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Reso 40774-Z-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4077 OF THE PLANNING CCWMION OF 133E CITY OF CUPERTTINO REOCIT'IIEMING APPROVAL OF ADJUST THE PERFIITTED MIX71 E OF RESIDENTIAL UNIT TYPES WITHIN THE 50 ACRE QTY OUTER AREA TO AU -CW UP TO 288 RESIE NTIAL UNITS IN ATE PRCMETi4lJS PROJDCT TO CHANGE THE LAND USE DESIGNATTCN FOR TM SUBJECT SITE FROM OPEN SPACE TO FM= NrIAL SECTION 1: FINDINGS WHEREAS, the Planning Cotmnission of the City of Cupertino has received an application for a change of zone or prezoning, as described on Page 2 of this Resolution; arra WHEREAS, the necessary public notices have been given in accordance with the Procedural ordinance of the City of Cupertino, and the Planning Co mnissicm has held one or more Public Hearings on the subject application; and WHEREAS, the Planning Ccmissicn finds that the subject change of zone or prezone meets the following requirements: 1) Encourages the most appropriate Use of land 2) Conserves and stabilizes the value of property. 3) Provides for adequate access to light and air. 4) Permits adequate control of fires. 5) Protects public health, safety and welfare. 6) Promotes the orderly development of the City. 7) Benefits the property arra improvements in the zoning district and neighborhood in which the property is located. NOW, TIS, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Charge of zone or prezone is hereby recamnenied for approval; and BE IT FURIHM RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based upon are contained in the Public Hearing record concerning Application 4-Z-88 as set forth in the Minutes of the Planning Camnission meeting of July 13, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4077 (4-Z-88) 07/13/88 Page -2- SECTION II• PROTECT DESCRIPTION Application No(s) 4-Z-88 Applicant: Cupertino City Center Associates A&D Property owner: Same Location: East side of Torre Avenue approximately 400 ft. north of Rodrigues Avenue �. •� � � YY �:�F. : hY1J 1/Y7i: 71• :f Y.1 9 e .1.t6. MIDI' a :U�IiJ 1. Lard Uses Condition 16 of 2-Z-83 is hereby amended as follows: The land uses permitted for the subject property shall include a mixture of commercial, office industrial, hotel, and residential as outlined below: Square Footage Land Use 589,000 sq. ft. + Office and Industrial Office uses may include a single large tenant user enootnpassi.ng several buildings. The industrial uses are limited to research arra development and "prvto--type" research and developnent. Proto-type research arra develcpnent is limited to no more than 25% of the 589,000 sq. ft. total. 50,000 sq. ft. ± Ctiamnercial Commercial lard uses are generally allocated 50,000 sq. ft. Said building area may be used for office, industrial (consistent with limits expressed in the zoning condition) and commercial uses at the option of the developer consistent with an approved use permit on the ply. The first floor of office buildings shall be designed so as not to preclude eamnercial uses consistent with the City's CG (General Cc mrercial) zoning ordinance. (Per Condition 2, Exhibit C of Ordinance 1425.) 150,000 sq. ft. ± 240+ Room Hotel Final size is flexible based on findings similar to that of commercial land uses above. Resolution No. 4077 (4-Z-88) 07/13/88 Page -3- 328 dwelling units Residential (maximum) The overall number of residential units for the 50 -acre Town Center property does not exceed 600. For purposes of determining ornpliance with the 600 unit total, a ooagregate living project shall be I'disoounted" based on the following formula (assume 220 units): .18/.50 x 220 = 79 Units Proto-type research and developnent is permissible if conducted in concert with office functions of a business establishment. Proto-type research and development is defined as follows: Prato -type R & D refers to research and development activities which lead to the development of a new product or a new manufacturing and assembly process. Produces which are developed, manufacturedwor assembled as a part of the proto-type facility are not intended to be mass produced for sale. Guidelines for Proto-type Research and Devel n Control of hazardous materials: The type, use and storage of hazardous materials for proto-type research and development or assembly is regulated by the Uniform Building Code, the Uniform Fire Code and any new ordinance or other regulations which controls hazardous materials. Control of physical appearance: 'There shall be no outward appearance that a proto-type research and developnent or assembly process is in place. There will be no exterior storage, and receiving facilities shall be limited in scale. Generally, no more than 25% of the total space occupied by the firm will be devoted to a proto-type research and development or assembly activity. 2) . PMWOUS CCNDITIC4�S All previous conditions approved with Application 2-Z-83 shall remain in full farce and effect per City Council Action Latter dated July 26, 1983.