Ordinance 1630. ORDINANCE NO. 163(1
AN ORDINANCE OF THE CITY COUNCIL OF THE CCfY OF CUPERTINO DELETING CHAPTER 2.44 OF
TITLE 2. CUPERTINO 6tUNIC1PAL CODE, ARCHITECTURAL AND SITE APPROVAL COMMITTEE;
AMENDING TITLE 19, ZONING OF THE CUPERTINO MUNICIPAL CODE TO ASSIGN DEVELOPMENT
REVIEW AUTHORITY TO Tim PLANNING COMMISSION; AMENDING CHAPTER 14. I3, REVIEW
AUTHORITY FOR XERISCAPE LANDSCAPING; AND AMENDING CHAPTER 14.Iri, REVIEW
AUTHORITY FOR HERITAGE AND SPECIMEN TREES
The City Council of the City of Cupertino hereby ordains that Chapter 2.44 of Title 2 of the Cupertino
Municipal Cade be deleted from the Cupertino Municipal Code.
The City Council of the City of Cupertino hereby ordains that Title 19 of the Cupertino Municipal Code
be amended az Collows:
Section 19.16.060 D3 Site Development Regulations.
Section 19.16.060 D3 shall read az follows:
3. Exception for Hillside areaz. Notwithstanding any provision of Section 19.06tIE to the wntrary, upon
recommendation of the Plannine Commission. the Citv Council may approve building heights in an A Zoning
district greater than twenrytight feet upon making all the following determination...
Section /6.28.030 Fences
Section 16.28.030 Fences shall read az follows:
16.28.030 Fence location and height for zones requiring site review.
A. The Planning Commission and Citv Council shall have the authority to require, approve, or disapprove...
Section 19.20.0601E4 Slte Development Regulations.
Section 19.20.060 2E4 shall read az follows:
4. Exception for Hillside ateaz. Notwithstanding any provision of subsection D of this section to the contrary, upon
recommendation of the Phtaaina Commission the Citv Council may approve building heights in an A• l inning
district greater than twenty-eight feet upon making all the following determination:...
Section 19.28.060 E4 Lot Coverage, building setbacks and height nstrtctlons jornon-accessory building and
structures.
Section 19.28.060 E4 shall read az follows:
4. Exception for Hillside Areaz. Notwithstanding any provision of Sation 19.28.060 Et ro the contrary upon
recommendation of the Planning Commission, thry may, by use perrttit, approve building heights in an R-I caning
district greater than twentytight feet upon making the following determination:...
Section 19.44.070 E4 Specific Development Standards
Section 19.44.070 E4 shall read az follows:
4. The private street and the major walkways shall be lighted to an intenity approved by City Engineer. The type
and location of eletroliers are subject to approval by the Planning Commission...
Section 19.44.090 Architectural and Site Review
Section 19.44.090 is deleted.
Ordinance Ho. 1630 • •
Page -2-
Section 19.48.IOOArchitectural and Sire Review
Section 19.48. !00 is deleted.
Section 19.36.070 Archltecturo! and Site Review
Section 19.56.070 shall read as follows:
19.36.070 Architectnral and site review. Prior to erection of a aew building or ctrttcture in a GC zoning distict,
or prior to the enlargement of modifiption of an existing building, structure or site (itrcluding landscaping and
lighting) in a GC zoning district, the applicant for a building permit must obtain architectural and site approval
from the Plannint Commission.
Sectton 19.68.080Archltectural and Slfe RtvJew
Sectton 19.68.080 is deleted
Section 19.76.030 E
Section 19.76.030 E shall read as follows:
E. Landscaping, Architecture and Site Layout shall be approved by the Phumina Commission...
Section 19.88.060 F7 and F2 Applleatlon Procedure
Section 19.gg.060 FI and F2 shall read as follows:
I . The tentative map, use permit and rezoning portion of the application will be heard in a pubhe hearing before
the Piannina Commission. The Plaanina Commision will recommend either approval or denial to the City
Council. if the City Council approves the proposed conversion, the applicant will be required to submit detailed
site improvement places to -tx Planning Commission for arty exterior alterations or improvements to the buildings
and/or landscaping.
2. The Planning Commission will make a final recommendation to the City Council regarding the
improvements...
Sectton 19.131.060 Review and Approva! Process
Section 19.132.060 shall read as follows:
19.132.060 Review and approval process
A. Architectural Review Referral. The Director in his discretion may refer a diverted application direAly to the
Planning Commission for review and recommendation.
