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2016 S-59 Replacement PagesCUPERTINO, CALIFORNIA Instruction Sheet 2016 S-59 Replacement Pages REMOVE OLD PAGES INSERT NEW PAGES 243,244 43, 44 TITLE 19 : ZONING 243,244 COMPREHENSIVE ORDINANCE LIST 43, 44 1 2 AEO (3/17) Cupertino, California -Instruction Sheet 19.152.010 CHAPTER 19 .152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS Section 19.152 .010 19.152.020 19 .152.030 19.152 .040 Amendments. Changes in district boundaries . Changes in zoning regulations. Prezoning . 19.152.010 Amendments. This title may be amended by changing the boundaries of districts, or by changing the regulations applicable within one or more districts, or by changing any other provision of this title, whenever the public interest or general welfare so require. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh . A (part), 1992) 19.152.020 Changes in District Boundaries. Changes in the boundaries of districts established by this title may be initiated by any one of the following actions: A . By application of a property owner in accord with the requirements of Chapter 19 .12, which shall include the following: 1. A description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested; 2. A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 3 . Written copy of the applicant's description of how the proposed change complies with the Findings listed in the chapter that pertains to the requested change; B . By motion of the City Council , or by motion of the Planning Commission, which may include any public or private property, and shall be accompanied by: 1. Maps or descriptions necessary to define existing and proposed boundaries of districts, and 2 . A statement, describing in general terms, the reasons for consideration of a change in district boundaries . C. Findings: The Approval Body may approve of an application to change the district boundaries, if it finds all of the following : 1. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan . 2016 S-59 Rep!. 243 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). 3 . The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). 4 . The proposed zoning will promote orderly development of the City. 5 . That the proposed zoning is not detrimental to the health , safety , peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels . (Ord . 2085 , § 2 (part), 2011; Ord . 1601, Exh . A (part), 1992) 19.152.030 Changes in Zoning Regulations. A. Changes in any provision of this title, other than the boundaries of districts , may be initiated from time to time, by one of the following actions : 1. By motion of the City Council on its own initiative; 2. By motion of the Planning Commission on its own initiative. B. Changes initiated by motion of the Council shall be forwarded to the Planning Commission and may be supplemented by such explanatory material as the Council may deem appropriate to facilitate review and recommendation by the Planning Commission. C. Changes in Zoning Regulations shall be adopted by Ordinance by the City Council pursuant to the procedures described in Section 36931 et seq . of the California Government Code . D. Findings: The City Council may approve changes to the zoning regulations in this title , if in addition to the findings in Section 19 .152 .020(C), it finds : 1. The proposed amendments are internally consistent with this title . (Ord. 2085, § 2 (part), 2011) 19.152.040 Cupertino -Zoning 19.152.040 Prezoning. A. The determination of district classifications and district boundaries appropriate for property located outside the City, but potentially subject to annexation, may be made in the same manner as prescribed in this chapter and Chapter 19 .12, for any property within the City, provided that any ordinance duly passed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City . B. Upon passage of such an ordinance, the zoning map shall be revised to show the prezoned or potential classification to become effective upon annexation, and shall identify the district or districts applicable to such property with the label or nomenclature "prezoned." (Ord . 