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Lawsuit Complaint ** CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME! Downtown CASE NAME: DOROTHY STOW v, K1MBERL Y SMiTH, et aI, CIVIL CASE COVER SHEET Complex Cas~ Desisnatlon o UnUmlted' 0 Umited D' 0 (AmQunt (Amount CauntBr Joinder demanded demanded Is RI~d With first appearnnc:e lly defendant JtJOGl<! exceeds $25,000) lIi25,000orle$$) (CaLRulesofOourt,rufe1B11) C%'T:n,f. r: H n~ ~~7?:f Ilems 1-5 be/ow must be completed (See instrur;tlons on page 2)1\. ii",!\) Y W ~ Y ,.?- i -=.J 1. Check one boX' below for the cage .type that best descnbes this case: Auto Tort Contract o AUlo (22) 0 Srnach of COntractlwarl'3nty (0151 o Uninsured motori5t (46) 0 Collecllons (09) O!hST PUPDIWD (Personal InjurylPropert)l' D Insurance coverage (1 B) DamagalWrollQful Deathj Tort 0 Olh;!rcl1ntll'ct (J7) D A$beS!c$ (04) Roal Property o Produd.liability (24) 0 Eminentdomail1llnvenlll o Medl\llll melpRlctice (45) condl!mnQ~on (14) D Other PJ/PDIWD (23) DO Wrongful evIction (33) Non.PIJ?D/WD (Othar) Tort Other real proparty (28) o BLlEiriaas. Iol'!lul'\falr business practice (07) Unlawful Delainer o clvn rights (08) 0 Commercial (;31) o Datamalion (13) D Residential (32) o F",ud (16) 0 Drug>> (3B) o Inle"eclual property (15) JudicIal Review o Pnlfe55Ion;J1 nlilgllgonca (25) 0 Assetforfeituro (OS) o ~ non-PlJPOMlO tort (::15) 0 P'i!\llion~: arbitrMion award (' 1) i:Jnp/oyment [Z] Writ of miilndale (oa) D. Wrongful termination (36) D Om",r jw:HciaJ ~view (3111 D OIheremplcym~nt (15) 2. This case 0 Is [{] is not complex under rule 1 BOO of the California Rules of Court. If the ease is r:omplelC. mark the (adorn requiring exceptionaljUdicial managQment: \1. 0 La'9B number of separately mprasented parties d. D la'ge number of wnnesses b. 0 Extensive motion practice raising diflic:u/t or novel e. 0 Coordination with related actions penc;ling in one or more =urls issues that Will be time-consuming to resolve in other eounties, states, or countries. or In a federal court c, 0 SlJbstantia" amount of documentary evidence f. 0 Substantial pos~l.IC1gment JudIcial supervision 3. Type of remedies sought ~c:k a/I tIIBt apply): a. 0 monetary b, W nonmonetary; deolaratory or injunctive raITef c. 0 punifive 4. Number of caLl~Q$ of OIction ($pscIfy): 3 5. This case 0 is [ZJ is not a class action suit. a If there are any known related cases, file and serve a nofice of misled caB$. (You may use form OM-01.5,) Date: May 10, 2006 MARGUERTIE MARY LEONI (TYI>E; 01\ I>RlNT NAME) NOTICE . Plaintiff must file thIs cOver sheet wilh the firsl papedHed in the action or proce 9 (except small c:Iaims c:a or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 201,8,) Failure to file may resl,llt in sandirms, · File this cover sheet in addition to any l:X)ver sheet re<juired by local l:Ourt rule. . If this case is complex under rule 1500 at ae:q. ofth~ California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or procsedinlil. · Unless this is a complex caSe, this CtlVE!r sheet will be used for statistical purposes only. CIVIL CASE COVER SHEET ...................................._~ -~.. ,a;;.-;Jl1aJ ..." ~........&...ILJ........., I ...........l...(\,t-lnl..J1..:.tl.\r. I Ma~r16-06 01:20pm From-NMPMN MARIN 3 ~nORl'I4-V OR PARTY 1Mrn0VT A TIORNEY (1I1amo, SIO~ a.r nu,"b~ SM SdtJa",,), MaIgUcrib:MaryLeo"i, SBN 101696 . Nielsen Merksilmer Parrinello Mucll~ &. Nll}'lor, LLP 591 RedwoOd ffig:hWllY, #4000, Mill Valley, CA 94941 TELEFHONENO.: 415.389.6800 FAXNQ.: 415.388.6874 A'n"OANEl' POR (NlJrM): PetitionerlPlaintiff Dorothv Stow SUPERIOR COURT Of'" CALIFORNIA. COUNTY OF SANTA CLARA S'rRi:o:T ADDR= 191 N. First Street MAlLJN13 ADDRESS: ~~;d~t'~:~~f~::7\JsB C~~10ffUov. J""""'Y \. ~O'i l072!i606.tiH/16120061:30:IO PM Received May-16-06 04:43pm From-ONELEB51 ~~vvOOOO/~ ~g ~/O 4156346978 T-63Z nos F-m CM-O"lO . .: ; FDR CoVRT USE" ONU- I :/ ;'j _.-'.1. 0- ...- '__.....:.. :....k....~.1.j' ZDuo riP. Y I b p 3: l+ 8 ; ., '.:~~' \Y:',X :c~';;::~.g:;~0\~1}RT L;;____. UEiCr ClE::.~ r~l.-......i,.... ("__ J . 'Vl~~i 1\ D2K3J CAI;~ NIJMIlSR: Proylslonally Complox Civil LItigation (C<1I. Rule!;' of Court, rulli$ 18DG-181;!) o Antill'lJsvrr~de regulalfon (03) o Construc.tion defect (10) o Mas!; lort (40) o Sec\lritJ~$ liUgllUclO (28) D tnvlronmentalfToxlc lort (~O) o Insurance coverage c1aJms al'ising from lIle above Ilsled provlSJonaUy camplax case type3 (41) Enforcemonr of Judamllnt o Enforcement of jud\lfTlent (20) Miscellaneous Civil Complaint o RICO (Z7) o Other complaint (nr;lt sper;ifieri above) (42) Mbcoll<<naou:s Civil Petition o Ptll'l1'lBrshij) atld eOrpOl'll1s governalleg (21) o Other pe~~on (110t specIfIed above) (43) BY (li F7pa 1 ut 2 caL ,,,.... ,"coy" MS; "".8, 1800-1$1Z; Stomd;va::: at .JudJd;JI Admini.e:Lr:dOt1. ~ 18 w_._IIiIlfo,I>l,QoV Amanaan ~gall\"ol. JOe, \'IWW.USCtnJrll=armn,mm To-NMPMN MARIN 1 Page 04 May-) 6-06 a J : 21 pm F rom-NMPMN MAR I N 3 4156346978 T-632 P.OOS/041 F-237 2 NIELSEN~MERKSA.lv1ER, P ARRThTELLO, MUELL.t.R & NAYLOR, LLP MARGUERITE MARY LEONI, SBN #101696 CHRISTOPHER E. SKJNNELL, SBN #227093 SEAN P. WELCH SBN #227101 591 REDWOOD iliGHW A Y, #4000 MILL VALLEY, CA 94941 TELEPHONE (415) 389-6800 FAX (415) 388-6874 Attornevs for Petitioner/Plaintiff DOROTItY STOW \:'. _:~tJ. ~; .L.;o-' _./ ,!- "'~':""'-"':-;.i ;'-" I' .; .:__,f _~.._.1' 70Ch t':it1:'{ \ \J P 3: l+ 8 ~ " ; .. '.,:: .;: ;:::'_);~{I(~~,i :,,''': l"i':..:, 4 ~'i:4__-:--::-,,~-::,,-,,~-- 5 6 7 8 IN THE SUPERIOR COURT OF TEE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 9 10 'ij f'l;.. C \{ O,/' ~...' ?