Ordinance 1791ORDINANCE NO. 1791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.134 OF TFIE CUPERTINO MUNICIPAL CODE TO
CHANGE PUBLIC NOTICING REQUIREMENTS FOR THE ARCFIITECTURAL
AND SITE REVIEW PROCESS
THE CITY COUNCIL OF THE C[TY OF CUPERTINO HEREBY ORDAINS
AS FOLLOWS:
Amendment to the City Ordinance Code
Chapter 19.134 is hereby amended 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
• 19.134.080
19.134.090
19.134.100
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 PurRoses
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 for 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 the design of developments and thereby
creating a positive and memorable image of Cupertino.
19.134.020 Authority of the Plannint~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.
Ordinance No. 1791 Page 2
• 19.134.030 Application 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 shalt be made to the Director, on a form provided by the
City, and shall 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 on 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 othenvisc 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 19.132.030.
Consideration of the application by the Planning Commission shall
commence within 45 days of the date it is set.
Ordinance No. 1791
Page 3
• 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, 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
ten days prior to the Planning Commission meeting in which the application will
be considered. If the Director of Community Development believes the
project may have negative effects beyond the rouge 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 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 from proceeding
to consider or to take action with respect to an application under this Chapter.
B. The notice of consideration shall contain the following:
I . 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 thereof
may appear and be heard.
Typographical errors in the notice shall not im~alidate the notice nor any City
action related thereto.
19.134.060 Action by the Plannine Commission/Appeals
A. At the time and place set for consideration of the application, the
Planning Commission shall consider evidence 1'or or against the
application. Within a reasonable time after conclusion of its
considerntion, 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
Ordinance No, 1791 Page 4
• the Planning Commission is subject to appeal as provided in Chapter
19.136.060.
19.134.070 i.imitations Reaarding_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 if 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.
Ordinance No. 1791
• c) The number, location, color size, height, lighting
and landscaping of outdoor advertising signs and swctures 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 buftering, setbacks, landscaping, walls and other
appropriate design measures.
B. The commission may impose reasonable conditions or restrictions
which 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.
19.134.040 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. I00 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 hvo-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. t 36.
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.
Page 5
Ordinance No. 1791 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 I S 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"' day of June, 1998, and ENACTED at a regular meeting of the City Council of
the City of Cupertino on the 6`h day of July, 1998, by the following vote:
Vote Members of the City Council
AYES; Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PPROVED:
~/ ~ , ,1 '
City Clerk ayor, City of Cupertino
• STATE OF CALIFORNIA )
COUNTY OP SANTA CLARA )
CITY OF CUPERTINO )
• I, KIMBERLY SMITEI, City Clerk and cx-officio Clerk of the City Council of the City
of Cupertino, California, do licrcby ccrtif the attached to be a full, true, and correct copy of
Ordinance No. 17 / enacted on ~~~ 1 yy~~
f~
IN WlTNGSS WHEREOF, I liavc licrcunto set my Band and seal this ~_ day of
19 `~.
~~~~
KIMBERLY SMI ,City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California
•
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