CC Resolution No. 06-106
RESOLUTION NO. 06-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE 1977 (rOLL BROTHERS)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1977 (Toll Brothers); and
WHEREAS, the referendum petition contained sufficient signatures to qualifY the
question for the ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A special municipal election is called for November 7, 2006, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1977, an Ordinance of the City Council of the
City of Cupertino rezoning a 32.58 gross acre parcel from Planned YES
Industrial Zone, P(MP), to Planned Residential and Commercial,
PeRes, Com), and Public Park, PR, located at north of Stevens Creek
Boulevard and south of 1-280 between Tantau Avenue and Finch NO
Avenue (Toll Brothers), be approved?
2. The text of Ordinance No. 1977 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, August 7, 2006, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, August 17, 2006, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
Resolution No. 06-106 (Toll Brothers)
Page 2
6. The City of Cupertino requests that this special election be consolidated with the
election of November 7, 2006, and this governing body consents to such
consolidation;
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 6th day of June 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
Wang, Kwok
None
None
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~:aVED~
Mayor, City of Cupertino
ATTEST:
ORDINANCE NO. 1977 (ATTACHMENT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REZONING OF AN 32.58 GROSS ACRE PARCEL FROM PLANNED INDUSTRIAL
ZONE, P(MP), TO PLANNED RESIDENTIAL AND COMMERCIAL, P(RES, COM),
AND PUBLIC PARK, PR, LOCATED AT NORTH OF STEVENS CREEK BOULEVARD
AND SOUTH OF 1-280 BETWEEN T ANT AU AVENUE AND FINCH AVENUE
(TOLL BROTHERS)
WHEREAS, an application was received by the City (Application no. 2-2005-04) for the
rezoning of a property to Planned Residential and Commercial, P(RES, COM) and Public Park
(PR); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended denial of the rezoning, deferring the decision to the City Council; and
WHEREAS, a map and legal description of the subject property is attached hereto as
Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit A is hereby rezoned to
Planned Residential and Commercial, P(RES, COM), and Public Park (PR); and that Exhibit A
attached hereto is made part of the Master Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th
day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 21" day of March, 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
Kwok, Wang
None
None
A lTEST:
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APPROVED:
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Mayor, City of Cupertino .
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SAN JOSE. CA 95131
0408-0467-9100
408-0467-9199 (FAX)
Sub leet CALA8AZAS PLACE
ZOH1NG PLAT YAP - LOT 1
Job No. 20056051
By RO Date 03/08/06 Chkd.JU
SHEET 1 OF 6
.BkJ
March 8, 2006
BKFNo.2oo56051-1O
Page 1 of2
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOTI
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most northerly comer of said Parcel B, said point also being the begirnring
of a non tangent curve, concave to the south, having a radius of 595.00 feet, from which point a
radial line bears South 03020'52" West;
Thence easterly along said curve and along the southerly line of Vallco Parkway 110.00 feet in
width, as shown on Parcel Map, filed August 3, 1987 in Book 576 of maps at page 31 and 32,
Records of Santa Clara County, through a central angle of 28024'31" and an arc length of 295.02
feet;
Thence South 58014'37" East 5.00 feet to the beginning of a curve to the right, having a radius
of 30:00 feet;
Thence southerly along said curve through a central angle of 90000'00" and arc length of 47.12
feet to a point on the easterly line of said Parcel B;
Thence South 31045'23" West 0.15 feet to the beginning of a curve, having a radius of 888.00
feet;
Thence southerly along said curve through a central angle of 18038'40" and an arc length of
288.96 feet to a point on the easterly line of said Parc,el B;
Thence leaving said westerly line of said point on the easterly line of said Parcel B the following
three (3) courses:
1) South 89031'44" West 371.56 feet;
2) North 00024'00" West 93.20 feet;
3) North 88054'46" East 195.49 feet;
Thence North 01005' 14" West 304.23 feet to the point of BEGINNING.
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SAN dOSE. CA 95131
408-467-9100
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Subject CALABAZAS PLACE
ZONING PLAT W - LOT 2
Job No. 20056051
By RO Dote 03/08/06 Chkd.JM
SHEET 2 OF 6
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March 8, 2006
BKF No. 20056051-10
Page 1 of!
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 2
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most southwesterly comer of said Parcel B; said point also being the
southerly terminus of the course "North OOo24'OO"West 527.77 feet" of the southerly line of
Parcel B, as shown on said Parcel Map.
