Friday, March 9, 2018

City of Cupertino > PLANNED DEVELOPMENT (P) ZONES



CHAPTER 19.80:  PLANNED DEVELOPMENT (P) ZONES
Section
   19.80.010   Purpose.
   19.80.020   Applicability of regulations.
   19.80.030   Establishment of districts–Permitted and conditional uses.
   19.80.040   Zoning or prezoning.
   19.80.050   Development permit.

Bookmark19.80.010   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 objectives.
   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.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), 2011)

Bookmark19.80.020   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.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), 2011)

Bookmark19.80.030   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 are the same uses which are permitted in a CG zoning district for sties with a mixed-use residential designation, Section 19.80.030F shall apply.
   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 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 for sites with a mixed-use residential designation, Section 19.80.030F shall apply.
   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.
   F.   For sites with a mixed-use residential designation the following shall apply:
      1.   For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
      2.   If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the General Plan, then residential development that does not exceed the number of units designated for the site in the Housing Element shall be a permitted use.
      3.   Residential development on sites not designated as Priority Housing Sites in the City’s adopted Housing Element of the General Plan and residential development on a Priority Housing Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use.
      4.   Priority Housing Sites shall be shown on the City’s zoning map.
   G.   For sites which require a specific plan prior to development approval, the permitted and conditional uses shall be as shown in the specific plan.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), 2011)

Bookmark19.80.040   Zoning or Prezoning.
   A.   Application.  The applicant for a P zoning district shall, in addition to information required per Chapter 19.12, at the time of the application, submit to the Director of Community Development a conceptual development plan, which shall include:
      1.   A general description of the proposed uses,
      2.   The proposed traffic-circulation system,
      3.   A topographical map of the site and the neighboring properties,
      4.   A landscaping 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 19.152.
   C.   Findings.  No such ordinance may be adopted unless, in addition to making the findings required by Chapter 19.152, 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.
   D.   Modifications.  Any modification of the conceptual plan requires the submission of a rezoning application.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), 2011)

Bookmark19.80.050   Development Permit.
   Process and Review Authority - Prior to any development within a planned development zoning district, the applicant must obtain a development permit approving the development pursuant to the requirements of Chapter 19.156.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), 2011)
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