2085 , § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2016 S-59 Repl. 244 ) 43 Comprehensive Ordinance List Ord. No. Ord. No. 13-2109 Amends 14 .04.170 and 18 .32.390 14-2118 Amends 11.27.020, 11.27 .050, regarding acceptance of public 11 . 27 .145 regarding designation of improvements (14 .04, 18 .32) preferential parking zones around the 13-2110 Repealing and replacing Ch . 14.08, Civic Center Plaza (11.27) encroachments and use of city rights-of-14-2119 Rezoning certain land (Not Codified) way (14 .08) 14-2120 Amends 11. 08. 250 regarding 13-2111 Amends 14 .12 .120 regarding condition designated bicycle lanes (11.08) for development or building permit 14-2121 Amends 10 .56.020, 10.90 .010, (14 .12) 10.90 .020, 10.90.040, and 10.90.050 , 13-2112 Rezoning certain land (Not Codified) regarding outdoor smoking (10.56, 13-2113 Rezoning certain land (Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9 .17 .130 regarding single-use between city and Apple , Inc.; repeals carryout bags (9 .17) Ord. 1702 (Special) 14-2123 Adds 2.08.145 regarding City Council 13-2115 Amending Ch . 16; adding Ch . 16.02, review (2 .08) Administrative Code (Repealed by Ord . 14-2124 Rezoning certain land (Not Codified) 16-2155); repealing and replacing Ch. 14-2125 Adding Ch . 13.08, park land 16 .04, Building Code (Repealed by dedication, amending Ch . 18 .24, Ord. 16-2155; repealing and replacing dedications and reservations, Ch. Ch . 16 .06, Residential Code (Repealed 19 .08, definitions, Ch . 19.12 , by Ord. 16-2155); repealing and Administration, Ch. 19.20, permitted, replacing Ch . 16.12, Soils and conditional, and excluded uses in Foundations -Subdivisions; repealing agricultural and residential zones, Ch . and replacing Ch. 16 .16 , Electrical 19 .56, density bonus (Repealed by Code (Repealed by Ord . 16-2155); Ord . 16-2149), Ch . 19.76, Public repealing and replacing Ch. 16.20, Buildings (BA), Quasi-Building (BQ) Plumbing Code (Repealed by Ord. and Transportation (T) zones, Ch . 16-2155); repealing and replacing Ch . 19 .80, Planned Development (P) 16.24, Mechanical Code (Repealed by zones, Ch. 19.84, Permitted , Ord . 16-2155); repealing Ch. 16 .32, conditional and excluded uses in Open Swimming Pools; amends 16 .36.010, Space, Park and Recreation and 16.36 .020, 16.36.030, 16.36.040, Private Recreation zoning districts, 16.36.050, 16.36 .070, 16 .36 .120 Ch. 19.144, development agreements, regarding relocation of buildings; adding Ch. 19.172, below market rate repealing 16.36.130 regarding housing program (13 .08, 18 .24, 19 .08, violations-penalty for moving buildings; 19 .12, 19 .20, 19.56, 19 .76 , 19 .80, repealing and replacing Ch. 16.40, Fire 19 .84, 19.144, 19.172) Code (Repealed by Ord . 16-2155); 14-2126 Amends Ch. i4. i8 regarding tree amends 16 .54.010 regarding adoption of removal (14 .18) Energy Code; amends 16 .58.010, 15-2127 Amends 2 .36.030, 2.36.0070, 16.58.015, 16.58.040, 16 .58 .100 2.36.080 and 2.36 :090 regarding the regarding the Green Building Standards City Park and Recreation Commission Code (16 .02, 16.04, 16.06 , 16. q, (2.36) 16.16, 16 .20, 16.24, 16 .32, 16.36 , 15-2128 Amends 11.32.010 and adds 11 .32 .055 16.40, 16.54, 16 .58) regarding truck access to streets in 14-2 116 Adds 9 .15 .100 , 9 .15 .110 , 9.15.120 , school zones (11.32) 9.15.130 , 9.14 .140, prohibiting use of 15-2129 Amends Ch . 