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HomeMy WebLinkAboutPC RESOLUTION NO. 2025-15 (MCA-2024-004)RESOLUTION NO. 2025-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The Planning Commission recommends that the City Council: 1. Determine that Project is exempt under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA") because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. 2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A with the following modifications: • Remove proposed amendments unrelated to SB 450 compliance, minor text edits to correct typos, updated references, and ensuring internal Code consistency. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 9th day of September, 2025, by the following roll call vote: AYES: COMMISSIONERS: Rao, Kosolcharoen, Lindskog, Scharf, and Fung NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Page 1 of 61 ATTEST: Luke Connolly Assistant Director of Community Development APPR ED: Santosh Rao Chair, Planning Commission Page 2 of 61 ORDINANCE NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The City Council of the City of Cupertino finds that: WHEREAS, the City Council desires to have objective standards applicable to projects that are clear and understandable to ensure orderly development; and WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to two -lot subdivisions and duplex development, and to clarify existing standards within the Municipal Code to better align with internal policies and practices; and 3. WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and WHEREAS, in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment; and 5. WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on September 9, 2025 to consider the Ordinance; and 6. WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission recommended on a unanimous vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards; and 7. WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and 8. WHEREAS, the City Council of the City of Cupertino is the decision -making body for this Ordinance. Page 3 of 61 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is further amended as set forth in Exhibit A. SECTION 2: Severability and Continuity. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 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 an amendment to or readoption of the earlier provisions. SECTION 3: California Environmental Quality Act. Determine that Project is exempt under the requirements of the California Environmental Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, "CEQA") subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Page 4 of 61 SECTION 5: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on October 7, 2025 and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Page 5 of 61 SIGNED: Liang Chao, Mayor Date City of Cupertino ATTEST: Kirsten Squarcia, City Clerk Date APPROVED AS TO FORM: Floy Andrews, City Attorney Date Page 6 of 61