09. Vallco and Toll Bros.
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimberlys@cupertino.org
lTYOF
CUPEIQ"INO
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item NO.l
Meeting Date: June 6. 2006
SUBJECT AND ISSUE
Repeal Ordinance No. 1975 (Vallco condominiums) and/or Ordinance No. 1977 (Toll Brothers
development) or call an election(s).
COUNCIL OPTIONS
The Registrar of Voters has validated the signatures on the referenda petitions for these
ordinances. On May 16, 2006, the City Council received the City Clerk's certification of
sufficiency for both petitions. The Council voted to call an election, but only four members were
present and the vote was split 2:2, so the matter was continued to the Council meeting of June 6.
As required by California Elections Code Section 9237, the City Council must now choose one
of these options for each ordinance:
1. Repeal the ordinance, or
2. Call an election and submit the ordinance to a vote at the next regniar municipal election
(November 2007) or at special election at least 88 days from today.
ELECTION DATES AND COSTS
A detailed breakdown of the estimates of each election is attached as Attachment A. However,
this chart gives an overview of the costs of putting both ordinances to a vote at the same election:
Type of Election
Date of Election Estimated cost of
both ballot measures
Oct. 31 $454,315
$217,859
$224,781 *
S
'This estimate is for the measures only and does not include the cost of the council election
which will take place at that time, which is estimated to cost an additional $8.00 per voter)
9-/
June 6, 2006
Page 2
RECOMMENDATIONS
If the City Council decides to call an election, staff recommends that it be consolidated with the
general election of November 2006 or the municipal election of November 2007, because a
stand-alone election would have substantially higher costs.
1. Ordinance No. 1975 (Vallco)
A. Conduct the first reading ofan ordinance to repeal Ordinance No. 1975 (Vallco);
or
B. Call a special election on November 7, 2006; or
C. Call a general municipal election on November 6, 2007
2. Ordinance 1977 (Toll Brothers)
A. Conduct the first reading of an ordinance to repeal Ordinance No. 1977 (Toll
Brothers); or
B. Call a special election on November 7, 2006;
C. Call a general municipal election on November 6, 2007
Submitted by: Approved for submission:
~f~JL
City Clerk
~~
David W. Knapp
City Manager
Attachment 1: Estimated cost of elections
Attachment 2: Draft ordinance repealing Ordinance No. 1975 (Vallco)
Attachment 3: Draft resolution calling an election re Vallco in 2006
Attachment 4: Draft resolution calling election re Vallco in 2007
Attachment 5: Draft ordinance repealing Ordinance No. 1977 (Toll Brothers)
Attachment 6: Draft resolution calling an election re Toll Brothers in 2006
Attachment 7: Draft resolution calling an election re Toll Brothers in 2007
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COMPARING MEASURE COSTS IN 2006 AND 2007
There was an inquiry about how the cost of the measures would compare if Council called an
election in November 2006 versus November 2007 (when Council seats are filled). The answer
is that the measures would cost approximately $7,000 more in 2007 than they would this year.
Because 2006 is a gubernatorial election, the costs for typesetting, translations, etc. are spread
among many more agencies, so it ends up costing much less.
In 2006, the fixed costs for the fIrst issue are $3.00 per voter, and each issue after that is $.75 per
voter.
In 2007, the fixed costs for the first issue are $8.00 per voter, and each issue after that is $2.00
per voter.
The following table shows the fixed costs and printing costs for MEASURES ONLY:
2006
Cost of election - 1 st issue (measure A)
Cost of election - 2nd issue (measure B)
Cost of pages measure A
Cost of pages measure B
3.00 per voter
0.75 per voter
$3.00 x 27,688 = $ 83,064
.75 x 27,688 = 20,766
36,282
77.747
$217,859
Total for two measures in 2006
2007
Cost of election - council seats 8.00 per voter
Cost of election - 2nd issue (measure A) 2.00 per voter
Cost of election - 3rd issue (measure B) 2.00 per voter
Cost of pages measure A
Cost of pages measure B
cost not calculated in this example
$2.00 x 27,688 = $ 55,376
$2.00 x 27,688= 55,376
36,282
77.747
Total for two measures in 2007 $224,781
9- 7
ATTACHMENT 2
draft ordinance repealing Ord 1975
Vallco
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING ORDINANCE NO. 1975 WIllCH REZONED A PARCEL
AT 10123 N. WOLFE ROAD (V ALLCO)
WHEREAS, an application was received by the City (Application no. Z-2005-05) for the
re-zoning of a property to Planned Development (Regional ShoppinglResidential); and
WHEREAS, on January 31, 2006, the City Council adopted Ordinance 1975 which
rezoned a parcel at 10123 North Wolfe Road (Vallco);
WHEREAS, a valid referendum petition was filed which opposed the adoption of this
ordinance;
WHEREAS, the City Council had the option of repealing this ordinance or putting it to
the voters;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Ordinance No. 1975 (Vallco) is hereby repealed.
INTRODUCED at a regniar meeting of the City Council of the City of Cupertino the
_ day of , 2006 and ENACTED at a regniar mecting of the City Council of the City of
Cupertino the _ day of . 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9-g'
RESOLUTION NO. '
ATTACHMENT 3
draft resolution calling special election
November 2006
Vallco
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE NO. 1975 (V ALLCO)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1975 (V allco); and
WHEREAS, the petition contained sufficient signatures to qualify the question for the
ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A special municipal election is called for November 7, 2006, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1975, an Ordinance of the City Council of the YES
City of Cupertino re-zoning a 5.19 acre parcel from Planned
Development (Regional Shopping) to Planned Development (Regional
ShoppinglResidential) at 10123 N. Wolfe Road (V allco ), be
approved? NO
2. The text of Ordinance No. 1975 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, August 7, 2006, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, August 17,2006, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
6. The City of Cupertino requests that said this special eiection be consolidated with the
election of November 7, 2006, and this governing body consents to such
consolidation;
9-9
Resolution No. 06-_ (V allco)
Page 2
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regniar meeting of the City Council of the City of Cupertino
this _ day of 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9 -/0
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-200S-05) for the
re-zoning of a property to Planned Development (Regional Shopping/Residential); 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 Council of the City of Cupertino the 31st
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
ATTEST:
APPROVED:
Isl Kimberly Smith
Isl Richard Lowenthal
City Clerk
Mayor, City of Cupertino
EXHIBIT A
ORD. 1975
9-1/
Ordinance No. 1975
2
EXHIBIT A
RE-ZONE 5.19 ACRES
FROM: PLANNED DEVELOPMENT (REGIONAL SHOPPING)
TO: PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL)
"""'DIM
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CUPERTINO, CAUroANtA
Zoning Plat Map
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'1-/:<'
RESOLUTION NO.1
Attachment 4
draft resolution calling general muncipal
election November 2007
Val/co
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 6,2007, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE NO. 1975 (V ALLCO)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1975 (Vallco); and
WHEREAS, the petition contained sufficient signatures to qualify the question for the
ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A general municipal election is called for November 6, 2007, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1975, an Ordinance of the City Council of the YES
City of Cupertino re-zoning a 5.19 acre parcel from Planned
Development (Regional Shopping) to Planned Development (Regional
Shopping/Residential) at 10123 N. Wolfe Road (Vallco), be
approved? NO
2. The text of Ordinance No. 1975 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, July 16,2007, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, July 26, 2007, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
6. The City of Cupertino requests that said this election be consolidated with the general
municipal election of November 6, 2007, and this governing body consents to such
consolidation;
9-/3
Resolution No. 06-_ (Vallco)
Page 2
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regniar mecting of the City Council of the City of Cupertino
this _ day of 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9-/t.}
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 SHOPPING/RESIDENTlAL)
AT 10123 N. WOLFE ROAD (V ALLCO)
WHEREAS, an application was received by the City (Application no. Z-2005-05) for the
re-zoning of a property to Planned Development (Regional ShoppinglResidential); 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 ShoppinglResidential); 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 Council of the City of Cupertino the 31st
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
ATTEST:
APPROVED:
Isl Kimberly Smith
Isl Richard Lowenthal
City Clerk
Mayor, City of Cupertino
EXHIBIT A
ORD.1975
9-/S
Ordinance No. 1975
2
EXHIBIT A
RE-ZONE 5.19 ACRES
FROM: PLANNED DEVELOPMENT (REGIONAL SHOPPING)
TO: PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL)
NOII\IlIOtAlENUE
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Zon ing Pial Map
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,,-((,
ORDINANCE NO.
ATTACHMENT 5
draft ordinance repealing
Ordinance 1977
Toll Brothers
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING ORDINANCE NO. 1977 WHICH REZONED A PARCEL LOCATED
NORTH OF STEVENS CREEK BOULEVARD AND SOUTH OF 1-280 BETWEEN
TANTAU AVENUE AND FINCH AVENUE
(TOLL BROTHERS)
WHEREAS, an application was received by the City (Application no. Z-2005-04) for the
rezoning of a property to Planned Residential and Commercial, P(RES, COM) and Public Park
(PR); and
WHEREAS, on February 7, 2006, the City Council adopted Ordinance 1977 which
rezoned the parcel located north of Stevens Creek Boulevard and south ofI-280 between Tantau
Avenue and Finch Avenue; and
WHEREAS, a valid referendum petition was filed which opposed the adoption of this
ordinance; and
WHEREAS, the City Council has the optionofrepealing this ordinance or putting it to the
voters.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Ordinance No. 1977 (Toll Brothers) is hereby repealed.
INTRODUCED at a regniar meeting of the City Council of the City of Cupertino the
_ day of ,2006 and ENACTED at a regniar mecting of the City Council of the City of
Cupertino the _ day of , 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9 - /7
RESOLUTION NO. 01
ATTACHMENT 6
draft resolution calling special election
November 2006
Toll Brothers
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE 1977 (TOLL BROTHERS)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1977 (Toll Brothers); and
WHEREAS, the referendum petition contained sufficient signatures to qualify the
question for the ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A special municipal election is called for November 7, 2006, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1977, an Ordinance of the City Council of the
City of Cupertino rezoning a 32.58 gross acre parcel from Planned YES
Industrial Zone, P(MP), to Planned Residential and Commercial,
PeRes, Com), and Public Park, PR, located at north of Stevens Creek
Boulevard and south of 1-280 betwecn Tantau Avenue and Finch NO
Avenue (Toll Brothers), be approved?
2. The text of Ordinance No. 1977 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, August 7, 2006, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, August 17,2006, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
9-/t
Resolution No. 06-_ (Toll Brothers)
Page 2
6. The City of Cupertino requests that this special election be consolidated with the
election of November 7, 2006, and this governing body consents to such
consolidation;
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regniar mecting of the City Council of the City of Cupertino
this _ day of 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9 -/9
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, PRo LOCATED AT NORTH OF STEVENS CREEK BOULEVARD
AND SOUTH OF 1.280 BETWEEN TANT AU AVENUE AND FINCH AVENUE
(TOLL BROTHERS)
WHEREAS, an application was received by the City (Application no. Z-2005-Q4) for the
rezoning of a property to Planned Residential and Commercial, P(RES, COM) and Public Park
(PR); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended denial of the rezoning, deferring the decision to the City Council; and
WHEREAS, a map and legal description of the subject property is attached hereto as
Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section I. That the property described in attached Exhibit A is hereby rezoned to
Planned Residential and Commercial, P(RES, COM), and Public Park (PR); and that Exhibit A
attached hereto is made part of the Master Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th
day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 21" day of March, 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
Kwok, Wang
None
None
. ~
~
APPROVED:
,,~J.^~H.
Mayor, City of Cupertino '
ATIEST:
EXHIBIT A
ORD. 1977
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ZON1NG PLAr MAP - LOT 1
Job No. 20056051
By RO Date 03/08/06 Chkd.JU
SHEET 1 OF 6
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March 8, 2006
BKFNo.2oo56051-10
Page 1 of2
8111 -1'......iltMM:M
EXlllBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOTI
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most northerly corner of said Parcel B, said point also being the beginning
of a non tangent curve, concave to the south, having a radius of 595.00 feet, from which point a
radial line bears South 03020'52" West;
Thence easterly along said curve and along the southerly line of Vallco Parkway 110.00 feet in
width, as shown on Parcel Map, filed August 3, 1987 in Book 576 of maps at page 31 and 32,
Records of Santa Clara County, through a central angle of 28024'31" and an arc length of 295.02
feet;
Thence South 58014'37" East 5.00 feet to the beginning of a curve to the right, having a radius
of 30;00 feet;
Thence southerly along said curve through a central angle of 90000'00" and arc length of 47.12
feet to a point on the easterly line of said Parcel B;
Thence South 31045'23" West 0.15 feet to the beginning of a curve, having a radius of 888.00
feet;
Thence southerly along said curve through a central angle of 18038'40" and an arc length of
288.96 feet to a point on the easterly line of said Parcel 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 fcet to thc point of BEGINNING.
c;-;<,}.,
Page 2 of 2
Lot 1 contains an area of 106,696 square feet (2.45 acres) more or less.
K:\ENGOSIOS605J\DWG\EXHIBITSILegal Descriptiom\LoIJ.doc
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ZONING PLAT MAP - LOT 2
Job No. 20056051
By RO Dole 03/08/06 Chkd,JII
SHEET 2 OF 6
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BKF No. 20056051-10
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 2
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most southwesterly comer of said Parcel B; said point also being the
southerly terminus of the course "North ooo24'oo"West 527.77 feet" of the southerly line of
Parcel B, as shown on said Parcel Map.
Thence along said southerly line of said Parcel B the following two (2) coulSes:
1) North 00024'OO"West 434.57 feet;
2) North 89031 '44" East 371.56 feet to a point on the easterly line of said Parcel B. said point
also being the beginning of a non-tangent curve, concave to the southeast, having a radius of
888.00 feet, from said point a radial line bears South 76053' 17" East;
Thence southerly along said curve through a central angle of 13036'53" and an arc length of
211.01 feet;
Thence South 00030'10" East 200.19 feet to the beginning of a curve to the right having a radius
of 25.00 feet;
Thence southwesterly along said curve through a central angle of 90006' 10" and an arc length of
39.31 feet to a point on the southerly line of said Parc;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.
9 -.,25'
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981 RIDDER PARK DRIVE
SUIIE 100
SAN JOSE. CA 95131
408-467-9100
408-467-9199 (FAX)
SCALE l' = 100'
Sub j ect CAUJJJIZAS PlACE
ZON1NG PLAT MAP - LOT 3
Job No. 20056051
By RO Date 03/08/06 Chkd.JU
SHEET 3 OF 6
~Bkf
9 -).(,
L~BkJ
March 8, 2006
BKFNo.20056051-10
Page 1 of2
&GlNUI!i. SURWYOUi PLAKtftlS
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 the course "South 00030'10" East 201.07 feet" of the
westerly line of said Parcel 2, as shown on said Parcel Map.
Thence along said weSterly line of said Parcel 2 the following four (4) courses:
I) North 00030'10' West 201.07 feet to the beginning 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 feel to a point on the southerly line of Vallco Parkway being 110.00 feet in width, as
shown on said Parcel Map;
.
Thence South 58014'37" East 362.70 feet to the beginning of a curve to the left having a radius
of705.00 feet;
Thence easterly along said curve through a central angle of 20039' 53", and an arc length of
254.27 feet;
Thence leaving said southerly line of Vallco 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;
9-;21
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:
I) Westerly along said curve through a central angle of 04011 '27", and an arc length of 146.29
feet to the beginning of a reverse curve having a radius of 2000.00 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:\ENGOS\OS60S1 IDWGIEXHlBITS\Legal DescriptionslL0t3.doc
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SCALE l' = 100'
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981 RIDDER PARK DRIVE
SUITE 100
SAN JOSE, CA 95131
408-487-9100
408 Ml7-9199 (F'AX)
SUb~eci CN..ASAZAS PLACE
ZON NG PLAT tw' - LOT 4
Job No, 20056051
By RO Date 03/08/06 Chkd.JU
SHEET 4 OF 6
<j-.:l'1
.BkJ
March 8, 2006
BKFNo.2oo56051-10
Page 1 of2
.....-,911_'_
. EXIllBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 4
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed August 3, 1987 in Book 576 of Maps
at Pages 31 and 32, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Stevens Creek Boulevard varying in width, said
point also being the easterly terminus of the course "South 89031'44" West 304.37 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Map.
Thence South 89031' 44" West 304.37 feet to the beginning of a curve to the left, having a radius
2000.00 feet;
Thence Westerly along said curve through a central angle of 00046'22", and an arc length of
26.97 feet
Thence Leaving said southerly line of said Parcel 3 North 00028 '16" West 366.49 feet to a point
on the southerly line of Valleo Parkway 110.00 in width, as shown on said PllICel 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 llIC 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 PllICel3;
Thence South 00028'16" East 277.00 feet to the beginning of a curve to the right, having a radius of 50.00 feet;
'l-3D
Page 2 of2
Thence southwesterly 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:\ENGOS\D~6051 IDWG\EXHffiITS\Legal DcscriplloDl\Lo14.doc
9-3/
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SUIl'E 100
SAN JOSE, CA 95131
0408-467-9100
0408 467-9199 (F'AX)
Sub teet CNJlJAZAS PLACE
ZON NG PLAT MAP - LOT 5
Job No. 20056051
By RO Oate 03/08/06 Chkd.JM
SHEET 5 OF 6
-
/I _,"-
9' -.3:{
.Bkf
March 8, 2006
BKFNo.2oo56051-10
I'age 1 of 2
r.-,Sua_,"-tS
EXHIBIT "A"
LEGAL DESCRIPI10N
FOR ZONING PURPOSES
LOTS
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Valleo Parkway, being 110.00 feet in width,
said point being at the easterly tenninus of the course "South 89031' 44" West 215.03 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Map.
Thence along said southerly line of said Parcel 3, South 89"31'44" West 215.03 feet to the
beginning of a curve'to the left having a radius 595.00 feet;
Thence westerly along said curve through a central angle of 32013'39", and an arc length of
334.67 feet;
Thence North 58014'37"West 170.97 feet to a point on the westerly line of said Parcel 3, to the
beginning of a non-tangent curve, concave to the northwest, having a radius of 372.50 feet, from
said point a radial line bears North 29026'28" West;
Thence northeasterly, along said curve, through a central angle of 27037' 18" and an arc length of
179.58 feet;
Thence North 32056' l1''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:
I) South 57025' 17"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;
9-33
Page 2 of2
6) North 44029'36''East 42.96 feet;
7) North 82058'21''East 49.67 feet;
8) South 05057"28''East 117.69 feet;
9) North 83032'59''East 56.23 feet to a point on the easterly line of said Parcel 3, said point also
being a non tangent curve, eoncave 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:
I) South 06012'37" East 320.00 feet;
2) South 00028' 16" East 14.00 feet; to the beginning of a curve to right, having a radius of 25.00
feet;
Thence southwesterly, along said curve, through a central angle of 90000'00" and an arc length
of39.27 feet to the point of BEGINNING.
Lot 5 contains an area of 254,379 square feet (5.84 acres) more or less.
K:\ENGOS\OS60S1\DWG\EXHlBlTSILegal DescriptiODl\LotS.doc
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981 RIDDER PARK DR1\IE
SUIl'E 100
SAN JOSE, CA 95131
408-487-9100
0408 467 9199 (F'AX)
Subjec't CNJlJAZAS PLACE
ZON1NG PLAT MAP - LOT 6
Job No. 20056051
By RO Date 03/08/06 Chkd.JM
SHEET 6 OF 6
.~~BkF
~.'
9-35"
.BkJ
March 08, 2006
BKFNo.2oo56051-10
Page 1 of2
ElII._,__.~
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 6
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3. as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point at the most northwesterly comer of said Parcel 3, said point also being
on the southwesterly line of Junipero Serra Freeway (State Highway 280) as shown on said
Parcel Map.
Thence along said southwesterly line of Junipero Serra Freeway (State Highway 280) South
57002'38" East 298.28 feet to a point on the easterly line of said Lot 6, said point also being the
beginning of a non-tangent curve concave to the east, having a radius of 600.00 feet, from said
point a radial line bears South 68039'51" East;
Thence southerly along said curve, through a central angle of 25000'47", and an arc length of
261.94 feet.
Thence leaving said easterly line, the following nine (9) eourses:
I) 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;
'1-3{'
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 8. 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:\ENGOS\056051\DWGIEXHmITS\Legal DescriptionslLot6.doc
Page 2 of 2
9-37
RESOLUTION NO. Of
ATTACHMENT 7
draft resolution calling general
municipal election November 2007
Toll Brothers
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 6, 2007, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE 1977 (TOLL BROTHERS)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1977 (Toll Brothers); and
WHEREAS, the referendum petition contained sufficient signatures to qualifY the
question for the ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A general municipal election is called for November 6, 2007, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1977, an Ordinance of the City Council of the
City of Cupertino rezoning a 32.58 gross acre parcel from Planned YES
Industrial Zone, P(MP), to Planned Residential and Commercial,
P(Res, Com), and Public Park, PR, located at north of Stevens Creek
Boulevard and south of 1-280 between Tantau Avenue and Finch NO
Avenue (Toll Brothers), be approved?
2. The text of Ordinance No. 1977 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, July 16, 2007, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, July 26,2007, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
9-3t'
Resolution No. 06-_ (Toll Brothers)
Page 2
6. The City of Cupertino requests that this special election be consolidated with the
general municipal election of November 6, 2007, and this governing body consents to
such consolidation;
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this _ day of 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
9-.3 9
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
(TOLL BROTHERS)
WHEREAS, an application was received by the City (Application no. Z-2005-04) for the
rezoning of a property to Planned Residential and Commercial, I'(RES, COM) and Public Park
(PR); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended denial of the rezoning, deferring the decision to the City Council; and
WHEREAS, a map and legal description of the subject property is attached hereto as
Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section I. That the property described in attached Exhibit A is hereby rezoned to
Planned Residential and Commercial, 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.
fNTRODUCED at a regular meeting of the City Council of the City of Cupertino the "fh
day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 21" day of March, 2006, by the following vote:
Vote
Members ofthe City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
Kwok, Wang
None
None
. ~
~
APPROVED:
,,?J.!\ .t.~,
Mayor, City of Cupertino .
ATTEST:
EXHIBIT A
ORD. 1977
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SCALE l' = 1 00'
981 RIDOER PARK DRIVE
SUIl'E 100
SAN JOSE, CA 95131
0408-467-9100
408-467-9199 (F'AX)
SUb{eet CALABAZAS PLACE
ZON NG PLAT YAP - LOT 1
Job No. 20056051
By RO Oate 03/08/06 Chkd.JU
SHEET 1 OF 6
9-1/1
..Bkf
, ' . ..
March 8, 2006
BKFNo.2oo56051-1O
Page I of2
... ,__t"-
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOTI
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most northerly comer of said Parcel B, said point also being the beginning
of a non tangent curve, concave to the south, having a radius of 595.00 feet, from which point a
radial line bears South 03020'52" West;
Thence easterly along said curve and along the southerly line of Vallco Parkway 110.00 feet in
width, as shown on Parcel Map, filed August 3, 1987 in Book 576 of maps at page 31 and 32,
Records of Santa Clara County, through a central angle of 28024'31" and an arc length of 295,02
feet;
Thence South 58014'37" East 5.00 feet to the beginning of a curve to the right, having a radius
of 30:00 feet;
Thence southerly along said curve through a central angle of 90000'00" and arc length of 47.12
feet to a point on the easterly line of said Parcel B;
Thence South 31045'23" West 0.15 feet to the beginning of a curve, having a radius of 888.00
feet;
Thence southerly along said curve through a central angle of 18038'40" and an arc length of
288.96 feet to a point on the easterly line of said Parc~1 B;
Thence leaving said westerly line of said point on the easterly line of said Parcel B the following
three (3) courses:
I) 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,
;'i~t{ ~
Page 2 of 2
Lot I contains an area of 106,696 square feet (2.45 acres) more or less.
K:\ENG05\05605I\DWGlEXHIBITS\Legal DescriptiOD5\LoII.doc
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981 RIDDER PARK DRIVE
SUIl'E 100
SAN JOSE, CA 95131
408-467-9100
0408 467 9199 (F'AX)
Sub 1 ect CALABAZAS PLACE
ZONING PLAT MAP - LOT 2
Job No. 20056051
By RO Oate 03/08/06 Chkd.JM
SHEET 2 OF 6
~BkF
9-Itt-(
.Bkf
March 8, 2006
BKFNo.2oo56051-10
Page 1 ofI
_'_IIS'~
EXHIBIT "A"
LEGAL DESCRIPI10N
FOR ZONING PURPOSES
LOT 2
All that certain real property situate in the City of Cupertino, County of Santa Clara. State of
California, described as follows:
Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier &
Wright, job #89189-23, described as follows:
BEGINNING at the most southwesterly comer of said Parcel B; said point also being the
southerly tenninus of the course "North ooo24'oo"West 527.77 feet" of the southerly line of
Parcel B, as shown on said Parcel Map.
Thence along said southerly line of said Parcel B the following two (2) courses:
I) North 00024'00"West 434,57 feet;
2) North 89031'44" East 371.56 feet to a point on the easterly line of said Parcel B. said point
also being the beginning of a non-tangent curve, concave to the southeast, having a radius of
888.00 feet, from said point a radial line bears South 76053' 17" East;
Thence southerly along said curve through a central angle of 13036'53" and an arc length of
211.01 feet;
Thence South 00"30'10" East 200.19 feet to the beginning of a curve to the right having a radius
of 25.00 feet;
Thence southwesterly along said curve through a central angle of 90006' 10" and an arc length of
39.31 feet to a point on the southerly line of said PlUt(el B;
Thence South 89036'00" West 322.34 feet to the Point of BEGINNING.
Lot 2 contains an area of 152,462 square feet (3.5 acres) more or less.
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0408-467-9100
0408-467-9199 (F'AX)
SCALE l' = 100'
Sub j eet CALABAZAS PLACE
ZONING PLAT MAP - LOT 3
Job No, 20056051
By RO Date 03/08/06 Chkd .J"
SHEET 3 OF 6
~BkF
9-4'~
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March 8, 2006
BKF No. 20056051-10
Page lof2
&lGtNIUS. SURVUOlSi PLAWUS
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 the 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:
I) North 00030'10' 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 feetto the beginning of a curve to the right having a radius of
30.00 feet;
4) Northeasterly along said curve through a central angle of 90000'00", and an arc length of
47.12 feet to a point on the southerly line of Vallco Parkway being 110.00 feet in width, as
shown on said Parcel Map;
Thence South 58014'37" East 362.70 feet to the beginning of a curve to the left having a radius
of705.00 feet;
Thence easterly along said curve through a central angle of 20039'53", and an arc length of
254.27 feet;
Thence leaving said southerly line of Vallco 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;
'l-Lfl
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) CO\lPles:
I) Westerly along said curve through a central angle of 04011 '27", and an arc length of 146.29
feet to the beginning of a reverse curve having a radius of2000,OO 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:\ENG05\OS60S 1 IDWGlEXHlBITSlLegal DescriptionsILot3.<Wc
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SUIl'E 100
SAN JOSE, CA 95131
0408-467-9100
0408-467-9199 (FAX)
SUb~eci ~ PLACE
ZON NG PLAT MAP - LOT 4
Job No, 20056051
By RO Dote 03/0a/06 Chkd.JM
SHEET 4 OF 6
-,"-
'1-99
.Bkf
March 8, 2006
BKF No. 20056051-10
Page lof2
--,~-
. EXHIBIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 4
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed August 3, 1987 in Book 576 of Maps
at Pages 31 and 32, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Stevens Creek Boulevard varying in width, said
point also being me easterly tenninus 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 Vallco 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 11033'46", 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;
9 ---?1)
Page 2 of2
Thence southwesterly along said curve through a central angle of 90000'00" and an arc 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:\ENGOSIOS60S1\DWG\EXHffiITS\Legal DescriplionslLo14.doc
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Z<>>I NG PLAJ MAP - LOT 5
Job No, 20056051
By RO Date 03/08/06 Chkd.JM
SHEET 5 OF 6
'1-~J.-
.Bkf
March 8, 2006
BKFNo.2oo56051-1O
I>age 1 of2
.~'~PIMMU
EXHIBIT "A"
LEGAL DESCRIPI10N
FOR ZONING PURPOSES
LOTS
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Vallco Parkway, being 110.00 feet in width,
said point being at the easterly tenninus 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' 11 "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 57025'17''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;
'1-53
Page 2 of2
6) North 44029'36''East 42.96 feet;
7) North 82058'21''East 49.67 feet;
8) South 05057"28''East 117.69 feet;
9) North 83032'59"East 56.23 feet to a point on the easterly line of said Parcel 3, said point also
being a non tangent eurve, 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:
I) South 06012'37" East 320,00 feet;
2) South 00028' 16" East 14,00 feet; to the beginning of a curve to right, having a radius of 25,00
feet;
Thence southwesterly, along said curve, through a central angle of 90000'00" and an arc length
of 39.27 feet to the point of BEGINNING.
Lot 5 contains an area of 254,379 square feet (5.84 acres) more or less.
K:\ENGOS\OS60S IIDWG\EXHIBlTS\Legal DcscriptioD&\LolS.doc
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ZONING PLAT MAP - LOT 6
Job No. 20056051
By RO Oate 03/08/06 Chkd.JM
SHEET 6 OF 6
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0408-467-9100
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EXHIBIT "A"
LEGAL DESCRIPrION
FOR ZONING PURPOSES
LOT 6
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps
at Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point at the most northwesterly comer of said Parcel 3, said point also being
on the southwesterly line of Junipero Serra Freeway (State Highway 280) as shown on said
Parcel Map.
Thence along said southwesterly line of Junipero Serra Freeway (State Highway 280) South
57002'38" East 298.28 feet to a point on the easterly line of said Lot 6, said point also being the
beginning of a non-tangent curve concave to the east, having a radius of 600.00 feet, from said
point a radial line bears South 68039'51" East;
Thence southerly along said curve, through a central angle of 250()()' 47", and an arc length of
261.94 feet.
Thence leaving said easterly line, the following nine (9) courses:
I) 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;
9 -5"k,
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 a. 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\056051\DWG\EXHlBlTSILegal DeacriplionslLot6.doc
Page 20f2
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2006 Referenda Petitions
Valleo Condominiums
and
Toll Brothers Development
Council Action and Next Steps
· On May 16, 2006, the City Council
accepted the certificate of sufficiency for
both referenda petitions (Vallco & Toll
Brothers)
· Council may now choose to rescind one or
both ordinances
· If an ordinance is not rescinded, it must be
put to a vote of the people
Council question - What was the initial cost of
putting the initiatives on the ballot?
· I n the election of 2005 there were three initiative
measures which were consolidated with City's
regular municipal election.
