Loading...
Ordinance 002(a) REPEALED October 19, 1960 ORDINANCE NO. 002(a) AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA, AMENDING ORDINANCE NO. 002 AND PROVIDING FOR PROCEDURES FOR THE PLANNING COMMISSION IN THE MATTER OF PERMITS, VARIANCES AND AMENDMENTS AND FURTHER PROVIDING FOR APPEALS TO THE CITY COUNCIL THE EXCEPTIONS SET FORTH IN ORDINANCE NO. 792 OF THE SANTA CLARA BUILDING CODE ARE INCORPORATED AND MADE PART HEREOF AS APPLIED TO PROPERTY USED FOR AGRICULTURAL PURPOSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CUPERTINO: Section 1. ZONING PERMITS Zoning Permits shall be required for all buildings and structures, hereinafter erected, constructed, altered, repaired or moved within or into any district established by this Ordinance, and for the use of vacant land or for a change in the character of the use of land, within any district established by this Ordinance. Such permit may be a part of the building permit. Section 2. USE PERMITS Use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Ordinance. (a) Application: Application for use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of building. (b) Public Hearings: 1. No public hearing need be held thereon, provided that the Planning Commission may hdd any hearings, as it deems necessary. 2. In case a public hearing is deemed necessary, a notice of such hearing shall be posted on the property involved or adjacent thereto at least ten days prior to such hearing. (c) Action by Commission: 1. In order to grant; any use permit the findings of the Planning Commission shall be that the establishment, maintenance or operation of the use of building applied for will under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 2. The Planning Commission may designate such conditions, in connection with the use permit, as it deems necessary to secure the purposes of this Ordinance and may require such guarantees and evidence that such conditions are being or will be complied with. (d) Appeal: 1. In case the applicant or other affected are not satisfied with the action of the Planning Commission he may within five days appeal in writing to the City Council. 2. The City Council shall set date for public hearing and shall post notices as set forth in Section 2(b)2. Notice shall also be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the Commission, or shall be represented at the hearing. 3. The City Council shall render its decision within sixty days after the filing of such appeal. (e) Effect: No building or zoning permit shall be issued in any case where a use permit is required by the terms of this Ordinance until five days after the granting of such use permit by the Planning Commission or City Council and then only in accord- ance with the terms and conditions of the use permit granted. Section 3. VARIANCE AND APPEALS Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this Ordinance may result from the strict application of certain provisions thereof, variance may be granted as provided in this section. (a) Application: Application for variance shall be made in writing on a form prescribed by the Planning Commission and shall be accompanied by a statement of plans and evidence showing: 1. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and /or uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner. 3. That the granting of such application will not, under the circumstances of the particular case, matertlly affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. (b) Public Hearing: A public hearing shall be held within thirty days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the City at least ten days prior to such hearings and by posting notice on the property involved, or adjacent thereto, at least ten days prior to such hearing. (c) Action by Commission: After the conclusion of the public hearing, the Planning Commission shall make a written findings of fact showing whether the qualifications under Section 3(a) apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purpose of this Ordinance. Such written findings of fact shall be submitted to the City Council within thirty days after the public hearing and may include recommendations for such conditions as the Planning Commission deems necessary to secure the purposes of this Ordinance. (d) Action by City Council: 1. The City Council shall consider the application for variance within thirty days after receipt of the Planning Commission report, and, if the City Council finds that the qualifications under Section 3.(a) apply to the land, building or use for which variance is sought and that such variance is in harmony with the general purpose of this Ordinance, said City Council shall by resolution grant such variance. 2. The City Council may designate such conditions in connection with the variance as it deems necessary to secure the purposes of this Ordinance and may require such guarantees and evidence that such conditions are being or will be complied with. Section 4. APPEALS (a) The Planning Commission shall have the power to hear and decide appeals based on the enforcement or inter- pretation of the provisions of this Ordinance. (b) In case an applicant '_s not satisfied with the action of the Planning Commission on h'_s appeal he may within fifteen days appeal in writing to the C'_ty Council. (c) Notice shall be given to the Planning Commission of such appeal and a report shall be submitted by the Planning Commission to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council Meeting. (d) The City Council shall render its decision within thirty days after the filing of such appeal. Section 5. REVOCATION OF PERMI'S OR VARIANCES (a) Any zoning permit, use permit, or variance granted in accordance with the terms of this Ordinance shall be revoked if not used within one year from date of approval. (b) Any zoning permit, use permit, or variance granted in accordance with the terms of this Ordinance may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith. (c) The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing and shall submit its recommendations to the City Council. The City Council shall act thereon within thirty days after receipt of the recommendation of the Planning Commission. Section 6. AMENDMENTS This Ordinance may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity ar. convenience and the general welfare require such amendment by following the procedure of this section. (a) Initiation: An amendment may be initiated by: 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission or by: 2. Resolution of Intention of the City Council, or by; 3. Resolution of Intention by the Planning Commission. (b) Public Hearings: 1. The Planning Commission shall hold two public hearings on any proposed amendment at least ten days apart, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten days prior to the first of such hearings. 2. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the Planning Commission shall give additional notice of the time and place of such hearings and of the purrosethereof by posting at least three public notices thereof not less than ten days prior to the date of the first of such hearings along streets upon which the property proposed to be reclassified abuts. Each such notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held and any other information which the Planning Commission may deem to be necessary. 3. Any failure to post notices as aforesaid shall not invalidate any proceedings for amendment of this Zoning Ordinance. (c) Action by Planning Commission: Following the aforesaid hearings the Planning Commission shall make a report of its findings and recommen- dations with respect to the proposed amendment and shall file with the City Council an attested copy of such report within ninety days after the notice of the first of said hearings; provided that such time limit may be tended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to so report within ninety days without the aforesaid agreement, shall be deemed to be approval of the proposed amendment by the Planning Commission. (d) Action by City Council: 1. Upon receipt of such report from the Planning Commission or upon the expiration of such ninety days of aforesaid, the City Council shall set the matter for public hearing after notice thereof of any of the proposed amendment, given as provided in Section 5.(c). After the conclusion of such hearing the City Councilmen may adopt the amendment or any part thereof set forth in the petition in such form as said Council may deem to be advisable. 2. The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendations from the Planning Commission or after the expiration of such ninety days as aforesaid. Section 7. THE SCHEDUTF OF FFFS IN CONNECTION HEREWITH ARE NON RETURNABLE AS FOLLOWS: Rezoning $100.00 Use Permit 25.00 Variance 10.00 Archit. Approval 10.00 Section 8. Any ordinance or part thereof inconsistent herewith is hereby repealed. Section 9. POSTING CLAUSE Copy of this Ordinance shall be posted in at least three (3) public places in the City of Cupertino within fifteen (15) days after its passage as provided in Section 36933 of the Government Code of the State of California. Section 10. URGENCY CLAUSE This Ordinance shall take effect immediately upon its adop- tion as an urgency measure for the reason that it is necessary that the Planning Commission have immediately an orderly method of procedure to process various matters now pending before it. Introduced and adopted at a regular meeting of the Council of the City of Cupertino on the 19th day of December, 1955, by the following vote: AYES: Councilmen Lindenmeyer, Meyerholz, Nathanson, Saich NOES: Councilmen, None ABSENT: Councilman Wilson /s/ Ralph E. Lindenmeyer Mayor, City of Cupertino /s/ Edith H. Anthony Acting Secretary and City Clerk of the City of Cupertino I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex- officio clerk of the legislative body of said City do hereby certify that the foregoing is a true and correct copy of Ordinance No. 002(a) on file in my office and that the same has been published pursuant to law. W ITNESS WHEREOF I have hereunto set my hand and City Seal this day of tUp-b-gi-ta.- , 19 6 . 14 . fie City Clerk