Impartial Analysis Measure E Toll Bros (2)
City Attorney’s Impartial Analysis for Measure E
Toll Brothers
This ordinance, if enacted by Cupertino electors, provides for re-zoning several parcels consisting of 32.58 acres located north of Stevens Creek Boulevard and south of I-280 from Tantau
Avenue to Finch Avenue from a Planned General Commercial, Office, Light Industrial, Hotel Zone to Planned Residential, Commercial, and Public Park Zones. If enacted, the ordinance will
allow the construction of a mixed-use development consisting of approximately 115,600 square feet of commercial shopping center, 300 residential units, 80 low-income senior apartments
and a 3.5 acre public park. The owners of the property have already obtained the necessary discretionary permits which will allow them to commence construction if the rezoning ordinance
is enacted.
The approval of the specific development by the City Council is subject to a number of conditions which are described in detail in the approved conditional use permit adopted by the
City Council on March 23, 2006 and on file with the City Clerk. These conditions include, but are not limited to, the following:
1. Providing of an average 35-foot front setback (minimum 30 feet) along Stevens Creek Boulevard for commercial shopping.
2. Participation in the City’s below market rate program by providing 80 low-income senior apartments on site.
3. Dedication of a portion of the site for a 3.5 acre public park together with constructing the necessary park improvements thereon.
4. Contribution of $140,000 for improvements for the public trail connection on the east side of Calabazas Creek from Vallco Parkway over I-280.
5. Providing a new pedestrian sidewalk along the west side of Tantau Avenue together with other street and sidewalk improvements.
6. Setting aside one-quarter percent (up to $100,000) for public art on the site.
7. Providing a public pedestrian easement over sidewalks through the interior of the development.
8. Design and use of the approximately 3,300 square foot commercial space located at the corner of Vallco Parkway and Finch Avenue as a small restaurant or café.
9. Contribution of $300,000 to the Fremont Union High School District.
If the ordinance is not enacted by a majority vote of the electors voting, then the proposed project cannot commence and the City Council is precluded from considering any similar ordinance
for a period of one year from the date of the election.
Prepared by Charles Kilian, Cupertino City Attorney