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7.1.F. - Page 101 <br /> interpreted to disallow an Owner from trading the temporary use of its Residential Unit for the right <br /> to use another dwelling on a temporary basis, provided the frequency of such exchange is in <br /> accordance with the Rules. <br /> 7.2. Commercial Condominium Use: Except as provided in this Section 7.2, all <br /> restrictions of Article 7 shall apply to the Commercial Unit. The provisions of Sections 7.1, 7.5.A, <br /> 7.9, 7.10, 7.18, 7.22, 7.24 and 7.25 shall not be restrictions on the use of the Commercial Units. <br /> The provisions of this Section 7.2 shall not be amended, revised or deleted without the prior written <br /> consent of all of the Commercial Unit Owners. <br /> A. Commercial Uses. The Commercial Units shall be occupied and used <br /> solely for commercial purposes by the Commercial Unit Owners and their tenants or lessees. <br /> Except for restrictions identified in this Section 7.2, the Commercial Unit Owner may use or lease <br /> a Commercial Unit for any commercial uses permitted by the City Codes applicable in the zoning <br /> district in which the Project is located. There shall be no residential uses of any Commercial Unit. <br /> As long as Commercial Unit A is being used by the San Mateo Credit Union as a retail banking <br /> branch, no other Unit in the Project may be used for retail banking, or as a financial institution whose <br /> business includes the taking of deposits and making of loans. The Association, Board and Residential <br /> Unit Owners shall not restrict the use, operation or leasing of any Commercial Unit or any individual <br /> commercial space contained therein. There shall be no rule, restriction or limitation on the use of a <br /> Commercial Unit or any individual commercial space contained therein except as provided in this <br /> Section 7.2, The Commercial Unit and individual commercial spaces contained therein shall be <br /> used in strict conformity with the Planning Code and applicable zoning ordinances of the City. Any <br /> lease of all or a portion of a Commercial Unit shall expressly provide that it is subject to the <br /> provisions of the Condominium Documents. The following requirements shall apply to the use of <br /> Commercial Unit: <br /> (1) Each Commercial Unit Owner shall be permitted to use <br /> and lease its Commercial Unit as separate commercial spaces for use by individual tenants. <br /> A separate commercial use may be operated in each individual tenant space. Use of any <br /> individual commercial tenant space shall be subject to the terms and conditions of the <br /> lease between a Commercial Unit Owner and the respective Commercial Tenant. <br /> (2) No restaurants or other food service uses that involves or <br /> entails kitchen operations, or that require installation of grease traps or exterior venting <br /> under applicable Laws shall be allowed in a Commercial Unit. Notwithstanding the <br /> foregoing, cafes serving breakfast, lunch, dinner or coffee and/or beverage services <br /> shall be permitted in a Commercial Unit, including any of the individual commercial tenant <br /> spaces contained therein, provided that such operations do not involve or entail kitchen <br /> operations, or that require installation of grease traps or exterior venting under <br /> applicable Laws ("Cafe Operation"). The Café Operation must be permitted by zoning or use <br /> standards of the City. Any such Café Operation shall be operated in a manner which is not <br /> detrimental to the health and safety of the Occupants of any other Units in the Project, and in <br /> accordance with local health standards. The Unit Owner of any Unit which is undertaking such <br /> Café Operation shall be responsible for any health problems which emanate from such use, <br /> including, but not limited, to rodents, pests, insects, or other health and safety problems. The Unit <br /> Owner who is undertaking such Café Operation shall be required to indemnify the Declarant, the <br /> Association, the Board and the other Unit Owners for any claims arising from such use. The Owner <br /> of a Commercial Unit with a Café Operation shall conduct its business or cause the tenant or other <br /> occupant to conduct its business operations in a manner that limits odors from the space to a <br /> commercially reasonable extent from emanating or extending outside of the Commercial Unit space. <br /> If the Association determines that a Unit Owner or Occupant, who is using a Unit for <br /> Café Operations, is violating the requirements herein stated, then the Association shall be entitled <br /> to give written notice to the Unit Owner, or the Occupant, with respect to such claims. The Board <br /> shall conduct a hearing, providing the Unit Owner with appropriate notice, and an opportunity to be <br /> heard, with respect to any such claims of violation. If the Unit Owner is found to be in violation, <br /> then the Unit Owner shall rectify the violation within thirty (30) days of the findings of the Board. <br /> If the Unit Owner fails to rectify the violation within said thirty (30) day period of time, after such <br /> hearing has been conducted, then the Board shall be entitled to issue a notice of discontinuation of <br /> use of the Unit for such Café Operation. If the Unit Owner does not rectify the violation within <br /> thirty (30) days after such subsequent notice, then the Unit Owner shall cease and desist all use <br /> 38 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />