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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 Page 2 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.