98-015 2-DA-97 Development Agreement, O'Brien GroupORDINANCE NO. 1773
r
A �T ' RDIN NC THE CITY COUNCIL Off' THE CITY CUPERTIN
APPROVING APPLICATION 2-DA-97, VELOP E T AGREEMENT
NT
BETWEEN THE CITY OF CUPERTMO AND H ' RI N GROUP
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Application No. - IAA -97, Development Agreement between the City of Cupertino and The O'Brien
Group, attached hereto and make part hereof by reference, be approved per the following findings:
1. Said Development .Agreement is hereby found to e consistent with the City of Cupertino General
Plan.
2. In accordance with Chapter 20.24.030 of the Cupertino Municipal Code, said Development
Agreement is hereby found to be compatible with the use authorized in and the regulations
prescribed for the Planned Development zoning district in which the real propel is located.
. The Development Agreement is in conformity with, and will promote the public convenience,
general welfare and good land use practice.
4. The Development Agreement will not be detrimental to the health, safety and general welfare.
5. 'The Development Agreement will not adversely affect the orderly development of the property or
the preservation of property.
6. The Development Agreement will promote and encourage the development of the proposed project
by providing a greater degree of requisite certainty of the entitlements secured thereunder.
7. The project was subject to an Initial Study as rewired under the California Environmental Quality
Act and was found to have no significant impacts upon the environment.
8. After careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Development Agreement is hereby approved; and
9. The su conclusions upon which the findings specified in this resolution are contained in the Public
Hearing record concerning Application loo. 2-DA-97, as set forth in the minutes of the Planning
Concession Meeting of July 2, 1997, and are incorporated by reference as though fully set forth
rm.
THE CI'T'Y COUNCIL FUR'T'HER ORDAINS THAT per Chapter 20.36 of the Cupertino
Municipal Code, the Agreement shall be reviewed annually by the Director of Community
Development.
1NTRODUCED at a regular meeting of the City Council of the City of Cupertino this I st day of
December,, 1997, and ENACTED at a regular meeting of the City Council of the City of Cupertino this
� day of January, 1998, by the following vote:
Ordinance loo. 1773
Page 2
Vote Members of the City Council
AYES: Burnett, James, Statt n, Chang
NOES: Dean
ABSENT: lone
ABSTAIN: lone
ATTEST:
City Clerk
APPROVED:
or, City of Cuertl,
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF CUP R IN
AND
THE OTPIEN GROUP
TABLE OF CONTENTS
Page(s)
•
•
i
Development Of The Property ■ a ■ a ■ # rt . . ■ ■ ■ rt . . . ■ . a ■ . . rt . . . rt . a ■ r . . . ■ a 6
1.1 D Y \rl m nt Plan ■ s ■ s ■ r ♦ • • ♦ ■ s ■ ■ • ■ s r • # • rt • r • • • ■
6
• • V s ■ a • ■ e r ■
s
1.2 Present Right to Develop . e ■ . . a rt . a a ■ . rt . a . a a rt a a . rt . . a
rt . a . a a r .
1.3 Building Pen-nit Approvals . a ■ • # ■ . s . ■ • a ■ ■ a ■ • . ■ ■ • • s ■ r
.
• • . ■ a r r r
• I
1.4 Cooperation i t inin Allocation of Utilities . a r r . . r a ... a .. ...
2.
Effect `-F Agreement . r • ■ . . a ■ r • r r • • • ■ . . ■ • • ■ a • • r F • a r r • . s r •
• . ■ • r ♦ .
2.1 Supersedure by Subsequent State Federal Laws or Regulations • • a
F
r 8
2.2 Future Exercise Discretion Citfir• ■ar•. ■s■r.■,s•• too rr.•••r
3.
n+k t ■ • • . . s i • r . . . . • . . i • r • • s • a a • ♦ • a � • ■ ■ ■ r F + ■ ■ s • ■ • ■ r • • s s a r r • r s
a 9
4.
Development Fees, Assessments, eats, Exactions, and Dedications . ... r r .. a . r r
I
5.
Standard e ie Minist l m -iits ra.,...r.....r...r.a.....a
jo
6.
Park Fees .. . r.. a s••■ a s s a a■ r a r■ r. s. a. a »...
I I
■■ a.. ■ a r a. s s• r• ■• s•
74
Water Tank R ini u m n 4 • • r r # . r . . . ■ ■ a • . . ■ • a • ♦ ■ r . • rt . ■ r • r ■ ■ • • .
13
7.1 Maintenance • . • • • r . ■ r ■ ■ • s ■ ■ . r • ■ . ■ • • a • y ■ ■ . • ■ s s • + . ■ ■ r • s • s
13
8.
C tion in Implementation • s • . ■ ■ . r r • w s ■ ■ . r ♦ ■ ■ a • • • ■ ■ a • ■ • ■ ■ . ♦ ■
13
9.
*i Review
1
9.1 Annual Review . . . ...... s .. r . a r r . . a r a a r . s . a , r a r . a r . a s r a . .
1
9.2 Owner's S ub n -ii 4t l r r r r • ♦ • r • • s • s ■ • rt • s s • ■ • r s • y r • • s • ■ r ♦ • r • • r
1
9.3 City's Findings • r s a ■ s s • a • s • • . ■ • r • r . • s • s • • . • a r • • • • i s r r + • s s
is
104
Default and Remedies ■ s s ,r • r s s • r s • • • • ♦ • • s • • r . . • s r • • r • ■ r . • s ■ • r r ■ y
1
10.1 De ult . a ■ r . a . . • • ■ ■ • s • •. • ■ a . a r a a ■ a r . a . .
16
10.2 Rmi * • r s ■ • s • . ■ • s • s r s r r . . . . • ■ s r s ■ r • r • ■ r r • ■ • . r • s a r ■ s
1
11.
Agreement toAmend or Te ni to ... .......................
1
12.
Mortgagee Protection- Certain Rights of Cure ... . . r . . r r . . . r r a .. r r . r r
1
1 2! Mortgage Protection .. r . a r s . a . r r r . r . a ... s . a r s a r r r . a r . . a a . .
17
12.2 M *-+ gag Not Obligated. • . . • r ■ • • . • • • ■ r _ a r • ■ r • r • • r s r • • r r . . •
18
•
i
1 2.3 Notict of Default .M. rtgagte ■ . ■ s . r • ■ s s ■ ■ # ♦ ■ ■ ♦ • s a • ■ a r • s ■ r •
13. Assign rainy • . . ■ ■ ■ ■ ■ i . s • ♦ s ■ ■ a ■ r r . ■ . . ■ r . . . . ■ i r . ■ ■ r • ■ r + • r • a ■ ■ s • 1
13.1 Right to Assign . . 6 . . . . 0 . % . 6 . . . % . . . 6 , 0 . . . . 6 . . . . . . . . . . 19
13.2 Covenants Ru With The Land r . r r # s ■ r r r . » . r r . . ■ . . ■ ■ r . ■ ■ r r . 1
14. General r . r . ■ r r . r . r r r r ■ . ■ ■ ■ r ■ r r r . ■ ■ • ■ ■ • ■ ■ • ■ ■ r • W O O S O P ■ r . » ■ ■ s 04 2
s
14.3 Agreement is tier '. Agreement r r r r ♦ s ■ • r r r • ■ ■ r • ■ ■ a r • • . • • r • • ■ 2
14.4 Estop 1 C�� ' 1 21
.t ■ ■ a • # r ♦ . ■ . r r a r ♦ # ■ ■ • ■ r • r ■ ■ ♦ ■ r r ■ • ■ ■ s r ■ r
14.5 C un rp i s r P ■ ■ ■ P ■ ■ r . ■ r ■ » # ■ ■ . ■ . . . ■ . . ■ r . . ■ . r # ■ ■ ■ # . ■ ■ . r r 22
14.6 S ility ■ . ■ r r r . r r . • . . ■ ■ . r ■ . r . . . r r . , ■ ■ . ■ . ■ . . . r . ■ ■ r . ■ . 22
14.8 Time ' is of the Essence ...... o ....................... 22
14.9 A n-i y" Fees • . # ■ . ■ • • . r • + ■ ■ s ■ ■ ■ a ■ ■ . s ■ r • ■ ■ . ■ ♦ • ■ • . • r • . ■ P ■ 22
IS. Notice • * ■ . . . r .,. . . r . . ■ ■ r . ■ r . r r ■ r . ■ . . ■ . a . ■ • ■ • r • ■ s r . • • ■ a • r . • • 2 2
i i
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered as of this
:
day o �� , 19 9 8 ("Effective Date" by and between THE CITY OF
CUP R INO ("City"), a C li omia municipal al co oration and the O'Brien Group
C'Ow-ner"), a California corporation.
