Ordinance 1812
• ORDINANCE NO. 1812
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO AMENDING THE CITY'S
ORDINANCE CODE TO STREAMLINE THE
PROCEDURE REGARDING CONDITIONAL USE
PERMITS AND VARIANCES
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS
AS FOLLOWS:
L Amendment
Section 19.124.100 of the City's ordinance code is amended to read as follows:
19.124.100 Expiration, Extension, and Revocation.
A. Expiration
L A conditional use permit or variance which has not been used
within two years following its issuance, shall become null and void and of
no effect, unless a shorter or longer time period is specifically prescribed
in the conditions of such permit or variance. A permit or variance shalt be
deemed to be "used" when actual substantial and continuous activity has
taken place upon the land subject to the permit or variance or, in the event
of the erection of a structure or stnictures, when sufficient building activity
has occurred and continues to occur in a diligent manner.
2. Notwithstanding subparagraph I above, if the use for which a
conditional use permit was granted and utilized has ceased or has been
suspended for one year or more, said permit becomes null and void.
3. Unless a variance has expired pursuant to subparagraph 1 above, it
shall continue to exist for the life of the existing stnucture or such structure
as may be constructed pursuant to the variance approval unless a different
time period is specified in its issuance. A variance from the parking and
loading regulations shall be valid only during the period of continuous
operations of the use and/or structure for which the variance was issued.
B. Extensions
The decisionmaker granting the original conditional use permit or variance
may, without public hearing, extend the time for the use of such permit or
variance for a maximum of one year only, upon application filed by the applicant
with the Director prior to expiration. Upon timeiy feting of an extension request
with the Director, the time for which a permit or variance must be used shall be
automatically extended until the request is heard by the decisionmaker.
Ordinance No. 1812
page 2
. C. Revocation
In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a conditional use permit or variance have not been
implemented, or where the permit or variance is being conducted in a manner
detrimental to the public health, safety, and welfare, the Director shall set a date
for a public hearing before the decisions maker granting the original permit or
variance, and notice a public hearing in accordance with Section 19.124.040 of
this code.
Following such hearing, the decisionmaker shall make findings as to
whether the conditions of the permit or variance have, or have not, been
implemented and/or whether the use has been conducted in a manner detrimental
to the public health, safety and welfare, and shall render a decision of whether or
not to revoke or modify the permit or variance. In determining whether a use is
conducted in a manner detrimental to the public health, safety, and welfare, the
decisionmaker shall consider, but not be limited to, the following:
1. Increased traffic beyond what was reasonably contemplated at the
time of issuance.
2. Insufficient parking.
3. Increased hours of operation beyond what was reasonably
contemplated at the time of issuance.
4. Increased noise level beyond what .vas reasonably contemplated
upon issuance.
5. Increased capacity beyond what was reasonably contemplated at
the time of issuance.
6. Increased criminal activity at or near the subject property resulting
from the use.
D. A eals
All decision related to extension or revocation of permits and variances are
subject to the appeal procedures contained in Chapter 19.136.
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 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
the 16th day of February 1999 and ENACTED at a regular meeting of the City Council of
the City oCCupcrtino the 1" day of March 1999, by the following vote:
Ordinance No. 1812 page 3
• Vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
___~
City Clerk
•
Members of the City Council
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
APPROVED:
rL~~~'~~
~ Mayor
•
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. ~~~ ~ Z ,which
was enacted on ~t~,~ C-~~. /, <9 ~~ ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
l~h day of /11~cC <c , 19 9~/ .
Win, ~-yw .
KIMBERLY SMIT ,City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
onlina~c ccniticate.doc
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