.04 MCA-2010-06 Planned Development Ordinance OFFICE OF COMMLIVITY DEVELOPMENT
CTTY HALL
10300 TORRE AVENL TE • CUPER'TIIVO, CA 95014-3255
C U P� RT 1 N K) (408) 777-3308 • FAX ;408) 777-3333 • planningC�3cu�ertino.org
PLANNING COMMI SSION STAFF REPORT
Agenda Item No. '�' Agenda Date: November 9, 2010
Application: MCA-2010-06
Applicant: City of Cupertino
Application Summary: Municipal Cod � Amendment to Chapter 19.48 (Planned
Development (P) Ordinance), Chapter 19.72 (Private Recreation (PF) Zone Ordinance),
Chapter 19.124 (Planned Development Pe��mits, Conditional Use Permits and Variances
Ordinance) and Chapter 20.04 (Specific Ilans Ordinance) of the Cupertino Municipal
Code to be consistent with the 2007-2014 �[ousing Element.
RECOMMENDATION:
Staff recommends that the Planning Coinmission recommend that the City Council
adopt the proposed Ordinance (see Attachment A).
BACKGROUND:
On April 6, 2010, the City Council ado��ted the 2007 - 2014 Housing Element with
associated Municipal Code Amendment:�. Through a recent review of the Zoning
Ordinance, staff has identified the need Eor additional amendments to the following
Municipal Code sections for consistency with the approved Housing Element:
1. Chapter 19.48 (Planned Development (:?) Zones),
2. Chapter 19.72 (Private Recreation (PF) ;?one),
3. Chapter 19.124 (Planned DevelopmE�nt Permits, Conditional Use Permits and
Variances)
4. Chapter 20.04 (Specific Plans).
DISCUSSION:
Amendment Categories
The proposed changes to the ordinance cali be classified into three main categories:
1. Conformance/consistency with:
a. The Housing Element and
b. Other chapters of the Zoning Ordin �nce
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MCA-2010-06 Planned Developm �nt Permit Amendments October 26, 2010
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2. Improving general readability
3. Eliminating redundancies/discrepancies
Text boxes have been placed adjacent tc� the revised ordinance language for ease of
reference (See Attachment B).
Amendment Details
Chapter 19.48 - Planned Develo�ment (P) Zo�ies
Consistent with the Housing Element, o rdinance language is changed to clarify that
developments in Planned Development Z ones may be approved with the issuance of a
Planned Development Permit as opposed to a Conditional Use Permit.
Additionally, since the planned develop�nent permit process is described in Chapter
19.124 (Planned Development Permits, Conditional Use Permits and Variances),
information related to processing a plann��d development permit has been moved from
Chapter 19.48 (Planned Development (:?) 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 Perm�ts, Conditional Use Permits and Variances
The application requirements, processing, approval authority and findings for the
issuance of a planned development perr:ut, conditional use permit or a variance are
prescribed in Chapter 19.124. This sectior. has been re-arranged to enhance readability
and clarify requirements for each permit t
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
bettiveen different chapters of the Zonin;; 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 incc�nsistencies between State Law and the City's
Municipal Code. Staff recommends �:orrecting these inconsistencies with the
amendments that are anticipated as part o E the Development Permit Process Review.
Cha�ter 19.72 - Private Recreation (FP) Zone �
The Private Recreation Ordinance currently refers to Chapter 19.48 for developments
requiring Conditional Use Permits. The r��vision in this section moves the reference to
Chapter 19.124 (Planned Development Pet mit, 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
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MCA-2010-06 Planned DevelopmE nt Permit Amendments October 26, 2010
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PD designation. This reference has been corrected to state that such zones must be
designated as Planned Development (P) z oning 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 exernption is allowed for projects where it can be
seen with certainty that there is no possi� ility that the activity in question may have a
significant effect on the environment.
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Approved by:
, ^
� Gary Cha Aarti Shrivas va
City Planner Community Development Director
ATTACHMENTS:
Attachment 1 Model Resolution (with E�:hibit A, Attachment I, II, III and I�
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.
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ATTACHMENT 1
MCA-2010-06
CITY OF ��UPERTINO
10300 Tc►rre Avenue
Cupertino, C:alifornia 95014
RESOLi JTION NO.
OF THE PLANNING COMMISS [ON OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO 'I'HE CITY COUNCIL AMENDMENTS TO
CHAPTER 19.48 (PLANNED DEVEI,OPMENT (P) ZONES), CHAPTER 19.72
(PRIVATE RECREATION (FP) ZONE), C��APTER 19.124 (PLANNED DEVELOPMENT
PERMITS, CONDITIONAL USE PERMITS AND VARIANCES) AND CHAPTER 20.04
(SPECIFIC PLANS) OF THE CUPERTIN�� MUNICIPAL CODE TO BE CONSISTENT
WITH THE 2010 �(OUSING ELEMENT.
The Planning Commission recommends �.pproval of the proposed amendments to the
City of Cupertino Municipal Code as sho��n in Exhibit A attached herewith.