Thence along said southerly line of said Parcel B the following two (2) coumes:
1) North 00024'00"West 434.57 feet;
2) North 89031 '44" East 371.56 feet to a point on the easterly line of said Parcel B. said point
also being the beginning of a non-tangent curve, concave to the southeast, having a radius of
888.00 feet, from said point a radial line bears South 76053' 17" East;
Thence southerly along said curve through a central angle of 13036'53" and an arc length of
211.01 feet;
Thence South 00030' 10" East 200.19 feet to the beginning of a curve to the right having a radius
of 25.00 feet; .
Thence southwesterly along said curve through a central angle of 90006' 10" and an arc length of
39.31 feet to a point on the southerly line of said PlI1'l(el B;
Thence South 89036'00" West 322.34 feet to the Point of BEGINNING.
Lot 2 contains an area of 152,462 square feet (3.5 acres) more or less.
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0408-467-9199 (FAX)
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Sub j ect CAI.A8AZAS PlACE
ZONING PLAT MAP - LOT 3
Job No. 20056051
By RO Dote 03/08/06 Chkd.JM
SHEET 3 OF' 6
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March 8, 2006
BKF No. 20056051-10
Page I of2
&iGlNIllI$. SUR_IS' PU\""".'
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 3
All that certain real property situate in the City of Cupertino, CO\lIlty of Santa Clara, State of
California, described as follows:
Being all of Parcel 2, and a portion of Parcel 3, as shown on Parcel Map, filed August 3, 1987 in
Book 576 of Maps at Pages 31 and 32, Records of Santa Clara County, more particularly
described as follows:
BEGINNING at a point on the easterly line of Finch Avenue being 76.00 feet in width, said
point also being the southerly terminus of the course "South 00030' 10" East 201.07 feet" of the
westerly line of said Parcel 2, as shown on said Parcel Map.
Thence along said westerly line of said Parcel 2 the following four (4) courses:
I) North 00030'10' West 201.07 feet to the beginning ofa curve to the right having a radius of
812.00 feet;
2) Northeasterly along said curve through a central angle of 32015'33", and an arc length of
457.18 feet;
3) North 31045'23" East 0.15 feetto the beginning of a curve to the right having a radius of
30.00 feet;
4) Northeasterly along said curve through a central angle of 90000'00", and an arc length of
47.12 feet to a point on the southerly line of Vallco Parkway being 110.00 feet in width, as
shown on said Parcel Map;
Thence South 58014'37" East 362.70 feet to the beginning of a curve to the left having a radius
of705.00 feet;
Thence easterly along said curve through a central angle of 20039' 53", and an arc length of
254.27 feet;
Thence leaving said southerly line of V alleo Parkway South 00028' 16" East 366.49 feet to a
point on the northerly line of Stevens Creek Boulevard, varying in width, as shown on said
Parcel Map, said point also being the beginning of a non-tangent curve concave to the south,
having a radius of 2000.00 feet, from said point a radial line bears South 01014'38" East;
Page 2 of2
Thence along said northerly line of Stevens Creek Boulevard and the southerly line of said
Parcels 2 and 3 the following four (4) COuples:
I) Westerly along said curve through a central angle of 04011'27", and an arc length of 146.29
feet to the beginning of a reverse curve having a radius of2000.00 feet;
2) Westerly along said curve through a central angle of 04057'49", and an arc length of 173.26
feet;
3) South 89031 '44" West 363.80 feet to the beginning of a curve to the right, having a radius of
25.00 feet;
4) Northwesterly along said curve, through a central angle of 89058'06", and an arc length of
39.26 feet to the point of BEGINNING.
Lot 3 contains an area of 364,713 square feet (8.37 acres) more or less.
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ZON1NG PLAT MAP - LOT 4
Job No. 20056051
By RO Dote 03/08/06 Chkd.JU
SHEET 4 or 6
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9Bl RIDDER PARI< DRlIIE
SUITE 100
SAN JOSE. CA 95131
<108-0467-9100
<108-0467 9199 (FAX)
.Bkf
March 8, 2006
BKFNo.200S60S1-10
Page 1 of2
DK...w....,~:PUIIa:n
. EXHIBIT "An
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 4
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed August 3, 1987 in Book S76 of Maps
at Pages 31 and 32, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Stevens Creek Boulevard varying in width, said
point also being the easterly terminus of the course "South 89031'44" West 304.37 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Map.