~' :{ """ v .lI"jI' . .,0 ..;.1' " .t.,.d 11 DOROTHY STOW. Case No, 12 Petitioner/Plaintiff, PE:TITION FOR ~EREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT v. 13 14 KIMBERL Y SMITH, City Clerk oftbe City of Cupertino; CITY COUNCIL OF TIffi CITY OFCUPERTINO;DOES~X Respondents/Defendan.ts. BVfAX lS 16 17 CALENDAR PREFERENCE REOUIRED BY STATUTE (ELEC. CODE ~ 13314(a)(3)) 18 FATTY eI-n & HELAM LUK 19 Real Parties in Interest, 20 21 22 INTRODUCTION 23 1. This is an action brought in the public interest to enforce mandatory 24 provisions of the California Elections Code. By this lawsuit, Petitioner seeks an order 2:S prohibiting the placement of a referendum petition on the CupertirJo municipal ballot 26 because it violates Elections Code sections 9011 and 9237.5. In these statutes the '1.7 . Legislature has mandated the inclusion of specific information on referendum petitions to 2& PETiTION FOR PEREMPTORYWRlT Of' MANDA'l"~AND COl\1PLAINT FOR PERMANENT lNroNCTION A1'<I"D DECLARAlOa. Y JUDGMENT 10725606.1if.o)16 61:30:10 PM Received May-16-06 04:43pm F rom-ONELE851 To-NMPMN MARIN 1 Page 06 inform potential signers about the nature and subject matter of the petition and enable 2 them to make an informed decision about whether to sign the petition or not. The 3 required information was not included on the referendum petition at issue, which was also 4 circulated in a manner that made it impossible for potential signers to learn for themselves 5 what the petition was all about. In addition, the referendum petition was circulated 6 together with a second referendum petition against an entirely unrelated ordinance, That 7 second petition was identical to the petition challenged in this case, except for the number 8 of the ordinance being referred, That second petition was also circulated without the 9 ordinance attached, making it virtually indistinguishable from the petition challenged in 10 this case, Pre-election invalidation is proper where, as here, the referendum petition is II facially defective because it does not include the descriptive information mandated by 12 statute, Pre-election invalidation is especially appropriate in this case because the 13 referendum was circulated in violation of the law and in manner that could mislead 14 SIgners, 15 PARTIES 16 2, Petitioner/plaintiffDOROTHY STOW is a resident, registered voter, and 17 taxpayer in the City of Cupertino, 18 3, Respondent/Defendant CITY CLERK is the duly appointed elections 19 officer of the City of Cupertino and in that capacity is responsible for the conduct of 20 Cupertino municipal elections, One of the ministerial duties imposed upon her by the 21 Elections Code is to review initiative, referendum and recall petitions submitted to her 22 office, and ascertain the petition's compliance with the Elections Code's requirements for 23 the format of such petitions, She has a ministerial duty under the Code to reject any 24 petition that does not comply with those formatting requirements, 25 4, Respondent/Defendant CITY COUNCIL is the legislative body of the City 26 of Cupertino, a municipal corporation, duly organized and existing under the laws of the 27 State of California located in the County of Santa Clara, Under the Elections Code, 28 Respondent CITY COUNCIL has ministerial obligations with respect to the processing of 2 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT referendum petitions including refusing to place facially defective petitions on the ballot. 2 5, Petitioner is unaware of the true names and capacities of 3 Respondents/Defendants DOES I through X, and sue such Respondents by fictitious 4 names, Petitioner is informed and believe, and based upon such information and belief 5 allege, that each of the fictitiously named Respondents is in some manner responsible for 6 the actions described in this Petition, When the true identities and capacities of these 7 Respondents have been determined, Petitioner will seek leave to amend this Petition and 8 Complaint to insert such identities and capacities, 9 6, Real Parties in Interest PATTY CHI and HELAM LUK are the proponents 10 of two referendum petitions, including the one challenged by this lawsuit. The referenda 11 seek to overturn Ordinance # 1977 and Ordinance # 1975 of the Cupertino City Council. 12 True and correct copies of the referendum petitions for Ordinances 1977 and 1975 are 13 attached hereto as Exhibit 1 and Exhibit 2, respectively, and incorporated herein by this 14 reference, 15 7. Real Parties circulated or caused to be circulated for signature in the City of 16 Cupertino the two referendum petitions against two separate and unrelated ordinances and 17 thereafter submitted the signed sections of the respective referendum petitions to the 18 Respondent CITY CLERK. The two petitions were circulated simultaneously by the 19 same circulators. 20 8, Upon receiving the petition sections, Petitioner is informed and believes, 21 and on that basis alleges, that Respondent CITY CLERK forwarded them to the Registrar 22 of Voters of the County of Santa Clara for review and verification of the number of valid 23 signatures appended thereto, Petitioner is further informed and believes, and on that basis 24 alleges, that on May 2, 2006, the Registrar of Voters informed Respondent CITY CLERK 25 there were sufficient valid signatures to qualify both referendum petitions for the ballot. 26 9, Petitioner is informed and believes, and on that basis alleges, that 27 Respondent CITY CLERK will certify the results of the signature-verification to 28 Respondent CITY COUNCIL at the Council's regularly-scheduled meeting on May 16, 3 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT 2006, Petitioner is also informed and believes, and on that basis alleges, that upon 2 receiving the CITY CLERK'S certification, Respondent CITY COUNCIL will consider 3 placing Ordinance #1977 on the ballot. For the reasons discussed below, the referendum 4 is not entitled to a place on that ballot. 