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
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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.
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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:
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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:
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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
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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.
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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.
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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.
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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:
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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
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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
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