· The initial estimate given by the county was
$231,561. (Estimates assume that the City will
pay the entire base cost per page cost)
· The actual amount paid by the city was
$170,242. (The city shared the base costs with
the Foothill/DeAnza College District and
Cupertino Union School District)
Council question - what assumptions were
made for basing costs? Will there be increased
staff costs, etc.?
The County Registrar of Voters could only provide an
estimate for November 2006. Their assumptions
included:
· The number of registered voters would increase by 1 00/0
from the time the estimate was requested in May
· That the measure would be 15 pages
· That the measure would be 7 pages
· That the City would pay the entire base cost of $3.00 per
voter for the first issue, and $0.75 per voter for the
second issue. (Actual costs are lower but cannot be
calculated until after the election).
The City Clerk created a rough estimate of the 2007 costs.
Those estimates used the same number of voters, base
costs, and per page costs.
There may be inflationary costs increases as well as
increase in the number of voters. However, the County
was not able to provide any information at this time
about anticipated increases in 2007.
Council question - What is the voter turnout
for a gubernatorial election vs. a municipal
election (odd year vs. even year)?
· Voter turnout is higher in gubernatorial and presidential
elections
· Voter turnout was high during the Cupertino initiative
election of 2005
· Voter turnout is lower during regular Cupertino UDEL
elections
· The following chart summarizes Cupertino voter turnout
DATE TYPE OF BALLOT REGISTERED VOTER
ELECTION MEASURES VOTERS TURNOUT
11/4/90 General Measure T and 22,461 67.1%
Gubernatorial Advisory U
11/5/91 UDEL Council 22,470 35.1%
11/2/93 UDEL & Special Council & 24,063 46.3%
Statewide Statewide
Special
11/7/95 UDEL Council 22,224 32.8%
11/4/97 UDEL Council & 22,121 26.1%
Measure C,
Term Limits
11/3/98 Special Rancho 2,150 64%
Consolidated Rinconada;
Gubernatorial Measures Wand
X
11/2/99 UDEL Council 22,883 33,6%
3/7/00 Presidential Measure A 23,541 58%
Primary
11/6/01 UDEL Council and 23,989 31%
Garden Gate
Measure D
3/5/02 Primary Measure M - 24,769 36%
Gubernatorial UTT
11/4/03 UDEL Council 25,765 27.2%
11/8/05 UDEL Council & 25,421 59,7%
Initiatives
Election Costs
· Election costs vary depending upon the
type of election
· Stand-alone elections are the most costly
· "Special election" refers to any election
held other than the regularly-scheduled
election. A special election can be cost-
effective when consolidated with another
election
Available Election Dates
· November 2006 (General Election)
- Estimated cost $217,859
· November 2007 (UDEL Election*)
- Estimated cost $224,781. Note - estimate
does not include cost of Council race
· A stand-alone date to be chosen by
Council, at least 88 days in the future
- Estimated cost $454,315
*Uniform District Election Law. Includes school
districts and most cities, including Cupertino.
Election Costs To Date
· A cost of $4,477.00 has been incurred for
petition signature validation
· No other costs will be incurred until the
cut-off date of August 11, when ballot
preparation begins
Base Costs by Election Type
Base cost General UDEL Stand-Alone
Per voter Election Election Election
First Issue $2.00-$3.00 $6.00-$8.00 $8.00-$12.00
Each $0.75 $2.00 $3.00
additional
Issue
COMPARING MEASURE COSTS
Consolidated Elections in 2006 VS. 2007
2006
1 st issue (measure A)
2nd issue (measure B)
Page cost (measure A)
Page cost (measure B)
Total for both measures in 2006
3.00 per voter $3.00 x 27,688 = $ 83,064
0.75 per voter .75 x 27,688= 20,766
36,282
77 ,747
$217,859
2007
1st issue - Council seats
2nd issue (measure A)
3rd issue (measure B)
Page cost (measure A)
Page cost (measure B)
Total for both measures in 2007
not shown in this example
$2.00 x 27,688 = $ 55,376
$2.00 x 27,688= 55,376
36,282
77 ,747
$224,781
8.00 per voter
2.00 per voter
2.00 per voter
Direction to Staff
Vallco Condominiums
· Conduct the first reading of an ordinance to repeal
Ordinance No. 1975; or
· Call an election on Nov. 7, 2006; or
· Call an election on Nov. 6, 2007
Toll Brothers
· Conduct the first reading of an ordinance to repeal
Ordinance No. 1977; or
· Call an election on Nov. 7, 2006; or
· Call an election on Nov. 6, 2007