5 GENERAL ALLEGATIONS 6 10, Ordinance #1977 of the Cupertino City Council, adopted at the Council's 7 March 21, 2006, meeting, would rezone a 32,58 gross acre parcel to Planned Residential 8 and Commercial, PeRes, Com), and Public Park, PR, in accordance with a project to build 9 380 residential units (300 market rate and 80 low income senior apartments), a 115,600 10 square foot commercial center, and a 3.5 acre public park, The parcel to be rezoned is 11 located north of Stevens Creek Boulevard and south ofl-280, and between Tantau 12 Avenue and Finch Avenue, The applicant is Toll Brothers, Inc, (For the sake of clarity, 13 all further references to Ordinance # 1977 herein will be to the "Toll Brothers 14 Ordinance,") 15 11, Ordinance # 1975 of the Cupertino City Council, adopted on March 22, 16 2006, would rezone a 5,19 parcel from Planned Development (Regional Shopping), to 17 Planned Development (Regional Shopping/Residential), The parcel to be rezoned is 18 located at.10123 N. Wolfe Road in Cupertino. The project applicant is Vallco. (To 19 distinguish from the Toll Brothers Ordinance, all further references to Ordinance # 1975 20 herein will be to the "Vall co Ordinance,") 21 12. The only difference between the referendum petition against the Toll 22 Brothers Ordinance and the referendum petition against Vallco Ordinance was a single 23 digit in the referred ordinance number. 24 Violation of Elections Code ~~ 9011 & 9237.5. 25 13, Section 9011 of the California Elections Code states in relevant part, 26 "Across the top of each page after the first page of every referendum petition or section of 27 a referendum petition, which is prepared and circulated, there shall be printed in 18-point 28 gothic type a short title, in 20 words or less, showing the nature of the petition and the 4 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT subject to which it relates." The purpose of this requirement is to provide potential 2 signers of the petition with sufficient, relevant information to enable them to make an 3 informed decision about whether or not to sign the petition, 4 14, Section 9237,5 makes this "short title" requirement applicable to municipal 5 referendum petitions like those at issue in this case, 6 15, The referendum petition seeking to overturn the Toll Brothers Ordinance 7 violated Sections 9011 and 9237,5, because it did not contain a "short title" as required by 8 those sections, (See Exhibit 1,) The referendum petition seeking to overturn the Vallco 9 Ordinance was also lacking a short title, (See Exhibit 2,) Failure to comply with this 10 requirement is grounds for the referendum's removal from the ballot. Because the face of II the petition is wholly devoid of any explanation of the nature or subject matter of the 12 ordinance at issue, referring solely to the number of the ordinance, there is no way for the 13 potential signers to know what the referendum petition is about. 14 16, In addition, because the text of Ordinance No, 1977 merely outlines certain 15 zoning classification changes and does not include a description of the actual 16 development project approved through the rezoning, the absence of a short title was even 17 more detrimental to the public's ability to understand the subject matter of the referendum 18 petition, Without being provided with the requisite short title, the public simply had no 19 way of knowing the nature, scope, or impact of the development project affected, 20 Violation of Elections Code ~ 9238. 21 17. Section 9238(b)(2) of the Elections Code requires that a referendum 22 petition contain "the text of the ordinance or the portion of the ordinance that is the 23 subject of the referendum," A petition may be circulated in sections, but all sections must 24 contain the text of the referred ordinance, The purpose of this requirement is to provide 25 relevant information to potential signers to enable them to make an informed decision 26 about whether or not to sign the referendum petition, Failure to comply with this 27 requirement is grounds for the referendum's removal from the ballot. 28 18, Sections of the referendum against the Toll Brothers Ordinance were 5 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT circulated without the text of the referred ordinance attached thereto. 2 19, Sections of the referendum against the Vallco Ordinance were circulated 3 without the text of the referred ordinance attached thereto, 4 Violation of Elections Code & 18601. 5 20, Petitioner was also intentionally prohibited from reading the entire text of 6 the petition when it was presented to her for signature. This denial violated Elections 7 Code section 18601 which protects the right of prospective signers to read a referendum 8 petition or measure. 