Ordinance 1786ORDINANCE NO. 1786
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING THE HEART OF THE CITY SPECIFIC PLAN
TO PROVIDE FOR AN EXCEPTION PROCESS FOR DESIGN
STANDARDS
In order to provide design flexibility in situations when small lot size, unusually shaped parcels,
or unique surrounding Land uses make it difkicult to adhere to the development standards and
where all efforts to meet the standardshave been exhausted, an applicant for development may
file an exception request to seek approval to deviate from the standards. The possibility of lot
consolidation, if an exception is needed for a substandard parcel, shall be evaluated, The
exception process shat[ not be used to increase land use intensity or change permitted land uses.
A. An exception for design standards can be approved if the final approval authority for a
project makes all of the following findings:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan and meets one or more of the criteria described
above.
. 2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
5. The proposed development requires an exception which involves the (cast
modification of, or deviation from, the development regulations prescribed in this
chapter necessary to accomplish a reasonable use of the parcel.
13. An application for exception must be submitted on a form as prescribed by the Director
of Community Development. "fhe application shall be accompanied by a fee prescribed
by City Council resolution, no part of which shall be refundable, to the applicant. Upon
receipt of an application for an exception, the Director shalt issue a Notice of Public
Hearing before the Planning Commission for an exception under this chapter in the same
manner as provided in section 19.120.060 (relating to zoning changes). After a public
hearing, and consideration of the application in conjunction with the mandatory findings
contained in subsection A above, the Planning Commission shall approve, conditionally
approve or deny the application for an exception. The decision of the Planning
Commission may be appealed to the City Council as provided in Section 19.136.060.
C. An exception which has not been used within two years following the effective date
thereof, shall become null and void and of no effect unless a shorter time period shall
specifically be prescribed by the conditions of such permit or variance. An exception
permit shall be deemed to have been used in the event of the erection of a structure or
structures when sufficient building activity has occurred and continues to occur in a
diligent manner.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the
15'h day of June, 1998, and ENACTED at a regular meeting of the City Council of the City of
Cupertino on the 6"' day of July, 1998, by the following vote:
Vote Members of the Citv Council
AYES: Burnett, Dcan, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
• City Clerk
PROVED:
,~ i
Mayor, City of Cupertino
n
U
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTiNO )
I, KIMBERLY SMITH, Ciry Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the a tached to be a Fuil, true, and correct copy of
Ordinance No. l ~ g ~a enacted on ~~~,_„_.
IN WITNESS WHEREOF, l have hereunto s-et my hand and seal this ~ day of
i~~~ 19~
~~~~~'
KIMBERLY SM1 ,City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California