Fail: 5,586 / 36.47% Yes votes ...... 9,729 / 63.53% No votes

See Also: Index of all Measures

YES
NO

Toll Brothers

This ordinance, if enacted by Cupertino electors, provides for re-zoning several parcels consisting of 32.58 acres located north of Stevens Creek Boulevard and south of I-280 from Tantau Avenue to Finch Avenue from a Planned General Commercial, Office, Light Industrial, Hotel Zone to Planned Residential, Commercial, and Public Park Zones. If enacted, the ordinance will allow the construction of a mixed-use development consisting of approximately 115,600 square feet of commercial shopping center, 300 residential units, 80 low-income senior apartments and a 3.5 acre public park. The owners of the property have already obtained the necessary discretionary permits which will allow them to commence construction if the rezoning ordinance is enacted.

The approval of the specific development by the City Council is subject to a number of conditions which are described in detail in the approved conditional use permit adopted by the City Council on March 23, 2006 and on file with the City Clerk. These conditions include, but are not limited to, the following:

1. Providing of an average 35-foot front setback (minimum 30 feet) along Stevens Creek Boulevard for commercial shopping.

2. Participation in the City's below market rate program by providing 80 low-income senior apartments on site.

3. Dedication of a portion of the site for a 3.5 acre public park together with constructing the necessary park improvements thereon.

4. Contribution of $140,000 for improvements for the public trail connection on the east side of Calabazas Creek from Vallco Parkway over I-280.

5. Providing a new pedestrian sidewalk along the west side of Tantau Avenue together with other street and sidewalk improvements.

6. Setting aside one-quarter percent (up to $100,000) for public art on the site.

7. Providing a public pedestrian easement over sidewalks through the interior of the development.

8. Design and use of the approximately 3,300 square foot commercial space located at the corner of Vallco Parkway and Finch Avenue as a small restaurant or café.

9. Contribution of $300,000 to the Fremont Union High School District.

If the ordinance is not enacted by a majority vote of the electors voting, then the proposed project cannot commence and the City Council is precluded from considering any similar ordinance for a period of one year from the date of the election.

Prepared by Charles Kilian, Cupertino City Attorney

City of Cupertino

Campaign Finance filings

City of Cupertino -> Public Records -> Elections -> Campaign Disclosure Statements -> 2006 -> Referenda filings

Cupertino Against Re-zoning No on Measures D & E

There are no known proponent webpages at this time.

San Jose Mercury News

Nov. 2006 election articles

Cupertino Courier

Finally, a quality project that community leaders, senior advocates, local school leaders, environmental groups and the Chamber of Commerce agree is good for Cupertino, and meets the CCC's rigorous growth control standards.

Measure E will mean new, vibrant retail stores including restaurants, a high-end bookstore and grocery, all within walking distance of new homes and senior-dedicated apartments.

Measure E will provide over $500,000 annually for our schools, although the project will only add 30 Cupertino High School students.

Measure E will provide over $300,000 annually to the city to improve police and fire services.

Voting YES means a new major 3.5 acre public park, at no cost to taxpayers, near Rancho Rinconada, as well as creek trails and public art.

The Sierra Club says this project is "an excellent example of environmentally friendly land use, putting homes and shopping together".

Cupertino Mayor Richard Lowenthal says "Our Council supported this project because of the overwhelming positive impact on our City".

Many local homeowners living near the site have enthusiastically endorsed the project because it will provide shopping, senior housing, improved park and open space, and the preservation of Calabazas Creek and over 185 trees plus 600 new trees.

A YES vote is the ONLY way we can have the needed park, senior housing and new city revenues at no cost to taxpayers.

Voting YES means that we finally have a well-planned, quality project that is sensitive to our traffic, consistent with existing neighborhoods, and adds the retail amenities we need in Cupertino.

Voting YES affirms the council decision, made after public hearings and input from the community.

Join the Cupertino Parks and Recreation Commission, Cupertino School Supporters, the Senior Commission, the Environmental Review Commission in approving the Toll Brothers project by voting YES.

/s/ Richard Lowenthal
Mayor, City of Cupertino

/s/ Linda Walker
Resident, Senior Commissioner

High School District Volunteer, Community Leader, former Monta Vista parent, CCS Board member

/s/ Karen E. Maki
Sierra Club, Loma Prieta Chair

/s/ Mark McKenna
President, Cupertino Chamber of Commerce

TOLL BROTHERS wants Cupertino's largest vacant industrial parcel rezoned for 380 condominiums for quick profit with little community benefit.

A Councilman with an apparent conflict of interest cast the swing vote to pass this undesirable rezoning ordinance.

VOTE NO - Keep Valuable Industrial Land for HI-TECH JOBS. Preserve Cupertino's LARGEST OPEN PARCEL for future industry.

"We want to stay in Cupertino; we just want to make sure there's space here for us to grow .... Once [land] turns to housing, that's the end of the road." - Michael Foulkes, Apple Spokesperson

"The Chamber maintains the importance of preserving the limited commercial and industrial space ...." - Cupertino Chamber of Commerce

VOTE NO - Prevent SCHOOL OVERCROWDING. Developers fabricate student numbers. Project could produce ~300 students.

"New development puts more children in suburban schools, ... does not pay for the new schools that inevitably must be built." - Sierra Club

"Poorly planned development is threatening our environment, our health, and our quality of life." - Sierra Club

VOTE NO - Cupertino recently APPROVED OVER 1400 CONDOS.

"It is scary because there are a lot of condo approvals.... it's a big scary number " - Mayor Lowenthal

VOTE NO - CCC, CARe and Cupertino Voters OPPOSE REZONING FRENZY.

"Our LAST CHANCE to stop the rezoning onslaught." - Ned Britt, President CCC

VOTE NO - Council will reconsider rezoning for high-density condos in many places throughout our city: Crossroads, Oaks, Bubb/McClellan, etc.

Leaders deliberately misled voters in 2005 election. Don't be fooled again.

SAVE Schools; KEEP Hi-Tech - Cupertino not "Condotino."

Visit http://www.cupertinocares.org

/s/ Patty Chi
President of CARe (Cupertino Against Rezoning), Mother of 2 toddlers

/s/ Sri Ram
Real Estate Management (Long-term resident)

/s/ Rajeev Joshi
A concerned resident of Cupertino

/s/ Edward J. Britt
Physicist & Long time resident, President of CCC (Concerned Citizens of Cupertino

VOTE NO on Measure E - Don't rezone Cupertino's largest open parcel for residential without a real vision for the community's future. Stop Condotino.

FACT: Over 1,000 condo units have already been approved.

Vote No - Prevent further school overcrowding. Stop cutbacks in city services and runaway city fees. Don't ruin Cupertino!

Nearly 5,000 Cupertino citizens signed petitions and fought a developer lawsuit to give YOU the chance to vote NO on this critical rezoning issue.

Vote NO - Stop School Overcrowding. Preserve Quality Education.

• More condos worsen school overcrowding, forcing our schools to add even more portables, including portable restrooms.

• High-density condos mean less overall tax revenue. High schools will receive less money per student resulting in loss of academic courses.

• Declining school quality will hurt property values throughout Cupertino.

• Once industrial land is rezoned and condos built, the potential for business growth is lost. Business and industry provide core jobs and tax revenue for our city.

• Apple and other companies have requested that Cupertino stop rezoning industrial land.

• KEEP JOBS IN CUPERTINO!

• High-tech development generates more net revenue than condos to pay for city services.

• High-density housing shortchanges the citizens of Cupertino; property taxes do not cover the cost of public services.

• A solid tax base eliminates the need for more bond measures and special property tax assessments.

• Stop more traffic gridlock.

• Stop urban build-up spreading all over Cupertino.

• Home values suffer when city services, businesses and schools deteriorate.

Join your neighbors - fight for Cupertino's future.

Vote NO on Measure E .

Visit http://www.cupertinocares.org

/s/ Patty Chi
President of CARe (Cupertino Against Rezoning), Mother of two toddlers, Long-time resident

/s/ Sri Ram
Real Estate Management/Long-term resident

/s/ Dennis S. Whittaker
Community Leader/Long-time resident/businessman

/s/ Steven M. Scharf
Community Activist/Engineer/Cupertino resident

/s/ Edward J. Britt
Physicist/Long-time resident, President of CCC (Concerned Citizens of Cupertino)

Opponents of Measure E deliberately misinform voters by attempting to link Measure E with Measure D (Vallco Condominiums). They would have you believe that Measure D and Measure E are virtually the same measure. They are not.

Measure E approves a quality residential/retail community including retail shopping, grocery store, park, senior housing, high end homes and restaurants near the new proposed 50 acre high-tech Apple campus.

Measure E is supported by the Sierra Club, Cupertino Senior Commission, local school leaders, teachers, Cupertino Chamber of Commerce, Cupertino Parks and Recreation Commissioners, Cupertino's Mayor and City Council.

Long-time community activist Marilyn Howard says: "This is a beautiful project. What's not to like? Beautiful housing, affordable units, senior units, it is a place for empty nesters, I could see myself living there."

Few developments have had more support. Current zoning actually produces more traffic than Measure E allows. In fact, even no-growth activists have stated support for this community.

Al Di Franceso: "I do like this project...I think it's night and day [better] than the previous project [Vallco Condominiums]."

Measure E will:

• Provide $500,000 every year to Cupertino schools and $300,000 to our police and fire departments.

• Allow BRIDGE Housing to provide 80 affordable Senior-dedicated apartments so seniors who value independence can stay in Cupertino.

• Preserve Calabazas Creek and 185 mature trees, add over 600 new trees and fund a new 3.5 acre public park. All at no cost to taxpayers.

