located, in that the proposed establishment will be
mutually beneficial to the surrounding uses, and will be conveniently located to
provide a service beneficial to the residents of Saratoga; and
The proposed Saratoga Farmers' market will not be detrimental to the public
health, safety or welfare, nor materially injurious to properties or improvements
in the vicinity in that appropriate conditions have been placed on the project to
minimize potential impacts in that the number of vendors has been reduced to a
maximum of forty (40); and
• That amplified music will not be allowed at Saratoga Farmers' market, and
• The proposed Saratoga Farmers' Market will comply with all other applicable
provisions of the Saratoga City Code.
Section 1. After careful consideration of the application packet and other exhibits
submitted in connection with this matter, the application for a Conditional Use
Permit approval is hereby granted until June 30, 2005 subject to the following
conditions:
1. The City of Saratoga shall retain continuing jurisdiction over the Conditional Use
Permit and may, at any time, modify, delete or impose any new conditions of the
permit to preserve the public health, safety, and welfare.
2. The Saratoga Farmers' market shall operate as represented on the Use Permit
application with a maximum of forty (40) vendors on site.
3. Any intensification of this use shall require an amended Conditional Use Permit.
4. The operating hours of the Saratoga farmers' Market includes set-up activities no
earlier than 8:00 a.m. and clean-up activities no later than 2:00 p.m. At no time
shall vendors arrive on the property of Saratoga High School located at 20300
Herriman Avenue, Saratoga, CA 95070 earlier than 07:45 a.m. The California
Certified Farmers' Markets Association is required to provide a site manager
responsible for vendor compliance of the Conditions of Approval.
5. On or before September 1 of each subsequent year, the applicant is required to
provide the City of Saratoga Community Development Department copies of the
County of Santa Clara Environmental Health Permit, and clearance letters from
the Fire District and County Sheriff's Department.
6. The proposed use shall at all times operate in compliance with all regulations of
the City and/or other agencies having jurisdictional authority over the use
pertaining to, but not limited to, health, sanitation, safety, and water quality
issues.
7. Amplified music is inconsistent with the stated agricultural nature of the
Saratoga Farmers' Market and is prohibited.
8. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in
connection with City's defense of its actions in any proceeding brought in any
State or Federal Court, challenging the City's action with respect to the
applicant's project.
9. Noncompliance with any of the conditions of this permit shall constitute grounds
for the revocation of the Conditional Use Permit.
Section 2. All applicable requirements of the State, County, City and other
Governmental entities must be met.
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on December 1, 2004, on the following roll-call vote, to wit:
AYES: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith,
Vice Mayor Norman Kline, Mayor Kathleen King
NOES: None
ABSENT: None
ABSTAIN: None
Kathleen King, Mayor
ATTEST•
Cathleen y r