Thence South 89031'44" West 304.37 feet to the beginning of a curve to the left, having a radius
2000.00 feet;
Thence Westerly along said curve through a central angle of 00046'22", and an arc length of
26.97 feet
Thence Leaving said southerly line of said Parcel 3 North 00028'16" West 366.49 feet to a point
on the southerly line of Valleo Parkway 110.00 in width, as shown on said Parcel Map, said
point also being the beginning of a non-tangent curve, concave to the north, having a radius of
70S.00 feet, from said point a radial line bears North 1100S'30" East;
Thence easterly along said curve through a central angle of 11 033' 46", and an arc length of
142.28 feet;
Thence North 89031'44" East 21S.03 feet to the beginning of a curve to the right, having a radius
of 2S.00 feet;
Thence southerly along said curve through a central angle of 90000'00" and an arc length of
39.27 feet to a point on the easterly line of said Parcel 3;
Thence South 00028' 16" East 277.00 feet to the beginning of a curve to the right, having a radius
of SO.OO feet;
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Job No. 20056051
By RO Dote 03/0a/06 Chkd.JM
SHEET 5 OF 6
I /I _,"-
.Bkf
MaTch 8, 2006
BKFNo.20056051-1O
l'age 1 of 2
1OoI_',Sua_~
EXHIBIT "A"
LEGAL DESCRIPI10N
FOR ZONING PURPOSES
LOTS
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Vallco Parkway, being 110.00 feet in width,
said point being at the easterly tenninllS of the course "South 89031'44" West 215.03 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Map.
Thence along said southerly line of said Parcel 3, South 89"31'44" West 215.03 feet to the
beginning of a curve'to the left having a radius 595.00 feet;
Thence westerly along said curve through a central angle of 32013'39", and an arc length of
334.67 feet;
Thence North 58014'37"West 170.97 feet to a point on the westerly line of said Parcel 3, to the
beginning of a non-tangent curve, concave to the northwest, having a radius of 372.50 feet, from
said point a radial line bears North 29026'28" West;
Thence northeasterly, along said curve, through a central angle of 27037'18" and an arc length of
179.58 feet;
Thence North 32056'II"EasI224.37 feet to a point on the westerly line said Parcel 3;
Thence leaving said southeasterly line of said on the, westerly line of said Parcel 3 the following
nine (9) courses:
1) South 57025 '17''Easl 54.57 feet;
2) North 32033'14''East 114.82 feet;
3) South 56052'23''East 50.87 feet;
4) South 19030'18"East 44.75 feet;
5) South 7405T49"East 104.77 feet;
Page 20f2
6) North 44"29'36"East 42.96 feet;
7) North 82058'21''East 49.67 feet;
8) South 05057'28"East 117.69 feet;
9) North 83032'59"East 56.23 feet to a point on the easterly line of said Parcel 3, said point also
being a non tangent curve, concave to the east, having radius of 60.00 feet, from which point a
mdialline bears North 86019'22''East;
Thence southerly along said curve, through a central angle of 02031' 59", and an arc length of
26.53 feet to a point on the easterly line of said Parcel 3;
Thence along said easterly line of said Parcel 3 the following two (2) courses:
1) South 06012'37" East 320.00 feet;
2) South 00028' 16" East 14.00 feet; to the beginning of a curve to right, having a radius of 25.00
feet;
Thence southwesterly, along said curve, through a central angle of 90000'00" and an arc length
of 39.27 feet to the point of BEGINNING.
Lot 5 contains an area of 254,379 square feet (5.84 acres) more or less.
K:\ENGOSIOS60S llDWG\EXHlBlTS\Legal Descriptionsll..otS.doc
.Bkf
March 08, 2006
BKFNo.2oo56051-1O
Page 1 of2
EltIl._,hwvIIB,~
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 6
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point at the most northwesterly comer of said Parcel 3, said point also being
on the southwesterly line of Junipero Serra Freeway (State Highway 280) as shown on said
Parcel Map.
Thence along said southwesterly line of Junipero Serra Freeway (State Highway 280) South
57002'38" East 298.28 feet to a point on the easterly line of said Lot 6, said point also being the
beginning of a non-tangent curve concave to the east, having a radius of 600.00 feet, from said
point a radial line bears South 68039'51" East;
Thence southerly along said curve, through a central angle of 25000'47", and an arc length of
261.94 feet.
Thence leaving said easterly line, the following nine (9) courses:
1) South 83032'59" West 56.23 feet;
2) North 05057'28" West 117.69 feet;
3) South 82058'21" West 49.67 feet;
4) South 44029'36" West 42.96 feet;
5) North 74057'49" West 104.77 feet;
6) North 19030'18" West'44.75 feet;