PASSED AND APPROVED this 9h day of November 2010, at a Regular Meeting of the
Planning Commission of the City of Cupe��tino by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
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EXHIBITA
Ordinance No. 10.7�;aIXX
AN ORDINANCE OF THE CITY CC�UNCIL OF THE CITY OF CUPERTINO
AMENDING TO CHAPTER 19.48 (P]�ANNED DEVELOPMENT (P) ZONES),
CHAPTER 19.72 (PRIVATE RECRE ATION (FP) ZONE), CHAPTER 19.124
(PLANNED DEVELOPMENT PERMI'CS, CONDITIONAL USE PERMITS AND
VARIANCES) AND CHAPTER 20.04 (SPECIFIC PLANS) OF THE CUPERTINO
MUNICIPAL CODE TO BE CONSISTE �TT WITH THE 2010 HOUSING ELEMENT
AND TO IMPRC�VE READABILITY.
THE CITY COUNCIL OF THE CITY OF ��UPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement o Purpose.
This ordinance amendment clarifies la nguage regarding storage and parking of
vehicles.
Section 2. Code Amendment.
. A. Chapter 19.48, entitled "Planned Development (P) Zones," of the Cupertino
Municipal Code, is amended to read as sh��wn in Attachment A;
B. Sections 19.72.040 and 19.72.050 ir� Chapter 19.72, entitled "Private Recreation
(FP) Zone," of the Cupertino Municipa. Code are amended, to read as shown in
Attachment B;
C. Chapter 19.124, entitled "Planned Development Permits, Conditional Use
Permits and Variances," of the Cupertino ]Vlunicipal Code is amended, to read as shown
in Attachment C; and
D. Section 20.04.040 in Chapter 20.04, entitled "Specifics Plans," of the Cupertino
Municipal Code is amended, to read as sh��wn in Attachment D.
Section 3. SeverabilitU.
Should any provision of this Ordina�ice, or its application to any person or
circumstance, be determined by a cour : of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that deiermination shall have no effect on any other
provision of this Ordinance or the applic� tion of this Ordinance to any other person or
circumstance and, to that end, the provi��ions hereof are severable. The City Council
declares that it would have adopted tlus ordinance and each section, subsection,
sentence, clause, phrase or portion thereo E irrespective of the fact that any one or more
sections, subsection, sentence clause, ��hrases or portions be declared valid or
unconstitutional. �
Section 4. E ffective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption
as provided by Government Code Section 36937.
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Section 5. Certification.
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 pu �lished and posted in lieu of publication and
posting of the entire text.
Section 6. C�A•
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 Ordi:zance are substantially the same as previous
provisions of the Cupertino Municipal C;ode, these provisions shall be construed as
continuations of those provisions and not �s amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the day
of 2010 and ENACTED at a r egular meeting of the Cupertino City Council
on this of 2010 by the foll��wing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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ATTACHMENT A
CHAPTER 19.48: PLANNED DEVELOPIvIENT (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) zor►ing district is intended to provide a means of
guiding land development or redevelop:nent of the City that is uniquely suited for
planned coordination of land uses and tc� provide for a greater flexibility of land use
intensity and design because of acce� sibility, ownership patterns, topographical
considerations, and community design ob, ectives.
B. The planned development zonin�; district is specifically intended to encourage
variety in the development pattern of tlte community; to promote a more desirable
living environment; to encourage creativE approaches in land development; to provide
a means of reducing the amount of imp rovements required in development through
better design and land planning, to co�lserve natural features, to facilitate a more
aesthetic and efficient use of open space:�, and to encourage the creation of public or
private common open space.
19.48.020 Applicability of Regulations.
No building, structure or land shall � e 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-Per�nitted and Conditional Uses.
A. Planned development zoning dist,icts may be established, modified or removed
from the zoning map, and the regulati �ns 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 €;eneral type of use allowed in the particular
planning development zoning district. ��or example, a planned development zoning
district in which the uses are to be gener�il 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 cc►nstitutes the designation following the letter
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coding "P." For example, the permitted uses in a P(CG) zoning district are the same
uses which are permitted in a CG zoning c.istrict.
D. Conditional uses in a P zoning di� trict shall consist of all uses which require the
issuance of a conditional use permit i�i the zoning district which constitutes the
designation following the letter coding ":?." 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 �vith the adopted General Plan relative to the
property in the application. The deve lopment 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 oE Community Development a conceptual
development plan, which will include a�;eneral 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 c�ther information required by the Director of
Community Development, the Planning Commission, or the City Council. The Director
of Community Development shall pro��ide the applicant with a detailed list of
information required for a conceptual dev��lopment plan.
B. Process and Review Authority -
1. Applications for the zoning, prE�zoning 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 ��r properties as a planned development zone,
incorporating within such ordinance the cc�nceptual 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, A�nendments to the Zoning Maps or Zoning
Regulations Ordinance„ the following finciings are made:
1. That the conceptual developmeni plan attached to the application is consistent
with both the General Plan and any unde;•lying zoning designation �vhich regulates the
site;
2. That the conceptual developmen: plan provides for an organized and unified
system of land uses and land use intensities which would be compatible with the .
surrounding neighborhood;
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3. That the conceptual developme�lt plan for a residential use ensures that the
proposed development provides adequ��te 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 develo��ment 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 c�utside 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.