B. Director of Community Development. Upon diversion, or upon receipt of the Piannina Commission
recommendation, the Director shall...
Sectton 19.136.060 Appea! from Actions ojCommisslon
Section 19.136.060 shall read as follows:
19.136.060 Appeal from actions of Commissions
An appeal may be taken to the City Council by arty person, fitnt or corporation aggrieved rn affected by any final
determination or decision of the Plarmina Commission carder the provisions of this title...
...The time for appeal under this section is forrrtedt calendar days from the mailing of the notice of decision of the
Planning Commission...
Ordinance No. 1630 • .
Pose -3-
Section 14. /3.040 E Except~nn -Exemption
Section 14.15.040 E snail read as follows:
E. The Planning Commission may permit up to ten percent of all plantings lobe nondrought tolerant varieties as
long as they are grouped together and can be irrigated separately...
Section 14. IS.OSOA Provision jor new and rehabiptated landscapes
Section 14.1 S.OSO A shall read as follows:
A. For projects located in zoning districts which require Planting Commission review, the conceptual landscape
planting/irrigation system design plan shall be approved the Phuutina Commission...
Section 14.18.040 Designotion
Section 14.18.040 shall read as follows:
14.18.040 Designation.
Upon recommendation by the Director, the Planning Commission may, by resolution, designate a tree or grove of
trees as a heritage trce(s)...
Section 14.18.060 A Plan ojProtection
SaYion (4.18.060 A shall read as follows:
14.18.060 Plan of protection
A. The Planning Commission shall consider a plan of protaYion drnloped by the Community Development
Department or a City retained certified arborist..
Section 14.18.090Appltcation to Remove
Section 14.18.090 shall read as follows:
14.18.090 Application to Removes
If an application for heritage tree removal is submitted, the request shall be forwarded to the Planning Commission
for review and approval. It is the applicant's responsibility to provide supporting documents a9 requested bry staff
or the Planning Commmissioa..
Section 14.18.100 Notice list to accompany application
Section 14.18.100 shall read as follows:
14.18.100 Notice tilt to accompany application
The applicant shall provide with the application a list of names of ail persons owning and/or oaupyiag real
property located within thra hundred fat of the property involved in the application. Where a pmpetty is a multi-
family dwelling with more than four units, the name of the lwilding manager wit be supplied on the list. Notice of
the Planning Commission hearing will be mailed to the names on the list...
Section 14.18.110 Appeal
Section 14. I8.1 l0 shall read as follows:
14.18.110 Appeal.
An appeal of the Planning Commission's decision maybe submitted to the City Council, in care of the City Clerk
within five working days of the decision...
Ordinance No. 1630 • •
Page -t-
ti
Section 14.18. !SO B Application jor permit
Section 14.18.1 SO B shall read as follows:
B. Applications for heritage tree removal shall be referred to Ute Plannine Commission for final review and
approval...
Section !4.l8. l70 Review ojApaltcatton
Section 14.18.170 shall read as follows:
11.18.170 Review of Application.
A request for removal of airy heritage or spatimen tree or tree protoctcd by a condition of approval associated with
a zoning, tentatlve map, use permit, Mariana, and Architectural and Site approval application, will be referred to
the reviewing body which originated the condition Applications reviewed by the Planning Commission will be
referred to the Citv Council...
INTRODUCED at a regular mating of the City Couttcii of the City of Cupcrtirw on the 17 day
of Aueu a t , 1993, and ENACTED at a regular meeting of the City Council of the City of Cupertino on
the 7th day of September. , 1993, by the following vote:
Y.4i4 Member of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APIPR~OVED: ~ ~ ~
City Clerk Mayor, City of Cupertino
Bi~/P
STATB OF CALIFORNIA ) ,
COUNTY OF SANTA CLARA )
' CITY OF CUPERTINO )
I, KIM M. SMITH, City Clerk and ex-officio Cleric of the City Council of the City
of Cupertino, California, do hereby cxrtify the attached to be a fuq, true. ~d oornct copy
of Ordinance No. /L 3o ena~d ~ _ ~:t,.,,._4{..r ~ / 993.
M WITNESS WHEREOF, I have hereunto set my hand and seal this !3 ~
day of .'Sentemb~' .1993. ;
i
KIM M. SMITH, City Clerk and ex-
officio Cleric of the City Council
Cupertino. California