November 14, 2024 - Notification method for GPA and zoning ordinances on parcels, preliminary applications, and project proposals
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: November 14, 2024
To: Cupertino City Council
From: Piu Ghosh, Planning Manager
Luke Connolly, Assistant Director of Community Development
CC: Benjamin Fu, Director of Community Development
Pamela Wu, City Manager
Chris Jensen, City Attorney
Re: Current notification method for general plan amendments and zoning
ordinances on parcels, preliminary applications, and project proposals
Background
At the September 4, 2024, City Council meeting, Councilmember Chao requested an
informational memorandum regarding notification methods for general plan
amendments, zoning ordinances on parcels, preliminary applications and project
proposals. This informational memorandum summarizes the noticing provisions of
the Municipal Code and noticing practices of the City.
Summary
Noticing requirements for projects, including General Plan Amendments, Rezoning
of parcels and project proposals are codified in the Chapter 19.12, Administration, of
the Cupertino City Municipal Code in subsection 19.12.110 and 19.12.030. No
noticing is conducted or required for preapplications.
Analysis
General Plan Amendments (GPAs)
Section 19.12.110 and 19.12.030 require the City to follow the requirements of
Government Code. Sections 65350-65362. These sections of the Government Code
require noticing pursuant to Government Code Section 65090, and if a GPA would
affect the permitted uses or intensity of uses of real property, additionally, notice is
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
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required pursuant to Section 65091. These requirements for notice can be
summarized as follows:
• Government Code Section 65090: notice must be posted once in at least one
newspaper of general circulation within the City at least 10 days prior to the
hearing. This Section also allows processes in the event a newspaper of
general circulation is not available and allows additional noticing, if desired.
• Government Code Section 65091: If the GPA affects the permitted uses or
intensity of uses of real property, in addition to notices pursuant to section
65090, notice must be mailed to the property owner, his or her representative
and project applicant, services providers (such as water, sewer, schools etc.),
persons that may have mineral rights to the property in question, and
residents within 300 feet of the property. However, if the number of notices
required for the action is over 1,000, a display advertisement of at least one-
eighth page may instead be placed once in at least one newspaper of general
circulation.
In addition to the required noticing under state law, typically the City also:
• Website: Has information on upcoming hearings about the matter on the City’s
website, typically on its own webpage.
• Postcard: Mails one postcard about proposed GPAs to every mailing address
in Cupertino to inform the community about potential amendments and
tentative hearing dates. This also includes the web URL for the project which
allows signing up for e-notifications.
Municipal Code Amendments (MCAs)
Sections 19.12.110 and 19.12.030 require the City to follow the requirements of
Government Code Sections 65853-65857. Similar to the requirements set forth for
GPAs, these sections of the Gov. Code require noticing pursuant to Govt. Code
Sections 65090, and if a MCA would affect the permitted uses or intensity of uses of
real property, additionally, notice is required pursuant to Government Code Section
65091. The requirements for notice under these sections of state law are summarized
in the Section above related to GPAs.
In addition to the required noticing under state law, typically the City also provides
the information on a website with project information, and information about
upcoming hearings as noted above.
Development Proposals
Section 19.12.110 identifies noticing requirements for all development proposals
(including GPAs and MCAs described above), while Table 19.12.030 identifies the
radius for required mailed notices. The Municipal Code allows staff to increase the
required radius noticing depending on the scale of the project. Noticing
requirements can be divided into published and mailed notices, and site signage.
These are summarized below:
• Published and mailed notices: The type of published and/or mailed noticing
depends on whether a development proposal requires a Public Hearing, a
Public Meeting or a Comment Period pursuant to Table 19.12.030.
o Public Hearing noticing must be provided pursuant to Government Code
Sections 65090 and 65091 (described above).
o Public Meeting noticing must comply with the requirements of
Government Code Section 65091.
o Comment period noticing must comply with the requirements of
Government Code Section 65091, except that the timing of the notice must
allow for a 14 day comment period.
• Site Signage: Site signs are required for most development projects as
identified in Table 19.12.030, prior to any decision being made for a project.
For larger development projects the signs need to be four-foot by six- foot in
dimension and attached firmly to two 5-foot tall posts. For Residential Design
Review, Minor Ministerial Permits (units pursuant to SB 9) and Tree Removal
Permits in R1 or R2 zoning districts, the site sign must be three feet by two
feet in size.
Preliminary Applications
Preliminary Applications can be divided into two categories: SB 330 preliminary
applications and other preliminary applications.
• SB 330 preliminary applications: Under state law, cities are required to accept
preliminary applications, commonly known as SB 330 Preliminary
Applications, from applicants, which allow them to vest development
standards, policies and fees as of the date of the pre-application.1 The City
only needs to accept the submittal of an SB330 Preliminary Application.
Because this is not a formal application and does not involve any
determination or decision by the City, no noticing is required under the
Municipal Code, or by state law.
• Pre-application review: Pre-application review (as opposed to a preliminary
application under state law) is provided as a voluntary process/service for
applicants and is neither a requirement of the Municipal Code nor state law.
1 More information about SB 330 and the Preliminary Application process can be found online here:
https://www.hcd.ca.gov/planning-and-community-development/statutory-determinations
These are not formal project applications and do not result in any decision on
a project by the City; therefore, no noticing is required.