CC Ordinance No. 06-1977 (Not in effect due to referendum)
ORDINANCE NO. 1977 (Not in effect due to referendum)
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 ANTAU 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, peRES, COM) and Public Park
(PR); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the 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 1. 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.
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 ofthe City Council ofthe City of
Cupertino the 21 5t day of March, 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
K wok, Wang
None
None
ATTEST:
APPROVED:
c~-~
vJJ\. .t.1v{
Mayor, City of Cupertino
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Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 1
Job No 0 20056051
By RO Date 03/08/06 ChkdoJM
SHEET 1 OF 6
..BkJ
March 8, 2006
BKFNoo 20056051-10
Page 1 of2
ÐilGIMIIIIS,SUIIVtYIIUJ·PIANNIM
ExmBIT "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 595000 feet, from which point a
radial line bears South 03°20'52" West;
Thence easterly along said curve and along the southerly line of Val1co Parkway 110000 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 28°24'31" and an arc length of 295002
feet;
Thence South 58°14'37" East 5000 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 90°00'00" and arc length of 47012
feet to a point on the easterly line of said Parcel B;
Thence South 31 °45'23" West 0.15 feet to the beginning of a curve, having a radius of 888000
feet;
Thence southerly along said curve through a central angle of 18°38'40" and an arc length of
288.96 feet to a point on the easterly line of said Parc,el B;
Thence leaving said westerly line of said point on the easterly line of said Parcel B the following
three (3) courses:
1) South 89°31' 44" West 371.56 feet;
2) North 00°24'00" West 93020 feet;
3) North 88°54'46" East 195.49 feet;
Thence North 01 °05' 14" West 304023 feet to the point of BEGINNING,
Page 2 of 2
Lot 1 contains an area of 106,696 square feet (2.45 acres) more or less.
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981 RIDDER PARK DRIVE
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SAN JOSE, CA 95131
408-467-9100
408-467-9199 (FAX)
Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 2
Job No. 20056051
By RO Date 03/08/06 Chkd.JM
SHEET 2 OF 6
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.BkJ
March 8, 2006
BKF Noo 20056051-10
Page 1 of 1
ENOIllmS,SUIVlYOIS, p~
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 tenninus of the course "North 00024'00"West 527.77 feet" of the southerly line of
Parcel B, as shown on said Parcel Mapo
Thence along said southerly line of said Parcel B the following two (2) courses:
1) North 00024'00"West 434057 feet;
2) North 89°31 '44" East 371.56 feet to a point on the easterly line of said Parcel Bo 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 radia11ine bears South 76°53' 1 T' East;
Thence southerly along said curve through a central angle of 13°36'53" and an arc length of
211.01 feet;
Thence South 00°30' 10" East 200019 feet to the beginning of a curve to the right having a radius
of 25000 feet;
Thence southwesterly along said curve through a central angle of 90°06' 10" and an arc length of
39031 feet to a point on the southerly line of said Par~e1 B;
Thence South 89°36'00" West 322.34 feet to the Point of BEGINNINGo
Lot 2 contains an area of 152,462 square feet (305 acres) more or lesso
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Sub j ect CALABAZAS PLACE
ZONING PLAT MAP - LOT 3
Job No, 20056051
By RO Date 03/08/06 ChkdoJM
SHEET 3 OF 6
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March 8, 2006
BKF Noo 20056051-10
Page 1 of2
£....GlNEERS.· SURVEYORS, PlAUNE-RS
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 76000 feet in width, said
point also being the southerly terminus of the course "South 00°30'10" East 201.07 feet" of the
westerly line of said Parcel 2, as shown on said Parcel Mapo
Thence along said wésterly line of said Parcel 2 the following four (4) courses:
1) North 00°30'10' West 201.07 feet to the beginning of a curve to the right having a radius of
812000 feet;
2) Northeasterly along said curve through a central angle of 32°15'33", and an arc length of
457.18 feet;
3) North 31°45'23" East 0.15 feet to the beginning of a curve to the right having a radius of
30000 feet;
4) Northeasterly along said curve through a central angle of 90°00'00", and an arc length of
47.12 feet to a point on the southerly line of Vallco Parkway being 110000 feet in width, as
shown on said Parcel Map;
Thence South 58°14'37" East 362.70 feet to the beginning of a curve to the left having a radius
0005.00 feet;
Thence easterly along said curve through a central angle of 20°39' 53", and an arc length of
254027 feet;
Thence leaving said southerly line of Valko Parkway South 00°28'16" 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 of200000ö feet, ITom said point a radial line bears South 01 °14'38" East;
Page 2 of 2
Thence along said northerly line of Stevens Creek Boulevard and the southerly line of said
Parcels 2 and 3 the following four (4) COUTseS1
1) Westerly along said curve through a central angle of 04°11 '27", and an arc length of 146.29
feet to the beginning of a reverse curve having a radius of2000000 feet;
2) Westerly along said curve through a central angle of 04°57'49", and an arc length of 173026
feet;
3) South 89°31 '44" West 363080 feet to the beginning of a curve to the right, having a radius of
25000 feet;
4) Northwesterly along said curve, through a central angle of 89°58'06", and an arc length of
39026 feet to the point of BEGINNING.
Lot 3 contains an area of 364,713 square feet (8.37 acres) more or 1esso
K:\ENG05\05605] IDWGIEXHIBITSlLegal DescriptionslLot3.doc
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981 RIDDER PARK DRNE
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SAN JOSE, CA 95131
408-467-9100
408-467-9199 (FAX)
Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 4
Job Noo 20056051
By RO Date 03/08/06 Chkd.JM
SHEET 4 OF 6
-
,......._IP.-
.BkJ
March 8, 2006
BKF Noo 20056051-10
Page 1 of2
ÐilOIMESlSI SUR\ID<IUJPIAItNUS
-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 the easterly terminus of the course "South 89°31' 44" West 304037 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Mapo
Thence South 89°31'44" West 304.37 feet to the beginning of a curve to the left, having a radius
2000000 feet;
Thence Westerly along said curve through a central angle of 00°46'22", and an arc length of
26.97 feet
Thence Leaving said southerly line of said Parcel 3 North 00°28' 16" West 366.49 feet to a point
on the southerly line of Val1co Parkway 110000 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 11°05'30" East;
Thence easterly along said curve through a central angle of 11°33'46", and an arc length of
142028 feet;
Thence North 89°31'44" East 215003 feet to the beginning of a curve to the right, having a radius
of 25000 feet;
Thence southerly along said curve through a central angle of 90°00'00" and an arc length of
39027 feet to a point on the easterly line of said Parcel 3;
Thence South 00°28' 16" East 277000 feet to the beginning of a curve to the right, having a radius
of 50000 feet;
Page 2 of 2
Thence southwesterly along said curve through a central angle of 90°00'00" and an arc length of
78054 feet to the point of BEGINNING,
Lot 4 contains an area of 134,234 square feet (3008 acres) more or less.
K:IENG05\056051 IDWGIEXHIBITS\Legal DescriptionslLot4.doc
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Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 5
Job Noo 20056051
By RO Date 03/08/06 Chkd.JM
SHEET 5 OF 6
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March 8, 2006
BKF Noo 20056051-10
Page 1 of2
Èìl&1_S,SURII1YOIS, PWINIIiS
EXHmIT "A"
LEGAL DESCRIPTION
FOR ZONING PURPOSES
LOT 5
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 Valko Parkway, being 110000 feet in width,
said point being at the easterly terminus of the course "South 89°31' 44" West 215003 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Mapo
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 32°13'39", and an arc length of
334067 feet;
Thence North 58°14'37"West 170097 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 29°26'28" West;
Thence northeasterly, along said curve, through a central angle of 27°37'18" and an arc length of
179058 feet;
Thence North 32°56' 11 "East 224037 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 57°25' 17"East 54057 feet;
2) North 32°33' 14''East 114082 feet;
3) South 56°52'23"East 50.87 feet;
4) South 19°30' 18"East 44.75 feet;
5) South 74°57'49"East 104077 feet;
Page 2 of2
6) North 44°29'36"East 42096 feet;
7) North 82°58'21"East 49067 feet;
8) South 05°5T28"East 117.69 feet;
9) North 83°32'59''East 56023 feet to a point on the easterly line of said Parcel 3, said point also
being a non tangent curve, concave to the east, having radius of 60.00 feet, from which point a
radial line bears North 86°19'22"East;
Thence southerly along said curve, through a central angle of 02°31' 59", and an arc length of
26053 feet to a point on the easterly line of said Parcel 3;
Thence along said easterly line of said Parcel 3 the following two (2) courses:
1) South 06°12'37" East 320000 feet;
2) South 00°28' 16" East 14000 feet; to the beginning of a curve to right, having a radius of 25000
feet;
Thence southwesterly, along said curve, through a central angle of 90°00'00" and an arc length
of 39027 feet to the point of BEGINNINGo
Lot 5 contains an area of 254,379 square feet (5.84 acres) more or 1esso
K:IENG05\056051 IDWGIEXHIBITS\Legal DescriptionslLot5.doc
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Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 6
Job No. 20056051
By RO Dote 03/08/06 Chkd.JM
SHEET 6 OF 6
.
981 RIDDER PARK DRIVE
SUITE 100
SAN JOSE, CA 95131
408-467-9100
408-467-9199 (FAX)
II .,_IP.-
.BkJ
March 08, 2006
BKF Noo 20056051-10
Page 1 of2
ÐilOlHlDS,SURlIEYOIS,PlAlONUS
EXHmIT "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
57°02'38" 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 600000 feet, from said
point a radial line bears South 68°39'51" East;
Thence southerly along said curve, through a central angle of 25°00' 47", and an arc length of
261.94 feeto
Thence leaving said easterly line, the following nine (9) courses:
1) South 83°32'59" West 56023 feet;
2) North 05°57'28" West 117.69 feet;
3) South 82°58'21" West 49067 feet;
4) South 44°29'36" West 42.96 feet;
5) North 74°57'49" West 104077 feet;
6) North 19°30'18" West'44.75 feet;
7) North 56°52'23" West 50087 feet;
8) South 32°33'14" West 114082 feet;
9) North 57°25'17" West 54.57 feet to a point on the westerly line of said Parcel 3;
Thence North 32°56'11" East 375.75 feet to the point ofBEGINNINGo
Lot 6 contains an area of 92,795 square feet (2013 acres) More or lesso
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