9 21. The absence of the "short titles" from the petitions, in violation of Section 10 9011, the absence of the ordinance text from the petition, in violation of Section II 923 8(b )(2), and the refusal to allow potential signers read the petition, deprived petition 12 signers of vital information that would have allowed them to inform themselves about the 13 subject matter of the petition, to distinguish between the petition against the Toll Brothers 14 Ordinance and the petition against the Valleo Ordinance, and thereby, make an informed 15 decision about the nature of the petitions they were being asked to sign and whether to 16 sign one, both, or none of them, 17 22. Petitioner has no plain, speedy and adequate remedy in the ordinary course 18 oflaw, in that no damages or other legal remedy could compensate her for the harm that 19 she and the electors of the City of Cupertino will suffer if the referendum petition is 20 submitted to the voters in contravention of statutory requirements, 21 FIRST CAUSE OF ACTION 22 (For Petition for Writ of Mandate) 23 (Pursuant to Code of Civil Procedure & 1085 & Elections Code & 13314) 24 23, Petitioner realleges and incorporates herein by reference each and every 25 allegation contained in paragraphs 1 through 22, above, 26 24, Code of Civil Procedure ~ 1085 authorizes issuance of a writ of mandate to 27 compel the performance of a ministerial duty by government officials, providing: 28 6 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT 5 A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board, or person, 25, Likewise, Elections Code ~ 13314 provides in relevant part: 2 3 4 6 7 (a)(1) Any elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of any name on, or in the printing of, a ballot, sample ballot, voter pamphlet, or other official matter, or that any neglect of duty has occurred, or is about to occur.... (2) A peremptory writ of mandate shall issue only upon proof of both of the following: (A) that the error, omission, or neglect is in violation of this code or the Constitution, and (B) that issuance of the writ will not substantially interfere with the conduct of the election, (3) The action or appeal shall have priority over all other civil matters. 8 9 10 II 12 13 14 (Emphasis added,) 15 26. Respondents have a ministerial duty to refuse to process any referendum 16 petition for the ballot that fails to comply with statutory requirements, 17 27, The Toll Brothers Ordinance referendum petition fails to comply with the 18 statutory requirements governing the required format of such a petition; specifically, it 19 fails to comply with California Elections Code ~~ 9011,9237,5, and 9238, 20 28, If not otherwise directed by this Court's issuance of a writ of mandate, 21 Respondents will continue to take steps to process the referendum petition for inclusion 22 on the next regularly-scheduled municipal ballot or for a special election called prior 23 thereto, 24 29. The writ will not interfere with the conduct of the election. Petitioner is 25 informed and believes, and on that basis alleges, that the ballot materials for the 26 November, 2006 election will not be set for printing until September, 2006, at the earliest. 27 I II 28 III 7 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT SECOND CAUSE OF ACTION 2 (For Injunctive Relief) (Pursuant to Code of Civil Procedure ~ 526a) Petitioner realleges and incorporates herein by reference each and every 3 4 30, 5 allegation contained in paragraphs 1 through 29, above, 6 31. Petitioner has no plain, speedy, and adequate remedy at law, in that in the 7 absence of this Court's injunction, Respondents will continue to take steps to process the 8 referendum petition for the ballot. Such actions will violate the Elections Code and 9 constitute a waste of taxpayer funds. 10 32, Code of Civil Procedure ~ 526a authorizes issuance of an injunction to II prevent and restrain the illegal and/or wasteful expenditure of public funds. 12 THIRD CAUSE OF ACTION I3 (For Declaratory Relief) 14 (Pursuant to Code of Civil Procedure ~ 1060) 15 33, Petitioner realleges and incorporates herein by reference each and every 16 allegation contained in paragraphs 1 through 32, above, 17 34, A dispute has arisen between Petitioner, on the one hand, and Respondents, 18 on the other, Petitioner believes and contends, as set forth above, that the referendum 19 petition is unlawful and that Respondents cannot process the Toll Brothers Ordinance 20 referendum petition for the ballot. Petitioner is informed and believes, and on that basis 21 alleges, that Respondents believe they are required to take all the steps necessary to place 22 the referendum on the ballot unless ordered not to do so by this court, A judicial 23 declaration is therefore necessary and appropriate regarding the validity of the referendum 24 petition and Respondents' duties in regard thereto. 25 PRAYER FOR RELIEF 26 WHEREFORE, Petitioner respectfully prays for judgment as follows: 27 1. On the First Cause of Action, that this Court issue its alternative writ of 28 mandate commanding Respondents and all persons acting pursuant to their direction and 8 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT control either (a) to take no further steps to process the referendum petition against the 2 Toll Brothers Ordinance (Ordinance #1977) for the next Cupertino municipal ballot, or 3 special election called prior thereto, and instead to remove the referendum from the ballot 4 or (b) in the alternative, to show cause why they have not done so, 5 2. On the First Cause of Action, that this Court issue its peremptory writ of 6 mandate commanding Respondents and all persons acting pursuant to their direction and 7 control to take no further steps to process the referendum against the Toll Brothers 8 Ordinance (Ordinance #1977) for the next Cupertino municipal ballot or special election 9 called prior thereto and/or to remove the referendum from the ballot, 10 3, On the Second Cause of Action, that this Court issue a permanent II injunction mandating Respondents and all persons acting pursuant to their direction and 12 control to take no further steps to process the referendum against the Toll Brothers 13 Ordinance (Ordinance #J 977) for the next Cupertino municipal ballot or special election 14 called prior thereto and/or to remove the referendum from the ballot. 