D. Modifications - Any modification c►f 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 - Nothilg in this chapter is intended to prohibit a
combined application for zoning and plaiuled 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.
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ATTACHMENT B
CHAPTER 19.72: PRIVATE RECREATI()N (FP) ZONE
19.72.040 Conditional Uses-Use Permit I:equired.
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 rezcming shall be accompanied by a simultaneous
request for use permit approval. The use �ermit review procedure shall be as described
in Chapter 19.124, Planned Developm��nt Permits, Conditional Use Permits and
Variances.
A. Outdoor Uses Permitted by Co nditional Use Permit Issued by the Planning
Commission:
1. Equestrian center including riding academies, stables and horse rental,
2. Practice range for archery or firear:ns,
3. Golf course with or without drivin� range,
4. Swim and racquet club,
5. Swimming, diving or related sport � center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball, badminton and similar activities,
8. Specialty outdoor activity center E�ncompassing 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 tr;�ining,
b. Football,
c. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
10. Amusement parks with or withot�t rides or live entertainment,
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11. Bicycle motocross course/go-cart track or similar specialty raceway, but
excluding facilities for racing of automobi:.es or motorcycles,
12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding
common carrier passenger aircraft service .
13. Other outdoor recreation uses wYuch are found by the City Council or Planning
Commission to be of similar intensity anc� characteristics of use to those enumerated in
this subdivision;
B. Indoor Uses Permitted by Cor�ditional Use Permit Issued by the Planning
Commission:
1. Museums and galleries,
2. Theaters for film, stage or music er�tertainment,
3. Specialty indoor activity center e ncompassing 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 trainin�; 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 ancl characteristics of use to those enumerated in
this subsection.
.
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ATTACHMENT C
CHAPTER 19.124: PLANNED DEVEL()PMENT PERMITS, CONDITIONAL USE
PERMITS AND VARIANCES .
Section
19.124.010 Authority of the Director of Community Development.
19.124.020 Application for planned cievelopment 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 C�mmission.
19.124.070 Action by the City Council.
19.124.080 Planned development pe:�mit and conditional use permit-Findings and
conditions.
19.124.090 Variance-Findings and cc�nditions.
19.124.100 Effective date.
19.124.110 Expiration, extension anc. revocation.
19.124.120 Expansion of planned de��elopment or conditional uses.
19.124.130 Change of use.
19.124.140 Concurrent applications.
19.124.010 Authority of the Director of C ommunity Development.
Subject to the provisions of this chapter and general purpose and intent of this title,
the Director of Community Development :nay grant the following:
A. Any development permits whicll are authorized to be issued by the Director
pursuant to any provision of this title. .�11 other planned development permits and
conditional use permits shall be issued b�� either the Planning Commission or the City
Council, as provided by this title;
B. A variance from the site develc�pment regulations and parking and loading
regulations (except those handicapped ��arking regulations mandated by State law)
applicable within any district established l�y this title;
C. A variance from the special conditions that apply to site development and
parking and loading regulations (ir cluding conditions attached to planned
developments) applicable within any disfi ict established by this title.
D. A request for reasonable accomm �dation made by any person with a disability,
when the strict application of the provisic�ns within residential districts, act as a barrier
to fair housing opportunities, pursuant to Chapter 19.50.
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19.124.020 Application for Planned Development Permit
A. An application for a planned de��elopment permit may be made by the owner
of record, or his agent, of property for which the planned development is sought.
B. Application shall be made to the - �irector, on a form provided by the City, and
shall contain the following:
1. A description and map showin; 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 zorung, for the entire property;
3. Architectural drawings of the prc�posed development;
4. Maps showing the locations of biiildings; �
5. Renderings showing building he: ghts and square footages;
6. Maps showing the precise locatic n of roads, streets, alleys and access points;
7. A traffic analysis; and
S. 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 retur�table to the applicant.
19.124.030 Application for Conditional Lfse Permit or Variance.
In addition to all information required p arsuant to Section 19.124.020, Application for
Planned Development Permit, the followi:lg information shall be provided:
A. If the application is for a conditi��nal use permit, plans and/or descriptions of
existing and proposed uses of the prope;•ty, and describing in detail the nature of the
- use proposal to be conducted on the prop��rty;
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 a��plications.
19.124.040 Action by the Director.
A. Unless otherwise provided by Section 19.04.090, Combined a�plication for land
use entitlements, the following actions :�hall 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 app .ication for a planned development permit,
conditional use permit or variance, the � irector 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 m��eting of the Planning Commission, unless the
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application is diverted for administrat ve approval, pursuant to Chapter 19.132,
Administrative Approval of Minor Ch�:nges in Projects or Architectural and Site
Approval, pursuant to Section 19.124.O�E0 (A)(2) below. The public hearing shall
commence within sixty days of the date it is set.
