Ordinance 1789~`
• ORDINANCE NO. 1789
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO AMENDING CHAPTER 17.44
OF THE CUPERTINO MUNICIPAL CODE TO CHANGE
PUBLIC NOTICING REQUIREMENTS FOR SIGN EXCEPTIONS
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
1. Amendment to the Citv Ordinance Code
Chapter 1?.44 is hereby amended to read as follows:
Chapter 17.44
SIGN EXCEPTIONS
17.44.010 Authority.
The Planning Commission may grant a sign exception in accordance with the provisions of this
chapter. (Ord. 1624 (part), 1993)
17.44.020 Application and fee.
An application shall be made in writing to the Planning Commission on a form prescribed by the
Director. The application shall be accompanied by a nonrefundable fee, a letter explaining the
justification for the exception, and appropriate exhibits as deemed necessary by the Community
Development Director. (Ord. 1624 (pan), 1993)
17.44.03D Planning Commission review required.
A. An exception shall be scheduled for review by the Planning Commission, not later than thirty
days after Filing of application.
B. Mailed written notice of the hearing on the sign exception shall be given by the Director of
Community Development to all owners of record of real property (as shown in the last
assessment roll) which abut the subject property, as well as property and its abutting
properties to the left and right, directly opposite the subject property and located across a
street, way, highway or alley. Mailed notice shall include owners of property whose only
contiguity to the subject site is a single point. Said notice shall be mailed by first class mail
at least 10 days prior to the Planning Commission meeting in which the application will be
r considered. The notice shall state the date, time and place of the hearing. A description of the
sign exception shall be included in the notice. If the Director of Community Development
believes the project may have negative effects beyond the range of the mailed notice,
particularly negative effects nn nearby residential areas, the Director, in his discretion,
may expand noticing beyond the stated requirements.
Ordinance No. 1789
Page 2
Compliance with the notice provisions set forth in this section shall constitute agood-
faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to
take action with respect to an application under this Chapter.
17.44.040 Findings for an exception.
The Planning Commission may grant an exception based upon all the following findings:
A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent
with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, ar welfare; and
C. That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose. (Ord. 1624
(part), 1993)
17.44.050 Action by Planning Commission.
• The decision made by the Planning Commission is final unless appealed in accordance with
Section 17.44.080. (Ord. 1624 (part), 1993)
17.44.060 Conditions for revocation ofexception-Notice required.
In any case where the conditions or limitations to an exception granted have not been complied
with, the Planning Commission may revoke the exception after notice and hearing in the same
manner as defined in Section 17.44.030. (Ord. 1624 (part), 1993)
17.44.070 Exception deemed null and void when-Notification required.
In any case where an exception has not been used within one year from the date of issuance, or if
abandoned for a period of thirty days, will automatically become null and void upon written
notice from the Director to the property owner and/or tenant. (Ord. 1624 (part), 1993)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Planning Commission in the approval,
conditioning, denial or revocation of an exception for a sign may appeal such a decision in
writing to the City Council.
• E3. The appeals shall be made within fourteen calendar days of the Planning Commission meeting
by means of a letter in writing to the City Council stating the grievances.
C. The appeal shall be accompanied by the same fee as required for appeals under Section
19.136.020 of the Cupertino Municipal Code.
Ordinance No. 1789
Page 3
• D. Such appeals shall be heard by the City Council and scheduled on their agenda at the time that
other Planning Commission items regularly appear. (Ord. 1655 (part), 1994: Ord. 1624 (part),
1993)
17.44.090 Reports to City Council
'fhe Director, or designated representative, shall make written reports on all exceptions granted,
denied, or revoked under this chapter The reports shall be delivered to the City Council within
five calendar days from the date of the decision. (Ord. 1624 (part), 1993)
Section 2 Effective Date
This ordinance shall take effect thirty (30) days after final adoption.
Section 3 Publication Clause
The City Clerk shall cause this ordinance to be published at Icast 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 36933, 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
15`n day of June, 1998, and ENACTED at a regular meeting of the City Council of the City of
Cupertino on the (>`n day of July, 1998, by the following vote:
Vote Members of the City Council
AYES: Burnett, Dean, .lames, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PPROVED:
c~ _ ~
City Clerk Mayor, City of Cupe ino
•
•
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
[, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the Ciry Council of the City
of Cupertino, California, do hereby certify he attached to be a full, true, and correct copy of
Ordinance No. 1 ? J ~ enacted on ~ 8
IN WITNESS WHEREOF, I have hereunto set my hand and scat this / 3~ day of
19~.
KIMBERLY SMI ' ,City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California
•
•