2.40, Disaster Council polystyrene foam disposable food (2.40) service ware (9.15) 15-2130 Amends Ch. 6 .24, Garbage , Non- 14-2117 Adds 16 .58.400 and 16 .58.420 to Ch . Organic Recycling and Organic Waste 16 .58, Green Building Standards Code; Recycling Collection and Disposal ; amends 1.08.010, 1.08.020, 1.08 .030 amends Ch. 9.16, Solid Waste, regarding right of entry for inspection Non-Organic Recycling and Recycling (16.58, 1.08) Areas (6.24, 9 .16) 2016 S-59 Cupertino -Comprehensive Ordinance List 44 Ord. No. Ord. No. 15-2131 Amends Ch. 15.32, Water Conservation 16-2147 Amends 11. 27 .145 concerning (15.32) designation of preferential parking zones 15-2132 Adds Ch. 2.94, Sustainability (11.27) Commission (2. 94) 16-2148 Approving development agreement 15-2133 Adds Ch. 16.28, Expedited Permit between city and Marina Plaza LLC Process for Small Rooftop Solar Systems (Special) (16.28) 16-2149 Amends 19 .08 .030, 19.12.080, 15-2134 Amends 11.32 .020, 11.32 .055 , 19 .12 .180, 19 .28 .120 and 19.32.010 11.32 .070 and 11.32.080 regarding related to permits, procedure, and code truck routes and truck access within city requirements; repeals and replaces Ch. and school zones, ( 11. 32) 19.56, Density Bonus; adds 1.10.055, 15-2135 Rezoning certain land (Not Codified) recording notice of violations, and 15 -2136 Amends § 2.12.040 , ordinance passage 19.104.205 , sign message substitution (2.12) (1.10, 19 .08, 19 .12, 19.28, 19.32, 15-2137 Amends § 2.04 .010, regular meetings 19.56, 19.104) (2.04) 16-2150 Amends 19 .124 .030 and 19.124.040 15-2138 Authorizing the implementation of a regarding parking standards in various Community Choice Aggregation zones (19 .124) Program (Not Codified) 16-2151 Adds Ch . 3 .37, Minimum Wage (3.37) 16-2139 An interim urgency ordinance 16-2152 An interim urgency ordinance establishing a moratorium on all medical establishing a moratorium on marijuana facilities pending completion establishment, expansion, or relocation of an update to the zoning code (Not of payday lending and check cashing Codified) businesses pending completion of an 16-2140 Amends § 19.08 .030 regarding update to the zoning code (Not Codified) ) definitions (19 .08), adds Ch. 19 .98 16-2153 An interim urgency ordinance regarding medical marijuana (19.98) establishing a temporary moratorium on 16-2141 Amends § 14.04.110 and § 18.56.040 non-medical marijuana dispensaries, regarding street reimbursement charges marijuana cultivation and cultivation (14.04, 18.56) facilities, commercial cannabis activities 16-2142 Repealing and replacing landscape and marijuana transport and deliveries ordinance, §§ 14.15.010, 14.15 .020, pending completion of an update to the 14.15.030, 14 .15.040, 14.15.050, zoning code (Not Codified) 14.15.060, 14 .15 .070, 14.15 .080, 16-2154 Amends Ch. 16.52, Prevention of Flood 14.15 .090 , 14 .15 .100, 14 .15 .110, Damage (16.52) 14.15.120 , 14.15 .130, 14.15 .140, 16-2155 Repealing and replacing Chs. 16.02, 14.15.150, 14.15 .160, 14.15 .170, 16.04, 16.06, 16 .16, 16.20, 16.24, 14 .15 .180 (14.15) 16.40, repealing Ch . i6.42, amending 16-2143 Amending 3.23.030, 3.23.040, §§ 16.54 .010, 16.58 .010, 16.58.015, 3.23 .050, 3.23 .120 regarding public 16.58.040, 16.58.100 and 16.80.040 works contracts and bidding procedures regarding California building , (3.23) residential, electrical , mechanical, 16-2144 Approving development agreement plumbing, energy, historical, fire, between city and IAC at Cupertino LLC existing building, and greed building (Special) standards codes (16.02, 16.04, 16.06, 16-2145 Amends 11.27 .145 concerning 16 .16 , 16 .20, 16 .24, 16.40, 16.42 , designation of preferential parking zones 16.54, 16.58, 16.80) (11.27) 16-2156 An interim urgency ordinance 16-2146 Amends 11.27 .145 concerning establishing a temporary moratorium on designation of preferential parking zones the establishment, expansion, or (11.27) relocation of payday lending and check cashing businesses pending completion of an update to the zoning code (Not Codified) 2016 S-59 Rep!.