2. If the application is for a planned clevelopment permit for an individual single-
story or two-story single family resider�ce that directly incorporates Chapter 19.28
(Single Family Residential (R1) Zones' standards, the Director shall divert the
application to be processed as set fortli in Chapter 19.134, Architectural and Site
Review, for approval by the Design Revie�v Committee.
B. The Director shall endeavor to for�vard a written report to the City Council and
Planning Commission of the action he/slte has taken on each application for planned
development permit, conditional use pernuts and variances.
19.124.050 Notice of Public Hearing.
Notice of any public hearing under thi� 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 hearir�g, 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 c►f the hearing, the Director, Commission or
Council shall make findings and shall rf �nder 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 tr.e 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 Comrnission.
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 urits. For all other planned development permit
applications, the Planning Commission shall make a recommendation to the City
Council.
B. For all perxnits subject to this Cha��ter except those regulated by subsection A of
this section 19.124.070, the review proce� s shall be as specified in the Chapter of this
code that specifies the zoning classificatio�i that applies to the property in question.
C. The Director shall endeavor to fc►rward 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 d��cision is advisory to the City Council, the
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Director shall endeavor to forward the P:.anning Commissiori s recommendations and
findings to the City Council within fifteen days of the Commissiori 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 r�commendation of the Planning Commission.
19.124.080 Planned Development Permit and Conditional Use Permit-Findings and
Conditions.
A. The decision maker may grant a�lanned development permit or a conditional
use permit only if all of the following find: ngs are made:
1. The proposed development and�'or use, at the proposed location, will not be
detrimental or injurious to property or unprovements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience;
2. The proposed development anc./ or use will be located and conducted in a
manner in accord with the Cupertino Cornprehensive General Plan, underlying zoning
regulations, and the purpose of this title.
B. The decision maker may impose v��ith 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 vic inity.
C. Permits are approved for a t�wo��year period or a longer period of time to be
dete_rmined by the decision-making body.
19.124.090 Variance-Findings and Conditions.
A. The Director may grant a varian�:e from the site development regulations, the
parking and loading regulations or the special requirements 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 surroundir�gs) that do not apply generally to property in
the same district;
2. The special circumstances applic�able 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 priviieges
inconsistent with the limitations upon o properties in the vicinity and zoning in
which such property is situated.
4. The variance is not being issued f or the purpose of allowing a use that is not
otherwise expressly authorized by the ::one regulation governing the parcel of the
. property.
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5. The granting of the application will not be detrimental or injurious to property
or improvements in the vicinity and will itot 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, conc.itional 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 Re� ocation.
A. Expiration.
1. A planned development permit, :onditional use permit or variance which has
not been used within two years followin�; 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 conti:luous activity has taken place upon the land
subject to the permit or variance or, in the event of the erection of a structure or
structures, when sufficient building activ ity has occurred and continues to occur in a
diligent manner.
2. Notwithstanding subsection 1 of :his section, if the use for which a conditional
use permit was granted and utilized has �:eased or has been suspended for one year or
more, said permit becomes null and void.
3. Unless a variance has expired pt�rsuant to subsection 1 of this section, it shall
continue to exist for the life of the exi:;ting 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 operatic ns of the use and/ or structure for which the
variance was issued.
B. Extensions. The decision make r 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 varianc � for a maximum of one year only, upon
application filed by the applicant with tlie Director prior to expiration. Upon timely
filing of an extension request with the Dv�ector, the time for which a permit or variance
must be used shall be automatically exter�ded until the request is heard by the decision
maker.
C. Revocation. In any case where, in the judgment of the Director, substantial
evidence indicates that the conditions of a planned development permit, conditional use
permit or variance have not been implemE�nted, 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 he;�ring before the decision maker granting the
original permit or variance, and notice a public hearing in accordance with Section
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4�-16
19.124.050, Notice of Public Hearing, of th.s code.
19.124.120 Expansion or Modification of Planned Development or Conditional Use
Permits.
A. Any significant expansion i 1 building size on site area of a planned
development or any significant increas�� of a conditional use shall necessitate the
issuance of a new planned developmerit permit or conditional use permit for the
expansion in accord with the provisions o:= this chapter.
B. Any modification to a previ�usly approved planned development permit
shall require an application for a modiEication to the original permit and shall be
processed pursuant to the requirement:; of this Chapter, unless the application is
diverted for administrative approval, ��ursuant to Chapter 19.132, Administrative
Approval of Minor Changes in Projects.
C. No applications for a planr.ed development permit or conditional use
permit shall be necessary for existing u� es which were lawful conforming permitted
uses and which were rendered condition�.l 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 developmerit 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 d evelopment permit, unless the proposed use
does not change the general appearance of the project and does not change how the
property interacts with neighboring propE�rties.
2. � A change from a permitted use c>r a conditionally permitted use to a different
conditional use requires the issuance of separate conditional use permit.
19.124.140 Concurrent Applications.
Not�withstanding any provision in this title to the contrary, any application for a
planned development permit, conditional use permit or variance which would
normaliy 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 amendmen zoning changes, subdivision maps or other
approvals which require City Council ap� roval.
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4-17
ATTACHMENT D
CHAPTER 20.04: SPECIFIC PLANS
20.04.040 Zoning District Applicable to a Specific Plan.
All areas governed by a specific plari shall be zoned as a planned development
(P)zoning district under Chapter 19.48 of :he City's Ordinance Code and all regulations
governing land use approvals in a plaru�ed development zone shall be applicable to
specific plans. A proposal for specific pl��n may be combined with any application for
land use entitlements in the City's planneci development zoning districts.
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4-18
ATTACHMENT 2
CHAPTER 19.48: PLANNED DEVELOPP✓IENT (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 Zonin� or Prezonin�. Ee�: •
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�°.^��-19.48.050 T T�� T'^�'w''} �� lanned �
Development Permit ,.�
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19.48.010 Purpose.
A. The planned development (P) zorung district is intended to provide a means of
guiding land development or redevelop nent of the City that is uniquely suited for
planned coordination of land uses and tc� provide for a greater flexibility of land use
intensity and design because of acce� sibility, ownership patterns, topographical
considerations, and community design ob; ectives.
B. The planned development zonin�; district is specifically intended to encourage
variety in the development pattern of tlie community; to promote a more desirable
living environment; to encourage creativE approaches in land development; to provide
a means of reducing the amount of imp rovements required in development through
better design and land planning, to co:lserve natural features, to facilitate a more
aesthetic and efficient use of open space;�, and to encourage the creation of public or
private common open space.
/r.�,.+1 1 OQ7\
• i i i • � • �
-19.48.020 Applicability of Regulations.
No building, structure or land shall ti�e 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.
I . , . ,
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4-19
I -19.48.030 Establishment of Districts-Per;nitted and Conditional Uses.
A. Planned development zoning dist�icts may be established, modified or removed
from the zoning map, and the regulatic�ns applicable to any planned development
district may be established, modified ��r deleted in accord with the procedures
described in this chapter.
B. All P districts shall be identified ��n 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 genera 1 commercial in nature, would be designated
"P (CG)." A planned development zonin�; district in which the uses are intended to be �
I a rriix of general commercial and residenti;il 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 ccnstitutes the designation following the letter o
coding "P." For example, the permitted , zses in a P(CG) zoning district are the same V
uses which are permitted in a CG zoning clistrict.
D. Conditional uses in a P zoning di��trict shall consist of all uses which require the
issuance of a conditional use permit iit the zoning district which constitutes the
designation following the letter coding "?." For example, the conditional uses in a P
(CG) zoning district are the same uses w hich require a conditional use permit in CG
zoning district. Each conditional use : n a P zoning district requires a separate
conditional use permit.
E. The general ca±egory of uses in a P zone shall be defined at the time of the
conceptual plan, and shall be consistent �vith the adopted General Plan relative to the
property in the application. The development standards and regulations of the
permitted and conditional uses shall be e�,tablished in conjunction with the approval of
the conceptual and definitive plans.
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. . . � • . � �� �� •-- � �� .�, , _�
-19.48.040 sZoning or Prezoning-.
A. A�plication - The applicant fo:� a P zoning district shall, at the time of the �
application, submit to the Director c f Community Development a conceptual �
development plan, which will include a;;eneral description of the proposed uses, the ;�
proposed traffic-circulation system, a topc�graphical map of the site and the neighboring ,�
properties, a landscaping plan, and any c�ther information required by the Director of y
Community Development, the Planning C'ommission, or the City Council. The Director �
of Community Development shall pro vide the applicant with a detailed list of
information required for a conceptual development plan.
n !,-.�,.+1 �_AA ?1
• i i i • i • i
B. Process and Review Authority -
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4-20
1. A�plications for the zoning, prf� zonin� or rezoning of property shall be
processed -in the manner prescribed �in Chapter 19.120 -, Amendments to the Zoning
Maps or Zoning Re�ulations. ,�
.�..�
2. Upon final approval of the application, the City Council shall enact an ordinance �
zoning or prezonin� the subject property �r properties as a planned development zone, �
incorporatinQ within such ordinance the a�nceptual�lan and conditions of approval. �
C. Findin�s — No such ordinance m� be adopted unless, �in addition to makin� �
the findin�s required by e�Chapter 19.12C, Amendments to the Zonin� Maps or Zonin�
Regulations Ordinance, �� �'��� r'�a�, the E:�'�� r'^�•���' m�'��°'��� followin fi� ndings a�
are made:
. . �
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1. That the conceptual developmen�: plan attached to the application is consistent
� with both the General Plan and any s�ee}€�i� underlyin z� oning designation which �
regulates the site; �
�
2. That the conceptual development plan provides for an organized and unified '�
system of land uses and land use inter�sities which would be compatible with the o
surrounding neighborhood; V
I 3. That �--the conceptual development plan for a residential use �ensures
that the proposed development provide:; adequate active and passive oriented open
space within the development to satisfy the needs of future residents and, further, that
the proposed development provides ac.equate landscaping that will function in a
manner which will enhance the individua: development and the community as a whole;
I 4. That the conceptual development_plan ensures that the location of the site with '�
respect to major thoroughfares and uses ��utside the zone would not create undue and �
unreasonable traffic congestion in the are�.; `�
�
I 5. That the conceptual developmeni_plan makes provisions for adequate parking, �
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4-21
waste disposal and undergrounding of uti:.ities.
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.- D. Modifications - Any modification of the conceptual
plan requires the submission of a rezoning; application.
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��.-�;.-�19.48.050. T T° n°"�" �� . Planned
Development Permit.
A. Process and Review Authority - Prior to any development within a planned
development zoning district, the applic�ant must obtain a ' -�se lp anned
development permit approving the de��elopment pursuant to the requirements of
Cha�ter 19.124, Planned Development Pe �mits, Conditional Use Permits and Variances �
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Combined A�plications - Nothing in thi:� chapter is intended to prohibit a combined
application for zoning and �se-planned develo�ment permit to be considered at the d ,
same public hearing. �-I�e� �r�ne-��iEa��� t��ei^e���'�' }��e��Q*�-� �.�.,�
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t��ei� , _ombined applications �r_ �^ "^"„'�., �� �_�� � �
n•r� ��r � r'�mm n�� }�- ' ' shall be processed and ��
reviewed as provided by Section 19.0�:.090� Combined Application for Land Use �
Entitlements V
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-6-
4-24
ATTACHMENT 3
CHAPTER 19.72: PRIVATE RECREATIC)N (FP) ZONE
� 19.72.040 Conditional Uses-Use Permit I:equired.
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 rezc�ning shall be accompanied by a simultaneous �
request for use permit approval. The usf� permit review procedure shall be �i��e �;
_ , as described in Chapter •�
�9:4� 19.124, Planned Development Permi :s, Conditional Use Permits and Variances o
A. Outdoor Uses Permitted by Co lditional Use Permit Issued by the Planning V
Commission:
1. Equestrian center including riding academies, stables and horse rental,
2. Practice range for archery or firear�ns,
3. Golf course with or without drivin; range,
4. Swim and racquet club,
5. Swimming, diving or related sport � center,
6. Picnic areas,
7. Racquet sports center for tennis, ra �quetball, badminton and similar activities,
8. Specialty outdoor activity center E ncompassing 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 tr�iining,
b. Football,
c. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
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4-25
10. Amusement parks with or withotit rides or live entertainment,
11. Bicycle motocross course/ go- cart track or similar specialty raceway, but
excluding facilities for racing of automobi les or motorcycles,
12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding
common carrier passenger aircraft service,
13. Other outdoor recreation uses wYuch are found by the City Council or Planning
Commission to be of similar intensity ancl characteristics of use to those enumerated in
this subdivision;
B. Indoor Uses Permitted by Cor�ditional Use Permit Issued by the Planning
Commission:
1. Museums and galleries, .
2. Theaters for film, stage or music eritertainment,
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 inst�uction,
6. Other indoor recreation uses whi;,h are found by the City Council or Planning
Commission to be of similar intensity anc� characteristics of use to those enumerated in
this subsection.
I � rd. ���.,�, e i,..,,.+�� � aa� J
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4-26
ATTACHMENT 4
CHAPTER 19.124: PLANNED DEVELi�PMENT PERMITS, CONDITIONAL USE
PERMITS AND VARIANCES
Section
19.124.010 Authority of the Director �f Community Development.
19.124.020 Application for planned development permit, ^^„�'�'-�^„�� ��°^ r°rm;} �"
�ia�e.
19.124.030 Application for condition�.l use permit or variance.
'°.'�^ .�019.124.040 Action by the L irector.
�°.'�:��19.124.050 Notice of public: hearing.
�°.'��19.124.060 T�'�����^~� ��+�~� �ea�Action bv the Planning Commission.
�°.'��19.124.070 Action by the C ity Council.
�°.'� ''�019.124.080 Planned devel �pment permit and conditional use permit-
Findings and conditions.
' °.'�w19.124.090 Variance-Findi 1gs and conditions.
� °.'n ''�.� 19.124.100 Effective date.
1 � 1 � A �o 19.124.110 Expiration, extE nsion and revocation.
'° Expansion of planned development or conditional uses.
1-�-��4.-�. . 19.124.130 Char��e of use.
� °.�-� ''�019.124.140 Concurrent ap��lications.
19.124.010 Authority of the Director of Community Development.
Subject to the provisions of this chaptE r and general purpose and intent of this title,
the Director of Community Development may grant the following:
A. Any development permits whic:l 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 b:� either the Planning Commission or the City
Council, as provided by this title;
B. A variance from the site develc�pment regulations and parking and loading
regulations (except those handicapped ��arking regulations mandated by State law)
applicable within any district established ��y this title;
C. A variance from the special conditions that apply to site development and
parking and loading regulations (ir.cluding conditions attached to planned
developments) applicable within any dist�•ict established by this title.
D. A request for reasonable accomm�dation made by any person with a disability,
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when the strict application of the provisic�ns 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�}����' rT�„ n,,,..,.;� ,,..
