Ordinance 1230
ORDINANCE N0. 1230
AN ORDINANCE. OF THE CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 26 ACRES
FROM P ZONE TOP ZONE (WITH HOTEL INTENT); LOCATEp ON
THE SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND
DE ANZA BOULEVARD
THF. CITY COUNCIL. OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS
WIIEREAS, on Feb niary 11, 1983, an application was filed by Cupertino
City Center (Prometheus Development) (Application 2-Z-83) for the rezoning
of property from P (Planned development with residential, commercial and
office use intent) Zone [o zoning district to P (Planned Development with
residential, commercial, office, industrial and hotel intent) Zone; and
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the Rezoning be granted;
I111EREAS, the property to be rezoned is presently in a P (Planned
Uevelopment with residential, commercial and office use intent) Zone; and
WfIEREAS, a map of the subject property is attached hereto as Exhibit
"B" as a proposed amendment to the Master Zoning Map of the City of Cupertino.
NUW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit "A" be anJ
tlic same as rezoned to a P (Planned Development with Residential, Commercial. Office.
T*+~rratrial and Hotel Intent) Zone, subiect to the conditions listed in attached
Exhibit "C"; and that Exhibit "B" attached hereto is made part of the Master
Zoning Map of the City of Cupertino.
Section 2. Tlris ordinance shall take effect and be in force thirty
(30) nays after its passage.
IN'fRODUCF.D at a regular meeting of the City Council of the City of
Cupertino this _1q Ft, day of ~~, 1983 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this ~L day of
_~~IS 1983 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NU ES: None
ABSENT: None
ABSTAIN: ,gone
Ordinance No. 1230
OR,t N0. 119168
DESCRIPTION
PARCEL ONE:
BEGINNING at an iron pipe in the center line of Stevens
Creek Road (60 feet in width) distant thereon North 89° 59'
East, 653.40 feet from the. point of intersection of the
center line of Stevens Creek Road, with the center 1].ne of
the Saratoga and Sunnyvale Road, said point of beginning
being also the Northwesterly corner of that certain 10.166
acre tract of land distributed to Effie Sutherland, et al,
by Decree of Distr]bution entered in the Superior Court on
February 20, 1933 in the Matter of the Estate of Daniel
Sutherland, deceased, Estate No. 18322, a certified copy of
which Decree was recorded on March 8, 1933, in Book 638 of
Off ].c;.al Records, at page 505; running thence along the
Westerly line of the aforementioned 10.16b acre tract South
~170.OD feet to the Eastern termination of the Southern 1'].ne
~f' Cal] Avenue as shon upon that certain Map entitled, "Map
oP the Cal] Subdivision", which Map was filed for record on
?darcti 6, 1928, Sn Book W of Maps, at page 36; running thence
Easterly at r].ght angles to the Western line of the 10.166
acre tract of land above referred to, 40.00 feet; thence
.7ortherly and .parallel with the Western line of said 10.166
acre tract, 470.00 feet to the center line of Stevens Creek
Roma (60 feet in width); thence Westerly along the center
1'ne of said Stevens Creek Road, 40.00 feet to the point of
beginning, being a portion of the Southeast 1/4 of Section
13, Township 7 South,. Range 2 West, M.D.B. & M.
EXCEPTING THEREFROM the Northerly 75 feet.
PARCEL TWO:
flEGItJNING at the Southeasterly corner of Lot 42, as said Lot
is shown upon that certain Map entitled, "Cali Subdivision",
filed for record on March 6, 1928 in Book W of Maps, at page
36; running thence North along the East line of said Lot 42,
a distance of 196.60 feet to the Northeasterly corner
thereof; running thence East ac right angles. 40.00 feet;
running thence south at right angles 196.60 feet; thence
running West ac right angles U0.00 feet to the point of
beginning, being a portion of the Southeast 1/4 Section 13,
Township 7 South, Range 2 West, M.D.B. & M.
-4-
PARCEL THREE:
ORDER NO. 119168
BEGINNING at a point in the center line of .Stevens Creek
Road, distant thereon North 89° 59' East 693.4-.feet from
the point of intersectioon of the center line of Stevens
Creek Road with the center line of Saratoga and Sunnyvale
Roa~9, said point of beginning also being the Northeasterly
corner of that certain parcel of land described as Parcel 1
in the Deed from Effie Sutherland to Rosario Cali, dated
January 2, 1942, recorded January 2, 1942 in Book 1077 of
')ffic.tal Records, page 378, Santa Clara County Records;.
running thence North 89° 59' East along the said center line
of Stevens Creek Road, 183 feet to the Northwesterly corner
of that certain 3.413 acre tract of land described as Parcel
1 in the Deed from C. Sutherland, et al, to Joseph Cali, et
ux, dated May 8, .1945, recorded May 23, 1945 in Book 1269 of
)fficlal Records, page 21, Santa Clara County Records;
running thence south along the Westerly line of said 3.413
acre tract 666.6 feet to the Southwesterly corner thereof on
the Northerly line of that certain 30 acre tract of land
described in the Deed from Daniel Sutherland to J. C.
t;artin, dated June 27, 1900, recorded June 28, 1900 in Book
233 of Deed, page 38, Santa Clara County Recor.9s; running
thence South 89° 59' West along said last named line 183
f••~ t.o the Southeasterly corner of that certain parcel of
19iia described in the Deed from Eupmauia D. Sutherland to
Robert Burns dated September 21, 1944, recorded July 5, 1946
under recorders serial number 411504, Santa Clara County
Records; running thence North along the Easterly line of the
land so described in the Deed to said Burns and along the
Easterly line of the land firstly above mentioned in the
Dee.9 to said Cali, 666.6 feet to the point of beginning,
being a portion of the Southeast 1/4 of Section 13, Township
7 South, Range 2 West, M.D.B. & M.
EXCEPTING THEREFROM the Northerly 75 feet thereof.
PARCEL FOUR:
PORTION of an abandoned alley way and all of Lot 1 to 8,
inclusive, as said alley way and Lots are shown upon that
certain Map entitled, "Map of the Cali Subdivision", which
Map was filed for record in the Office of the Recorder of
the County of Santa Clara, State of California, on March 6,
1928 in Book "W" of Maps, at page 36, being more particularly
described as follows:
-5-
. O~R tJO. 119168
BEGInnINO at the Northwesterly corner of said Lot 1 in the
Eti;terly line of l4ountain Vlew a ml Saratoga Road (60.00 feet
wide) as sari road is shown upon said Map; thence South 8y°
57' East 115.00 feet to a point; thence South 320 feet to a
point on the northerly line of California Avenue. as said
avenue is shown upon said Map; thence along said Northerly
line, North 89° 57' West 115.00 feet to the Southwesterly
corner of said Lot 8; thence along the Westerly line of Lots
1 to 8 inclusive, North 320.00 feet to the point of beginning..
EXCEPTING THEREFROM the Westerly 6.00 feet thereof as
granted by Giuseppe Cali, et al, to the State of California
by Deed recorded March 1, 1957 Sn Book 3741 of Official
Records, page 609.
qLS~ EXCEPTING THEREFROM, portion of Lot 1, as Bald lot is
shown upon that certain map entitled, "Map of the Cali
Subdivision" which Map was filed for record in the Office of
the Recorder of Santa Clara County on March 6, 1y28 in Book
"W" of Maps, at page 36, being more particularly described .
as follows:
COt~1MENCING at the northeasterly corner of that 6.00 foot
strip parcel of land described in the deed to the State of
Cal ifornla recorded March 1, 1957 in Book 3741, page 609 of
~ffi'cial Records, of said County; thence along the easterly
line of sai~9 strip, S. 0°10'05" E., 71.00 feet; thence at
right angles N. 89°44'55" E., 10.00 feet; thence at right
angles N. 0°10'05" W•, 71.00 feet to the northerly line of
sail Lot 1; thence along last said line S. 89°49'55" W•,
10.00 feet to the point of commencement.
PARCEL FIVE:
PORTIONS OF two abandoned alley ways and Cali Avenue and all
of i.ots 9 to 27 inclusive, Lots 30 to 36, inclusive, and Lot
41 and portions of Lots 40 and 42, as said alley, avenue and
lots are shown upon that certain Map entitled, "Map of the
Cali Subdivision", which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State
of California, on March 6, 1928 in Book "W" of Maps, at page
3t, being more particularly described as follows:
bEOItJNING at a point on the Southerly line of Cupertino
Avenue, as said Avenue is shown on said Map, which bears
north 89° 57' West 13.00 fet from the most Northwesterly
corner of said Lot 9; thence south 89° 57' East along the.
northerly line of Lot 9 to 27, inclusive, and their Easterly
anal Westerly prolongations 508.40 feet to the Easterly line
of Cali Subdivision; thence along the Easterly line, South
3~a5.00 feet to a point In the center line of said Call
Avenue; thence along the said center line North 89° 57' West
50.OU feet to a point;
-6-
ORDER NO. 119168
thence South and parallel with the said Easterly line of
Cali Subdivision and 50.00 feet Westerly therefrom, 221.60
feet to the Southerly line of said subdivision; thence along
ttie said Southerly line, North 89° 57' West 310.40 feet to a
point which bears South 89° 57' East 13.00 feet from the
Southwesterly corner of said Lot 40; thence North, parallel
with and 13.00 feet from .the said Westerly line of iot 40, a
distance of 221.00 feet to the centerline of said Cali
Avenue; thence along the said centerline North 89° 57' West
13.00 feet to the point of intersection with the prolongation
Southerly of the Westerly line of said l,ot 30; thence along
sari prolongation and said Westerly line and its prolongation
Northerly 185.00 feet to the Centerline of an abandoned
alley; thence along the centerline of an abandoned alley
Westerly 135 feet to the centerline of an abandoned alley
running North and South through said Subdivision; thence
!forth along the last said centerline, 160.00 feet to the
paint of beginning.
PARCEL SIX:
PORTi0tJ of Lot 28 and portions of two abandoned alley ways,
as said lot and alley ways are shop upon that certain Map
entitled, "Map of the Cali Subdivision", which Map was filed
^or record in the Office of the Recorder of the County of
Santa Clara, State of California, on March 6, 1928 in Book
"W" of Maps, at page 36, and being more particularly described
as follows:
BEGINNING at the intersection of the Southwesterly corner of
that certain parcel of land described in the Deed to G.
Cali, recorded October 14, 1940 in Book 1005 of Official
Records, at page 344, with the Northerly line of Cali Avenue.
as said Avenue is shown upon the Map of said Cali Subdivision;
thence along. the said Northerly line, North 89° 57' West,
75.00 feet to a point in the centerline of an abandoned
alley way; thence tJorth along the said centerline, 160.00
feet to the centerline of an abandoned alley way'; thence
along the centerline of adi alley way South 89° 57' East
7`•~,U feet to the Northwesterly corner of said Cali Parcel;
t. t, nue South along the Westerly line of said Call parcel,
160.00 feet to the point of beginning.
PARCEL SEVEN:
PORTION of Cupertino Avenue (said portion now being abandoned)
as said Avenue is shown upon that certain Map entitled, "Map
of the Cali Subdivision", which Map was filed for record in
ttrP Office of the Recorder of the County of Santa Clara,
Cal ifornla, on March 6, 1928 in Book W of Maps, page 36, and
more particularly described as follows:
ORDER N~119168
f+EUINNING at the Northeasterly corner of Lot 27, as sari lot
1s shown upon the Map hereinabove referred to, sa Li point
also being on the Southerly line of said Cupertino Avenue;
thence North along the Northerly prolongation of the Easterly
line of said Lot 27, a distance of 40 feet to a point on thc:
tJortt~erly line of said Cupertino Avenue; thence south 89°
57' East along said last named line 23.4 feet to the Northeast-
erly corner of said Cali Subdivision; thence South along
tt~e Easterly line of said Cali Subdivision, 40 feet to the
point of intersection thereof with the Southerly line of
sari Cupertino Avenue; thence along said last named line
tJorth 89° 57' West, 23.4 feet to the point of beginning.
EXCEPT the interest in the Norhterly 15 feet thereof conveyed
to tt~e City of Cupertino forpublic roadway purposes by
instrument recorded April 20, 1966 in Book 7353 of Official
Records, page 728.
PARCEL EIGHT:
ALL ~F LET 29, and a portion of Lot 28, and a portion of an
unnamed alley, now abandoned, as shown upon that certain Map
?ntltled, "t4ap of the Cali Subdivision", which Map was filed
for record in the office of the Recorder of the County of
Santa Clara, California on March 6, 1928 in Book W of Maps,
at page 36, and more particularly described as follows:
BEGINNING at the Southeast corner of said Lot 29; running
thence North 89° 67' West along the Southerly line of said
Lot 29, and said Lot 28, a distance of 60 feet to a point
which is 10 feet Westerly from the dividing line between
sari Lot 28 and 29; thence North, parallel with said dividing
Iine and Its Northerly prolongation, a distance of 160 feet
to a point in the centerline of sari unnamed alley; thence
South 89° 57' East, along said last named line, a distance
of 60 feet to the point of intersection thereof with the
Northerly prolongation of the Easterly line of said Lot 29;
thence South along said prolongation and along said Easterly
line 160 feet to the point of beginning.
PARCEL NINE:
PORTION of Lot 42, as shown upon that certain Map entitled,
"Map of the Cali Subdivision being a part of the Southeast
]/4 of Sec. 13 Township 7 South Range 2 West, M.D.M., Santa
i:lara County, Calif.", which Map was filed for record in the
office of the Recorder of the County of Santa Clara, Stat•.e
of California, on March 6, 1928, in Volume "W" of Maps, at
page 36, and more particularly described as follows:
BEGINtJZNG at a point on the Southerly line of Cali Avenue at
the Northeast corner of Lot 42, and running thence Westerly
and along the Southerly line of Cali Avenue 50 feet; thence
Southerly an<i parallel with the Easterly line of i.ot 42,
196.6 feet to a point in the Southerly line of Lot 42;
thence Easterly and along the Southerly line of Lot 42, 50
feet to the Southeast corner of said Lot 42; thence Northerly
an~i along tYie Easterly line of I~ot 42, ]yb.6 feet to the
I,otnt of beY*,inning.
PARCEL TEtJ:
OI~H 1J0. 119168
A POR'PIOId OF CALI .AVENUE (nuw abandoned) as shown upon that
certain Map entitled, "hiap of the Cali Subdivision", which
Map was filed for record in the Office of the Recorder of
ttie County of Santa Clara, State of California, on March 6,
1y28 in Book "W" of Maps, at page 36, being more particularly
described as follows:
BEGINNING at a point in the Southerly line of Cal i. Avenue at
the Northeast corner of Lot 42, and running thence Westerly
an~i along the Southerly line of Cali Avenue 50 feet; thence
Northerly and parallel with the Northerly prolongation of
the Easterly line of Lot 42, 25 feet to the centerline of
said Cali Avenue; thence along the center line of Call
gvenuP, South 89° 57' East 50 feet to the intersection of
sa ri centerline of Cali Avenue, with the Northerly prolongation
of the Easterly line of said Lot 42; thence Southerly along
saint tortherly prolongation of Lot 42, 25 feet to the point
cf beginning.
F.ARCEL ELEVEN:
THAT PORTION OF LOT 39 and 40, as shown upon that certain
tdap entitled, "Map of the Cali Subdivision, being a part of
thP'Southeast 1/4 of Section 13, Township 7 South Range 2
'nest, M.D.M.", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of
t;alit'ornla, on March 6, 1928 in Book "W" of Maps, page 36
an~i more particularly described as follows:
BEGINNING at the Northwesterly corner of said lot 39; thence
Easterly along the Northerly line of said Lot, a distance of
49.00 feet to the true point of beginning; thence Southerly
and parallel with the Westerly line of said Lot 39, a
distance of 196.60 feet to the Southerly line of said lot;
thence Easterly along the Southerly line of sai~9 lot, a
,9lstance of 36.00 feet to the Southwesterly corner of Lot
40; thence Easterly along the Southerly line of said Lot 4U,
a distance of 13.00 feet; thence Northerly and parallel with
the Westerly line of said lot 40, a distance of .221.00 feet
to the center of Cali Avenue (now abandoned); thence Westerly
along said center line 13.00 feet to the Northerly prolongation
of the Westerly line of Lot 40; thence Southerly along said
;;rolongation 25.30 feet, more of less, to the tortheast corner
of said Lot 39; thence Westerly along the Northerly line of
said T,ot 39, a distance of 36.00 feet to the true point of
beginning.
PARCET. TWELVE:
BEGINNING at the Northeasterly corner of Lot 27, as said lot
is shown upon that certain Map entitled, "Map of the Call
Subdivision", which Map was filed for record in the Office
of the Recorder of the County Recorder of Santa Clara
:;ounty, in Volume W of Maps, at page 36; thence Westerly
along the Southerly line of Cupertino Avenue North 89° 57' West
-9-
ORDER NO. 11916ti
560.30 feet to its intersection with a circular curve to the
right, with a radius of 50.00 feet and whose center is
113.00 feet due East of the centerline of Saratoga-Sunnyvale
(toad and South 0° 03' West, 125.00 feet from tl~e mounument
line on Stevens Creek Boulevard, said point of intersection
having a tangent bearing of North 30° 03' East; thence along
sai~9 circular curve to the right thru a central angle of 60°
UO' for a length of 52.36 feet; thence on a tangent line
parallel to the monument line in Stevens Creek Boulevard and
75.OU feet southerly thereof as measured at right angles to
sai:J monument line south $9° 57' East 517.00 feet more of
leis to a point on the Northerly prolongation of the Easterly
line of said Lot 27 of the Cali Subdivision; thence along
said prolongation, due South, 25.OU feet to the point of
beginning.
PARCEL THIRTEEN:
BEGINNItJO at a point in the center line of the Stevens Creek
fioad.which bears North 89° 59' East 223.0 feet from the
Northwesterly .corner of that certain 10.166 acre tract of
land distributed to Effie Sutherlan~j, et al, by Decree
entered in the Superior Court of the State of California, in
an~9 for the County of Santa Clara, on February 20, 1y33 in
thN Matter of the Estate of Daniel Sutherland, deceased, a
certified copy of which Decree was recorded on Mareh 8, 1933
in Book 63>j Off icial.Records, at page 505, Records of Santa
Clara County, California; thence running along the center
l.tn~: of the Stevens Creek Road, North a9° 59' East 223.0
feet to a point; thence South 666.6 feet to an iron pipe in
the North line of that certain 30 acre tract of land conveyed
by Daniel Sutherland, to J. C. Martin, as recorded In Book
233 of Deeds, at page 38, Records of sail county of Santa
Clara; thence along said North line of said 30 acre tract of
lanc9, South ti9° 59' West 223.0 feet to an iron pipe; thence
North 666.6 feet to the place of beginning, and being a part
of the North 1/2 of the Southeast 1/4 of Section 13 in
Township 7 South, Range 2 West, Mount Diablo Base and
Meridian, Santa Clara County, California.
EXCEPTING THEREFROM the following described tract of land:
BEGINNING at a point In the South line of the Stevens Creek
Jtoad which bears North f39° 59' East 223.0 feet from the road
which bears North 89° 59' East 223.0 feet from the point of
intersection of the South line of the Stevens Creek Road.
with the We3t line of the 10.166 acre tract of land distributed
r.o Effie Sutherland, et al, by Decree of Distribution entered
-10-
ORDER N0. 119168
in the Superior Court of the State of California, in and for
the [:ounty of Santa Clara, on February 20, 1933 in the
Hatter of the Estate of Daniel Sutherland, deceased, a
certified copy of which Decree was recorded on March 8, 1933
In Book 638 Official Records, at page 505, Records of Santa
(:lara County, California; thence running along the South
line of the Stevens Creek Road, North 89° 50' East 223.0
feet to a point; thence South 30.0 feet to a one inch iron
pipe; thence parallel with the South line of the Stevens
Creek Road, South 89° 59' West 223.0 feet to an iron pipe;
thence North 30.0 feet to the place of beginning, and being
a part of that certain tract of land conveyed by Daniel
Sutherland to the San Jose-Los Catos Interurban Railway
which was recorded in Book 334 of Ueeds, at page 356,
Records of Santa Clara County, California.
qLS~ EXCEPTZNO THEREFROM the interest conveyed to the City
of Cupertino, for public roadway purposes by instrument
recorded April 2y, 1966 in Book 7353 Official Records, page
723, in and to the following described parcel of land:
bEGIFdNING at the point of intersection of the Westerly line
o" that certain parcel of land described as Parcel One in
the Geed to Joseph Cali, et ux, which Deed was filed for
rrcor.i in the Office of ttie Recorder of the County of Santa
Clara, State of California on May 23, 1945 in Book 1269 of
~~fficial Records, at page 21, with a line which is parallel
w.tth the centerline of Stevens Creek Road (60.00 feet wide)
and distant Southerly 60.00 feet when measured at right
anfles therefrom; thence along said parallel line Easterly
446.00 feet to a point In the Easterly line of that certain
parcel of land described as Parcel .Two in the abovesald Deed
to Joseph fall, et ux; thence along said Easterly line
Southerly 15.00 feet to a point in a line which is parallel
with the aforesaid centerline of Stevens Creek Road and
.9lstant Southerly 75.00 feet when measured at right angles
therefrom; thence along said parallel line Westerly 446.00
feAt to a point in the Westerly line of Parcel One hereinabove
first referred to; thence along said Westerly line Northerly
15.00 feet to the point of beginning.
PARCEL FOURTEEN:
BEGItJNING at a point in the center line of the Stevens Creek
Road at the Northwesterly corner of that certain 39.788 acre
tract of land conveyed by Daniel Sutherland and Emma Sutherland,
his wife, to 0. W. Worthen and F. F. Britton, by Ueed date d
June 30, 18137 and recorded July 1, 1887 in the Office of the
County Recorder of the County of Santa Clara, State of
Cal ifornla, In Book 94 of Ueeds, page 142, thence running along
-11-
7RDER N0. 119168
flip center line of the Stevens Creek road, South 89° 59'
West 223 feet; thence running South 666.6 feet to an iron
pipe standing on the Northerly line of that .certain 30 acre
tract of land conveyed by Daniel Sutherland, to J. C.
Martin, by Deed dated June 27, 1900 and recorded June 28,
1900 in Book 233 of Deed, page 38, Records of said County of
Santa Clara; thence along the Northerly line of said 30 acre
tract of land North 89° 59' East 223.0 feet to an iron pipe
In the Westerly line of the aforementioned 39.788 acre tract
of land; thence running North and along the Westerly line of
sa.1d 39.788 acre tract of land 666.6 feet to the point of
bhKlnning, and being a portion of the North 1/2 of the
Southeast 1/4 of Section 13, Township 7 South, Range 2 West,
Muunt Diablo Base and tderidian.
EXCEPTING THEREFROM that portion thereof described as follows:
BEGINNING at the point of intersection of the Southerly line
of the Stevens Creek Road with the Westerly line of that
certain 39.788 acre tract of land conveyed by Daniel Sutherland
and Emma Sutherland, his wife, to G. W. Worthen and F. F.
Britton, by deed dated June 30, 1887 and recorded July 1,
1887 in the Office of the County of Santa Clara, State of
California, in Book 94 of deeds, page 142; thence running
along the Southerly line of the Stevens Creek Road, South
89` 50' West 223.0 feet; thence South 30.0 feet to an iron
pipe; thence parallel with the Southerly line of the Stevens
L'reek Road, North 89° 59' East 223.0 feet to an iron pipe in
the Westerly line of the aforementioned 39.788 acre tract of
land; thence along the Westerly line of said 30.788 acre
tract of .land, North 30 feet to the point of beginning, and
being a part of that certain tract of land conveyed by
Daniel Sutherland to the San Jose-Los Gatos Interurban
Railway Company, a corporation, by Deed dated June 23, 1905
an~9 recorded July 10, 1908 in the Office of the County
Recorder of the County of Santa Clara, State of California
in Book 334 of Deeds, page 356.
ALSO EXCEPTING THEREFROM the interest conveyed to the City
of Cupertino for public roadway purposes by instrument
recorded April 20, 1966 in Book 7353 Official Records, page.
723 In and to the following described parcel of land: ,
BEGItJNItJG at the point of intersection of the Westerly line
of that certain parcel of land .~lescrlbed as Parcel One in
t.t~P feed of Joseph Cali, et ux, which Deed was filed for
record in the Office of the Recorder of the County of Santa
Clara, State of California on May 23, 1945 in Book 1269 of
official Records, at page 21, with a line which is parallel
-12-
Oti•i NU. 11y168
with the centerline of Stevens Creek Roa~1 (b0.U0 feet wide)
end distant Southerly 60.00 feet when measured at right
eagles therefrom; thence along said parallel line Easterly
l14G.OU feet to a point in the easterly line of that certain
Marcel of land described as Parcel Two in the abovesaid Deed
t:o Joseph Cali, et ux; thence along said Easterly line
Southerly 15.00 feet to a point in a line which is parallel
with the aforesaid centerline of Stevens Creek Road and
distant Southerly 75.00 feet when measured at right angles
therefrom; thence alongs said parallel line Westerly 446.00
feet to a point in the Westerly line of Parcel One hereinavove
first referred to; thence along said Westerly line Northerly
15.00 feet to the Point of Beginning.
E'ANCEL FIFTEEN:
C~MMENCItJG at an iron pin standing on the Quarter Section
line which runs North and South through Section 13, township.
7 South Range 2 West and from which iron pin a granite
monument standing at the Southwest corner of the torthwest
1!4 of the Southeast 1/4 of .Section 13, Township 7 South,
EtangP 2 West, M.D.M, bears South 5.01 1/4 chains and a 4" X
4" stake marked, "B.D.1", bears South 8y° 57' East, 30 feet;.
thence South 89° 57' East 1y. 95 and 13/16 chains to a 4" X
4" stake marked "B. D.", standing on the East line of .the
torthwest 1/4 of the Southeast 1/4 of Section 13; thence
along said East line of the Northwest 1/4 of the Southeast
1/4 of Section 13, North 0° 3' West, 5.01 1/4 chains to a 4"
X 4" stake marked "S: B."; thence North 8y° 57' West 1y. 95
3/8 chains to an iron pin standing on the Quarter Section
line which runs North and South through Section 13, and from
iron pin a 4" X 4" stake marked "M.B.", bears South 89° 57'
East 30.00 feet; thence South along the said Quarter Section
line 5.01 1/4 chains to the place of commencement.
being a part of the Northwest 1/4 of the Southeast 1/4 of
Section 13, Township 7 South, Range 2 West, M.D.B. Santa
Clara, California.
EXCEPTING THEREFROM so much thereof as described in the Deed
from R. Cali & Bro. a corporation to State of California,
dated December 24, 1956 and recorded February 2U, 1957 in
Hook 3734 of Official Records, page 546, as follows:
COMMENCING at the Southwest corner of that certain parcel of
land described in the Deed to Charles f. Hachen, et al
recorded November 19, 1952 in Book 2529 at page 531, Official
kecords of Santa Clara County; thence along ttie property
line common to the lands, now or formerly of said Charles F.
Hachen, et al, and John and Minnie Torre, North 89° 49' S5"
East 32.51 feet; thence North 02' 10' 59" East, 85.11 feet to
-13-
ORDER NO. 11916tf
a line parallel with and distant 36.00 feet Easterly at
right angles from the "A" line of the Department of public
works' Survey for the State Highway in Santa Clara County,
Road IV-SC1-114-1; thence along said parallel line North 00°
10' 05" West, 245.78 feet to the property line common to the
lands, now or formerly of aforesaid Charles F. Hachen, et al
and of Percy Jessop, et ux; thence along last said common
property line south 89° 49' 55" West 36.00 feet to the
centerline of Saratoga-Sunnyvale Road; thence along said
centerline South 00° 10' 05" East, 330.83 feet to the point
of commencement.
5LS0 EXCEPTING THEREFROM the interest conveyed to the City
of Cupertino for public roadway purposes by instrument
rAcorde.9 January 16, 1962 in Book 5433 of Official Records,
gage 597, as follows:
bL•'GINNING at a point in the Northerly line of that certain
parcel of land described in the Deed from Charles F. :Hachen,
et al to R. Calli, and Brothers, a California corporatlon,
dat.e~ November 21, 1955 and recorded December 9, 1955 in
Gook 3357 of Official Records in the Office of the Recorder,
County of Santa Clara, State of California at page 106, said
point of beginning being Easterly 36.00 feet distant,
measured at right angles, from the center line of Saratoga-
Sunnyvale Road; thence Easterly along said Northerly line
4.OU feet; thence Southerly along a line parallel to and
40.00 feet distant, measured at right angles, from the
center line of Saratoga-Sunnyvale Road 350.03 feet to the
Southerly line of the aforesaid parcel; thence Westerly
along said Southerly line, 7.49 feet to the Southwesterly
corner of .the aforementioned parcel; thence iortherly along
a line 85.11 feet to a point, said point being 36.00 feet
distant, measured at right angles from the center line of
Saratoga-Sunnyvale Road; thence Northerly 245.78 feet to the
point of beginning of this description and being a portion
of the Northwest 1/4 of the Southeast ll4 of Section 13,
'T'ownship 7 South, Range 2 West, M.D.B. 8 M.
gLSO EXCEPTING THEREFROM the interest conveyed to the City.
of Cupertino for public roadway purposes by instrument
recorded October 8, 1964 in $ook 6693 of Official Records,
page 227, as follows:
GEGINtJING at a point on the Northerly line of that certain
parcel of land described in the Deed from Charles F. Hachen,
ef, al, to R. Cali & Bros., a corporatlon, recorded December
y, 1955 in book 3357 of Official Records, at page 106, Santa
(:lava County Records, at the intersection thereof with a
line parallel with and distant 40.00 feet Easterly, measured
ar. right angles from the original centerline of Saratoga-
Sunnyvale Road; thence leaving said point of beginning along
-14-
O
o~LEH No. 11915
said parallel line South 0° 53' 20" West 328.13 feet to a
point on the Southerly line of said parcel of land; thence
leaving said parallel line along said Southerly line South
By° 03' 20" East 20.00 feet to the intersection thereof with
a line parallel with an.9 distant 60.00 feet Easterly,
measured at right angles from said center line of said road;
thence leaving said Southerly line along said parallel line
iJorth 0° 53' 20"East 256.15 feet; thence leaving said
parallel line along a .tangent curve to the right with ~~
radius of 30.00 feet through a central angle of y0° for an
arc length of 47.12 feet to a point on a line parallel with
and dlstant 90.00 feet Easterly, measured at right angles
^rom said centerline oT said road; thence along said parallel
line North 0° 53' 20" East, 42.00 feet to a point on sai d
tortherly line of said parcel of land; thence leaving said
parallel line along said Northerly line North 89° 06' 40"
West•5U.00 feet to the point of beginning.
12-2b-81-SJV3-lA
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FTNDIi;C,S AND SUBCONCLUSIONS:
\~+nr•.+val is subject to the findings as set forth on Page 1 and subconclusions
:+, set forth in the minutes of the Planning Commission meeting of June 22, 1983.
CrrpiDITIONS:
I-14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated here tn. In the event a conflict dries
exist, the special conditions as enumerated herein shall apply.
15. That the approval is based uppn Exhibit A 2nd Revision of Application
2-7.-83 as may be amended by additional conditions r_ontained herein. "ihe
building Eorm, circulation, open spaces, pedestrian rorrtdurs, etc.,
shall be substantially as shown nn Exhibit A 2nd Revision.
Ih. Land Uses
The land uses permitted Eor the subject property shall include a mi:a ore
of commercial, office Lndustrial, hotel, and residential as outlined
below:
S care FnotaQe Land Use
589,000 sq. ft.*_ t)ffice and Industrial
QEEtce uses may include a sinn,le lar::c
tenant user encompassing several huildings.
1'lie industrial uses are limited to
research and development and "prom-+:;~"
research. and development. Prato-type
research anJ development is limited
to nu more than 25~ of the 589,000
sq. f[. total.
50,000 sq. ft.'_ Commercial
Commercial land uses are generally
allocated SO,QUq sq. (t. Ilriwever•, tlu•
commercial square funtatte may ercee•I
this number if offset by a correspr~ndini;
Decrease in nf(tce square footage prn-
vidinQ a findint; ran be made that the
total .traffic generated is not snb-
St:viti:rll•: in excess of that prnjectr_d
b}• the traffic report.
_~+_
•
~~.~;iiu• t'...,u.~i,si,.n 1. ,~~IuLi~~n ..~ _',11 1.:•ntt inn,•~I)
lil),Ogq sr{. if ." .'511[ !(u,un 11„tcl
i final ,iLo i, flr•z:[hl,• bas.•d nn I"tn,flnrts
:;Gnllar Co That of commercta! land n:;c:;
above.
li4 iiwt+llitt); urr is kct:itlent.i:rl:
The numbor nE dwelltn>; uniCs mn~ exceed
.lift provided th:rC Clre overall nunthrr „f
re:;idential uniCs for I:he 5n-acre 'fawn
Center property dues nut exceed ht10.
The CrianRle r;itaped parcel located nt the. snnthenst corner of Clre.
site and easterly of Torre Avenue ag shown nn F.xhibiC A 2nd Revititun
has nn rlevel„~,m,~nt potential. and shall be open space under the rnnceptnal
nl.an.
Prat„-tyi+e ret:oarcG :tad dc,vr'lopunmt is {,r,rmiasihle II cniuhtr.Chd in
cnncurt wlih offlre fnnctinns of a husine•5~ esCabiishmettC. Prom-trp.•
researe:h and develuptnent is defined as follows:
Pr„tn-t~•pe R h U refers to resctrch and dev,•lopmc•nt nrrivities
• wlrlrtr land to the devr.l,q,menL of n urw I,rochu:t urn nrw mann-
inrturittl; :uul nssembl7 process. 1'rndncts whtrh arr~ de•veluped,
m:mufacCurrd :nul/ur nssombled as a part. of the prate-rype
fnr.itity :tre noC intendcrl to he mass pr.nhu_ed for sale.
Cnidelines far I'roLu-[ppe I2es~nrcir and ltevelopment
(;rntroi uf' hrtzardons maCerialti': The t;l,e, u5v: :uut tac~ra.!r• rrl
itaznrdous materials for protu-t:ype re•:rarrh and dr•velopnumt •+r
nr;sembly is ret:ulaterl by the Uniform ilnildint( ru,ir. Llrc' Gn[form
I~lre Cade nn+l any riew ordinmtce or ocher re{;ulations which crttt:r,'Is
haztrduns materials.
Control of ,•hv~icnl aui,earanr'e: 'there •;hnll be nn[ uut:.ard
:rPl,e:trnnrr• brat a prate-type re5e:rrrh and clrvelnl+uu•nt „r as::erd:l••
prnress (s" in i+inr:c. .l.hcre w{ I 1 hr nn' r•xie r Ir,r' •anra•,•,e, and
r+•retvint; f:tctl ides r,iral I he I irut[ed in ~c•aie, G,•n,•ral Iv,
a„ morn than 252 0l [hr: fatal :;pare r•rrup{rd by th.: f{rrn will
h,• dev~,crd to a protb-type rese:trrh and JevelupmenL or :tssc~mhly
act ivi[v.
I;. brvel,•lanent I'ha:;in+:
T'I,e bnildin;;:: lo~•ntrd. at tho pcrim.•1,•r .,t 11n•>:it.• ;u-,•;..r•n,•rn{t~: .•u,~+~nr:u;ed
r. ,?.~t•,•lnp in Ih,• earli„r I,hasrs I+rLu• to ,nn:.rrncii,m ui thr• 6nlldinrs
tc,ta.rrd t;,r, r,rntcr of thr vittr.. The Int,•rl•+r kirurtnre•: turlndtut;ih,•
I,rdc^:Lrl:ut i,r+un.•nadr• frr,rt the r•rn'iir•Y oi~•n plaz+t L,+ the Lut,•~G.,r nl.cit
,pa,~c, the rosidrntlnl, .nnl the ,•nuunerclat slrnil h.• I+Lntnc•i ns ,+ur
Inrr••:ral unit +•^+rn thrnr::h :r parL[on of 1hi5 rnmp~menC mn}• hr {,ha:;r•,I
aiu::r,l r,f Lht• ,,tie+r r!Icrtr•nts.
_ }_
2-r-e3
C'l:nuring Commission Resolution Vo. 2411 (continued)
la. height
The hetKht of the buildings in Town Center shall generally encourepe
lower building forms toward the perimeter and easterly side, and
higher building forms stepped or terraced back from the major
perimeter roads. Four stories shall be a maximum height of build loge
toward the easterly side of the site adjoining the residential projects
across Torre Avenue. Four to six story buildings maybe permitted at
the perimeter of the site near the corner of Stevens Creek Boulevard and
De Anza Boulevard. The interior of the site may construct to a maximum
building height of six to eight stories.
19. Building Form
The building form shall provide variation in the height, scale, and in
the outer exterior building facade. Buildings are encouraged to step
or "terrace" higher levels of the building back away from major public
streets (per Exhibit A 2nd Revision). Designers of buildings shall.
' avoid large massive structures and shall soften the higher components
of. huildings c,•lth larger landscaped areas and tall growing l;mdscapu
mrterials. Integration of residential and non-residential uses is
required.. Particular attention shall be given to the parking structures
to screen them for major arterials.
7r~. Reciprocal Ingress/Egress Easements
At the time of development of the southerly parking garage, the applicant
shall provide Cur reciprocal ingress/egress vehicular integration of the
parking garage/parking area nn the subjer.t site with Che parking area
of the adjoining T,incoln Property site located to the south. Additionally,
provisions shall be rurde for reciprocal ingress/egress vehicular
integration with the Barclay Bank site located adjacent to South De Anza
Boulevard.
"li, All exlstiny; interior property lines of record as of ,tune 22, 19x3 shall
be eliminated. Creating new property Iines for phasing purposes is
permitted.
22. Residential Units at the Perimeter nt the i'arkinr, Carnge
At the time of proppsed development of the residenttal nn its attached
to the •~.arkinc~ garages, the developer shall demonstrate the mitigation
of noise', nollntion, and security impacts of the garage upon the
residential units.
_4_
2-Z-83
1'l,{nning Commission Resolution No. 2411 (continued)
~4. Hotel
Prior to development of the frotel structure, the applicant shall
demonstrate that the Town Center f{otel will not have an adverse
effect upon construction of the Vallco Park Hotel complex. This
condition shall be waived upon completion and occupancy of the
Vallco Park hotel.
25. Perimeter Landscaping
Landscaping on Stevens Creek Boulevard and De Anza Boulevard shall
provide broad landscaped parkways per the General Plan and the Stevens
Creek Boulevard Sidewalk and Landscaping Guidelines, up to the area
designated for the corner plaza.
26. Traffic Systems. Improvements
The following traffic system improvements and regulations are required
to accommodate development of the project site. The applicant shall
participate financially' in the cost of the installation of the
improvements listed below. Reimbursement of said costs by other
benefited property owners shall be based upon a benefit formula
established by the Director of Public Works and approved by the City
' Council.
a. The applicant shall participate in the funding for a traffic signal
for Torre Avenue and Stevens Creek Boulevard. The design of the
traffic signal shall limit Vista Drive turning movements to right
turn-in and right turn-out.
b. The applicant shall participate in the modification of the signal
at the intersection of McClellan Road and De Anza Boulevard. and shall
install a signal at the intersection of Pacifica Avenue and De Anza
Boulevard to provide controlled access to and from De Anza Boulevard
from Pacifica Avenue.
c. The proposed left turn pocket nn De Anza Boulevard near the vicinity
of Scofield Drive is not approved.
d. The proposed left turn pocket on Stevens Creek Boulevard between
De Anza Boulevard and Torre Avenue may be subject to closure.
e. The minor streets which border the proposed plaza near the intersection
of Stevens Creek Boulevard and De Anza Boulevard shall be designed
with acceleration and deceleration lanes so as not to cestrict the
traffic carrying capacity of De Anza Boulevard and Stevens Creek
Boulevard. The design shall include duck-out for transit buses.
27. Traffic Improvements/Neighborhood Protection
The applicant shall participate in the installation of a traffic mana};e-
ment improvement to eliminate or restrict Town Center traffic from
penetrating adjoining residential neighborhoods. Traffic management
system may include all, part or additional traffic mitigation improve-
-S-
• Z-"L-H3
Pl.uutin~; Crtm;nissitut i;~•luti~~n ;:++. '.ill (conCinucd)
mentti •ts dc•;crlhed .m 1',rt?o ~h an.! Fii;trre 10 oC the tt'afft+• report
prepared fur 'f+rwn Center entitled, "Traff[c rlna!?siti: Cupertino City
Center", dated ?lay 23, 19N3. The decision to install varLuus impYuve-
ments, their design, and timing of installation, shall be determined
by the Clty Council followlnK a public hearing held in conjunctinu
with suhsequent use permit applications involving phased developments
within the zoning boundary. Reimbursement for the cosC of said
improvements by otter benefited property owners shall be based upon a
benefit formula established by the Airector of Public Worka and'
approved by the City Council.
28. Pedestrian and Bicycle Circulation
Pedestrian and bicycle circulation is encouraged throughout the City
Center project site. Such systems shall be integrated into individual
phases of the City Center project.
29. Use Permit Required
~\ use permit stall he required for each individual phase (building)
of the City Center project.
30. Building Materials
The protect architects are encouraged to avoid use of reflective nr
mirrored glass. Tinted glass is permitted.
31. Fire Protection
The developer/Property owner shall comply with fire protection require-
ments imposed via suhsequent use permiC applications. Buildings.
exceeding five stories in height may trigger modifications to the
fire lighting capabilities of the Central Fire District. These changes
may include additional personnel and equipment. The developer/property
owner will he responsible far both one time and annual casts associated
with the increase in personnel and/or equipment necessary to fight
potential mid-rise Eires.
32. Pub1Lc Facilities/Post Office
Public facilities may he incorporated into the overall design without
diminishing the total allowable square footatie within the project.
Such facilities, from a design standpoint, shall be Eully inteprated
in to .the concepts outlined on Exhibit A 2nd Revision and iE traffic
impacta are not suhstanttally higher. In particular, if the Pnst Office
is located in the Town Center, postal vehicular parking shall integrated
into [he parking garages.
33. Development A(~reements
Upon adopting the appropriate ordinance enabling the City to enter
into Development Aereements, the applicant may rotor into such nn al;rcemenC
with the City encompas~:in•• the entire area being zoned ns part of this
application (2-'L-83).
-h-
• _-7.-x33
P:nnnins; Cnmmission P.,rsuLet[i,n ;1r7. ,~:Il (cnntinucd)
33. (continued)
Any square fontages to excess of 339,004 sq. ft., except residential,
may he subject to additional requirements such as public amenities,
development fees or ntlier community benefits as deemed appropriate
by the City Council upon entering into such agreements.
34. Area Wide Improvements
The applicant/property owners agree to participate 1n his proportionate
share of major off-site street improvements of a local nr community-
wide nature, such as major improvements to the intersection of Ae Anza
Boulevard and Stevens Creek Boulevard. Said agreement shall include
.but not be 1lmited to, agreement to participate in a local improvement
district, or directly contribute to street Improvements. IE an
assessment district is Eormed, Che applicant/property owners's share
would be determined by a cost benefit ratio as established by assess-
ment district 1.aw. Boundaries for any district would be determined
at a later date per assessment district law. The agreements to lnst:rll
[he above improvements shall be submitted and recorded prior to or in
conjunction with the issuance of a building permit.