15 4. On the Third Cause of Action, that this Court issue its judgment declaring 16 that Respondents' steps to process the referendum petition and put the referendum on the 17 ballot are unlawful and that the referendum is of no force or effect. 18 5, On each and every cause of action, that this Court grant such other, 19 different or further relief as the Court may deem just and proper, including costs of suit. 20 21 Dated: May Ib, 2006 NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NA YLOR, LLP 22 23 24 By} Mar rite Mary Leoni Ch ' topher E, Skinnell Sean p, Welch Attorneys for Petitioner/Plaintiff DOROTHY STOW 25 26 27 28 9 PETITION FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT INJUNCTION AND DECLARA TORY JUDGMENT VERIFICA TION 2 3 I am a petitioner in the above-titled matter. I have read the foregoing PETITION 4 FOR PEREMPTORY WRIT OF MANDATE AND COMPLAINT FOR PERMANENT 5 INJUNCTION AND DECLARATORY JUDGMENT, I know the factual contents 6 thereof, and the same is true of my own knowledge~ except as to matters therein stated on 7 information and belief, and as to those matters, I believe it to be true. s I declare under penalty of perjury under the laws of the State of Cali fomi a that the 9 foregoing is true and correct. II Executed on May ~, 2006, at c:.~ ' California. ~~~ DOROT TOW 10 12 13 14 15 16 17 18 19 \/ \ 20 21 22 23 24 25 26 27 28 10 PETIT[O~ FOR PEREMPTORY WRIT OF MANDATE AND COMPLAI}.iT FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL ORDINANCE #1977 NOTICE TO THE PUBLIC: . 0 [E ~ [E ~ 'IJJ [E I~n THIS PETITION MAY BE CIRCULATED BY APAID SIGNATURE GAT. OR A VOLUN. TEER}' \)1 YOU HAVE THE RIGHT TO ASK. . I APR 1 9 2006 .~ THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN' AL ICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR, COMPLAINTS OU UR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFl ICUPERTINO CITY CLERK - To the Honorable City Council of the City of CUpertino" . .... We, the undersigned, registered, qualified voters of California, residents of the City of Cupertino hereby protest the adoption of Ordinance #1977 and petition. the City Council to either rescind its approval of said: . ordinance or submit the same to the voters of Cupertino for their adoption or rejection at the next succeeding regularly scheduled municipal election. The full text of said Ordinance # 1977 is attached to' .this petition, - No. Date PRINT name as registered on top lme,' Signature as registered on bottom line 'Print Residence Address . City on bottom line .... ... ..--=..~~~........ L,~~~pC~~~:~.: . . 4. .,.".""'....-!'""'.~.,..._'_'__..._,.....-'-"....~7"~''"'":'~.,.. 1. I I L/06 _',... ._~.. ."~,,.. ..","....., ........" ,. j'~ .~.,.,.. -:~..'_.,.....~ ....~.:.-. ......,'~ ,.., "" ..... .,~. .:.. ! i ". 3. /'6/06 - . \' . I , I 2. l8/06- , ",.: .)<.. , ,I ,~ 6, ,"", R.~dt1 c\e .d:. ,'" ......,,:;,,' .........:....,...,.. '.... ..':~.:.l.:y . ((. . 4. ! /f/06 -,~.-::, 7. / /06 -~..i>~~____._...._.... - --,:~._,......~-. ".:... '. ,." - " '., . ,,~.:,:~;-~~?~:;"7:::~- .:.: -,. --, --". :,.: ::"'"".; . c.O~--_.':'...":'i. . ','c,' "'..r f. ~' "i "5. , Fc:~~, _ ..-::--.-.. ....-.. .'.- -'_.:-....~-~. .c, ......-:r_.._:~~"_~__~ .._..~--,.~.~...."......_.--.",_.;-,._.,...... 8 . tv /06 -;-~":';'~., .. /0 ~ ':',,';;;..:'-< i......,'.. .. I !. . ,.. .-.~..o.'",,~: :.~""',.,~......,,...;..-.r<...<L..,,~~-"~_~ 1 0 +/ ~06 _:,~ c~ EXHIBIT -L- P,~ -L of o Pages ~' REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL ORDINANCE #1977 No. Date PRINT name as registered on top line~ Signature as r~gis.:ter~ on bottom line . Print Residence Address City on bottom'line For derk:s use oiliy 11 / 106 ~ 12 / / Of .- . I . . r .-.... I -'; . f'. . :... 13 1?f/06 i '. .,'::. -.' r ,~~~-_.....,_...,-.,.....;~~4~~;';":-.-:""'_.'~'._........_,~_r...._',.;....'---------~....."~'--"-""'_."""-_.""'''''''.'-~'''''''~'-'~:'''''',:~,.. ..., .i;.'- ':',':j',,;:, .~~~~~}~:_\:..-. '.: A / /06' 1 / /06 ....::..:.:.-.,--_:~ ". ".'./ 16 / 106 ,:! t.! """T"--.o.-._. . .._,"""=~ ---"---. . -, . If. .',.,. .,...-::-..__.~.-. I . ti 17 / /06 ~ 18 / /06./ i .j "n"... _'.'.~ I 191' W.06._._____________n "-' DECLARATION OF CIRCULATOR~.".---..._'-~-"'.~. '~_..,L..:",--... 20 / /06, ..-~~..~.~"~I.Il~.j~~,,,..,~_Il.l/~..._,_lA_.....~,,~i I, _ , a registered and qualified voter in the City of CupertulO, circulated this petition secdo; All of the signatures on this section of the petition were made in my presence and, 't~' the" best of my knowledge and belief, each signature is the genuine signature of the person whose name it pllI}1orts to be. My residential address is _.--' . ' Cupertino; California. All signatures on this petition section were obtained between . . _, 2006 and .-' 2006. I certify under penalty of perjury untier the laws of the' State of California that the foregoing is true and correct. Executed at Cupertino, California on _ ", _.2006. . I (full sign~e €J{~i~..dl~tolrr EXH I B IT -'-- Page ~ of ~ 0 Pages , ORDINANCE NO. 1977 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 (fOLL BROTHERS) WHEREAS, an application was received by the City (Application no. 2-2005-04) for the rezoning of a property to Planned Resident~al and Commercial, peRES, 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 Plarming 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 Conunercial, peRES, 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 ofthe City of Cupertino the 7tl1 day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 21st day of M~ch, 2006, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Mahoney, Sandoval K wok, Wang None None A TIEST: APPROVED: /s/ Kimberly Smith /s/ Richard Lowenthal City Clerk THIS IS TO CERTlFY TriAT THE WI11ilN - INSTRUMENT IS A TRUE AND CORRECT ~. . OF TriE ORIGINAL ON .FILE IN TInS OFA yor, CIty of Cupertmo ATTEST fY\aJl~h .