����
A. An application for a planned dE�velopment permit,
��a�may be made by the owner of r�cord, or his agent, of property for which the
planned development, � ��°°�'m�} ^" T�"'��"'^ is sought.
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; �
o�
2. A definitive development plan, consistent with the conceptual development �
�lan and conditions of approval of the zorun�, for the entire property; �
3. Architectural drawings of the prc��osed development; �
4. Maps showing the locations of bizildin�s; V
�
5. Renderin�s showin� buildin� he i�hts and square f ootages; �
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6. M�s showing the precise locaticm of roads, streets, alleys and access points; '�
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7. A traffic analvsis; and o
8. A construction plan, �
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49. 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 retu�nable to the applicant.
. , , ; • , • ,
19.124.030 Application for Conditional iJse Permit or Variance.
In addition to all information required pursuant to Section 19.124.020, Application for .�'
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Planned Development Permit, the followvl� information shall be provided:
A. If the a�plication is for a conditic>nal use permit, plans and/or descriptions of
existin� and proposed uses of the propei�ty, and describin� in detail the nature of the
use pro to be conducted on the propE�
B. If the application is for a varian�=e, plans and/ or descriptions of existin and
proposed construction on the propertv involved, to�ether with a statement of the
circumstances which �ustify the various aX��lications.
, , ; ,
�°.'��19.124.040 Action by the Direci or.
A. Unless otherwise provided by Sec 19.04.090, Combined �plication for land
use entitlements, •'�^�.��the following actions shall be taken
by the Director to process an application f�r a planned development permit, conditional
use permit or variance:
I 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 �t-the Director to be complete, set a date for a public
hearing upon the matter °�}'��r'���^r^ �M <<t a regular or special meeting of the Planning
Coinmission, �., t�ca�c.�,a�e unless the application is diverted for administrative
approval, pursuant t^ c,,,,�;,,r , a,�� n�n Chapter 19.132, Administrative Approval of
Minor Changes in Projects or Architecfiiral and Site Approval, pursuant to Section
19.124.040 (A�(2) below. The public hear ing shall commence within sixty days of the o
date it is set. . • .�b� � 2 ' °Q���1�3� • . N
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2. If the a�plication is for a planned �evelopment permit for an individual single- ��
storX or two-story sin�le family resideY�ce that directly incorporates Chapter 19.28 y o
�Single Family Residential (R1) Zones i standards, the Director shall divert the �,o,,, ;�
application to be processed as set fortli in Chapter 19.134, Architectural and Site �
a�
Review, for approval by the Desi�n Revie�v Committee. � �
B. The Director shall endeavor to for� a written report to the Ci ty Council ar.d
Plannin� Comrnission of the action he/sl has taken on each application for planned
development�ermit, conditional use pernuts and variances.
�°.'��19.124.050 Notice of Public He��ring.
N�tice of any public hearing under thi� chapter shall be given in the same manner as
I provided in Chapter 19.120� Amendments to the Zoning Maps and Zonin� Regulations,
of this title.
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I �°.'n '�.�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 ev .dence for or against such application. Within �
a reasonable time after the conclusion of the hearing, the Director� e�Commission or .�
Council shall make findings and shall rEnder a decision on the application which is o
supported by the evidence contained in th� application or presented at the hearing._ V
B. In the event that the decision by thE� Director, or the Commission, is a final one, �� o
then such decision is subject to the appeal procedures contained in Chapter 19.136� cn o
A�peals. �x t� r,. ,�t,.,� „ ni,�,,,;nn_c� •� •„� aee�s�on-����se��e-#-�e-�� d+
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19.124.070. Action b� the Planning Comr.lission.
A. For planned development permits, the Plannin� Commission is the final decision
making body if the application is for n �w develo�ment of less than five thousand
square feet of commercial or less thaii ten thousand square feet for industrial and/or °�
office use or less than ei ht residential units. For all other lanned develo ment ermit ��
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�plications, the Plannin� Commission shall make a recommendation to the City ,.� �
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Council. � t�
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B. For all permits subject to this ChaX ter except those regulated by subsection A of � V
this section 19.124.070, the review proce� s shall be as s�ecified in the Chapter of this
code that specifies the zoning classificatioi that a�plies to the proper in question.
C. The Director shall endeavor to fc�rward a written re�ort describing Plannin� �
Commission decisions to the City Council within five calendar days from the date of the
�
decision. If a Plannin� Commission dE �cision is advisorv to the City Council, the ��
Director shall endeavor to forward the P lannin� Commissiori s recommendations and ��
findings to the City Council within fifteen days of the Commission's decision. �
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19.124.070 Action by the City Council. � y
V
Upon receipt of a recommendation of � he Planning Commission �� �
� Q.'n '��, the City Council may approvE, modify, or disapprove the recommendation
of the Planning Commission.
