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Cupertino City Zoning Code

CHAPTER 19

152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS

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:

  1. 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;
  2. 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.
  3. 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.
    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.

  1. 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.
  2. 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.
  3. 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.
  4. 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 wth this title.

(Ord. 16-2140, § 7, 2016; Ord. 2085, § 2 (part), 2011)


19.152.040 Prezoning.

  1. 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.
  2. 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)