Ordinance 1778
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY
ORDAINS AS FOLLOWS:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ADDING CHAPTER 19.134
TO THE CUPERTINO MUNICIPAL CODE TO
PROVIDE FOR AN ARCHITECTURAL AND SITE
REVIEW PROCESS FOR DEVELOPMENT
APPLICATIONS
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1. Amendment to the City Ordinance Code
Chapter 19.134 is hereby added to the City's ordinance code to read as
follows:
Sections:
19.134.010
19.134.020
19.134.030
19.134.040
19.134.050
19.134.060
19.134.070
19.134.0$0
19.134.090
19.134.100
ORDINANCE NO. 1778
Purposes
Authority of the Planning Commission
Application for Architectural and Site Approval
Action by the Director
Notice of Consideration
Action by the Planning Commission/Appeals
Limitations Regarding Planning Commission Decisions
Findings and Conditions
Revocation, Extensions, and Duration
Reports
19.134.010 Purposes
This Chapter is hereby enacted to provide for an orderly process to
review the architectural and site designs of buildings, structures, signs,
lighting, and landscaping foe prescribed types of land development
within the City in order to promote the goals and objectives contained
in the General Plan, to protect and stabilize property values for the
general welfare of the City, to maintain the character and integrity of
neighborhoods by promoting high standards for development in
harmony therewith, and by preventing the adverse effects associated
with new construction by giving proper attention to the design, shape,
color, materials, landscaping and other qualitative elements related to
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• the design of developments and thereby creating a positive and
memorable image of Cupertino.
19.134.020 Authority of the Planning Commission
Subject to the provisions of this Chapter and to the general purpose and
intent of this Title, the Planning Commission shall review the
architectural and site design, landscaping, signs, and lighting for new
development, redevelopment, or modification in such zones where such
review is required or when required by a condition to a use permit,
variance, or any other entitlement of use.
19.134.030 A~glication for Architectural and Site Approval
A. When architectural and site review is not part of another
application for development, a separate application for such review
shall be made by the owner of record of property for which the
approval is sought.
B. The application shall be made to the Director, on a form provided by
the City, and shalt contain the following:
1) A description and map showing the location of the property for
which the review is sought.
• 2) Detailed plans as required by the Director showing the proposed
development or changes to occur nn the property.
3) Such additional information as the Director may deem pertinent
and essential to the application.
C. Any such application for review shall be accompanied by the fee
prescribed by City Council resolution, no part of which shall be refunded.
19.134.040 Action by the Director
Unless otherwise provided by Section 19.04.090 regarding combined
applications, the following actions shall be taken by the Director to
process an application under this Chapter:
Upon receipt of a complete application, the Director shall, within thirty
days from the date the application is deemed complete, cause the
application to be agendized for consideration before the Planning
Commission at a regular or special meeting, unless the application is
diverted for administrative approval, pursuant to Section 19.!32.030.
Consideration of the application by the Planning Commission shall
commence within 45 days of the date it is set.
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• 19.134.050 Notice of Consideration
Mailed written notice of consideration of any application under this Chapter by
the Planning Commission shall be given by the Director to all owners of
record of real property (as shown in the last assessment roll) which abut the
subject property (including property directly opposite the subject property and
two abutting properties located across a street, way, highway, or alley). Said
notice shall be mailed by first class mail at least ten days prior to the Planning
Commission meeting in which the application will be considered.
Compliance with the notice provisions set forth in this section shall constitute
a good-faith effort to provide notice, and the failure to provide notice, and the
failure of any person to receive notice, shall not prevent the City tom
proceeding to consider or to take action with respect to an application under
this Chapter.
B. The notice of consideration shall contain the following:
1. The exact address of the property, if known, or the location of
the property, if the address is not known, and the existing zoning
district or districts applicable.
• 2. The time, date, place, and purpose of the consideration.
3. A brief description, the content of which shall be in the
sole discretion of the City, of the proposed project.
4 Reference to the application on file for particulars.
5. A statement that any interested person, or agent thcrcot'
may appear and be heard.
Typographical en•ors in the notice shall not invalidate the notice nor any City
action related thereto.
