Ordinance No. 11-2073 Planned Development, 2010 Housing Element ORDINANCE NO. 11 -2073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TO CHAPTER 19.48 (PLANNED DEVELOPMENT (P) ZONES),
CHAPTER 19.72 (PRIVATE RECREATION (FP) ZONE), CHAPTER 19.124 (PLANNED
DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES) AND
CHAPTER 20.04 (SPECIFIC PLANS) OF THE CUPERTINO MUNICIPAL CODE TO
BE CONSISTENT WITH THE 2010 HOUSING ELEMENT
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment clarifies language regarding storage and parking of vehicles.
Section 2. Code Amendment.
1. Chapter 19.48, entitled "Planned Development (P) Zones," of the Cupertino Municipal Code,
is amended to read as shown in Exhibit 1;
2. Sections 19.72.040 and 19.72.050 in Chapter 19.72, entitled "Private Recreation (FP) Zone,"
of the Cupertino Municipal Code are amended, to read as shown in Exhibit 2;
3. Chapter 19.124, entitled "Planned Development Permits, Conditional Use Permits and
Variances," of the Cupertino Municipal Code is amended, to read as shown in Exhibit 3; and
4. Section 20.04.040 in Chapter 20.04, entitled "Specifics Plans," of the Cupertino Municipal
Code is amended, to read as shown in Exhibit 4.
Section 3. Severabilitv.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,
that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the provisions
hereof are severable. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsection, sentence clause, phrases or portions be declared valid or
unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
1
ORDINANCE NO. 1 -2073
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire text.
Section 6. CEOA.
Because this ordinance makes purely procedural changes, and improvements to readability, this
ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(c)(3).
Section 7. Continuity.
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 amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of
January 2011 and ENACTED at a regular meeting of the Cupertino City Council on this 18th of
January 2011 by the following vote:
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
7/ �rn1-/
City Clerk Mayor, City of Cupertino
2
EXHIBIT 1
CHAPTER 19.48: PLANNED DEVELOPMENT (P) ZONES
Section
19.48.010 Purpose.
19.48.020 Applicability of regulations.
19.48.030 Establishment of districts — Permitted and conditional uses.
19.48.040 Zoning or Prezoning.
19.48.050 Planned Development Permit.
19.48.010 Purpose.
A. The planned development (P) zoning district 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 patterns, topographical considerations, and community design
obj ectives.
B. The planned development zoning district is specifically intended to encourage variety in
the development pattern of the community; to promote a more desirable living 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 public or private common open space.
19.48.020 Applicability of Regulations.
No building, structure or land shall be used and no building or structure shall be erected,
enlarged or structurally altered, or demolished, in any planned development zoning district,
except in accordance with the provisions set forth in this chapter.
19.48.030 Establishment of Districts — Permitted and Conditional Uses.
A. Planned development zoning districts may be established, modified or removed from the
zoning map, and the regulations applicable to any planned development district may be
established, modified or deleted in accord with the procedures described in this chapter.
B. All P districts shall be identified on the zoning map with the letter coding "P" followed
by a specific reference to the general type of use allowed in the particular planning development
zoning district. For example, a planned development zoning district in which the uses are to be
general commercial in nature, would be designated "P (CG)." A planned development zoning
district in which the uses are intended to be a mix of general commercial and residential would
be designated "P (CG /Res)."
C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the
zoning district which constitutes the designation following the letter coding "P." For example,
the permitted uses in a P (CG) zoning district aro the same uses which are permitted in a CG
zoning district.
D. Conditional uses in a P zoning district shall consist of all uses which require the
issuance of a conditional use permit in the zoning district which constitutes the designation
1
ORDINANCE No. 11 -2073
following the letter coding "P." For example, the conditional uses in a P (CG) zoning district are
the same uses which require a conditional use permit in CG zoning district. Each conditional use
in a P zoning district requires a separate conditional use permit.
