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Reso 1712 14-U-77 RESOLUTION NO. 1712 • OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A SKATEBOARD PARK AND ARCADE BUILDING IN A CG (GENERAL COMMERCIAL) ZONE. APPLICANT: Steve L. Stockwell; Lynn A. Hethcock ADDRESS: 1039 - 17th Avenue, Redwood City, California 94063 SUBMITTED: June 7, 1977 LOCATION: Adjacent to and westerly of Stelling Road approximately 170 feet southerly of Homestead Road 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 approval is based upon Exhibits A and B of Application 14-U-77, 4IPas may be modified by additional conditions contained herein. 16. The Architectural and Site Approval Committee shall have the ability to modify the location and design of the proposed fencing to increase or provide additional landscaping setback around the perimeter of this site. 17. No public address systems may be permitted. Outdoor speakers are permitted within the patio area only and shall not be audible outside the park. 18. The trash enclosure shall be relocated to the westerly portion of the parking area, and surrounded with a planter area for landscape screening. 19. The bike rack facility shall be located within the fenced area in a manner which provides for screening of the bikes and proper supervision by employees of the skateboard park facility. The applicant shall provide a contingency area to accommodate additional bicycle parking within the fenced area and in close proximity to the arcade building should it be deemed necessary after installation. 20. Parking stall sizes shall be a minimum of 9 1/2 ft. by 18 ft. The dimension and configuration of the parking area shall be subject to the review and approval by the City Engineer. -2- 14-U-77 Planning Commission Resolution No. 1712 (continued) 21. The applicant shall record an agreement for reciprocal ingress/egress and parking easements with the adjoining Church parking areas . Said agreement shall be reviewed and approved by the City Attorney prior to recordation. It is intended that the applicants of this site should receive approval for contingency parking within the Church parking facility fronting on Stelling Road as well as the Church parking facility located to the west of the Church buildings . The agreement shall be recorded prior to issuance of building permits. 22. The applicant shall sign a statement accepting full responsibility and liability with respect to any injuries on the subject property and holding the City completely harmless of any liabilities. 23. The applicant shall provide a detailed landscaping plan to the Architectural and Site Approval Committee which accommodates natural landscaping materials throughout the interior portion of the site including some tall growing trees to accommodate some height within this area. The applicant shall add "natural" landscaping islands and tree wells within the proposed parking facility and the existing Church parking facility subject to the review and approval by the Architectural and Site Approval Committee. The Committee shall have the ability to reduce the number of parking stalls below the number shown on Exhibit A to accommodate said landscaping. 24. The Phase Two portion of the site shall be landscaped subject to review and approval by the Architectural and Site Approval Committee. 25. The applicant should be aware that it will be necessary to dedicate and improve the streets along both Stelling Road and the Homestead Road frontages . 26. The City reserves the right to review any potential police or public nuisance related problems associated with the subject development and require that the applicant implement mitigating measures to offset these effects . Said mitigating measures may include but are not limited to the following: 1. Restrictions on the hours of operation. 2. Requirement that the applicant retain additional security/ supervisory measures to help mitigate any police or public nuisance problems , or noise nuisance problems. 3. Periodic review of this use permit. 27. The hours of operation shall be restricted to no later than 10:00 p.m. 28. The existing parking lot lighting fixtures shall be modified to conform with the fixture type proposed for the new 50-space parking facility. -3- 14-U-77 Planning Commission Resolution No. 1712 (contineud) 411 PASSED AND ADOPTED this llth day of July, 1977, at a regular meeting of the Planning Coumiission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer NAYS : None ABSTAIN: None ABSENT: None ATTEST: APPROVED: VApiAitCertaMta Robert Cowan R. D. Koenitze Cha rman Assistant Planning Director Planning Commission S -4-