/s/ Dolly Sandoval
Former President, De Anza College Board

/s/ Donald R. Burnett
Former Mayor of Cupertino/Resident

/s/ Frank Yap
Senior Citizens Commissioner/Cupertino Resident

/s/ Anne Ng
Cupertino resident/Sierra Club Member

/s/ Mahesh Nihalani
Community Leader/Resident

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, 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, 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 21st day of March, 2006, by the following vote:

ATTEST:
/s/ Kimberly Smith
City Clerk

APPROVED:
/s/ Richard Lowenthal
Mayor, City of Cupertino

[Maps not included in this copy.]

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 03°20'52" 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 28°24'31" and an arc length of 295.02 feet;

Thence South 58°14'37" 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 90°00'00" and arc length of 47.12 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 888.00 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 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 89°31'44" West 371.56 feet;

2) North 00°24'00" West 93.20 feet;

3) North 88°54'46" East 195.49 feet;

Thence North 01°05'14" West 304.23 feet to the point of BEGINNING.

Lot 1 contains an area of 106,696 square feet (2.45 acres) more or less.

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 corner of said Parcel B; said point also being the southerly terminus of the course "North 00°24'00"West 527.77 feet" of the southerly line of Parcel B, as shown on said Parcel Map.

Thence along said southerly line of said Parcel B the following two (2) courses:

1) North 00°24'00"West 434.57 feet;

2) North 89°31'44" 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 76°53'17" 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 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 90°06'10" and an arc length of 39.31 feet to a point on the southerly line of said Parcel B;

Thence South 89°36'00" 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.

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 00°30'10" 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:

1) North 00°30'10' 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 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 30.00 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 110.00 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 of 705.00 feet;

Thence easterly along said curve through a central angle of 20°39'53", and an arc length of 254.27 feet;

Thence leaving said southerly line of Vallco 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 of 2000.00 feet, from said point a radial line bears South 01°14'38" East;

Thence along said northerly line of Stevens Creek Boulevard and the southerly line of said Parcels 2 and 3 the following four (4) courses:

1) Westerly along said curve through a central angle of 04°11'27", and an arc length of 146.29 feet to the beginning of a reverse curve having a radius of2000.00 feet;

2) Westerly along said curve through a central angle of 04°57'49", and an arc length of 173.26 feet;

3) South 89°31'44" 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 89°58'06", 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.

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 304.37 feet" of the southerly line of said Parcel 3, as shown on said Parcel Map.

Thence South 89°31'44" 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 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 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 11°05'30" East;

Thence easterly along said curve through a central angle of 11°33'46", and an arc length of 142.28 feet;

Thence North 89°31'44" 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 90°00'00" and an arc length of 39.27 feet to a point on the easterly line of said Parcel 3;

Thence South 00°28'16" East 277.00 feet to the beginning of a curve to the right, having a radius of 50.00 feet;

Thence southwesterly along said curve through a central angle of 90°00'00" 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.

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 terminus of the course "South 89°31'44" 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 32°13'39", and an arc length of 334.67 feet;

Thence North 58°14'37"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 29°26'28" West;

Thence northeasterly, along said curve, through a central angle of 27°37'18" and an arc length of 179.58 feet;

Thence North 32°56'11"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 57°25'17"East 54.57 feet;

2) North 32°33'14"East 114.82 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 104.77 feet;

6) North 44°29'36"East 42.96 feet;

7) North 82°58'21"East 49.67 feet;

8) South 05°57'28"East 117.69 feet;

9) North 83°32'59"East 56.23 feet to a point on the easterly line of said Parcel 3, said point also being a non tangent curve, concave to the east, having radius of 60.00 feet, from which point a radial line bears North 86°19'22"East;

Thence southerly along said curve, through a central angle of 02°31'59", and an arc length of 26.53 feet to a point on the easterly line of said Parcel 3;

Thence along said easterly line of said Parcel 3 the following two (2) courses:

1) South 06°12'37" East 320.00 feet;

2) South 00°28'16" 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 90°00'00" 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.

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 corner of said Parcel 3, said point also being on the southwesterly line of Junipero Serra Freeway (State Highway 280) as shown on said Parcel Map.

Thence along said southwesterly line of Junipero Serra Freeway (State Highway 280) South 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 600.00 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 feet.

Thence leaving said easterly line, the following nine (9) courses:

1) South 83°32'59" West 56.23 feet;

2) North 05°57'28" West 117.69 feet;

3) South 82°58'21" West 49.67 feet;

4) South 44°29'36" West 42.96 feet;

5) North 74°57'49" West 104.77 feet;

6) North 19°30'18" West 44.75 feet;

7) North 56°52'23" West 50.87 feet;

8) South 32°33'14" West 114.82 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 of BEGINNING.

Lot 6 contains an area of 92,795 square feet (2.13 acres) More or less.