E. The general category of uses in a P zone shall be defined at the time of the conceptual
plan, and shall be consistent with the adopted General Plan relative to the property in the
application. The development standards and regulations of the permitted and conditional uses
shall be established in conjunction with the approval of the conceptual and definitive plans.
19.48.040 Zoning or Prezoning.
A. Application - The applicant for a P zoning district shall, at the time of the application,
submit to the Director of Community Development a conceptual development plan, which will
include a general description of the proposed uses, the proposed traffic - circulation system, a
topographical map of the site and the neighboring properties, a landscaping plan, and any other
information required by the Director of Community Development, the Planning Commission, or
the City Council. The Director of Community Development shall provide the applicant with a
detailed list of information required for a conceptual development plan.
B. Process and Review Authority —
1. Applications for the zoning, prezoning or :rezoning of property shall be processed in the
manner prescribed in Chapter 19.120 -, Amendments to the Zoning Maps or Zoning Regulations.
2. Upon final approval of the application, the City Council shall enact an ordinance zoning
or prezoning the subject property or properties as a planned development zone, incorporating
within such ordinance the conceptual plan and conditions of approval.
C. Findings — No such ordinance may be adopted unless, in addition to making the findings
required by Chapter 19.120, Amendments to the Zoning Maps or Zoning Regulations
Ordinance„ the following findings are made:
1. That the conceptual development plan attached to the application is consistent with
both the General Plan and any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides for an organized and unified system of
land uses and land use intensities which would be compatible with the surrounding
neighborhood;
3. That the conceptual development plan for a residential use ensures that the proposed
development provides adequate active and passive oriented open space within the development
to satisfy the needs of future residents and, further, that the proposed development provides
adequate landscaping that will function in a manner which will enhance the individual
development and the community as a whole;
4. That the conceptual development plan ensures that the location of the site with respect
to major thoroughfares and uses outside the zone would not create undue and unreasonable
traffic congestion in the area;
5. That the conceptual development plan makes provisions for adequate parking, waste
disposal and undergrounding of utilities.
2
ORDINANCE No. 11 -2073
D. Modifications - Any modification of the conceptual plan requires the submission of
a rezoning application.
19.48.050. Planned Development Permit.
A. Process and Review Authority - Prior to any development within a planned development
zoning district, the applicant must obtain a planned development permit approving the
development pursuant to the requirements of Chapter 19.124, Planned Development Permits,
Conditional Use Permits and Variances.
B. Combined Applications - Nothing in this chapter is intended to prohibit a combined
application for zoning and planned development permit to be considered at the same public
hearing. Combined applications shall be processed and reviewed as provided by Section
19.04.090, Combined Application for Land Use Entitlements.
3
EXHIBIT 2
CHAPTER 19.72: PRIVATE RECREATION (FP) ZONE
19.72.040 Conditional Uses —Use Permit Required.
The following uses may be permitted in private recreation (FP) zones, subject to the securing
of a conditional use permit in each separate case. At the inception of a rezoning to the FP
classification, such rezoning shall be accompanied by a simultaneous request for use permit
approval. The use permit review procedure shall be as described in Chapter 19.124, Planned
Development Permits, Conditional Use Permits and Variances.
A. Outdoor Uses Permitted by Conditional Use Permit Issued by the Planning Commission:
1. Equestrian center including riding academies, stables and horse rental,
2. Practice range for archery or firearms,
3. Golf course with or without driving range,
4. Swim and racquet club,
5. Swimming, diving or related sports center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball, badminton and similar activities,
8. Specialty outdoor activity center encompassing one or more of the following or similar
uses:
a. Roller skating,
b. Skateboarding,
c. Lawn bowling, bocce ball,
d. Miniature golf,
e. Waterslide,
9. Commercial athletic field for one or more of the following or similar uses:
a. Baseball, softball or batting cage training,
b. Football,
c. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
10. Amusement parks with or without rides or live entertainment,
11. Bicycle motocross course /go -cart track or similar specialty raceway, but excluding
facilities for racing of automobiles or motorcycles.
