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Reso 170810-U-77 RESOLUTION NU. 1708 OF THE PLANNII+G CMMISSION OF THE CITY OF CUPERTINO GRANTING APPROVAL OF A USE PERIIT TO ALLOW THE CONSTRUCTION OF AN 11,300 SO. FT. BUILDING, UnNSISTING OF 7,500 SQ. FT. DEVOTED TO GENERAL COMERCIAL USES and 3,800 SQ. FT. DEVOTED TO EXCLUSIVE STORAGE/ WAREHOUSING SPACE, WITHIN A CC (GENERAL COPGIERCIAL ZONE) . APPLICANT: Robert E. Chrisman ADDRESS: 485 Hamilton Avenue, Palo Alto, California 94301 SUBNITTTED: May 9, 1977 LOCATION: AdjacenL to and southerly of Stevens Creek Blvd. approximately 450 ft. westerly of the intersection of South Blaney Ave. and Stevens Creek Blvd. ZONE: CG (General Commercial) �• FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of July 11, 1977. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions enumerated herein shall apply. 15. That the land use intensity shall be limited to an intensity that will not generate more than 16 one-way trips per acre during the peak traffic hour. For the purposes of the 16 one-way trip traffic intensity performance standard, the following accounting of trips is hereby incorporated into /• the project approval. r Trips generated by the project: General Commercial uses 7,500 sq. ft. x 2 trip ends per 1000 - 15.0 Exclusive storage/warehousing space O 3,800 sq, ft. x .5 1.$ Total - 16.8 allowable trips Surplus trip ends e 0 The applicant shall record a covenant to describe the trip/acre constraint, and the total number of trips allocated to the particular development at the time of development approval. The covenant shall be worded in a manner to suggest that the future purchaser of properties consult the individual -2- 10-U-77 Resolution No. 1708 (continued) use permit files to obtain an up-to-date status report of the total number of trips allocated to each particular property. .additionally, the covenant shall recognize that a 3,800 sq. ft. portion of the building is to be set aside for exclusive storage/warehousing space to be used by the retail tenants of the building. The covenant shall stipulate that in no case shall this space be converted to retail or office space or be leased to an outside tenant for warehousing purposes. The City Attorney shall review and approve the covenant, which shall be recorded prior to occupancy of the building. 16. This approval is for a single commercial building totaling a maximum of 11,300 sq. ft. consisting of 7.509, q• ft. of general retail space and 3,800 sq. ft. of exclusive storage/warehousing space. The allowed$ uses Ma -I -be restricted to those of a retail sales nature such as music shops, records stores, office supplies, book stores, florist shops, arts and crafts stores, and/or commercial office uses such as real estate offices, insurance offices, et cetera. New uses may be permitted to occupy the retail space in this project when, in the opinion of the Planning Director, they substantially conform to the above list of permissible uses and where it is determined that they will not exceed a maximum trip generation rate of 2 trips per 1,000 sq.-ft. As stipulated in the above Condition No. 16, the applicant does hereby recognize and agree to utilize the 3,800 sq. ft. portion of the building for exclusive storage/warehousing space to serve the tenants in this building. In no case shall this space be converted to retail office space or_leased to a tenant who does not_h retail space in this structure. Additionally; the applicant shall construct \ the -common -walls of a masonry or concrete block material with a single -door opening to the adjoining retail areas to ensure that it J} Cis not easily modified to a retail use in the future. 17. The applicant shall modify the site plan to accommodate a common ingress/egress access drive with the adjoining Custom House site. Additionally, the site plan shall be modified to accommodate a minimum of 5-ft. landscape strip along the southerly property line with wider landscaped islands and/or tree wells to accommodate large trees to screen this site from the adjoining residential site. 18. The applicant shall sign a statement acceptable to the City Attorney agreeing to provide reciprocal ingress/egress easements with the adjoining properties at such time as the City can require the same from the adjoining property owners. 20. External speakers shall not be permitted nor shall externally generated noise levels be emanated which exceed the DBA noise level of the human voice during a normal conversation around the exterior of the building. -3- e • 10-U-77 ® Resolution No. 1708 (continued) PASSED AND ADOPTED this llth day of July„1977„ata regular.meeting_of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Gatto, Markkula, Chairman Koenitzer NAYS : Commissioners Adams, Blaine ABSTAIN: None ABSENT: None ATTEST: APPROVED: • ad- cow* Robert Cowan R. D. Koenitze , Ch irman Assistant Planning Director Planning Commission 111 411 -4-