Cupertino Municipal Code Ch. 20.04 Specific Plans

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 patterns, 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 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 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.

(Ord. 1664, § 1 (part), 1994)

No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished in any area of the City which is governed by a specific plan except in accordance with the provisions set forth in this chapter.

(Ord. 1664, § 1 (part), 1994)

A specific plan shall 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 A specific plan may be repealed in the same manner as it is required to be amended.

(Ord. 1664, § 1 (part), 1994)

The zoning for all areas governed by a specific plan shall be identified in Chapter 19.16 of the City's Municipal Code, and all regulations governing land use approvals in a specific plan area shall be as identified in that individual specific plan. A proposal for a specific plan may be combined with any application for land use entitlements in the City.

(Ord. 18-2177, § 3 (part), 2018; Ord. 2073, Exh. 3 (part), 2011; Ord. 1664, § 1 (part), 1994;)

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, including 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 and criteria by which development will proceed, and standards for the conversion, development and utilization of natural resources, where applicable.

4. A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out subsections A1, 2 and 3.

5. Any other information deemed appropriate by the Director of Community Development, the Planning Commission or the City Council.

B. The specific plan shall include a statement of the relationship of the specific plan to the general plan.

(Ord. 1664, § 1 (part), 1994)

A. A fee shall be imposed to recover the costs associated with the preparation, 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:

1. Construction of new square footage; or

2. Reconstruction or remodeling of existing space which houses a land use which would require the issuance of a conditional use permit under the City’s planned development zone ordinance.

B. In the event that a project consists of new construction which is twenty-five percent 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 twenty-five percent of the maximum allowable square feet on the site at which time the full amount of the fee is due and payable.

C. Said fee above described is calculated as follows:

Fee = A[M(l+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 by a recognized inflation index (If for example, the annual inflation rate is 6%, then 6=0.06)

n = Number of years since the year of specific plan adoption.

(Ord. 1664, § 1 (part), 1994)

LAND USE PLANS

Specific Plans

Specific Plans are adopted for the systematic implementation of the General Plan for a defined smaller portion of a community's planning area. A specific plan must specify in detail the development standards and requirements relating to density, lot size and shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, sewer, public facilities, grading, open space, financing and any other element needed for proper development of the property.

The following is a list of Specific Plans adopted by the City.

Heart of the City

The Heart of the City Specific Plan provides specific development guidance for one of the most important commercial corridors in the City of Cupertino, for the purpose of creating a greater sense of place and community identity in Cupertino. The plan contains streetscape design, development standards and design guidelines for multi-unit residential and commercial/office projects.

Monta Vista Design Guidelines

The Monta Vista Design Guidelines implement the policies of the General Plan by outlining building design details, landscaping treatment, signage and public improvement details for the Monta Vista Commercial Area.

---

Master Plans

Master Plans describe, in narrative and with maps, an overall development concept including both present property uses as well as future land development plans, ranging from the development of property for commercial and other uses to the development of wireless facilities. The plan may be prepared by a local government to guide private and public development or by a developer on a specific project. The following is a list of master plans that have been developed by the City.

Wireless Facilities Master Plan

The Wireless Facilities Master Plan was developed in 2003 as a guide for the public and for wireless companies. It is an educational tool for the public and a tool to facilitate the wireless companies and their representatives.

South Vallco Master Plan

The South Vallco planning area is an approximately 125-acre area bounded by I-280 to the north, Stevens Creek Boulevard to the south, including Cupertino Square shopping center (formerly Vallco Fashion Park) along the east and west side of Wolfe Road and the office development along the east side of Tantau Avenue. The area also includes office properties owned by Apple, Menlo Equities, as well as the Metropolitan residential/commercial development.

North Vallco Master Plan (not adopted by Council - for guidance only)

The North Vallco planning area is the 240-acre area bounded by Homestead Road, Tantau Avenue, I-280 and Wolfe Road. It includes the 100-acre Hewlett Packard campus, 50 acres acquired by Apple Computer for a future second campus, Cupertino Village shopping center, hotel, residential and office developments.

---

Conceptual Plans

Conceptual Plans delineate policies for the development of certain sections within the City's General Plan Area. The following is a list of Conceptual Plans adopted by the City.

North De Anza Blvd Conceptual Plan

The North De Anza Blvd Conceptual Plan encompasses the stretch roughly between Interstate 280 and Stevens Creek Blvd. This plan provides direction on the streetscape expected of properties along North De Anza Boulevard.

S. De Anza Boulevard Conceptual Plan

S. De Anza Boulevard Conceptual Plan: Encompasses the stretch between Stevens Creek Blvd. and Bollinger Rd along De Anza Blvd.

South Sunnyvale-Saratoga Conceptual Zoning Plan

The South Sunnyvale-Saratoga Conceptual Zoning Plan covers the area south of Highway 85 along De Anza Blvd. The plan specifies the Land Uses allowed in the area and the permit approval process. It also specifies landscaping standards for the area.

South Vallco Connectivity Plan

The South Vallco Connectivity Plan shows how new development within the Vallco Shopping District can improve connectivity to existing and approved development, and ensure connectivity to future development within the greater area. The plan will help inform the development of the future Vallco Shopping District Specific and/or Master Plan.