~:t. ~ 20J&. CITY CLERK OF TriE prr! F CU~ERTJNO BY ~( CITY CLERK EXHIBIT / Page ~ of .:lD Paaes ---- "'.At" - 4,.~ C ~.95.00'4 - 0 - ~"":r~. '" ~..A . ~. -T~ L~.s:>~ ~/I_ ~. ""-4 y I . I i\ ~, I ... ~ KM"'.... ,.. -<s' I --~ LOT 1 2.45 NET AC 321 GROSS AC ~ ~ REZONE FROM: P(CG, 0, ML. HOTEL). MIXED USE PlANNED DEVELOPMENT TO: P, RESIDENTIAL/COMMERCIAL -- -- $89"31'#" J7/.str ~ ~ ~ ~ ~ ~I ~ I LOT2 " L S89:J6rxnY S22.J-I' STEVENS CREEK BOULEVARD Bkl 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE. CA 95131 4-08-4-67-9100 4-08-4-67-9199 (FAX) , '-n:.uod "u.BI R-2.5.00' t:. =90TJ6.,tr L=..!9..J1' ~I ~ " I.~~~ ff /1' .f!J / Cb ;' I ,~ ~l!.. ~~ ~ ~ I .... l'f 1 " I " . . ~ /1 ~ .~ / .!'.; ~ (/ ,<3 ~I lIj ~ ~ I 1 I~ lGj ::s; ~ ~ ~ LL: ... a, ~ 12t: I:) I~ ~ LOT3 ~ ~I .... ~I ~ ~ RECEI\1EDj MAR 1 4 2006 BY: H==25.00' t:. -270T71 '51. L=117.82' sag"J1',uiY 3< SCALE l' = 100' Subject CALABAZAS PLACE ZON I NG PLAT MAP - LOT 1 Job No. 20056051 Rv RO Date 03/08/06 Chkd.JM EXH I B IT -'- SHEET 1 OF 6 Page 3- of ~o Pages ...8'......k:.. f .'-'- : ENGII:iEaS/.SiJivgaiS;J~lAIDftitS March 8, 2006 BKFNo.20056051-10 Page 1 of 2 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, describe'd 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 corner of said Parcel B, said point also being the beginning of a non tangent curve, concave to the south, having a radil.ls 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 V alle o. Parkway 110.00 feet in width, as showu 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 sa,jd curve through a central. angle of 90000'00" and arc length of 47,12 feet to a point on the epsterly 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. EXHIBIT -'-- Page ~ of t9..D Pages Page 2 of 2 Lot 1 contains an area of 106,696 square feet (2.45 acres) more or less. K:\ENG05\056051\DWG\EXHIB ITS\Legal DescriptioDs\LotI.doc EXH I B IT / Page -.ftL of P? D Pages .-'B:'k.' .,..-.".:.... March 8,2006 BKF No. 20056051-10 Page 1 of 1 EN.GIIt~ tSUiVEYOI!S] ~ EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 2 All that certain rea~ 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, des~bed as follows: BEGINNING at the most southwesterly comer of said Parcel B; said point also being the southerly tenninus of the course "North 00024'00''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) courses: 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 888.0D 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 s:'lid Par~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. EXHIBIT --L- p~e 7 of o Pages Subject CALABAZAS PLACE ZONING PLAT MAP - LOT 2 Job No, 20056051 By RO Date 03/08/06 Chkd,JM EXH I B IT ---L- SHEET 2 OF 6 p~e --8- of o Pages VALLCO PARKWA Y r- ~.95. 00' - 4....,,8. ~. <-<.5>s -..; .0<, /, -"'-49 .~o' o o ..... II . . ..... . I ~ ~ ") ... ~ ~ ... :-. 'a .... ~I ~~-1~~ LOTI - N89"JT'#T .J71.S;:- - LOT2 . ~ ..; ~ ... . ~ ~I !q I ~, ~ I .<1 ~ ~ :s; ~ -q: l ~ ~ " I 1 ~I ~ ~ E ~I ~ I 3.50 NET AC I~ 4.28 G10SS AC ~ ~ ~ 11<& REZONE ~ FROM: p(CG. O. ML, HOTEl), MIXED USE '. 1 ~ PlANNED DE:VELOPMENT ~ TO: PR, PUBUC PARK OR RECREA 710NAL H=25. oa' C. =90"06"0. !=J!1...J7' I I STEVE-';; ~;;;;:~LEV ARC!... ~ Bkf 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467 -9100 408-467-9199 (FAX) Ell 1 1S..~isa IP~ H=Jaoo' ~=907XJ'OO. !=47.12' R=Ja.oo' A -SOW'OO. !=47.12' / I. Ji ;" ,::; .~ /lj I'~ ~ l l / / ~~ ,I.... i .... .f:? ~I ~ ~I ~-ql ~ I\; / I LOT3 ~ ~I ~I :-. ~ ~ H=25.00' ~=2701)1"5F. !=117.82' S8$"J1'#if SCALE l' = 100' i~B'-k. "f'. ::1\; i'.,.. .. March 8, 2006 . BKF No. 20056051-10 Page 1 of2 ::.....G1:NE!:R;Si SlfR\I'E.YORS, PLAlm:ER5 EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 3 All that certain real property situate in the City of Cupertino, County 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 tbe course "South 00030' 1 0" 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: 1) North 00030' 1 0' West 201.07 feet to the beginning of a 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 feet to 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 Valleo 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 of 705,00 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 Valleo 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 of2000.00 feet, from said point a radial line bears South 01014'38" East; EXHIBIT I Page -L of ;{ D Pages "'\-~~ 0.,;:>_ .....- ........ I~?'b ~, ." ./\"0 1'~i/ ~, (/ ........ -Y~ .... ~ >,...":'-" "Y '-"'..>.. .... ~<<C'. , "'':;,q.~LOT 5 ~,..~~~........ ,~ ~ ~~ -?""tS1 ~..>. 1..- ~~Oo::--- o. ~ 4v- r ~"J~ ~ '<;3:>-- ~6".?' ~ ~I ill ~ R-25.00' t::. =8!l'SS'06- "\.. L~J9.26' I .Iv . n"J.~ . r \l' .Ill / S I f1 ..... ,~ I .~ I~ ~ I l/It' ! 1 , I I~ ,~ ' ~ IllC ~ ~ ~ - "" ,<;:; j~ l~ Ie:) ...- I~ ~ ......... - ~....." ~l:)s ,'b- 4+" ~"Ji ~~- L ~S1l'...?r ..... j . - LOT3 I II! hf ~ !'i ~ I~ I o o ... II , - J!!II j 8.37 NET AC 10,68 G=iOSS AC REZONE FROM: p(CG, 0, ML. H07EL). MIXED USE PLANNED DEVELOPMENT TO: P, RfSlDENTlAL/COMMERClAL -- S89"S1'#;r .36.J.80' L ""r .f$.29' 1 ~OO'A~7f'2r ] STEVENS CREEK BOULEVARD L =f 73.26' /P<200o.00' t::.~'5749. SCALE l' = 100' Bkf 981 RIDDER PARK DRIVE Sub j ect CALABAZAS PLACE SUITE 100 ZONl NG PLAT MAP - LOT 3 SAN JOSE. CA 95131 J b N 20056051 4-08-467 -91 00 0 0 . 4-08-467-9199 (FA)" By RO Dot e 03/08/06 Chkd, JM EXHIBIT --L- SHEET 3 OF 6 Page 12- of ,:<0 Pages a..- u./ s..