Loading...
Ordinance 1664ORDINANCE N0. 1664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AP4ENDING ITS ORDINANCE CODE TO ADD TITLE 20 REGARDING THE ENACTMENT AND AMENDP4ENT OF GENERAL AND SPECIFIC PLANS IT IS HEREBY ORDAINI'sD BY THE CITY COUNCIL OF THE CITY OF CUPERTINO: Section 1 - Amendment There is hereby addc~d to the Cupertino Municipal Code Title 20 to read as follows: Tii~le 20 General and Specific Plans Chaptc~r 20.02 General Plans Section 20.02.010 Purpose:a A. State requiresthat the City Council adopt a comprehensive, long term general plan for the physical development of the City, a~1d any land outside the City's boundaries which relate to the City's planning. State law also requires that the City comply with Articles 5, 6,7 and 10.6 of the California Government Code dealing with the authority, scope, preparation, adoption, amendment, and administration of a general plan and the elements thereof. B. However, state law also encourages the City to implement the above-described provisions in ways that [D2/0/S/P/.3(r72194)] 1 accommodate local conditions and circumstances, while meeting the minimum requirE~ments of said provisions. C. This chapter is intended to implement the above-described provisions of state law. Section 20.02.020 Content: and Scope of the General Plan The contents and scope of the general plan of the City shall be consistent with the applicable provisions of the California Government Code. The general plan may be adopted in any format dE~emed appropriate or approved by the City Council, incluciing the combining of elements described in Section 65302 of the California Government Code. The degree of specificity and level of detail of the discussion of each sha].1 reflect local conditions and circumstances. The general plan may include any additional elements (other than those described in California Government Code Section 65302) or address any other subjects which, in tYie judgment of the City Council, relate to the phy:~ical development of the City. Section 20.02.020 Preparation, Adoption, and Amendment A. Conformance witYi State Law The City shall ~~repare, adopt, and amend its general plan and any elemecit thereof in conformance with applicable provisions of ttie California Government Code. [D2/0/S/P/.3(r72194)] ?. B. Annual Review of the General Plan The Planning Commission and City Council shall review the general plan on an annual basis. Said review shall be conducted pursuant to the .procedures described in the California Government Code for amendments to the general plan. C. Procedure for I~aterested Party to Request Hearing Regarding Planning Commission's Recommendations for General Plan Amendment: With respect to an ;action by the Planning Commission regarding a rec~~mmendation for an amendment to the general plan, any i~zterested party may file with the City Clerk a written request for a hearing before the City Council within fi~~e (5) days after the planning commission's action on the proposed amendment. Notice of the hearing shall be gi~~en pursuant to Government Code § 65090. The City Council may pursuant to Government Code Section 66016, establish by resolution a fee to cover the cost of e:~tablishing the procedures and conducting the hearing desc:ribed herein. D. General Plan AmE~ndments If it deems it to bE~ in the public interest, the City Council may amend all or part of any adopted general plan. Consideration of such amendment may be commenced as follows: [D2/0/S/P/.3(r72194)J :3 1) By the City Council in conformance with California Government Code Section 65350 et seq. 2) By the Planning Commission or any other interested party in conformance with subsection 20.02.020(E) of this title,. E. Procedure for Commencing a Request for General Plan Amendments Macie by the Planning Commission or by any Interested Party.. Subject to the limitations on the number of amendments to mandatory elements of the general plan which may occur per year under the provision of California Government Code Section 65358, the City Council may initiate consideration of a proposed general plan amendment upon writter.~ request by the Planning Commission or any interested person. Said written request shall be filed with, the Director of Community Development and submitted t.o the City Council at a regular meeting by the Director within 45 days of its filing. The City Council may initiate the process to consider such a general plan amendment proposal when it finds that the proposal will benefit the City and is compatible with the existing general plan policies and goals. In addition, the proposal should meet at least one of the following criteria: [D2/0/S/P/.3(r72194)] 4 1) The proposal ap~~ears to support the existing general plan goals and objectives (although the degree of public benefit could noi~ be fully ascertained until the project is fully asses:~ed). 2) The proposal re~~resents an unforeseen land use trend that has not bee~i previously considered. 3) The existing Ge~ieral Plan Policy which precludes the proposal is based upon outdated or inaccurate information. Upon initiating the consideration of a general plan amendment under this :subsection, the City Council will immediately refer the proposal to the Planning Commission for its recommendations under the procedures described in the Californi~i Government Code. With respect to pro~~osals commenced by an interested party, the City Council shall require that an amount equal to the estimated cost of preparing the proposed general plan amendment be deposited with the City prior to its preparation. 20.02.030 Severability If any provision of this Chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not <<ffect other provisions or applications of this chaptE~r which can be given effect without the invalid provision or application, and to [D2/0/S/P/.3(r72194)] ~i this end the provisions of this Chapter are declared severable. Chapter 20.04 Specific Plans 20.04.010 Purposes A. A specific plan is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership p,~tterns, topographical considerations, and community design objectives. B. A specific plan is intended to encourage variety in the development pattern of the City, to promote a more desirable hiving environment, to encourage creative approaches in land development, to provide a means of reducing the amount of improvements required in development through better design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of 1~ublic and private common open space. C. This chapter is intended to implement Article 8 of the California Government Code regarding the adoption and administration of specific plans. [D2/0/S/P/.3(r72194)] E- 20.04.020 Applicability o:E Specific Plan Regulations No building, struct~lre or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or dE~molished in any area of the City which is governed by ~~ specific plan except in accordance with the provisions set forth in this chapter. 20.04.030 Preparation, Adc~tion and Amendment; repeal A specific plan sha].1 be prepared, adopted, and amended in the same manner as is provided in the California Government Code for the preparation, adoption and amendment of general plans, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed appropriate by the City Council. A specific elan may be repealed in the same manner as it is required to be amended. 20.04.040 Zoning District Applicable to a Specific Plan All areas governed by a specific plan shall be zoned as a Planned Development (PD) Zoning District under Chapter 19.48 of the City's ordinance code and all regulations governing land use approvals in a Planned Development Zone shall be applicable to specific plans. A proposal for specific plan may be combined with any application for land use under the City's Planned Development Zone. [D2/O/S/P/.3(r72194)] 7 20.04.050 Required Contents of a Specific Plan A. A specific plan shall include a text and a diagram which describe all of the following: 1. The distribution, location, and extent of the uses of land, includin~3 open space, within the area covered by the plan. 2. The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards aril criteria by which development will proceed, rind standards for the conversion, development, acid utilization of natural resources, where applicable. 4. A program of~ implementation measures including regulations, proc~rams, public works projects, and financing measures necessary to carry out paragraphs (1) (2) and (3). 5. Any other ir.~formation deemed appropriate by the Director of Community Development, the Planning Commission or the City Council. [D2/0/S/P/.3(r72194)] 8 B. The specific pl,sn shall include a statement of the relationship of the specific plan to the general plan. 20.04.060 Specific Plan Fees A fee shall be imposed to recover the costs associated with the prepar<stion, adoption, and administration of a specific plan. Said fee shall be payable upon issuance of a building permit for new construction for a project located in an area governed by a specific plan. New construction means: a) Construction of new square footage, or b) Reconstruction or remodeling of existing space which houses a land i::se which would require the issuance of a conditional case permit under the City's Planned Development Zone Ordinance. In the event that a project consists of new construction which is 25$ or less of the maximum square footage allowed on the site, the Director of Community Development may, in his/her discretion, defer payment of all, or a portion of, the fee until such time as the accumulated total of new construction. exceeds 25$ of the maximum allowable square feet on the site at which time the full amount of the fee is due and payable. Said fee above described is calculated as follows: [D2/0/S/P/.3(r72194)) 9 Fee=A[M(1+bn)] Where: A = Number of gross acres in a development project measured to the center line of each adjoining street. M = The City's average cost per acre of preparing a specific plan (including EIR costs). b = The annual .inflation rate as determined ley a recognized inflation index (If for example, the annual inflation r~3te is 6$, then 6=0.06) n = Number of years since the year of specific pl<~n adoption. Section 20.04.070 Severab:ility If any provision of this Chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable. Section 2 - Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general [D2/0/S/P/.3(r72194)] 10 circulation published and <:irculated in the City within fifteen (15) days after it:~ passage, in accordance with Section 36933 of the Gover~zment Code; shall certify to the adoption of this ordin~~nce and shall cause this ordinance and her certific<3tion, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regu:Lar meeting of the City Council of the City of CupE~rtino this 18th day of July , 1994, and ENACT]3D at a regular meeting of the City Council of the City oi= Cupertino this 1st day of AuQUSt , 1994, by thE~ following vote: Vote: Members of the City Council: Ayes: Bautista, Burnett, Dean, Koppel Noes : None Absent : Sorensen Abstain: None ATTEST : A]?PROVED /s/ Kim Marie Smith /s/ Barb Koppel City Clerk M~~yor, City of Cupertino [D2/O/S/P/.3(r72194)] 11