THE PARTIES ENTER INTO THIS AGREEMENT on the basis of the
following facts, understandings and intentions:
A. Sections 65864 et see ., of the California Government Code authorize
City to establish procedures to enter into winding development agreements with
persons having legal or equitable interests in real property located within the City or
development of the property.
B. Chapter 19.116 of the Cupertino Municipal Cock e ("Code"), adopted by
the City Council "City Council") of the City in 1984, establishes the authority and
procedure for review and approval of proposed development agreements.
C. The Roan Catholic Bishop of San Jose, a corporation sole is the crested
legal o wner of the property ("Property') governed by this Agreement. (.Attached as
Exhibit .A. to this Development .Agreement is a snap and legal description of the
Property governed hereby.) The Property consists of approximately 212 acres. The
O'Brien Group has the contractual right to purchase the Property and therefore
qualifies qualifits as an applicant under the Code and is referred to herein as "Ovvrier." Owner
DEVELOPMENT AGIUTIVIENT PAGE t
rev. 6/27/97. 7/8197, 7/10/97, 7,r2 4197. 11/6/97. 1 /Siq S. 1/27/98
intends to build a master- planned residential development "Pro *e t!" on the Property
within the policies and lir��tsrrrrrr usable expressed in the
Cupertino General Plan "General Plan"). The applicable provisions of the General
Plan which pertain to the development of the Property are attached hereto as Exhibit
and incorporated by this reference.
Owner has filed an application for various entitlements of use in order to
develop, subdivide and construct the Project. These applications were determined to
be complete on August 22, 1997. These entitlements are described in the following
in
applications:
6-U-97: Use permit to construct 178 residential units and
ancillary 0111-1provements on approximately 79.9 acres of the 212
acre property.
2. 4-TM-974 Tentative Map to subdivide approximately 79.9
acres of the property into 178 lots.
3. 5 -Z -97: Zoning to rezone approximately 30 acres of the 212
acre property from agricultural (A), quasi public (BQ) to planned
development/ residential (P/RES) and 132 acres from (A) to public
park or recreation (PR).
4. 15-EA-97: Mitigated negative declaration.
The provisions of the Gtneral Plan, the Subdivision Ordinance of the City of
VELOP MENT A RE -1M ENT PAGE 2
rev. 6/"'7!97, 7/8/97, 7/10/97, 7/?4/07, 1116/9 7, 1/ 1 . 1/`'710?
Cupertino (Title 18 of the Code) the Zoning Ordinance of the City of Cupertino
(Title 19 of the Code) and the entitlements issued pursuant to the foregoing
� g
applications are collectively referred to herein as the "Vested Elements." The
approved a lications with all conditions, limitations and mitigations imposed are
attached hereto and incorporated herein by this reference and marked as Exhibit c
and are deemed hereby to be part of the Vested Elements.
D. This Agrtement authofizes authorizes owner to implement and carry out the
Project in all respects stibiect only to the requirements of the Vested Elements' and
amendments to such Vested Elements as may be mutually agreed upon by the Parties
hereto.
E. The current legal owner of the Property has filed with the proper
authority on r about September 18, 1992, a notice of nonrenewal of lard
conservation contracts governing a portion of the Property. The Parties
aclmo trledge and agree that a petition for cancellation of the land conservation
contract(s) Will be filed upon approval o the Vested Elements by the City and that
such petition for cancellation 'Will be processed expeditiously and in accordance With
the Pest Streamlining Act (Govt. Code H 65920 et. se 1. ) and applicable City
ordinances. The Parties ftirther a.clmo vledge and agree that the deter -ni nation of the
City to cancel the land conservation contract (s) will be based upon Section 51282 of
the Govemment code as of the effective slate of this Development .Agreement,
DEVELOPMENT .AGREEMENT PAGE 3
rev. br-7197, 7/8/977 7/10/97. 7/24197, 11/6/97, 11 8, 1127/08
J:1WPD Ii R.SW14951011AGRE1,1D 1 -L CR.FNL
provided that nothing herein constitutes a commitment or obligation of the City to
exercise its discretion in any particular manner relative to such petition for
cancellation. For purposes of this .agreement and the vested Elements, consideration
of the petition for cancellation shall be and is hereby deemed a part of the Project.
The Parties further aclQ -to vledge and agree that the Owner is designating or
dedicating for open space and/or park purposes, 159 acres of the Property. A portion
of such dedicated lands are covered by the land conservation contract(s).
Notwithstanding the petition for cancellation, such dedicated lands are not capable of
development under the teens of the Cupertino General Flan.
F. city and Owner acl -io vled e that development and construction of the
Project is a large -scale unde -t.al .n involving a major investment by Owner and City,
with development occurring in phases over several gears. certainty that the Project
can be developed and used in accordance with the vested Elements wiU benefit
�� provide to both Parties a errnanent fan for develo �rner�.t
Owner and City, and
of the Property and implementation'
mpler, entatio of City's General Flan.
G. city is v6lfing to enter into this Agreement for the reasons enumerated
in Cupertino Municipal code Sections 19.116.010 and 19.116.020, and i to
eliminate uncertainty in the cornpreh nsive development planning of large -scale
projects in the City, such as the Project; (ii) to e ure orderly development and
progressive fiscal benefits for public services, improvements and facilities planning in
DEVELOPMENT REENI FINT PAGE
rev. 6/27/97, 718197, 7/10/07, 7r' ?%, I I /tWQ 7. 1/19108. l ('7196
1,\ P# i I W\4 5\01\AGREE E FLAG R..F 'L
the City; (iii) o meet the goals arid. objectives of the General Plan• and t ro icle
for Owner's and City's benefit, high quality open space, conservation of natural
resources, affordable housing, infrastructure improvements and other public
amenities; including, but not limited to, 18 below market presidential units, a 2
million gallon water tank, 15 9 designated acres of open space and parks, to public
tot lots, and preservation of a potentially historic structure.
H. City's Willingness to enter into this Agreement is a material inducement
to Omer to implement the Project within the City of Cupertino, and Owner
proposes to enter into this Agreement in order to obtain assurance from City that the
Project may be developed, constructed, completed and used pu rsuant to the General
Plan, subject to the limitations expressed herein.
1. On September 5, 1995, the City Council adopted Resolution No. 94157
certifying that the 1 993 General Plan Amendments EIR and the current General Plan
policies were adopted in compliance with the Califomia Environmental Quality .Act
(110EQA1).
J. On July 28, 1 997 city's Planning Commission held a duly noticed
public hearing on this Agreement i determined that consideration of this Agreement
complies with C QA based on certification of a negative declaration; (ii) detennined
that this Agreement is consistent With the city's General Plan; and (iii) recommended
that the City Council approve this Agreement.
DEVELOPMENT AGREEMENT PAGE
rev, 6/27 7, 7/8197, 7/1 M 7. 7/27. 11 /tvg7. 1 MO S. 1127io8
IAWPDVYI RSW\4 510I \AG REMDE VELAGR. F N L
K On December 1, 19977 the City Council held a duly noticed public
bearing on this Agreement, detenni red that consideration of this Agreement eon lies
with CEQA., found this .Agreement to be consistent with the City's General Flan, and
introduced Ordinance No. 1773, approving this Agreement.
L. On January 5, 1998, the City Council adopted Ordinance No. 1 773,
enacting this Agreement.
M. On eeemb r 1, 19971 the City Council introduced Ordinance No.
1774 rezoning the Propertv and on January 5, 1 998, adopted rdi ance No. 1774.
N. Resolution No. 9415, Ordinance No. 1773 and ordinance No. 1774 are-
deemed here-by to be part of the Vested Elements,
NOW, THEREFORE, pursuant to the authority contained in Sections 65864
t sue., of the California Go remment Code and Chapter 19.116 of the Cupertino
Municipal al Code, and in consideration of the mutual covenants and promises of the
parties, the parties agree as follows:
Development Of 'be Pro rt
1,1 Develogment Plan. Owner shall have the right to develop the
Property in accordanc ,%Nith the provisions of t Agreement and the provisions of
the Vested Ele ments. Without limitation of the scope of the Vested Elements,, the
permitted uses of the Property, the range of density and intensities of use, the range
of heights and sizes of the proposed residences, the development schedules and the
DEVELOPMENT AGREEMENT PAGE
rev. 6/27/97, 7/8/97, 7/10/97. 712 7, 11/6/x'7, 1/8/C.)8, 11 -2 7106
jAWPD1M NPSNV\495\01 EEM EVE LNG R.F N L
general provisions for reservation or dedication of land for public purposes or fees in
lieu thereof, the public improvements, and the design and improvement of the
subdivision shall be as provided in the Vested Elements as of the Effective Date of
this Agreement. This Agreement does not vest architectural- plans for homes not
otherwise approved as part of the Tentative Map or final public improveinem plcaiis.