~11III4 r~ ~Bkf &lGUJEUSI.SiIl~VEiO~J~u.xllas March 8,2006 BKFNo, 20056051-10 Page 1 of 2 . EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PlJRPOSES 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, fiJed August 3, 1987 in Book 576 of Maps at Pages 31 and 32, Records of Santa Clara County, more patiicularly 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 705.00 feet, from said point a radial line bears North 11005'30" 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 215.03 feet to the beginning of a curve to the right, having a radius of 25.00 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 50.00 feet; EXHIBIT / Pa9.e ~ of ;1.0 Pages 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) courses: 1) 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. K:\EN G{)5\056051 \DWG\EXHIBITS\Legal Descriptions\Lot3 .doc EXHIBIT I Page I,J" of ,Ao Pages ,:0 . . ~"'.I>,' ,-! .,fI ,~1/ ,~)- ;y ~ >-,............. ......>-~......... ""'>0 .oS'.;... 'b. ~ -f'_.>- .......... OS' ,-00- <l....~ ~::.r.9.__ . ~-L ~S~..?r - LOT 3 L =1 7.3.26' 1(=,2000.00' 6.=O4'57'49~ EI o o .... II ~ .... I. % \& ~ ~ ~ \~ \ LOT5 NOO'2e-161r 1-1..00' H=2S.00' .6. =90TJO'OO. L=J9.27 '" -f'~ _ .9~ 00' -=---- ~.ov-,,~ <'"?J"J!r - L -=;.fJ1( ;;. S89'31'#'" 27.5.Of - - VALLeD PARKWA Y N8!rJ7;:tT "":'5. Of H=25.00' .6. =90'00'00' L.=J9.27 LOT4 I I~ ~ -..: ... ...J ~ ~ l>i I~ I I. I~ ~ ~ '0 ~ REZONE ~ FROM: P(CG, 0, ML, HOTEL), MIXED USE Iii) PLANNED DEYELOPMENT TO: P, RESIDEN71AL/COMMERQAL . 1 3.08 NET AC 4.51 aiOSS AC L =1./6.29' R=2000.00' .6.;;0.,.., 1 "27- 0L=26.97 . .6...00".39'29- R=23#1.60' H=5aoo' .6. =90'00'00. L.=7l1.~' I I J 7".5'8931"#'" 3O.f..;7 - STEVENS CREEK BOULEVARD BkF /~J-' /Pu.=a ~ ~ ::::.; 'q: ~ ~ C!: ~ SCALE l' = 100' 981 RIDDER PARK DRNE Sub j ed CALABAZAS PLACE SUITE 100 ZONING PLAT MAP - LOT 4 SAN JOSE, CA 95131 Job No. 20056051 408-467 -9100 4-08-467-9199 (FAX) By RO Date 03/08/06 Chkd,JM EXH I B IT -L- SHEET 4 OF 6 Page n.- of ;JJJ Pages Page 2 of1 Thence southwesferly along said curve through a central angle of 90000'00" and an are length of 78.54 feet to the point of BEGINNING. Lot 4 contains an area of 134,234 square feet (3.08 acres) more or less. K:\EN 005\056051 \DW G\EXHIB ITS\Le gal Descriptions\Lot4. doc EXH I B IT ....L- Page / Lf of ~ Pages ~BkJ March 8, 2006- BKF No. 20056051-10 :page 1 of 2 fNGIHEaSt SURVEY<les~~ EXHIBIT "A" LEGAL DESCRIPTION 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 P~ges 12 and 13, Records of Santa Clara County, more particularly described as follows: BEGINNING at a point on the northerly line of Valleo Parkway, being 110.00 feet in width, said point being at the easterly terminus 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 89031'44" 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 32056'1l''East 224,37 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 5r25' 1 T'East 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 74057'49"East 104.77 feet; EXH I BIT ...L- Page /~ of ;(.0 Pages v~ ~ ~~o ~~ " ~~-'b.,:o_ ~~...ct ~~ ~~ ~q>.,:oO'_ ~~~ "-,,- ~~ 7 o o ... II ~ ... ~ / / / 'o~ .",7 !~ LOT6 ... j a I:l\ ..... "" Qo ~ :-, 4 // , /.,,:...'" I nJf ~r LOTS 5.84 NET AC 7.11 GROSS AC R=6a 00' t:. =02"Jl'S9' 1.=26..5J' REZONE FROM: P(MP), PlANNED INDUSTRIAL ZONE TO: P. RESIDENTIAL/COMMERCIAL "" ~,..~ .....>-~, "'~.p.>- -- S89'J1'#1Y 21S.of SCALE l' "- y. "- >",.j......... "4~ ..........~ <" ~..;> '-'0 ">0- .b ~~~ ~r -- S(}():lS'16T 14.00' Jr-.25.oo' D. =90TX/'OO' 1.=J!L27 "' -?~ ...... S>s.oo'~ 4'V",,~ '<''7.:r,J;. - ;9 l~ == ~tSr ---- ....... '-. ~-?-?'o :5."00- 4~.? ,.. I~ " I~ " ~~ ~ ~ .<J I~ g l~ \ \. ~\ \~ \ , \ \ \ = 100' Bkl 981 RIDDER PARK ORNE SUITE 1 00 SAN JOSE, CA 95131 4-08-467 -9100 4-08-467-9199 Subject CALABAZAS PLACE ZONING PLAT MAP - LOT 5 Job No, 20056051 By RO Date 03/08/06 Chkd,JM SHEET 5 OF 6 EM · /1lo.1".--i IP~ (F:EXHIBIT 1- Page ~ of ;(.0 Pages Page 2 of2 6) North 44029' 36''East 42.96 feet; 7) North 82058'21"East 49.67 feet; 8) South 050571Q8"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 radial line 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 cu~e 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:\ENG05\056051\DWG\EXHIBITS\Legal DescnptioDs\LotS.doc EXH r B rT I Page h-ot .;{O Pages .... j V"~ ~A ~~ ~ O~".. / ..... ~~ . 'i'~ ~~ / ~~- ". ~ ~ ~- ~~ I ~~ ~~ ~ ~~~- ~~. ; LOT 6 ',~~ /1 2.13 NET A C ~'t 2.30 moss AC I" REZONE ~.OM: P(MP). P~NNED INDUSTR1~ .ZONE . P CQQS I Com) I ~tS'dz-Y\tioo.€/ C cYYlrrUVC io..{ I~ ~ I~ I; ~ I ~ ~ I ,~ ~ I~ o o ..... II .. ...... 4 \Ir I.~f "- /~" . l ~ 1>1 ~ l:Io ~ - ~ ~. J. '\~. ?' .'v ..,'b ,~1/ tI} o' <: ~:r-' ~~...... ?..>. l:? .9.;... SBJ'32'5!J~ 5U,f LOTS \ \. \~ ~ ~ . \~ \ '" ~ 4~< <='0 ~";>..>o- .,0 ~ ~4-~ ~r ....... -f>""t:5'; ....... :s>.s: 00' -=---- ~<~ '7.rS$_ - L ~.H:;;' NOO'28'1trw U..tXJ' 1r.-25..00' A=90W'oo" > l.-J9.2:T S89::JT'#ir 215..o.r ....... ....... ~-f>",,:>- "-':00- 4~<, . SCALE l' = 100' -Ill 981 RIDDm PARI< DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Su b j e ct CALABAZAS PLACE ZONING PLAT MAP - LOT 6 Job No. 20056051 Bv RO Date 03/08/06 Chkd.JM EXHIBIT..i.- SHEET 6 OF 6 p.:ze LL. of o Pages -1J8a.cl_IP~ " B.k 1':- ::. . _,.