Ordinance 1790•
ORDINANCE NO. 1790
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO AMENDING CEIAPTER 19.132
OF THE CUPERTINO MUNICIPAL CODE TO CHANGE
PUBLIC NOTICING REQUIREMENTS FOR ADMINISTRATIVE
APPROVAL OF M[NOR CHANGES IN PROJECTS
THE CITY COUNCIL OF THE C[TY OF CtJPERTINO EiEREBY
ORDAINS AS FOLLOWS:
1. Amendment to the Citv Ordinance Code
Chapter 19.132 is hereby amended to read as follows:
Chapter 19.132
ADMINISTRATIVE APPROVAL OF iVtINOR
CHANGES IN PROJECTS
19.132.010 Purpose.
The purpose of this chapter is to provide a uniform and orderly procedure for expeditious
administrative approval of minor changes to existing projects and plans. (Ord. 1601 Exh. A
(part), 1992)
19.132.020 Definition of minor change
"Minor change" means an alteration or modification of an existing plan, development or project
which is substantially inferior in bulk, degree or importance to the overall dimension and design
of the plan, development or project with no change proposed for the use of the land in question,
no change proposed in the character of the structure or structures involved, and no variance
required. (Ord. 1601 Esh. A (part), 1992)
19.132.030 Applicability of chapter.
A. 'Type of Applications. This chapter shall apply to a minor change to the following:
L An approved development plan in a planned development zoning district or RIC district;
• 2. An existing building or structure requiring site and designs approval;
Ordinance No. 1790
• 3. A plan which has received site and design approval;
Page 2
4. An existing building, structure or plan requiring City Council approval pursuant to a
contractual agreement, resolution, motion, action, or uncodified ordinance.
Q. Conditions. No application shall be diverted for administrative approval under this chapter if
any of the following conditions exist:
1. The proposed change is not minor when considered in conjunction with other minor changes
to the same project approved under this chapter or under considerations, even though such
changes relate to different plans, buildings or structures;
2. In the opinion of the Director of Community Development, the proposed change will be
controversial;
3. In the opinion of the Director of Community Development, the proposed change will probably
be denied by him;
4. In the opinion of the Director of Community Development, the proposed change will probably
be denied by the City Council.
• 19. t 32.040 Diversion_ of application for administrative approval.
The Director of Community Development, in his discretion, may divert a qualified application of
a minor change to the administrative approval process provided in this chapter, and the applicant
shall then pay the fee prescribed by the City Council resolution. (Ord. 1601 Gxh. A (part), 1992)
19.132.050 Suspension of time periods.
The diversion of an application shall suspend any time periods for action by the City Council or
Planning Commission for a period of ninety days or until the application is returned to its normal
review process, whichever is less.
19.132.060 Noticing, review and approval process.
A. Design Review Referral. The Director, in his discretion, may refer a diverted application
directly to the Planning Commission for review and recommendation.
B. Mailed written notice of the Commission hearing on the application shall be given by the
Director to all owners of record of real property (as sho~m in the last assessment roll) which
abut the subject property, as well as property and its abutting properties to the IeR 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
Ordinance No. 1790
Page 3
• Planning Commission meeting in which the application will be considered. The notice shall
state the dote, time and place of the hearing. A description of the application shall be
included in the notice. If the Director of Community Development believes the project
may hove negative effects beyond the range of the mailed notice, particularly negative
effects on nearby residential areas, the Director, in his discretion, may expand noticing
beyond the stated requirements.
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.
II. Director of Community Development. Upon diversion, or upon receipt of the Planning
Commission recommendation, the Director shall expeditiously approve or disapprove the
application in accordance with the same standards and with the same power to impose conditions
as would have applied to the Planning Commission or City Council.
C. Decision. The Director shall render his decision in n•riting, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected person may appeal such decision in accord
with the provisions of Chapter 19.136. Unless an appeal of such a decision is filed within
fourteen working days following the mailing of the notice of decision, it shall become final upon
• the expiration of said time period. (Ord. 1630 (part). 1993; Ord. 1601 Exh. A (part), 1992)
19.132.070 Reports.
The Director of Community Development shall make written reports to the City Council
Planning Commission on all diverted applications under this chapter. The reports shall be
delivered to the City Council and Planning Commission within five calendar days from the date
of the decision. (Ord. 1601 Exh. A (part), 1992)
Section 2 EtTectice Date
This ordinance shall take effect thirty (30) days aRer final adoption.
Section 3 Publication Clause
The City Clerk shall cause this ordinance to be published at (cast 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 13ook of Ordinances of the Council of this City.
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Ordinance No. 1790 Page 4
. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the
15°i day of June, 1998, and ENACTED at a regular meetinf; of the City Council of the City of
Cupertino on the 6`h day of July, 199$, by the following vote:
Vote Members of the Citv Councii
AYES: Burnett, Dean, James, Station, Chang
NOES: None
ABSENT: None
ABSTAIN: Nane
ATTEST:
"~
City Clem
PROVED:
Mhyor, City Hof Culpertino
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STATE OP CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF CUPERTINO
• I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of flit City Council of the City
of Cupertino, California, do hereby certify flit attached to be a full, true, and correct copy of
Ordinance No. ~7yL) enacted on ~Le.~y ~c . 1 qQ~j'
INNITNGSS WHEREOF, 1 have hereunto set my hand and seal this / 3~ day of
19~.
a /
KIMBERLY SM[ , CitG~ and
ex-officio Clerk of tltc City Council of
the City of Cupertino, California
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