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Reso 6618 MCA-2010-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6618 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO CHAPTER 19.48 (PLANNED DEVELOPMENT (P) ZONES), CHAPTER 19.72 (PRIVATE RECREATION (FP) ZONE), CHAPTER 19.124 (PLANNED DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES) AND CHAPTER 20.04 (SPECIFIC PLANS) OF THE CUPERTINO MUNICIPAL CODE TO BE CONSISTENT WITH THE 2010 HOUSING ELEMENT. The Planning Commission recommends approval of the proposed amendments to the City of Cupertino Municipal Code as shown in Exhibit A attached herewith. PASSED AND APPROVED this 9h day of November 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair lee, Miller, Kaneda, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: , . Aarti Shrivastava Paul Brophy, air Director of Community Development Planning Co ssi EXHIBITA Ordinance No. lO.xJ�C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TO CHAPTER 19.48 (PLANNED DEVELOPMENT (P) ZONES), CHAPTER 19.72 (PRIVATE RECREATION (FP) ZONE), CHAPTER 19.124 (PLANNED DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES) AND CHAPTER 20.04 (SPECIFIC PLANS) OF THE CUPERTINO MUNICIPAL CODE TO BE CONSISTENT WITH THE 2010 HOUSING ELEMENT AND TO IMPROVE READABILITY. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement o Purpose. This ordinance amendment clarifies language regarding storage and parking of vehicles. Section 2. Code Amendment. . A. Chapter 19.48, entitled "Planned Development (P) Zones," of the Cupertino Municipal Code, is amended to read as shown in Attachment A; B. Sections 19.72.040 and 19.72.050 in Chapter 19.72, entitled "Private Recreation (FP) Zone," of the Cupertino Municipal Code are amended, to read as shown in Attachment B; C. Chapter 19.124, entitled "Planned Development Permits, Conditional Use Permits and Variances," of the Cupertino Municipal Code is amended, to read as shown in Attachment C; and D. Section 20.04.040 in Chaptzr 20.04, entitled "Specifics Plans," of the Cupertino Municipal Co�e is amended, to read as shown in Attachment D. Section 3. SeverabilitU. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or ° circumstance and, to that end, �he provisions hereof are severable. The City Council � declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional. . Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. -1- Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. C�A• Because this ordinance makes purely procedural changes, and improvements to � readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(c)(3). Section 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2010 and ENACTED at a regular meeting of the Cupertino City Council on this of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino � -2-