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U-1976-16b�f cwgcrtbw southeast darner of the acpozz-saatt_be required, for aev uses unless there is sufficient City_ bdata'to d,etetmine the appropriate trip rate. Proposed Ice`Cream'Store the Orchard Talley. Marketplace requested to install a k,000 sq. ft. ice.Cream Store within an area designated for mall shops at two trips per 1,000 sq.+ft. The applicant was not willing to conduct his own traffic evaluation and had to rely upon the established City figures': Staff had two counts.£or ice cream stores which equal 15 one -Lay peak hour trips: In one study at least 11 of those trips were documented as non-commute-related- tripsconsisting of people with children, pets, etc. The applicant has been repeatedly informed that he has the option of conducting his,crrn traffic analysis to verify that the operation he is proposing would comply with the trip constraint, and/or modifying other land uses allowed within the center. The applicant -has chosen not to do this and instead elected to close tie ice cream store during the peak traffic hour period. Staff agreed to this S um= re - "e subject "se is qui_e simg3y a ratter where the applicant has ::husen not to comply with the established procedures for evaluating land use as agreed upon in the ariginal use permir.. Staff is particularly concerned about the subject ~„easc•beepuse it appears that the center is generating traffic levels far in _Qlecess of those originally projected in the use permit. 16-U-76 RESOLUTION NO. 1577 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO ® - RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW CON- STRUCTION OF 84,000 SQ. FT. OF COMMERCIAL SPACE. • APPLICANT: Terranomics Development Corporation - ADDRESS: 280 Battery St. , 2nd. Floor, San Francisco, California 94111 SUBMITTED:. July 30, 1976 LOCATION: Southeast corner of the intersection of Stevens Creek Blvd. • and Portal Ave. CONDITIONS AND FURTHER FINDINGS: 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 as enumerated herein shall apply. 15. The approval is based upon Exhibit A, 1st Revision, of '16-U-76, as may be amended by additional conditions contained herein. • 16. That the subject property fully utilizes the number of trips available based upon the 16 one-way trip per acre standard which translates to 158 trips. In order to comply with the traffic performance standard, the applicant must comply with the following categories of uses and • store space utilization. 1. Assessment of Major Tenants Size Trip Generation Number of Auto Rate Trips A. Building space Longts Drugstore Minimum 27,500 sq. ft. , 1.75 49 • B. Sporting Goods Minimum 10,000 sq. ft. , 1.70 . 17 . 2. °'Restaurants. Maximum 11,000 sq. ft. " 3 ` 32 • .:.' 3.-`" Savings-&" Loan 5,000 sq. ft. . 2 . 10 4. Furniture Store Minimum 9,000 sq. ft. .75 . 7 5 :. Mall Shops 22,500 sq. ft. 2 ' 43 - = • 84,000 158 :The space utilized by the drugstore and sporting goods shop shall be - reviewed by City staff prior to change of tenancy. The traffic genera- -'tion" rate expressed in trips per thousand sq. ft. shall not exceed the : :rates identified above. For the purpose of this application, the term "restaurant" represents a specialty type-"dinner house" restaurant as Aft ` opposed to a convenience type restaurant such as' a. "coffee shop"- MP restaurant. -2- Resolution No. 1577 (continued) 16-U-76 • 17. The applicant shall submit a report prepared by an acoustical engineer evaluating the height of the sound wall adjacent to single-family homes as well as the acoustical barrier isolating the loading dock operations -behind Stores B. Said sound walls and loading dock area shall be designed so as to maintain the present ambient noise level with the adjoining residential neighborhood. 18. The curb cut immediately opposite the Vallco Parkway/Stevens Creek Boulevard intersections should be realigned in a manner as approved by City Engineer. 19. A 12 -ft. wide access drive shall be constructed to the rear of the stores to provide access for emergency service personnel. The drive- • . way shall be designed in a manner to preclude commercial servicing vehicles and patrons. The Architectural and Site Approval Committee shall evaluate the design. y" 20. The applicant shall pay any costs involved in modifying the existing signal at the intersection of Stevens Creek Boulevard and Vallco Park- way if said modification is necessary to serve the development as determined by the. City Engineer. -- 21. In order to preclude the construction of only a portion of the commercial facility,i.e. a major tenant,.. the applicant shall not occupy any portion of the facility until construction has commenced on the remainder of the project with theexception of the freestanding savings and loan facility adjacent to Stevens Creek Boulevard. • 22. Truck movements including refuse pickup on the site shall be restricted in a"manner as set forth in the Cupertino Municipal Code. PASSED AND ADOPTED this 13th day of September, 1976, at'regular meeting of the Planning Commission.of the City of Cupertino," State of California, by the fol- lowing roll call vote: . -AYES Commissioner Koenitzer, Vice Chairman Woodward NAYS:," None '=. ABSTAIN: Commissioner Gatto ABSENT: Chairman Adams • ATTEST; APPROVED: /s-/.J. Donald Woodward, Jr. ames-H., Sisk J. Donald Woodward, Jr. , Vice Chairman Planning Director Planning Commission 3 Fri ct+;aI[orssia� 93£ Attention- :4ai P4terson a sisili: �.e t+rnsstcnct� prr t� 7�T3 cvwparat iom at:. tha- abo-xe•- '-T �A '_''37$. e`2t'� Sd::3Si aciair•c E7ff'.of StIIe3cruji1- y e$es3gSaeT La L$e t# #'S Z3 e€ !hmlldtvg•_officLa$, ` an etrifieatinm bar the typal eg ',f ftc ; that i%e proper ed 2QUStSOiCt i . Orl-i ta3, aMlicable iw"ae ri. gm!ZCSd@SitS. _ __ '�oti5iseaiirsxx re p.'oes trs�sthis -a: f«te tbac esr:.im 3fft-c'te.: - residtar daa+ se ersscra3, rc v uZi?. the. prapns'c r1SdCCSF —r— Ltd• `x1:!m- 7%1� Cit st iZ 5.2E i assumr,. Se">" "Sis3 il 2s: ti'+ si $fZY :�-$.;. .+E^-.. ?TM ti:'T".°£:'su� - t z x52rZx t:3:s" aaat:se us of t1s wze�i.fa'�st Z . azs__ t . IN ",.' t Sn7e 2`SZ^f 'M1ii3i d'.m C'�'i'�;qCF£ ¢tiu ' iCr`-�*,a L•�.Y£-u.- �..,%.�L� .3-... � "T>1 ye : �'� _ - vy T`s• ����.,� 4!lYa'x';rn•sy 4-1- w 9 f'k •.. f : i i` i'.Rii'Zli'... Xi . t ini".-;?L 'i. c 3• . S :'ti-�.�s>t �''. . y�h2 •.rf'ti s.i�t�� is�a..+_ S.t"-: .. 5�......L .�. _ .. r - _ LL _ . � s .. _ rtx..�'.r aSYar.'y-�.Y4t=�—.ti -be :Y.. BI ,j..3Si s':A:s ix:5.2i'S.S' _•SY ; I•i'i6 ,,,+'� Kl�f, +5¢arl for-mestariranCS - pIIC'G t liQ �i O€-: the S28C.�II$ Ci�iC3S�: V t� tba enclOSId. XIC! ,O£ tLir_'Imildja_ ise, note : [6ac t� c-.•*jjjj•fsai•,•• g. ;excludes fasi-£c:od t'staaraats -which c�aettris�d � �ig#�es. t�x�-mover rates, Vie= genic �•�•_»•« iav�Es , aaa cc axe o€ a€ ��+Pe €mmd eon• :,�.,:� ;