Reso 4358 CITY OF CUPII�TINO
RESOL�TI'ION NO . 4 3 58
A FtESOL�TrION OF Zi� PLANNING CXkMZLSSION
OF 'IHE CI`1'Y OF CUPERTINO R�OONII�IDING ADOP'I'ION
OF A DII�TSITY BONUS ORDINANCE TO BE ADDID TO TI� MUNICIPAL UODE
OF � CITY OF C[JPF,RTINO AS C.�IAPTII2 19.21.080
After due consideration of all evidence presented and based upon the
follcywing findings, the Planning Commission did det.ermine that there is
siqnificant need to adopt a Density Bonus Ordinance as follaws:
1. The Planning Commission held a public hearing for consideration of the
adoption of a Density Bonus Ordinance in accordance with state law on
July 22, 1991.
2. Gaverrunent Code Sec,�tion 65915 requires that local governments adopt an
ordinance implementing the State Density Bonus Law.
3. Goverrmlent Code Sec�tion 65915 requires the implementing ordinanoe to
include a procedure for evaluating preliminary applications and to
specify which concessions will be offered developers of qualified
projects.
4. An Initial Study has been prepared on the ordinance, as required by
the California �vironmental Quality Act.
Based upon the foregoing findings of fact, the Plannirig Coa►unission
concludes that:
1. A Negative Declaration is appropriate as no significant envirornn�.ntal
im�acts have been identified to be associated with the project which
caivzot be mitigated.
2. The Ordinance is consistent with State requiremerits pertaining to the
State Density Bonus Law.
3. 'The proposed Ordinance contains implementation measures required by
Goverrmient Code Seation 65915.
4. The proposed Ordinance will not be detr�mental to the health, safety,
peace, morals, comfort, or general welfare of pexsons residirig or
working in the neighborhood of such proposed use, or be detrin�ltal or
injurious to property and improvements in the neic�zborhood or to the
general welfare of the City.
5. The proposed Ordinance facilitates meeting the City's share of
regional housing need.s for lcywer-incwme and very low-ineca��e
households.
Planning Coarnnission Resolution No. 4358
Page -2-
6. Implementation of this Ordinance will contribute to cce�rplianoe with
housing element law as well as density bonus law.
The Planning Coa�m�ission does hereby adopt a Resolution reoarmnerxling the
City Council adopt the attached Ordinance.
PASSID AND ADOF�TID this 22nd day of July, 1991 at a Regular Meeting of the
Planning Cammission of the City of G'upertino by the follawing roll call
vote:
AYFS: OOr�Il�IISSIONERS: Mahoney, Mann arid C�airman Mac)tenzie
NOES: QONIl�IISSIONERS: Austin, Fazek.as
ABSTAIl�1: C�O1��SSIONF�ZS: None
ABSIIVT: C�ONIl`�IISSIONE�2.S: None
A'I'I'E.�r: APPROVID:
1
Robext Cdwan Don Mackenzie, irman
Director of Community Development Cupertino Plann' Cannnission
misc/rsc�nuni