19.134.060 Action by the Planning Commission./Anneals
A. At the time and place set for consideration of the application, the
Planning Commission shall consider evidence for or against the
application. Within a reasonable time after conclusion of its
consideration, the Commission shall make findings and shall render a
decision regarding the application which is supported by the evidence
contained in the application or presented at the meeting. The decision
of the Planning Commission is subject to appeal as provided in Chapter
• 19.136.060.
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• 19.134.070 Limitations Regarding_Plannine Commission Decisions
In its consideration of architectural and site applications, the Planning
Commission is limited to considering and rendering decisions solely
upon the issues described in Section 19.134.020 and is precluded from
considering or rendering decisions regarding other planning, zoning, or
subdivision issues with respect to the subject property unless said
application is combined with the appropriate application or applications
which address those additional issues.
19.134.080 Findings and Conditions
A. The Planning Commission may approve an application only it'
all of the following findings are made:
1) The proposal, at the proposed location, will not be
detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
2) The proposal is consistent with the purposes of this
ordinance, the general plan, any specific plan, zoning
ordinances, applicable conditional use permits, variances,
subdivision maps or other entitlements to use which regulate the
. subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be
avoided. A gradual transition related to height and bulk should
be achieved between new and existing buildings.
b) In order to preserve design harmony between new
and existing buildings and in order to preserve and enhance
property values, the materials, textures and colors of new
buildings should harmonize with adjacent development by being
consistent or compatible with design and color schemes, and
with the future character of the neighborhood and purposes of
the zone in which they are situated. The location height and
materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas,
utility installations and unsightly elements of parking lots should
be concealed. The planting of ground cover or various types of
pavements should be used to prevent dust and erosion, and the
unnecessary destruction of existing healthy trees should be
avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building
departments, and provide shielding to prevent spill-over light to
• adjoining property owners.
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• c) The number, location, color size, height, lighting
and landscaping of outdoor advertising signs and structures shall
minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent
development.
d) With respect to new projects within existing
residential neighborhoods, new development should be designed
to protect residents from noise, traffic, light and visually
intrusive effects by use of buffering, setbacks, landscaping,
walls and other appropriate design measures.
B. The commission may impose reasonable conditions or
restrictions whic}t it deems necessary to secure the purposes of the
general plan, and this title and to assure that the proposal is compatible
with existing and potential uses on adjoining properties.
19.134.090 Revocation. Extensions. and Duration
A. The revocation of any approval under this Chapter is governed
under the same procedures as described in Section 19.124.100
regarding revocation, extensions and duration.
• B. An architectural and site approval application granted under this
Chapter which has not been used within two years following its
approval, shall become null and void and of no effect unless a shorter
time period is specifically prescribed by the conditions of the approval.
Such approval shall be deemed to have been "used" when actual
substantial and continuous construction activity has taken place upon
the land pursuant to the approval.
C. The Planning Commission may extend such time for a
maximum of one additional year only upon application filed with the
Director before the expiration of the two-year limit, or the expiration of
such limit as may be specified by the conditions of approval.
D. All decisions related to revocation and extensions of approvals
contained in this section are subject to the appeals procedure contained
in Chapter 19.136.
19.134.100 Reports
The Director shall make written reports to the City Council describing
Planning Commission decisions under this Chapter to be forwarded to
the City Council within five calendar days from the date of such
decisions.
Section 2 Effective Date
• This ordinance shall take effect thirty (30) days after final adoption.
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ordinance No. 1778 Page 6
• Section 3 Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within 15 days after
its adoption, in accordance with Government Code Section 36966, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of this
City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 27a' day of February 1998, and ENACTED at a regular meeting of the City
Council of the City of Cupertino o the 2"d day of March, 1998 by the following vote:
Vote Members of the City Council
AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino ~ '~
STATE OF CALIFORNIA )
COUNTY OP SANTA CLARA )
CITY OF CUPERTINO )
1, KIME3ERLY SM1Tfi, City Clerk and ex-officio Clerk of the Ciry Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and corcect copy of
Ordinance No. 1719 enacted on mcuGk a, / g9~
IN W[TNESS WHEREOF, 1 have hereunto set my hand and seal this /0 W~, day of
m~t.~ ,1~9a .
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KIMBER~, City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California