104-C. PC Staff Report of 11-9-10.pdfATTACHMENT C
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.or
PLANNING COMMISSION STAFF REPORT
Agenda Item No.
Agenda Date: November 9, 2010
Application: MCA-2010-06
Applicant: City of Cupertino
Application Summary: Municipal Code Amendment to Chapter 19.48 (Planned
Development (P) Ordinance), Chapter 19.72 (Private Recreation (PF) Zone Ordinance),
Chapter 19.124 (Planned Development Permits, Conditional Use Permits and Variances
Ordinance) and Chapter 20.04 (Specific Plans Ordinance) of the Cupertino Municipal
Code to be consistent with the 2007-2014 Housing Element.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council
adopt the proposed Ordinance (see Attachment A).
BACKGROUND:
On April 6, 2010, the City Council adopted the 2007 - 2014 Housing Element with
associated Municipal Code Amendments. Through a recent review of the Zoning
Ordinance, staff has identified the need for additional amendments to the following
Municipal Code sections for consistency with the approved Housing Element:
1. Chapter 19.48 (Planned Development (P) Zones),
2. Chapter 19.72 (Private Recreation (PF) Zone),
3. Chapter 19.124 (Planned Development Permits, Conditional Use Permits and
Variances)
4. Chapter 20.04 (Specific Plans).
DISCUSSION:
Amendment Categories
The proposed changes to the ordinance can be classified into three main categories:
1. Conformance/consistency with:
a. The Housing Element and
b. Other chapters of the Zoning Ordinance
MCA-2010-06 Planned Development Permit Amendments October 26, 2010
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2. Improving general readability
3. Eliminating redundancies/discrepancies
Text boxes have been placed adjacent to the revised ordinance language for ease of
reference (See Attachment B).
Amendment Details
Chapter 19.48 - Planned Development (P) Zones
Consistent with the Housing Element, ordinance language is changed to clarify that
developments in Planned Development Zones may be approved with the issuance of a
Planned Development Permit as opposed to a Conditional Use Permit.
Additionally, since the planned development permit process is described in Chapter
19.124 (Planned Development Permits, Conditional Use Permits and Variances),
information related to processing a planned development permit has been moved from
Chapter 19.48 (Planned Development (P) Zones) to Chapter 19.124. This is being
proposed to improve readability and eliminate repetitions in the Zoning Code. No
amendments are proposed to the process.
Chapter 19.124 - Planned Development Permits, Conditional Use Permits and Variances
The application requirements, processing, approval authority and findings for the
issuance of a planned development permit, conditional use permit or a variance are
prescribed in Chapter 19.124. This section has been re -arranged to enhance readability
and clarify requirements for each permit type.
The City Attorney has additionally recommended changes to the findings for variances
in order to be consistent with State Law. These have been incorporated into the draft
ordinance.
The dates pertaining to processing of applications and scheduling hearings vary
between different chapters of the Zoning Code and may not be consistent with the
requirements of the Permit Streamlining Act. However, we have confirmed with the
City Attorney that all applications are processed pursuant to the Permit Streamlining
Act since State Law prevails over any inconsistencies between State Law and the City's
Municipal Code. Staff recommends correcting these inconsistencies with the
amendments that are anticipated as part of the Development Permit Process Review.
Chapter 19.72 - Private Recreation (FP) Zones
The Private Recreation Ordinance currently refers to Chapter 19.48 for developments
requiring Conditional Use Permits. The revision in this section moves the reference to
Chapter 19.124 (Planned Development Permit, Conditional Use Permit and Variance).
Chapter 20.04 - Speci c Plans
Chapter 20.04 currently states that zoning districts that are governed by a specific plan
must be designated Planned Development (PD). The City's Zoning Map does not have a
MCA-2010-06 Planned Development Permit Amendments October 26, 2010
Page 3
PD designation. This reference has been corrected to state that such zones must be
designated as Planned Development (P) zoning districts consistent with Chapter 19.48
and Chapter 19.124.
Environmental Consideration
The proposed ordinance amendments are CEQA Exempt under the General Rule
Exemption (Section 15601(b)(3)). This exemption is allowed for projects 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.
Prepared by: Piu Ghosh, Associate Planner
Reviewed by:
Gary Chao
City Planner
Approved by:
Aarti Shrivastava
Community Development Director
ATTACHMENTS:
Attachment 1 Model Resolution (with Exhibit A, Attachment A, B, C and D)
Attachment 2 Strikethrough version of proposed amendments to Chapter 19.48,
Planned Development (P) Zones,
Attachment 3 Strikethrough version of proposed amendments to Chapter 19.72,
Private Recreation (FP) Zone,
Attachment 4 Strikethrough version of proposed amendments to Chapter 19.124,
Planned Development Permit, Conditional Use Permit, and Variance,
and
Attachment 5 Strikethrough version of proposed amendments to Chapter 20.04,
Specific Plans.