1.2 Present RiZ to Develop. Subject to the provisions, of this
Agreement, City hereby grants to Owner the vested right to develop and c nst ruct ,,:t1l
improvements comprising the Project in accordance with the Vested Elenients which
shall apply to the Property and are set forth as Exhibit C including 178 subdivided
residential lots, No future modifications of the Cupertino General Flail, the "ity
Code, City Ordinances, policies or regulations which purport to i limit the range,
rate or amount of possible development of the Project; H impose new fees other
than fees listed in condition 41 of the conditions of approval of 6-U-97, exactions or
moratoria upon development, occupancy or use of the Pro ect; or fir are 111coll l tent
with the Vested Elements, shall apply to the Project. Nothing stated herein,
however, shall prevent or preclude City from adopting any General Plan
amendments, e ts, .zoning measures or other land use regulations which are wholly
consistent with the General Plan and the terms of this Agreement.
1.3 Buildinja Permit A Notwithstanding any other
provision of this Agreement to the contrary, Owner's right to develop and improve
'AGE 7
rev. 6/27/97, 7/8/9 7, 7/10!97. 7/24/97, 11/6/9 7, 1/8/98, 1/27/98
1-=AWPIAMNRSVV\39.10I G11LEND EV ELAGEt
the Proiect shall be subject to building permit issuance pursuant to the regulations
and ordinances ("Uniforni Building Code") in effect as of the date of issuance.
oa is rights to issuance of building permits shall also be subject to owner's
compliance with all conditions of approval, limitations and mitigations 'imposed by
the vested Elements.
1. Cooperation ire Obtaining Allocation of 1 til�ities, Cityshall
cooperate Nvith Owner in obtaining from the appropriate utility companies the
utilities, including electricity, gas, water and sewage service ca aci & ty and facilities for
development of the Project in accordance with a the tern's hereof throughout
the Term
of this Agreement {defined in Section 3 below).
2. Effect of Agreement.
2.1 S r)erse re by Subse g ent State_ or Federal Lars or
Rezglations. If state or federal laws or regulations enacted alien the Effective Date
are inconsistent with the vested Elements or the provisions of this Agreement, this
Agreement shall be deenied n-iodi ied or superseded to the extent necessary to comply
with the state or federal laws or regulations. Notwithst'Anding any provision of this
Agreement to the contrary, City may exercise its discretion to impose conditions
upon the Project not contained in the vested Elements which will enable the City to
comply s vit a r or sate ar�vs, reg latio or mandate ate v c s in effect at the
F
time the approval is sought, provided that the conditions unposed i are necessary to
EVE LO P ME N ARE -E ME NT PAGE
rev, ul27/97, 7/6/97, 7110/97. 7/24/97, 1116/07, IM98. 1/27/08
IA PDWNRSW\445\0I\ 1C. REE\DEVELr' GR.F N L
corn ply with any federal or state law, regulation or mandate which is in effect at the
time the applications sow ��t r- deemed complete; r (H) are necessary �. protect
against a substantial and imminent threat to the City's health, safety and welfare.
are.
Owner shall have the right to challenge, i a court of competent jurisdiction, the
law
:.. or regulation preventing compliance with the terns this Agreement and
� gx' , if the
challenge is successful, this Agreement shall remain unmodified and in full force and
effect.
2.2 Future Exercise of isc etioa Cit . This Agreement shall
W -
not be construed to II' mit the authonky or obligation of City to hold convenient or
necessary public beatings, to conduct all analyses required by C QA, the State
Planning and Zoning later, the Subdivision. Map .het, City Ordinances oar any other
applicable federal., state or local later or regulation. Furthermore, this Agreement does
not limit the discretion of City or any of its officers or o dals with regard to rules,
regulations, ordinances or laws which require the exercise of discretion any'of its
officers or officials, provided that the discretionary decisions reached are consistent
with the vested Elements and this Agreement.
3, Term. The term ("Tenn") of this Agreement shall commence on the
Effective Date, thirty 3 days after enactment o this Agreement, and shall
automatically expire seven years after the Effective Date.
DEVELOPMENT AGREEMENT IMAGE 9
rev. 6127/97. 7/4I9I , 7/10/97, 77i 7r-TI9 . 11/6/97, 1/8198, f l 8
J: \WPD\MNB-S'V\- 195101\AGREE,DE ELA R,FNL
4. development Fees, Assessments, I c
P. Other than as provided under the terrns of this Agreement or conditions of approval
all Citywide fees, assessments, dedication formula and taxes
payable in connection
with the development, construction, occupancy, use and sale o the Project
� pursuant
to this Agreement shall be those applicable to all similar developments in the City at
the time o issuance f building and construction emits. No new fee assess
_ � met,
exaction or required dedication policy, not in effect on the Effective Date, shall he
imposed on the Project. This Agreemtnt does not preclude the imposition of
increased fees. This Agreetne t sloes not preclude imposition of new or increased
taxes on the Project subsequent to the Effective Date, provided that the taxes shall be
imposed or increased o a Citywide basis. Notwithstanding the foregoing to the
contrary, the fees imposed under the Uniform Building Cade or ,fees imposed for
ministerial permits described in Section 5 hereof, for plan check, inspection, and
building permits and the file, shall be those fees in effect at the time of issuance of
building permits or other . inistefial permits.
.. Standard of Review of Ministerial Permit . All ministerial permit
" Permits" re fired b� -i r to develop the property, including (i) r oad
c x s r rcti o n per -mits; ii radin Penn -tits, (iii) b ildin emits; and (iv) certificates
of ccpar�r, shall e issued �� after Qty's reiev an d approval o Owner's
applications therefor, provided that City "s review of the applications is limited to
DEVELOPMENT AGRE- EMENT PAGE 10
irev. 6/'7/97, 7/8/9 7. 7/10/0 7, 7!294/ = . 11 16 7. 118iQ8. 1/2 7 l}
J.\ PD i €tSW\49S\01 GREE\DEVEL A R.FNL
deters l vl-i ther the follo in co ditions are met;
9
(a) The application is complete and includes payment of all
applicable fees;
(b) The application complies With all federal, state and City
requirements non-nally administere d by City; and
{c `l -te application de no�nstrates that Owner leas complied with the
Vested Elements.
6. Park Fees,
(a) Notwithstanding anything in this Development Agreement to the
contrary, in lit of any and all par k fees, owner skull, at the time of recordation of
the applicable Final Map for neighborhood 2 and neighborhood 3 respectively,
dedicate one lot from each such neighborhood to the City at no cost to the City. I
the event Owner receives approval for 178 residential t as proposed in Owner's
Amended .App10catlon dated July 2 8, 19 9 7, the o vn er shall dedicate a second lot
from neighborhood 3. In neighborhood 3 one lot would be located southwest of
Street 34 .A and the second lob., if any, would be located on the cul-de-sac northeast of
Street 34 A. The lots shall be of average value in each respective neighborhood. In
the event of disagreement bet ween the Ovvner and the City regarding
the selection of
the lots, the Parties shall, starting 1fvith the fit , altemately and p erem ptori ly stri I<&
lots which are not reasonably considered of average value with the final 2 lots, or if
rev. W2 719 7, 7/81Q7, 7/1011)7, 7r- 4/1)7. t I AVQ T. 11 1Q S. 11-'7 8
necessary 3 lots, being the lots selected for dedication. The lots shall be selected
within ninety 9 days of the approval of the tentative map.
(b) Ow or Assignee shall rough grace the lots to be dedicated and
shall install all appropriate public s roc s at s one as the re nair �n dots the
neighborhood are improved rith public services.
(c) All fees associated Nvith construction of improvements on the
tdicate d lots shall be the responsibility of the City or its successor in interest. All
landscaping and irrigation costs are the responsibility of the City or its successor. All
provisions of applicable - co enants, conditio ns and restrictions recorded against the
lots shall apply and be met. City shall have no obligation to build on the lots or sell
the lots. However, City or its successor shall maintain the lots at all tunes, l.e.,
mont l r eel control and abatement, garbage removal and fire control. The Parties
shall record an ro riate i stniment guaranteeing that the lots cannot be
- resub i i e d or used for an r -thing other than single family detached residential uses.
(d) If at the time Owner completes the Project and the lots remain
unimproved, the v"-ter shall install a linear a k-wa r through the lots consistent with
the remainder of the lots in that phase and the City or its successor shall maintain
such linear park improvements on a weeldy basis and pay any utility charges therefor.
:. e l e -ier shall not seed t have the City construct any
1
neighborhood path to serve the project from funds realized from the sale or
DEVELOPMENT AGREEMENT PAGE 12
rev. 6/27/97. 7/8 7. 7/10/97. M-410 7. 11PvQ7, 1/ S. 1; —17/9
1 PDWN SNV149 W 11t�►(�I E1C)E1 EL i1 .
development of the lots,
7. water Tank Reimbursement. Owner will construct a gate
storage
tank to serve the Project and the City With a capacity of two million gallons. Owner
shall be reimbursed � the City for the incremental cost of increasing ca p
acity from
one mil to two r ll o � gallons. Reimbursement for this incremental cost shall
occur within thirty days of payment of invoices for the work by Owner. Bid
amounts and invoices shall be subject to reasonable review and audit by the City.
Reimbursement between 01., ner and other private parties shall be by mutual
agreement.
TI Maintenance. Wit in .the Project, homeowner will be
responsible for a ter a -ice of io near parrs and private open space which are a art of
p
the individual lots. Owner shall not be required to form a homeowner's association
or sirfdlar entity to naintai improvements on common or private . pro ert
p y
. Cooperation in Implementation. City shall cooperate with Owner in
reasonable and expeditions manner, in compliance With the deadlines mandated by
applicable statutes or ordinances,, to complete all steps ecessa ry or implementation f
of this Agreement and development of the Project in accordance herewith,, in
particular in performing the following functions:
(a) Scheduling all required public he rin ' by the City Council,
Planning Commission and City staff required meetings; and
DEVELOPMENT A GREENI N 'AGE 1
rev. 6/27/97, 7/8/97. 7/10/97, 7f24/97, 11/611 71. 118/96, 1 f_7 19
Processing and checldng all maps, plans, lard use permits,
building fans and specifications and other fans relating to . � � development of .
p roject filed by Gwrier or its assignees.
(c) Processing of lot line adjustments following or concurrent with
tentative cancellation of appli
eem ent du rin -t recedi� ear. The Compliance Letter shad. i s
statement that the Compliance Letter 1s submitted to city pursuant to the
requirements of Government Code Section 65865.1 and of the City code.
9.3 City's Findingirs. Within sLxty 60 days after receipt of the
Compliance setter, the Planning Director shall determine whether, for the year under
review, owner has dex no strated good faith substantial compliance with the terms of
this Agreement. If the Planning Director finds and determines that owner has
complied substantiallyWith the tenns of this Agreement,, or does not determine
V
otherwise within sixty days after deliverer of the Compliance Letter, the annual
review shall be deemed concluded and this Agreement shall remain in full force and
effect. Upon a determination of compliance, the Planrdng Director shall issue at
Owner's request a recordable cert'i cate confirming owner's compliance through the
years (s) under review. owner may record the certificate with the Santa Clara Count
Recorder's office. If the Planning Director initialler detenydnes the Compliance
Letter to be inadequate in any respect, he or she shall provide Witten notice to that
effect to Over. if after a duly noticed public heax nr thereon the City Council finds
and determines, on the basis of substantial evidence, that owner has not complied
substantia'lly in good faith N6th the terns of this Agreement for the year wider
review, the City Council shall give written notice thereof to owner specifying the
non-compliance. If ov er fails to cure the noon- compliance with a reasonable period
x D EVELO P MENT
rev. 0127/97, 718/0 7. 7'/10/07. _ P 4P 7, l l -WO7. 1/8/0 - S. 1127198
of time established by the City CounciL the City Council in its discretion,
ner's compliance, o oloin a grant add t o a time for o c
hearing on the
matter, modify this Agreement to the extent necessary to remedy or mitigate the noan�
compliance, or ii) terminate this Agreement. Except as affected by the terms ' eareof,
the terns of Cupertino Municipal Code Chapter 19.116 shah govem the come Banc
review proctss to be followed by City.
10. Default and Remedies.
1 . I Default. Failure by either party to perform any material tenn or
provision of this Agreement shall constitute a default hereunder, provided that the
party alleging the default shall have given the other_ party advance Witten notice
thereof and sixty o days within which to cure the condition or, if the nature
thereof is such that it cannot be aired within that time, the party receiving the notice
shall not be 'in default hereunder i the party commences to perform its obligations
within the sixty o day period and thereafter diligently completes performance.
Written notice shall specify in detail the mature of the obligation . to be perfonned by
the panty receiving notice-
10.2 Remedies. Upon City's mate .al default, owner shall havt all of
the remedies available to Owner under California later, including the option to
institute legal proceedings to specifically enforce, rescind or reform this Agreement.
Upon Owner's mate al default in 'ts obligations set forth in
DEVELOPMENT AG RE EMENT PAGE 16
rev. 6127/97, 7/8/97, 7/1007, 7/24/97, 1116197, 1/8/08, 1i -71c)8
Section 6 hereof, City shall e entitled to initiate legal proceedings
to specifically
enforce rescind, or reform the Agreement. An such lea action
.. � � � r either party does
not preclude that party from recovering damages or other judicial relief. No action
either party dining the Ten-n hereof shall be deemed a wavier or release of any right
to assert a claim for inonetar r damages from the other party.
Agreement to Arnen 1 or Terminate. City and Owner by mutual
agreement may terminate or amend the terms of this Agreement, a- d the amendment
or termination shall be accomplished in the manner provided under Cali omia law for
the adoption of de elopixitnt agreements.
12. I ort ee Protection; ,Certain Ri of Cure.
12.1 Mortgage Protection. This Agreement shall be s e or and
senior to all liens placed upon the Property or portion thereof after the date on which
memorandum of this agreement is recorded, including the lien of any deed of trust
or mortgage ("Mortgage"). Notwithstanding the foregoing, breach hereof shall
defeat, render invalid, diminoish or inipair the lien of any Mortgage a e made � good faith
�
and for value, but all of the tennis and conditions contained in this Agreement skull
be binding upon and effective against all persons and entities, including all deed of
trust ene ician�es or mortgagees "Mortgagees" who acquire title to the Property or
any portion thereof by foreclosure, trustee's sale, deed in lieu of oreclos ire or
otherwise.
rev. 6/9 7/9 7. 7 4f7Iy7/1 ,f 4/97, 11AW97* 1 /8f . 8. 11:7f98
J.} 16DW }RSNV\,[/?5\V I f GREE LY ELAC. .F L
12.2 Mortgagee Not Obligated. No foreclosing Mortgagee shall have
any obligation or duty under this Agreement to construct or complete the
constnrctlon of any improvements ents required in connection with this Agreement, or to
pair for or guarantee construction or completion thereof. City, upon receipt of a
Witten request therefor from a foreclosing Mortgagee, shall permit all Mortgagees to
succeed to the rights and obligations of owner under- this Agreement, provided that
all defaults by owner hereunder that are reasonably susceptible o being cured are
cured by the Mortgagee as soon as is reasonably possible. The foreclosing Mortgagee
thereafter shall comply with all provisions of this Agreement.
2.3 Notice _ Default to Mortgagee. I city receives notice from a
Mortgage requesting a copy of any notice of default given to owner hereunder and
specifying the address for service thereof, city shall deliver to Mortgagee,
concurrently with the service thereof to owner, all notices given to Owner d scn -bin
g
all claims by the City that 0"-ier has defaulted hereunder. If Colty determines that
Owner 'is in noncom liance ith this Agreement, City also shall sere notice of
noncompliance on the Mortgagee concurrently with service thereof on owner. Each
Mortgagee shall have the right during the same pexiod available to Owner to cure or
remedy, or to come- hence to cure or remedy, r, the condition of default claimed or the
areas of noncompliance set forth in City"s City" notice.
EVELO PME NT Aix RE EMENT PAGE 1
rev. 6/2 7/9 7, 7/8/97, 7/10/9 7. 7122 419 7. 11 /6/'Q 7. l / J0 8, 1/2 /q 8
J: \WPD\MNR W\49510l\A REE EVELAGR.F L
13. Assn ailit .
13.1 RivhttoAssisn. Owne r may assign its hts to develop the
Project pursuant to this Agreement without Witten consent of the Cit • provided
however, each successor in interest to owner shall be bound by A of the terms and
provisions hereof applicable to that portion of the Project ac
gyred by it. Subject to
the foregoing, this Agreement shall be binding upon and inure to the benefit of the
parties' successors, assips and legal representatives. The terms of this Section 13,1
shall not restrict, prevent or othelwse affect Owner's ability to lease, sell or convey
interests in the Property. This Agreement or a memorandum hereof shall be recorded
by the City in the Santa Clara County Recorder's once promptly upon execution
hereof by both parties.
13.2 Covenants Run With The Land. During the teen of this
Agreement, all of the provisions, agreements, rights, powers, standards, terms,
covenants and obligations contained in this Agreement shall be binding
unconditionally upon the parties and their respective heirs, successors men er
consolidation or oth livise and assigns, devisees, adr nistrators,, representatives,
lessees and all other persons or entities ac i n . �
� t Property, y, an lot, parcel or any
portion thereof, and any interest therein, whether by sale, operation of law or an
manner, and they shall inure to the benefit of the parties and their respective
successors. This Agreement creates no personal obligations of owner or its
DEVELOPMENT T ACRE 1 - ENT 'AGE 1
rev. 6 7/97. 7/8!9'7. 7.712 } . 11/6/9 f , 1/8/9 S. 1123 7/98
J:1 PDiM f }x ' \49 1011 E\ E EL ACR.F 1L
successors, but only obligations appurtenant to the Property.
14. General.
14.1 Construction of AgEeement. The language in this .agreement in
all eases shall be construed as a whole and in accordance with its fair meaning. The
captions of the paragraphs and subparagraphs of this Agreement are for convenience
only and shall not be considered or referred to in resolving questions of construction.
r
This Agreement shall be governed by the laws -of the State of California.
14.2 No Waiver. Subject to the provisions of Section 10.2, no delay
or omission by the City in exercising any right or power accruing upon the
noncompliance or failure to perform by Owner under the provisions of this
Agreement shall impair any iright or poorer or be construed to be a waiver thereof. A
waiver by City of any of the covenants or conditions to be performed by Owner or
City shall not be construed as a waiver of any succeeding breach of the same or other
covenants and conditions hereof.
14.3 AgKe eme t is Entire A. ree a t. This Agreement and all
:. Exhibits attached hereto or incorporated herein comprise the sole and entire
Agreement between the Parties concerning the Project.. The parties acknowledge and
agree that neither of them has made any representation with respect to the subject
matter of this Agreement or any representations inducing the execution and d llvgy
hereof, except the representations set forth herein, and each party acknowledges that
DEVELOPMENT .. RE MENT -.. -- .. PA. 20
rev. 6/27/97, 7/8197, 7/10/97, 7/24/97, 11/6/97, 1/8/98. 1/27/98
it has relied on its oven judgment i ent grin this eement, �' the parties farther
aclmowledge that all statement or representations that heretofore may have been
made by either of them to the other are void and of no effect, and that nei
- 5
I - '
1 .. Counterparts. This Agreement may be executed in counterparts {
each of hich shall be deemed to be an original, but the 'counterparts together shall
constitute only one Agreement.
14.6 Severabi Each provision of this Agreement which shall be
adjudged to be invalid, void or illegal shall 'in no way affect, impair or invalidate an
other provisions hereof, and the other provisions shall remain in full force and effect.
eet.
14.7 Further Documents. Each party hereto agrees to execute all
other documents or instruments necessary or appropriate to effectuate and implement
this Agreement.
14.8 Time is of the Essence. Time is of the essence in the
performance of every covenant and obligation to b performed the parties
� p
hereunder.
14.9 Attornn Fees. In the event of any dispute between the parties
involving the covenants or conditions contained in this Agreement, the prevailing
party shall be entitled to recover Treasonable expenses, attorney's fees and costs.
"Prevailing party" shall include a party who brings an action against the other party
after the other party's breach or default, if the action is settled or dismissed upon
15. Notice. Except as otherwise expressly provided herein, all notices and
demands pursuant to this Agreement shall be in meting and delivered in person, by
commercial courser or by first -class certified mail, postage prepaid and return receipt
DEVELOPMENT AGREE F T PAGE
rev. 6/27/97, 7!8!97.7110/97, 71?4197, 11/6/97, 1 /slcp S, 1127 8
j:\ P \MNRS \445\ 11A 1 131L EVIL GR.Fi L
requested. Except as otherwise expressly provided herein. notices shall be considered
delivered when personally served, or upon actual receipt if delivered by commercial
couner or by mail. Notices shall be addressed as appears below for the respective
parties; provided, however, that either party may change its 'address for purposes of
this Section by givingwritten notice thereof to the other party-,
City: City clef
City of Cupertino
10300 "or e .avenue
Cupertino, CA 950
Owner: O'Brien Group
co Steve Zales
2001 Wind vard Way, Suite 200
San Mateo, CA 94404 -2473
The provisions of this Section shall be deemed directive only and shall not
detract from the validity of any notice 'given i re a manner i s ro . d be legally
effective in t . tht absence of this Sect10111.
IN WITNESS W REo , City and Owner have caused this Agreement .o be
�
executed in one 1 or more copies as of the day and year first above written.
"CITY,
THE CITY of CPRNO
a irr
By:
Tit)
DEVELOPMENT AGREEMENT PAGE 23
rev. 6r.7l97, 7/8/97. 7110/97, 7r -4197. 11/b/07, 1/8/98, 1!27/98
JAWPD\ R � 49 \01\AGREEWE ELAG R. FNL
1t0 !r
Cl>
By: 1 ?
Title:
ATTEST:
k
City Cle
APPROVED AS TO RM
City Attomey
DEVELOPMENT AGRE MI -SNT 'AGE 2
rev. y6/ 217 / 7. 7[/8/37. 7/10/97, 71__/97. 11/61077-y,r1/ -91� S. Ir -7107
, \�YTD \WL R.7Tv 475\VI 1 R.EE \lE F- iG[\.i "iVL
Bpi K Faulk
Engineers • Surveyors* Planners
October 27, 1997
BKF Job No. 960069-10
DESCRIPTION of P RC L ONE
OF
DIOCESE of SAN JOSE PROPERTY...
CUPERTINO
All that real property situate in the City of Cupertino, Counter of Santa Clara, State of California
being a portion of the Lairds of the Ronan Catholic Bishop of San Jose, described in that eertairr
Certificate of Compliance recorded in book K282 at page 1 390 of official Records of the County
of Santa Clara, State of California and being more particularly described as follows:
BEGGING at- a point in the northerly line of Parcel A described i
PUBLIC OPEN
-A. SPACE
- +
T.
4k+-
4
`tiffP
_xXxX
PUBLIC 0 PEN
SPACE
+1
d
IL
el
Exhibit A'
I -
SCALE: 1'_ 1000 0
P
EXISTING - ZONES Al BQ
PROPOSED ZONES
NEIGHBO RHOOD AREA 1: PD (Planned Development)
NEIGHBORH OOD AREA 2: PD
NEIGHBORHOOD AREA 3: PD
NEIGHBORHOOD AREA 4# PD
GATE OF HEAVEN CEMETERY: 80 (Quasi Public)
PUBLIC OPEN SPACE: PR (Public Recreation)
NElGHBORHOOD PARK: PR (Public Recreation)
NOTE: SEE ATTACHED PLATS AND LEGAL DESCRIPTIONS FOR EXTERIOR ZONING BOUNDARY
" Sub jeCt DIOCESE OF SAN JOSE PROPERTY, 21-2-AC 7ES
R an Kmgm Nailk
PERTH O, SANTA CLA COUNTY, CALIFORNlA_
CONSULTING ENGIN EERS' Job No 960069-10'
540 Price Avenue Redwood CIty. California IG14083 By E R — Dat e NOV. 97 Chkd,. D
Telephone (415) 482-63M Fox (415) 482-6.31313 9 60069. TM \ E XH 181 T5\2 ON EM A P SHEET OF
thence along said northeasterly fine the following- ten courses:
I , South -3 5 ° 06'49" East, a dl tan 95.42 feet;
2. South 29013'02" East, a distance of 200.57 feet;
3. South 32008'05" East, a distance of 50.43 feet;
4. South 34'3 1'00" East, a distance of 156.45 feet;
5. South, 059'43" East, a distance of 73.03 feet;
6. South 42 °23'32" East, a distance of 108.72 feet;
7, South ° 1717 East, a distance of 73.97 feet ;.