>f March 08, 2006 BKF No. 20056051-10 Page 1 of 2 ENGlHEaS/SURVEl.atS1.;:P~ 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 partjcul~ly described as follows: BEGlt~-rn-~G at a point at L~e most northwesterly corner 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; EXHIBIT -L p~e /9 of '0 Pages 7) North 56052'23" West 50.87 feet; 8) South 32033'14" West 114.82 feet; 9) North 57025-'-17" West 54.57 feet to ~ point on the westerly line of said Parcel 3; Thence North 32056'11" East 375.75 feet to the point of BEGINNING. Lot 6 contains an area of 92,795 square feet (2.13 acres) More or less. , ..,. K:\ENG05\05 6051 \DWG\EXHlB ITS\Legal Descriptions\Lot6.doc EXHIBIT -'- Page d12- of c?lD Pages Page 2 of 2 REFERENDUM AGAINST AN ORDINANCE PASSED BY TO 1:l'l'V'tlD1JW~fi: D ORDINANCE #1975 I~ [:\..:,., 1:: rve NOTICE TO THE PUBLIC: APR 1 9 2006 TIllS PETITION MAYBE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. yOU HAVE THE RlGHT TO ASK. CITY OF CUPERTINO THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICA nON OF TIllS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT TIIE :MlSUSE OF YOUR SIGNA11JRE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. To the Honorable City Council of the City of Cupertino We, the undersigned, registered, qualified voters of Cali fomi a, residents of the City of Cupertino hereby protest the adoption of Ordinance # 1975 and petition the City Council to either rescind its approval of said ordinance or submit the same to the voters of Cupertino for their adoption or rejection at the next succeeding regularly scheduled municipal election. The full text of said Ordinance # 1975 is attached to this petition_ No. Date PRINT name as registered on top line, Signature as registered on bottom line Print Residence Address City on bottom line For clerk's use only t.... _. ". .~..,.r, ", "'~';::I'j;. ~. ,:-,y" ". . .,....~,.. .:-,. '.... I. i///f>/06 ~:~CL',- -.. . ~- ._,~l::-::~,; ",:;:.".;-",.._,",".., ,~, I! . !I 2. .:; /11/06 j .::....... 3. '1/11/06 ' 5. tM106 :\. . . , - . .. .M.'. . .... . .fQ.~'-- m_.'.~~~.:"'.:.....'{4~:~~'.'~~~C.,;.w~.L, .-."e~ ..."." ......J:......'.. .~,;,~:;f.'.':,:.. . ..". . ~.; . . . . .. . . . ",' ":"," . ".. -', ..;. ": ". "," .;,;",. . ~', . ." . ." . .." . ... ..~.!~.,';_.::,.,\,..::.~..::l_..._ ';', . L.__:: ;.. ,";. 4. / "/06~; ..,I', ",!:, '..';... .. .... - . --- '-'-o--~-:~.~~::::'!'.,,:.,:,.,.i. -t~.-:--:---.:. ;--'~. - .:~~~.-:~"".:.' : . . . -:'"'" :.",-,'; '. ,.' ~" ',~" . _.,-=--~~ .':;"~\r.!~;'~;;"~:~" .. .-. . 6. ft':H06 -~ 7. t//1~/06 .t._- ~_...._.__.. ~. _ ,__'_"'_'_'~""";~_"".'''_''''::~'P'__.:~\"._ ._ -.:-.. ........... -". ._, ...;~. .".... .; p',', . ~... ' ....~-,..,,-................,.;.....;... .' __~"~,.,...........,..._~......"......~........,,..,..............-.--....._____...,.__.__,b"'''''''_''''' _~,_,..--:,......~'''''",;, ...,.._..;., -..~\-'. 8. IItl06 ._';' . 9. iflltf/06--~ ...~\,....__.__._ ..__.........'__..-.l__,..._.,_......._;:::-.M.,.......-.......~.;..-'--._..--'.., _"'''',--' ..o...-".._....~.._ .. ,. .. .... 10 */1'1/06 ... EXHIBIT .1.- Page .-L- of ~ Pages : 'I REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL ORDINANCE #1975 ,. ; No. Date PRINT na Signature a (' 11 4111,/06 -.. " 12 f4//6'06 --- I 13 / /06 --- .......~.....,._....-.-.. '-'-'-- 14 / /06 --_. 15 / /06 - --. 16 / /06 ---- 17 / /06 ---- 18 / /06 ---- 19 / /06 --- .. 20 / /06 -....- . ..._....'_....'_1...,-'.".. ered on top line, I Print Residence Address I For clerk's .. ... eel OILhQttomJinp ~C'3bz_~-~I--~ .. ----'" - Illy _. -... ...._.' ~".-._. .. - . .. ... H ---". ... .. . -.-----~....- . -- ... .... e--- \ . p"- .- -= -- 1 .C"I::.o., . .. ! I i i 1 ) I ! I I ! ; t - ... .-.- ..- - .. .. ----. . ... .--- .. -.---, t -_._----=-,. ... .......-... ..,...."...,,...,-......-.,--,.,... i I j I 0"-_" _ __n -... .. .. me as regist s !"~_g!s!~I-- DECLARATION OF CIRCULATOR . I, ... . a registered and qualified voter in the City of Cupertino, circulated this petition section. All of the signatures on this section of the petition were made in my presence and, to the best of my knowledge and belief, each signat).Jre is the genuine ~ignature of the person whose name it purports to be_ My residential address is ,. . Cupertino, California. All signatures on this petition section were obiai~tbetween ~ /10 , 2006 and L.J 1/7 2006. I certify under penalty of peIjury under the laws of the State of California that the foregoing is true and correct. Executed at Cupertino, California on ~ /7 , 2906. -C' -- ,'-'- (full SIgnature of circulator) EXHIBIT ..d- Page A- of Lf Pages ORDINANCE NO. 1975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RE-ZONING OF A 5.19 ACRE PARCEL FROM PLANNED DEVELOPMENT (REGIONAL SHOPPING) TO PLANNED DEVELOPMENT (REGIONAL SHOPPINGIRESIDENTIAL) AT 10123 N. WOLFE ROAD (VALLCO) WHEREAS, an application was received by the City (Application no. Z-2005-05) for the re-zoning of a property to Planned Development (Regional ShoppingIResidential); and WHEREAS, the re-zoning is 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 to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the 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 re-zoned to Planned Development (Regional Shopping/Residential); and that Exhibit A attached hereto is made part of the 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 Co:uncil of the City of Cupertino the 31 st day of January, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 22nd day of March, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Mahoney, Sandoval Kwok, Wang None None A TIEST: APPROVED: Isl Kimberly Smith Is! Richard Lowenthal City Clerk Mayor, City of Cupertino THIS IS TO-CiRT1FY THAT THE WITHIN INSTRUMENT IS:A.ffil;JE.AN01;ORRECT COpy OF THE 0RfGINAL ON FILE IN THIS OFFICE ATTEST !f\JJ{"~.23 , 20.QL.. CITY CLERK OF THE ~CUPERTINO BY 61",. $C:. 1H.-L. flu I. t- CITY ~I FAK y 11)../"1 EXHIBIT ~ Page 2- of '1 Pages Ordinance No. 1975 2 EXHIBIT A RE-ZONE 5.19 ACRES FROM: PLANNED DEVELOPMENT (REGIONAL SHOPPING) TO: PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL) lllIAIlEllRM ..OIiWlOf.A~ I ~u~cet~q](1 \~ afJd~D~~~ _ - ~ j . ~ --J t{. . :7 I /~ . ~, /, ?~~: - /" ..... - - "\ WlXFE ROAD Eaa:r~.. '- EB CONDOMINIUMS AT VALLCO OlPSmNO, CAUFORNIA Zoning Plat Map ~ -R.~ --- - ..-- - ---. - ~ ~,_""'''''A ___ A,ac..,rICII - ~~-=- - Perkowllz + Ruth # . t .., , I , , I ______~__..o_ ...........-.....u ....___--._ ..r.........,.....1C IWII.-.hllll."'- EXHIBIT .2- Page !L- of 'i Pages