12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding
4
ORDINANCE NO. 11-2073
common carrier passenger aircraft service,
13. Other outdoor recreation uses which are found by the City Council or Planning
Commission to be of similar intensity and characteristics of use to those enumerated in this
subdivision;
B. Indoor Uses Permitted by Conditional Use Permit Issued by the Planning Commission:
1. Museums and galleries,
2. Theaters for film, stage or music entertainment,
3. Specialty indoor activity center encompassing one or more of the following or similar
uses:
a. Bowling,
b. Video games,
c. Pool, billiards,
d. Martial arts,
e. Ice or roller skating rink,
4. Personal fitness or sports training center with primary location of facilities and
equipment enclosed within a structure,
5. Dancehall or facility for dance instruction,
6. Other indoor recreation uses which are found by the City Council or Planning
Commission to be of similar intensity and characteristics of use to those enumerated in this
subsection.
5
EXHIBIT 3
CHAPTER 19.124: PLANNED DEVELOPMENT PERMITS, CONDITIONAL USE
PERMITS AND VARIANCES
Section
19.124.010 Authority of the Director of Community Development.
19.124.020 Application for planned development permit.
19.124.030 Application for conditional use permit or variance.
19.124.040 Action by the Director.
19.124.050 Notice of public hearing.
19.124.060 Action by the Planning Commission.
19.124.070 Action by the City Council.
19.124.080 Planned development permit and conditional use permit— Findings and
conditions.
19.124.090 Variance— Findings and conditions.
19.124.100 Effective date.
19.124.110 Expiration, extension and revocation.
19.124.120 Expansion of planned development or conditional uses.
19.124.130 Change of use.
19.124.140 Concurrent applications.
19.124.010 Authority of the Director of Community Development.
Subject to the provisions of this chapter and general purpose and intent of this title, the
Director of Community Development may grant the following:
A. Any development permits which are authorized to be issued by the Director pursuant to
any provision of this title. All other planned development permits and conditional use permits
shall be issued by either the Planning Commission or the City Council, as provided by this title;
B. A variance from the site development regulations and parking and loading regulations
(except those handicapped parking regulations mandated by State law) applicable within any
district established by this title;
C. A variance from the special conditions that apply to site development and parking and
loading regulations (including conditions attached to planned developments) applicable within
any district established by this title.
D. A request for reasonable accommodation made by any person with a disability, when
the strict application of the provisions within residential districts, act as a barrier to fair housing
opportunities, pursuant to Chapter 19.50.
19.124.020 Application for Planned Development Permit
A. An application for a planned development permit, may be made by the owner of record,
or his agent, of property for which the planned development is sought.
6
ORDINANCE No. 11 -2073
B. Application shall be made to the Director, on a form provided by the City, and shall
contain the following:
1. A description and map showing the location of the property for which the permit is
sought;
2. A definitive development plan, consistent with the conceptual development plan and
conditions of approval of the zoning, for the entire property;
3. Architectural drawings of the proposed development;
4. Maps showing the locations of buildings:,
5. Renderings showing building heights and square footages;
6. Maps showing the precise location of roads, streets, alleys and access points;
7. A traffic analysis; and
8. A construction plan,
9. Such additional information as the Director may deem pertinent and essential to the
application.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no
part of which shall be returnable to the applicant.
19.124.030 Application for Conditional Use Permit or Variance.
In addition to all information required pursuant to Section 19.124.020, Application for Planned
Development Permit, the following information shall be provided:
A. If the application is for a conditional use permit, plans and /or descriptions of existing and
proposed uses of the property, and describing in detail the nature of the use proposal to be
conducted on the property;
B. If the application is for a variance, plans and /or descriptions of existing and proposed
construction on the property involved, together with a statement of the circumstances which
justify the various applications.
19.124.040 Action by the Director.
A. Unless otherwise provided by Section 19.04.090, Combined Application for Land Use
Entitlements, the following actions shall be taken by the Director to process an application for a
planned development permit, conditional use permit or variance:
1. Upon receipt of a complete application for a planned development permit, conditional use
permit or variance, the Director shall, within thirty days from the date the application is
deemed by the Director to be complete, set a date for a public hearing upon the matter at a
regular or special meeting of the Planning Commission, unless the application is diverted for
administrative approval, pursuant to Chapter 19.132, Administrative Approval of Minor
Changes in Projects. The public hearing shall commence within sixty days of the date it is
set. If the application is for a planned development permit for an individual single -story or
two -story single family residence that directly incorporates Chapter 19.28 (Single Family
Residential (R1) Zones) standards, the Director shall divert the application to be processed as
7
ORDINANCE No. 11 -2073
set forth in Chapter 19.134, Architectural and Site Review, for approval by the Design
Review Committee.
B. The Director shall endeavor to forward a written report to the City Council and Planning
Commission of the action he /she has taken on each application for planned development permit,
conditional use permits and variances.
19.124.050 Notice of Public Hearing.
Notice of any public hearing under this chapter shall be given in the same manner as provided
in Chapter 19.120, Amendments to the Zoning Maps and Zoning Regulations, of this title.
19.124.060 Decision after Hearing.
A. At the time and place set for hearing, the Director, Planning Commission or City Council, as
the case may be, shall hear evidence for or against such application. Within a reasonable time
after the conclusion of the hearing, the Director, Commission or Council shall make findings and
shall render a decision on the application which is supported by the evidence contained in the
application or presented at the hearing.
B. In the event that the decision by the Director, or the Commission, is a final one, then such
decision is subject to the appeal procedures contained in Chapter 19.136, Appeals.
19.124.070. Action by the Planning Commission.
A. For planned development permits, the Planning Commission is the final decision making
body if the application is for new development of less than five thousand square feet of
commercial or less than ten thousand square feet for industrial and /or office use, or less than
eight residential units. For all other planned development permit applications, the Planning
Commission shall make a recommendation to the City Council.
B. For all permits subject to this Chapter except those regulated by subsection A of this section
19.124.070, the review process shall be as specified in the Chapter of this code that specifies the
zoning classification that applies to the property in question.
C. The Director shall endeavor to forward a written report describing Planning Commission
decisions to the City Council within five calendar days from the date of the decision. If a
Planning Commission decision is advisory to the City Council, the Director shall endeavor to
forward the Planning Commission's recommendations and findings to the City Council within
fifteen days of the Commission's decision.
19.124.070 Action by the City Council.
Upon receipt of a recommendation of the Planning Commission, the City Council may
approve, modify, or disapprove the recommendation of the Planning Commission.
19.124.080 Planned Development Permit and Conditional Use Permit — Findings and
Conditions.
A. The decision maker may grant a planned development permit or a conditional use permit
only if all of the following findings are made:
1. The proposed development and /or use, at the proposed location, will not be detrimental
8
ORDINANCE NO. 11 -2073
or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed development and /or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the
purpose of this title.
B. The decision maker may impose with reasonable conditions or restrictions as he deems
necessary to secure the purpose of this title and to assure operation of the development and /or
use in a manner compatible with existing and potential uses on adjoining properties and in the
general vicinity.
C. Permits are approved for a two -year period or a longer period of time to be determined
by the decision - making body.
19.124.090 Variance — Findings and Conditions.
A. The Director may grant a variance from the site development regulations, the parking
and loading regulations or the special requiremenl.s of this title applicable within any district, if
the Director finds:
1. There are special circumstances applicable to the property (including size, shape,
topography, location or surroundings) that do not apply generally to property in the same district;
2. The special circumstances applicable to the property deprive the property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
3. The issuance of the variance will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the 'vicinity and zoning in which such property is
situated.
4. The variance is not being issued for the purpose of allowing a use that is not otherwise
expressly authorized by the zone regulation governing the parcel of the property.
5. The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, and general
welfare, or convenience, and to secure the purpose of the title.
19.124.100 Effective Date.
A planned development permit, conditional use or variance shall take effect ten working days
following the mailing of the notice of decision, unless an appeal is filed as provided in Chapter
19.136, Appeals.
19.124.110 Expiration, Extension and Revocation.
A. Expiration.
1. A planned development permit, conditional use permit or variance which has not been
used within two years following its issuance, shall become null and void and of no effect, unless
a shorter or longer time period is specifically prescribed in the conditions of such permit or
variance. A permit or variance shall be deemed to be "used" when actual substantial and
continuous activity has taken place upon the land subject to the permit or variance or, in the
9
ORDINANCE No. 11 -2073
event of the erection of a structure or structures, when sufficient building activity has occurred
and continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more, said
permit becomes null and void.
3. Unless a variance has expired pursuant to subsection 1 of this section, it shall continue to
exist for the life of the existing structure or such structure as may be constructed pursuant to the
variance approval unless a different time period is specified in its issuance. A variance from the
parking and loading regulations shall be valid only during the period of continuous operations of
the use and /or structure for which the variance was issued.
B. Extensions. The decision maker granting the original planned development permit,
conditional use permit or variance may, without public hearing, extend the time for the use of
such permit or variance for a maximum of one year only, upon application filed by the applicant
with the Director prior to expiration. Upon timely filing of an extension request with the
Director, the time for which a permit or variance must be used shall be automatically extended
until the request is heard by the decision maker.
C. Revocation. In any case where, in the j udgment of the Director, substantial evidence
indicates that the conditions of a planned development permit, conditional use permit or variance
have not been implemented, or where the permit or variance is being conducted in a manner
detrimental to the public health, safety, and welfare, the Director shall set a date for a public
hearing before the decision maker granting the original permit or variance, and notice a public
hearing in accordance with Section 19.124.050, Notice of Public Hearing, of this code.
19.124.120 Expansion or Modification of Planned Development or Conditional Use
Permits.
A. Any significant expansion in building size on site area of a planned development or any
significant increase of a conditional use shall necessitate the issuance of a new planned
development permit or conditional use permit for the expansion in accord with the provisions of
this chapter.
B. Any modification to a previously approved planned development permit shall
require an application for a modification to the original permit and shall be processed pursuant to
the requirements of this Chapter, unless the application is diverted for administrative approval,
pursuant to Chapter 19.132, Administrative Approval of Minor Changes in Projects.
C. No applications for a planned development permit or conditional use permit shall be
necessary for existing uses which were lawful conforming permitted uses and which were
rendered conditional by reason of rezoning or change to this title, provided that any expansion in
the building site or site area of such use shall be subject to the issuance of a planned development
permit or conditional use permit in accord with this chapter.
19.124.130 Change of Use.
1. A change from a conditional use or a permitted use to another permitted use requires a
modification of the planned development permit, unless the proposed use does not change the
general appearance of the project and does not change how the property interacts with
10
ORDINANCE No. 11 -2073
neighboring properties.
2. A change from a permitted use or a conditionally permitted use to a different conditional
use requires the issuance of separate conditional use permit.
19.124.140 Concurrent Applications.
Notwithstanding any provision in this title to the contrary, any application for a planned
development permit, conditional use permit or variance which would normally be issued by the
Director of Community Development or the Planning Commission may, at the discretion of the
Director, be processed concurrently with applications for General Plan amendments, zoning
changes, subdivision maps or other approvals which require City Council approval.
11
EXHIBIT 4
CHAPTER 20.04: SPECIFIC PLANS
20.04.040 Zoning District Applicable to a Specific Plan.
All areas governed by a specific plan shall be zoned as a planned development (P) 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 entitlements in the City's
planned development zoning districts.
12
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 10 -2073, which was enacted
on January 4th, 2011, and that it has been published or posted pursuant to
law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
25th day of February 2011.
KIMBERLY S !f H, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate