Ordinance 1656ORDINANCE NO. 1656
AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF CUPERTINO ADOPTING AN
ORDINANCE TO AMEND CHAPTER 19 OF THE CUPERTINO MUNICIPAL CODE TO
REGULATE THE PROCESSING OF CONFERRED DEVELOPMENT APPLICATIONS WHICH
INVOLVE DIFFERING REVIEW BODIES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 19
of the Cupertino Municipal Code is amended to read a~, follows:
ecti n 1 Combined application for land use entitlements.
Section 19.04.090 is added as follows:
Not withstanding any other provision of this title, to the contrary, applications for land use
entitlement may be combined in one application for purpose of review and approval In the event of such
combination, the reviewing body having final approval over the combined application shall be the highest
body in the City which must approve any element to tl-e combined application.
ection 2 Conditional use permit--Action by the City Council.
Section 19.04.070 D is amended as follows:
D. Nothing in this chapter is intended to prohibit a combined application for zoning and use
permit to be considered at the same public hearing. However, the applicant, in that event, shall prepare both
a conceptual development plan and a definitive df;velopment plan for consideration. In the event the
combined application includes a use permit which is reviewed by the Director of Community Development,
the combined application shall be processed and reviewed as provided by Section 19.04.090. (Ord. 1601
Exh. A (part), 1992)
ecti n Action by the Director
Section 19.124.030 is amended as follows:
Unless otherwise provided by Section 19.04.090 regarding combined applications, the following
actions shall be taken by the Director to process an application for a variance or conditional use permit:
Upon receipt of a complete application for ;~ conditional use permit or variance, the Director shall,
within thirty days, from the date the application is deemed by him to be complete, set a date for a public
hearing upon the matter either before him or at a re€;ular or special meeting of the Planning Commission, as
the case may be, unless the application is diverted for administrative approval, pursuant to Section
19.132.030. The public hearing shall commence within sixty days of the date it is set. (Ord. 1601 Exh. A
(part), 1992)
Section 4 Severability Clause.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The
legislative body hereby declares that it would have passed this Ordinance and each section, subsection
sentence, clause or phrase thereby irrespective of the fact that any one or more sections, subsections
sentences, clauses or phrases be declared unconstitutional.
Ordinance No. 1656
Page -2-
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th
day of June 1994, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of July , 1994, b~~ the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/s/ Kim Marie Smith
Members of the Ci , Council
Bautista, Burnett, Dean,
None
None
None
Sorensen, Koppel
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
City Clerk
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