8. South °46'05" East, a distance of 128.19 feet;
9. South 3 6 ° 36'11 " East, a distance of 3 09.3 7 feet;
10. South 6'40'55" East, a distance of 95.28- feet to the northerly boundary of that. certain arc l
of the lands of Santa Clara County as shore upon that certain Record of Survey filed
October 21, 1979 in Book 450 of Maps at page 41, in the office of the Recorder of Santa Clara
County;
thence along the northerly, northeasterly and southeasterly lines of the last named parcel the
following six courses.
l . South 3 8 042'3 6 " East, a distance of 201,29 feet;
North 51016'47" East, a distance of feet-
North
youth "fast, a distance of 75.00 feet*
4. Forth 5 o 046'2 l'' East, a distance of 15 1.13 feet;
Exhibit �-r.All
Page 3 of 4
6, Forth 3 002'54" Nest, a distance of 67.84 feet
7. Forth 1 ° 16'37 Nest, a distance of 100. 0 0 feet;
8* North I °27123" East, a distance of 1 00.00 feet;
9. Forth 5 ° 02'20' East, a distance of 159.3 5 Feet t6 a point on the southwesterly line of Parcel
1 E, as said Parcel is described i
f
5
f
a
IL
Ay
TAIL
N TS
Brimm &mps Faulk
Engineers . Surveyors • Planners
W
sr
0
;..�, °1
}' * 200.572
' cm S 32T8'05'* E Lo 1
50.43'
�!
I
f qqp..
540 Price Avenue
Redwood City, CA 94063
650/482 #6300
650/482 -6399 (FAX)
14-
q
k i
Subject EXHIBIT B: PARCEL ONE
T JOSEPH'S SEMI NARY
Job No. 960069 -1
By RCS Date 1 2 Cd. BB
SHEET F
'
0
i 05T2"20'*
153.8`-,
CNI'm •
".
C14 -0
`
N 1 '*2 "23m E l oo.00
0
;
04
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LO
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11 11
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en
j
64 ,
1+'
w
qt
to
V)
CD
fn
PARCEL
ONE
LANDS OF
THE
V)
;q
mAft
ROMAN
CATHOLIC BISHOP OF
SAN JOSE
0
`
SAINT JOSEPH'S
SEMINARY
W
0
(n
PORTION F 8K K282 R P o
(n
f
5
f
a
IL
Ay
TAIL
N TS
Brimm &mps Faulk
Engineers . Surveyors • Planners
W
sr
0
;..�, °1
}' * 200.572
' cm S 32T8'05'* E Lo 1
50.43'
�!
I
f qqp..
540 Price Avenue
Redwood City, CA 94063
650/482 #6300
650/482 -6399 (FAX)
14-
q
k i
Subject EXHIBIT B: PARCEL ONE
T JOSEPH'S SEMI NARY
Job No. 960069 -1
By RCS Date 1 2 Cd. BB
SHEET F
5. North 39'03'39" West, a dista'nce of 219,48 -feet;
6. North 8I 1140 East, a distance of 598.29 feet to' the POINT OF BEGOING, and
contalmng an area of 32.43443 acres more or less.
The bearing North 81 0 1 F40" East of the of the Lands of Santa Clara County as said line is shown
on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page
41, Santa Clara County Records, State of Califomia is used as the basis of bean'ngs.
A plat showing the above' described' parcel is attached hereto and made a part hereof as Exhibit
11B
This description was prepared by me or under M' y direction in conformance with the requirements
of the Land Surveyor's Act.
N
BRADLEY A. C:'_L,9.- lip Z-44
Dated:
E Ij
P,
L%
Bradle B* bo, P.L.S. 41 %; K, 069\J-GALS4AR1AVPD
(P
Bri an K gas Foulk
Engineers a Surveyors Planners
October 27, 1997
BKF Job No. 960069 -10
DESCRIPTION of PARCEL TWO
OF
DIOCESE of SAN JOSE PROPERTY
UPERTINO
All that real property situate in the City of Cupertino, County of Santa Clara, State of California
being a portion of Parcel 1 and Frei 2 as said parcels are described in that certain grant aced
recorded on March 15, 1934 in Book 679 of Official Records at page 298, in the Office of the
Recorder of Santa Clara County, together with a portion of the FIRST and SECOND parcels as said
parcels are described in that certain indenture recorded on February 21, 1 924 in Boob 74 of Official
Records at page 7, in the Office of the Recorder of Santa Clara County, and together with a portion
of the parcel described in that certain indenture recorded on May 5, 1920 In Book 517 of Official
Records at page 40, In the Office of the Recorder of Santa Clara County, and being more particularly
described as follows:
BED G at a the most northeasterly comer of that certain parcel of lard designated as Parcel
X. conveyed to the County of Santa Clara by Deed recorded October 11, 1977 in book D197 f
Official records at page 696, Santa Clara records and shown as a 127.884 acre parcel of lard upon
that certain Record of Snrvey filed October 2, 1979 in Boob 450 of Maps at page 41, in. the Office
of the Recorder of Santa Clara County Records; thence along the northeasterly line the following
four courses;
South 12056'32" East, a distance of 245.07 feet;
?. youth 9'27'06" fast, a distance of 745.80 feet;
North 75 °00'02' East, a distance of 240.93 feet;
4. South 3 0 ° 1.4t40" East, a distance of 196.4 feet to the most easterly corner of said
Parcel arl he TRUE POINT" OF BEGINNING;
thence forth 51'01'04" East, a distance of 47 8.2 7 feet; thence South 3 °5T19" East, a distance of
2 36.39 feet; thence North 39 '00'10 " East, a distance of 690.00 feet; thence North 23'38'20" West,
a distance of 278.76 feet.; thence South 6 o °33'56" East, a distance of 3 17.5 0 feet; thence South
5 to3 " East, a distance of 179.3 feet; thence South 4 °06'03" East, a distance of 2 . l 7 feet; thence
South 7 '35'43" East, a distance of 261.24 feet; thence South 61 ° 30'49" East, a distance of 13 5.83
Exhibit "A ""
Page 1 of 3
540 Price Arne * Redwood City, CA 94083 • (650) 402 -6300 a FAX(650)482-6399
i
e d
Ld
Ld
LLJ
z
W
z
NORTHEASTERLY CORNER
OF PARCEL A. 1300K D1 97
OR 696.
'i JMI
H E-1
}�
P.O.B*
"2100
1,392-7.9p
p
ell
6 0 p S f J--
T 0 U G i 2
Subject EXHIBIT B: PARCEL ONE
Uri Kmg Foulk 540 Price Avenue ST JOSEPH'S SEMINARY
Redwood City, OA 9406 960069-10
Engineers Surveyors Planner •
"� B OL27/97 .
850/482 --6399 (FAX)
SHEET 2 OF
PARCEL ONE
Y�{
LANDS OF THE
in
ROMAN
C BISHOP OF SAN
OP
JOSE C6
SAINT
OSEP S X11 F
. ..
W
in
PORTION OF 8K K282 OR PO 130
< .
32.43443 ACRES
9 ""
# ##
219.48
' \
J
S 6*3"llw E 09i7
� S 06"40"550 E �
38°0 18
`
z
C*4 V/
i
= !
i
2y/'/
LO
#!
# t
'
LO
LO
ell
6 0 p S f J--
T 0 U G i 2
Subject EXHIBIT B: PARCEL ONE
Uri Kmg Foulk 540 Price Avenue ST JOSEPH'S SEMINARY
Redwood City, OA 9406 960069-10
Engineers Surveyors Planner •
"� B OL27/97 .
