CC Resolution No. 23-039 denying the petition for reconsiderationRESOLUTION NO. 23-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING THE PETITION FOR RECONSIDERATION REGARDING THE CITY
COUNCIL DECISION OF FEBRUARY 7, 2023 TO UPHOLDING THE APPEAL IN
PART, APPROVE ONE OF THE TWO REQUESTED FREEWAY- ORIENTED SIGNS,
AND DENY THE REQUESTED SIGN EXCEPTION. APPLICATION NO(S): EXC-
2022-003; APPLICANT(S): DAVID FORD (ALL SIGN SERVICES); LOCATION:
20565 VALLEY GREEN DRIVE
WHEREAS, on February 7, 2023, the Cupertino City Council held a public hearing and
at the conclusion of the hearing upheld the appeal in part, approved one of the two
requested freeway-oriented signs, and denied the requested sign exception on a 4-1
vote (Moore voting no) for application EXC-2022-003; and
WHEREAS, the Cupertino City Council's decision was within its discretion and made
at a properly noticed public meeting; and
WHEREAS, Rhoda Fry filed a petition for reconsideration filed with the City on
February 17, 2023, and petitioned the City Council to reconsider its decision under the
provisions of Section 2.08.096 of the Cupertino Municipal Code; and
WHEREAS, the City Council has considered all relevant evidence presented by the
parties at all hearings, including evidence presented at the March 21, 2023
reconsideration hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby finds:
1. Petitioner did not provide new relevant evidence which, in the exercise of
reasonable diligence, could not have been produced at any earlier city hearing
(Municipal Code § 2.08.096(B)(1)).
2. Petitioner failed to demonstrate that relevant evidence was improperly excluded
at any prior City hearing (Municipal Code § 2.08.096(B)(2)).
3. Petitioner failed to provide proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, jurisdiction (Municipal Code §
2.08.096(B)(3)).
Resolution No. 23-039
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4. Petitioner failed to present proof of facts which demonstrate that the City
Council failed to provide a fair hearing (Municipal Code § 2.08.096(B)(4)).
5. Petitioner failed to demonstrate that the City Council abused its discretion by not
proceeding in a manner required by law; rendering a decision which was not
supported by findings of fact; and/or rendering a decision in which the findings
of fact were not supported by the evidence (Municipal Code § 2.08.096(B)(5)).
6. The Petition for Reconsideration of the City Council's February 7, 2023 decision is
DENIED, and the City Council’s decision set forth in Resolution No. 23-039 is
hereby affirmed.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of March 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Fruen
NOES: Chao, Moore
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
03/23/2023
3/23/23