. , . ,
'°.'��19.124.080 Planned Developmf�nt 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 find .ngs are made:
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1. The proposed development and� or use, at the proposed location, will not be
detrimental or injurious to property or irnprovements in the vicinity, and will not be
detrimental to the public health, safety, ge:leral welfare, or convenience;
2. The proposed development and / or use will be located and conducted in a
manner in accord with the Cupertino Cor.lprehensive General Plan, underl�g zonin�
re�ulations, and the purpose of this title.
B. The decision maker may impose �n�ith 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 co npatible 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.
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� o.��.�A19.124.090 Variance-Findings z.nd Conditions.
A. The Director may grant a varian�:e from the site development regulations, the
parking and loading regulations or the special requirements of this title applicable
within any district, if the Director finds:
1. There are �r��� e� cial circumstances ''
applicable to the property �includin� size, shape, topo�ra�hy, location or surroundin�s) �
�r�����that do not apply generally to pr �perty in the same district; �
�
2. The special circumstances applicable to the property deprive the propertv of �
privile�es en�oyed bv other property in the vicinit� and under identical zoning �
classification. �
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3. The issuance of the variance will not constitute a grant of special privile�es �,
inconsistent with the limitations upon oi:her properties in the vicinity and zonin�in �
which such �roperty is situated. �
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4. The variance is not bein� issued 4or the �urpose of allowin� a use that is not ��
otherwise express� authorized by the ::one regulation governing the parcel of the �
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property.
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�5. The granting of the application �n�ill not be detrimental or injurious to property
or improvements in the vicinity and will �iot be detrimental to the public health, safety,
and general welfare, or convenience, and i o secure the purpose of the title.
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I � °1�� '" °Oo19.124.100 Effective Date.
A planned development permit, conc itional use or variance shall take effect ten o
working days following the mailing of the notice of decision, unless an appeal is filed as ;�
provided in Chapter �9�19.136, A�peal:;. �
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'°.'�.�19.124.110 Expiration, Extensio n and Revocation.
A. Expiration.
1. A planned development permit, �:onditional 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. .� permit or variance shall be deemed to be
"used" when actual substantial and conti�tuous activity has taken place upon the land
subject to the permit or variance or, in the event of the erection of a structure or
structures, when sufficient building activity has occurred and continues to occur in a
diligenf manner.
2. Notwithstanding subsection 1 of i his section, if the use for which a conditional
use permit was granted and utilized has c�eased or has been suspended for one year or
more, said permit becomes null and void.
3. Unless a variance has expired pu rsuant to subsection 1 of this section, it shall
continue to exist for the life of the exi�ting structure or such structure as may be
constructed pursuant to the variance appr �val unless a different time period is specified
in its issuance. A variance from the parki�ig 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 make�� 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 tr�e 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 judgment of the Director, substantial
evidence indica�es 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 �i public hearing in accordance with Section
I �°.'��19.124.050,_ Notice of Public Hea:�in� of this code.
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'°.��'�19.124.120 Expansion or Modification of Planned Development or
Conditional Use Permit
A. Any significant expansion i:1 building size on site area of a planned
� development or any si�nificant increasf� of a conditional use shall necessitate the
issuance of a new planned developmer�t permit or conditional use permit for the
expansion in accord with the provisions o:� this chapter. �°,S,
B. AnX modification to a previ �us1X a�proved�lanned development permit w�
shall require an application for a modiEication to the original permit and shall be � v
�rocessed pursuant to the req,uirement:� of this Chapter, unless the application is o�
diverted for administrative approval, X►ursuant to Cha�ter 19.132, Administrative � V
A�proval of Minor Changes in Projects.
C. No applications for a planred development permit or conditional use
permit shall be necessary for existing uses which were lawful conforming permitted
uses and which were rendered conditionz l 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 developmer�t permit or conditional use permit in accord
0
with this chapter. o
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19.124.130 Change of Use.
1. A chan�e from a conditional usE or a permitted use to another permitted use
requires a modification of the planned development �ermit, unless the proposed use o�
does not chan eg the �eneral appearance of the pro�ect and does not change how the y .�'., �
property interacts with nei ng boring propE�rties. - ��
2. A change from a permitted use c►r a conditionally permitted use to a different o�
conditional use rec�uires the issuance of separate conditional use permit. �(�
. , , ; • , • ,
19.124.140 Concurrent Applications.
Not�vithstanding any provision in this title to the contrary, any application for a
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planned development permit, conditio nal use permit or variance which would
normally be issued by the Director of Community Development or the Planning
Commission may, at the discretion of t:1e Director, be processed concurrently with
applications for General Plan amendmeni s, zoning changes, subdivision maps or other
approvals which require City Council approval.
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ATTACHMENT 5
CHAPTER 20.04: SPECIFIC PLANS
20.04.040 Zoning District Applicable to a Specific Plan.
( All areas governed by a specific plan s:1a11 be zoned as a planned development (P�) ��
zoning district under Chapter 19.48 of tr.e City's Ordinance Code and all regulations ��
governing land use approvals in a planried development zone shall be applicable to ��
specific plans. A proposal for specific pl�.n may be combined with any application for ��
land use entitlements ��in the City's ��lanned development �exezonin� districts. V�
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