850/482 --6399 (FAX)
SHEET 2 OF
BEGINNING at the most southerly corner of that certain parcel of land described iu the deed from
the Roman Catholic Archbishop to the Catholic Foreign Mission Society of America, recorded in
Book 478, Official Records of Santa Clara County, at Page 1; thence from said Point of Beginnin
feet; thence S outh 5 3 '29'5 6" East., a distance of 124.18 feet; thence South 62 ° 54'18 " East, a distance
of 159.25 feet; thence South 31 '08'53 " East, a distance of 70.70 feet; thence South 15'56'52" fi t,
a distance of 59.06 feet; thence South 440 14' 4 "We t, a distance of 85.01 feet; thence South
45 045'05'" East, a di
' RN ER • • a
D1 1 �r'
S 12056 *32" E
1027"060 E 245.070
. 0
75000'02' E - ,...5t
S 0°#40" . 0
196.84* N 234388 29 W
278.76
_ ° Ii //�
"l■■"
236-39
9 A0
• • 0 0 # # 14 (PARCEL TWO °'
P00688
(EXCEP110N)
470 0 r-
32 *29'28" E
1300,00"
152.7"
LAND
C; ONTFIA cT E282
l
+
C PAGE
UGH �78
0 CL
ACRES J M ✓ r .J GAS
996 ACRES
000 PAO
con
i
A en
CL
f 2
f
r
S
p
P110
8 74 0 PO
WW
f
S 60°33'55" E 317-500
i S "58'03" E 179.35*
r
2 & {
U
�- T. P. 0. B.
(EXCEP110N)
*06'03'' E 291.17 '
1
S73 "35'43' 251 '
.24
S 61*30"490 E 135.83'
4401 4 *4" W 65.01'
S 45045"05'0 E 68.91'
PARCEL
W 0
PORTION A = 8 *42'46"
8K 517 OR PG 40 R ".`20.02'
TOTAL AREA OF PARCEL
238,12468 ACRES
owwO65-- V , ( oro, 5Z [!j0053"49" W 304.60 0
IV
1p N 51 *53 ■1 0'* W
32 *29'28" E
co
co
152.7"
Ln
0 CL
ACRES J M ✓ r .J GAS
000 PAO
,
CL
CO2
p
`tom
;
co
435.0
S
ES
z
2-1057!227 E A 10*12'3' "
128* R 474.44'
L = 64.539
N 47°29'05* E
24-30" DETAIL
NT'S
tn / 1
L4 LA
re V'k
.
S 53029'56" E 124.16*
62054$18* E 159,25'
S 31008"53$* E 70.70"
S 15956'62" W 59.08*
,,,S 6 *47'46" E 94.49'
- 27°31'47"
= 613.69 , �
L = 294.87
02'02'3031 W co` `
co J
SEE
DETAIL
/ k.
• * '
tp
t t• ° f
c° c jrp
LA
ca
c � • +
..:..
* ,t+
Subject EACH I PARCEL TWO
540 PHice Avenue T JOS EEH'S
"as foulk
NALY
Redwood City, 9406 O -��
Engineers * u eyors . Planners
650/482-6300
650/482-6399 (FAX) By 00 RCS Date 1 2
SHEET 2 OF 2 1
32 *29'28" E
3.6
Ln
- 27°31'47"
= 613.69 , �
L = 294.87
02'02'3031 W co` `
co J
SEE
DETAIL
/ k.
• * '
tp
t t• ° f
c° c jrp
LA
ca
c � • +
..:..
* ,t+
Subject EACH I PARCEL TWO
540 PHice Avenue T JOS EEH'S
"as foulk
NALY
Redwood City, 9406 O -��
Engineers * u eyors . Planners
650/482-6300
650/482-6399 (FAX) By 00 RCS Date 1 2
SHEET 2 OF 2 1
:.. NORTHEASTERLY L CORNER
F PARCEL A. BOOK D1 97
R 6 98.
745.80
r S 30°1 4'40'" E
198.54
51001'04'* E 2499.85'
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7, TOTAL AREA OF PARCEL
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(PARCEL TWO) o
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(EXCEPTION)
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TOTAL A
238.246
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co S w '
TOTAL. AREA OF PARCEL ONE 2313,12466 ACRES'
T TA L A-REA OF EXCEPTION — 5a.M996. AQRE2_.
NET AREA OF PARCEL. TWO 179.75470 ACRES
21°57'22 E A = 10012'31"
3.28" R = 474.44"
L = 84.53"
47"79"060 E
24.30" DETAIL.
` 1 TS
Subject EXHIBIT ; PARCEL. TWO
540 Price Avenue ST JOSEPH'S SEMINARY
Brims Kan Mink •
Feld City. C 94063 —
E�,gineers Surveyors Planners �, � 1 009 �
650/482 -6399 (FAX) By RCS Do t e 1OZ27/97Chkd. BB
SHEET OF 2
19
z 1
LIT
CO
O
°
7, TOTAL AREA OF PARCEL
�. � ,�
�
238. 2466 ACRE%
,�i�#r�� � � ELECTRIC
*�
I
_
0 0 Q K 376 PACE
.a
c
'
C07
`-
"c
a.
47
0
po
co S w '
TOTAL. AREA OF PARCEL ONE 2313,12466 ACRES'
T TA L A-REA OF EXCEPTION — 5a.M996. AQRE2_.
NET AREA OF PARCEL. TWO 179.75470 ACRES
21°57'22 E A = 10012'31"
3.28" R = 474.44"
L = 84.53"
47"79"060 E
24.30" DETAIL.
` 1 TS
Subject EXHIBIT ; PARCEL. TWO
540 Price Avenue ST JOSEPH'S SEMINARY
Brims Kan Mink •
Feld City. C 94063 —
E�,gineers Surveyors Planners �, � 1 009 �
650/482 -6399 (FAX) By RCS Do t e 1OZ27/97Chkd. BB
SHEET OF 2
19
z 1
LIT
CO
O
Land UselCommunily Character
Policy 2 Residential Street Improvements
l iainta a semi -rural appearance with residential street improvements.
Policy -10; Ne hborhood Landscaping
Preserve exist g neighborhood landscaping features during redevelop-
ment. Emphasiz on -site parking instead of street frontage pang.
Policy 2.11: Mixed -Use velopment
Allow mixed -use level rnent within the area bounded by Granada Av-
enue, Stevens Creek Blvd., orange Avenue and the SP right of way to rely
on public parking on Pasad a and Imperial avenues to meet the off - street
parking needs for the conune ial part of the project.
Folic 2.12: Storeftont Appearances
Require commercial and office struc es to exhibit a traditional storefront
appearance to the public street. e u e buildings intended initially for
office use to be designed to a com nodat future entrances from the side -
�ral for retail shops. Do not permit the b �' ding to be separated from the
public sidewalk by extensive landscaping r ges
in elevation.
BANDS of THE DIOCESE OF SAS! JOSE
Function: This area has unique characteristics which
define the areas suited for development as well as
the areas appropriate for open space uses. Areas
with the least environmental constraints can ftmc-
tlon as residential uses. Those with the most con-
straints, such as steep slopes, high vegetation and
wildlife value, and are visually sensitive, etc., function
as wildlife habitat, private and public open space and
recreational areas.
11195
Location: Bounded by Interstate 280, Cristo Rey Drive,
Stevens Creek Boulevard.
Development Activities: Residential, private and public recreation, cemetery, as located
in the reap for the Diocese Special Planning Area.
Building Heights See RHS regulation (Section 19.40 of the zoning ng ordinance) except
as designated on the Land Use Map for this area.
Development Guidelines;
Land Use Intensity
Regulate residential land use intensity through a planned development zoning district.
THE CUPERTINO GENERAL PLAN
Exhibit B
2-15
Lands
of the
Diocese
of San Jose
Land UselCommunity Character
Access
Access to residential development shall be as shown on the Land Use Map. Exact ahgn-
inents shall be determined at the project development stage. Pedestrian and bicycle
traffic shall be allowed on emergency access routes. Access other than for emergency,
pedestrian and bicycle use to St. Joseph Avenue shall be precluded through such tools
as an easement and project design.
Riparian Corridor Protection
Development activities shall be located 10' from the edge of the riparian vegetation,
and open space easements are required which restrict uses within 100' to maintain
existing conditions. fencing of lot fines shall not interfere with wildlife movement.
Free Protection
Retain trees on the Semm* ary parcel according to the following schedule: Retain the
healthy native trees. Detain as many, non- natives as possible. Retain trees near the
riparian zone and wild lands of San Antonio County Park and the deodor cedars in
the center of the site. (Refer to TTiomas Reid report of , items 3 & 4.) Retain
the dead trees in the retention basin where feasible. Provide a realistic balance of ex-
isting and replacement trees, as outlined below. Ieui.re bonds to protect specimen
trees during construction.
Retain as many mature trees as possible to continue the tree canopy as a backdrop for � . =-
the new houses.
Retain the existing tree screen on the Seminary and along the creek or provide replace-
ment landscaping buffers adjacent to and in the viershed of the Park and open Space
preserve to the extent feasible.
Eucalyptus groves may be removed unless retention is needed for a specific reasons,
such as visual screening or wildlife habitat. If remained, they could be considered for
removal at the time that new visual screening or native vegetation has matured.
Mature trees which are diseased or unsafe may be removed under the guidance of a
registered arborit: Replace each oak removed with five of the same species. if oaks
are retained, develop an oak woodland management plan.
Wildlife Protection
Preserve all oaks 1" dbh or greater for protection of the Pallid bat if determined to be
present.
If tree removal is required, remove outside of nesting season.
Time the demotion of the Seminary building when bats are least likely to be present.
Design development to avoid affecting the hydrology of the seep, as indicated in the
land use map. Demarcate the buffer area with a fence that allows wildlife movement.
Should it be needed to protect the red - legged frog, install an amphibian culvert under
the residential road that crosses the wildlife corridor leading to the freshwater marsh.
THE CUPERTINO GENERAL PLAN
11/95
ft. Setback From Park Land Use Surnmar
Potential Detention Basin Area Total Open Space
Emergency Access (Public and Private)
(Emergency Vehicles, Total Development
Pedestrians, and Bicyclists)
� Envelope Area
Single Story Homes and New R. .1 . 's
First Row Next
Land UselCommunity Character —1
Ac. ° of Total Dwelling Unit Summary Max. Units
155.7 75% (Min) Residential Area 1 95*
Residential Area 2 1
Residential Area 4 10
LO Parts Total Site 203.9 100% Maximum Total 178'
1
The maximum overall unit count for tine Planning Area is 178 dwelling units, including
the units required by the Below Market Rate program. The maximum unit counts for
the individual Residential Areas are shown above, which exceed the total of 178 units
The Forum At to allow for flexibility at the project stage. Residential Areas 1 and 4 are the areas that
Rancho have been identified as potentially containing affordable housing as required by the
San Antonio Housing Mitigation Procedural Manual.
Seminary
Pare!
Residential Visually Sensitive Area
Area Potential Detention Basin Area
9 Units Drainage and Slope Protection Area
i
Single Story Homes First Row Next to Cristo Rey Drive
Potential Detention 280
-Te A maw
100 ft. Setback Maryknoll Basin Area 1 IE
From Riparian Seminary
Vegetation Line
Fiparian Alternate Residential-- w
2
Vegetation Line ((Access Area Area oSTO
12 Units Single Story Rancho Sari Antonia .:rl# r
Homes First Row County Park Par el — 0
Next to Park Wildlife Corridors
County Park
Master Plan
Expansion Area 15'V-Min- 150 �� 0
Min
_g
25 ft. Setback: = ..
From Park Residential }`f Residential �,� historic
Emergency Area ;: �Y; Area
orpyard U �+ Vehlole Access 19 Unit fix° 6 units t1 De Any
Easement to Cristo Rehr Ddv k,� ,' +i Site �� Y
Proposed Potential Amphibian .`iiiµ 100' potential
Access Road Migration culvert - Min Detention Basin
UA ° Area
Proposed 100 ft. EMF
Water Tank ' U� Setback From
Area _ -' entedine of
_ Gate of Heaven Cemetery
Transmission .J,+4 ac, Lines
Substation
Emergency Access � � SCALE IN FEET
(Emergency Vehicles, !
p Pedestrians, and � � � �' ' "dp
Residential Development Areas � � � �. � �
include the �listor�c
development envelopes, �. Bicyclists) xl
� �
private open space, and all new Snyder House U i� LEGEND
pawed roadways as well as the Publlcally Acoeable
onions of the right of way that are
R y
�
not Included in the linear park. Open Space
Wildlife, Ripadan, and
Land Use � g Setback Areas
Ac. ° of Total :�- t�; :�.=.;ry. Drainage Seth
Residential Development Envelope Areas and New R.O.1 .` (max):
Development Areas' Private Open Space (rain),
Total Residential Development Areas;
Publicly Accessible Lards Dedicated to a Public Agency:
Open Space I Linear Park Areas:
Total Publicly Accessible Open Space (min)-
Total Site
Lands of the Diocese of San lose Special Planning Area.
11/95
53.2
5 °% am
Special Use Areas
18.3
PO
Single Story Height
71.5
34%
Limitation Areas
E lF Setback Areas
127.2
1%
10.2
%
it I J 4 1 :
III Visually Sensitive Areas
137.4
6011
Single Story/Split Level
Buildings Subject to
208.9
100%
Architectural Review
THE CUPERTINO GENERAL PLAN
2-1
Land UselCommunity Character
Increase the forage value of remaining grassland habitat on the Cristo Rey parcel to ben -
fit raptors by developing a habitat management plan, for both the grassland and wet-
land areas.
Provide two wildlife corridors in the Cristo Rey development area, with a minimum
width of 150 feet between Cristo Rey Drive and the development tot he southeast and
a 100-1 50 foot minimum between the two development areas, as shown on the map
for the Diocese Special Plannmi g Area.
Vegetation Protection
Emphasize native plant materials and avoid invasive landscaping materials.
Emphasize drip irrigation systems.
Visual Considerations
Provide landscaping and possibly berms to screen new houses from the park, public
roadways, and existing development, while retaining the natural setting and views as
much as possible.
At the zoning stage, consider an architectural review procedure. The architectural
design will incorporate elements of Cupertino "s traditional historic residences. The
homes will include classic craftsman and ranch style elements to create a unique rural
atmosphere. Porches and other design concepts that foster enhanced neighborhood
interaction shall be incorporated. The presidential structures shall tale on the appear -
ance of homes built with traditional materials that can weather over time and blend
into the natural surroundings. Careful native landscaping within the linear park ar-
eas and all buffer zones shall be a part of and enhance the architecture.
Select roof and wall materials and colors to blend with the background.
Architectural profiles and grading should conform to and be subordinate to the exist -
ing landforrn.
Landscaping shall be provided to screen the water tank, and the tank shall be painted
a natural and non-reflective color.
Parks and Open Space
Provide public and private open space as shown on the Land Use Map. Pubhc open
space areas appropriate for City ownership may include the Cristo Rey area (historic
knoll and red-legged frog habitat area). Appropriate areas for County ownership may
be the buffer area west of the cemetery and riparian corridor area and hillside area
southwest of the cemetery. Specific ownership boundaries, public access and uses shaft
be determined prior to or concurrent with the project development stage. Public open
space shall consist of approximately % of the land. Passive uses, such as trails or
vista points, are likely open space uses. Transfer of the public property to any other
public entity acceptable to the City Council shall occur prior to recordation of the fi-
nal map. To assure park use, the City shall be given the right of first refusal for no
value if the agency to which it is transferred disposes of the property. Private open
space shall be secured by tools such as dedication of development rights or a private
open space zoning district.
THE CUPERTINO GENERAL PLAN
11/95
Purchase of public open space shall be pursued, should it not be volunteered as part
of the project.
A neighborhood park may be considered for the property. At a minimum, tot lots or
play apparatus areas shall be located in both the Sem nary and Cristo Rey areas.
Direct development away from the Wilhamson .Act parcels until the contract's non -
renewal period expires or is canceled.
Proximity Development to Cemetery
Consider the proximity of residential development to the cemetery to ndnir ni e intru-
sion on the cemetery use.
Grading and Geology
All site develop rnent activities shall cornply with the City's grading ordinances unless
modified through a planned development agreement.
Conduct sitespecific seismic and slope stability studies for roadways and structures
at the project stage.
Restrict grading during the rainy season to reduce erosion. If unavoidable, implement
erosion control measures.
,Drainage
A. final drainage stud y and improvement plan shall be required at the project stage.
A flood detention basin should be incorporated into e project designed to m ru e
affects from runoff during large storm events.
Housing
Conformance to the Housing Mitigation Manual is required, except that affordable
housing units shall be provided on site and shad be duet -style units. These units shad.
be counted in the total of 178 units.
Public Services
A. 2 lion gallon water tank shall be provided for the project, in conjunction with the
City of Cupertino"s water needs. other locations or means to reduce visual impacts
to less than significant shall be explored. Tank height shall not exceed 30 feet, unless
not visible, the top of the tank must be at least 623± elevation, and tank edges shall be
rounded.
Participadon to off-site improvements, as they relate to project impacts, may be required
at the project level.
Historic House
Investigate possible historic preservation stags or use for the Snyder house located in
the southeast portion of the property.
lectromagent c !Fields
A setback of 150 feet from the centerline of the transmission lines to building enve-
lopes shall be maintained.
11/95 THE CUPERTINO GENERAL PLAN
2-1