Ordinance 1817•.
ORDINANCE NO. 1817
AN ORDINANCE OF TFIE CITY COUNCIL OF THE CITY OF
• CUPERTINO AMENDING THE CUPERTINO MUNICIPAL
CODE TO CREATE CHAPTER 2.90, RESIDENTIAL DESIGN REVIEW COMMITTEE
(APPLICATION NO. 11-Z-97)
WHEREAS, the City Council directed staff to initiate a discretionary review process for
second story additions or homes in the Single Family Residential zoning district (R-1) or Planned
Development zoning district that directly incorporates the Single Family Residential zoning
standards (Application I 1-Z-97 and 10-EA-99); and
WHEREAS, upon due notice and after one public hearing, the Planning Commission
recommended to the City Council that the ordinance be approved; and
WHEREAS, a new ordinance creating the review committee is attached hereto as Exhibit
"A" as a proposed amendment to the Municipal Code of the City of Cupertino.
NOW, T[-IEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the Residential Design Review Committee as described in attached
Exhibit "A" be established and become Chapter 2.90 of the Cupertino Municipal Code.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
• passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
19th day of April, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of May 1999, by the following vote:
Vote Members of the City Council
AYES: Chang, Dean, James, Statton
NOES: Burnett
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City Cupertino
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Exhibit A
J
r1
U
Chapter 2.90
t2esidential I)csign licvicw Committee
Sections:
Gstablishcd.
Terms of Office
Vacancy or removal
Chairperson
Meeting--Quorum
Licensed Arcltitcct
Records--Agendas
Powers and runctions
Cffcct
2.90.10 L'st:tblishcd.
The Residcntinl Design Review
Committcc (RUItC) is established. The
RDRC shall consist of one Planning
Commissioner or their altcrnatc, the Director
of Community Dcvelopt»cnt or their
altcrnatc, and ate liccnscd architect under
contract with the City. "fhc Planning
Commission mcmbcr shall be appointed by
the City Council.
2.90.20 Terms of Office
Committcc members serve at the
pleasure of the City Council. The temt of
the Planning Commissioner is one year and
shall end on January 1 ~ of each year. The
term of office of the architect is two years.
2.90.30 Vacancy or removal
The Planning Commissioner or
architect may be removed by a majority vole
of the City Council. !f a vacancy occurs
including an expiration of a tcnn, it shall be
filled by the Mayor's appointment for the
unexpired portion of the term.
2.911.40 Chairperson
'1'hc chairperson shall be the
Planning Commissioner mcmbcr.
2.9U.S0 Meeting-(luorum
A. "fhc RDRC shall ntcet at dates and
times prescribed by the conunittcc.
Meetings shall be held at City Hall, 10300
Torre Avatuc, Cupertino, California. The
committee may adjourn any regular meting
to a date certain, which shall be specif icd in
the order of adjournment. When so
adjourned, such mccting shall be a regular
mccting for all purpose.
l3. Special meetings of the conttnittcc
may be called at any time by the chairperson
or by any two members of the conunittcc
upon written notice being given to all
members at least hventy-four (24) hours
prior to the mccting, unless notice is waived
in writing by each mcmbcr.
C. A majority of the RDRC shall
constitute a quorum for the purpose of~
transacting the business of the conunittcc. A
majority vote of the quorum is required to
approve any decision of the conunittcc. A
tic vote constitutes a denial of any
application or request.
2')O.GO Licensed Architect
The liccnscd architect mcmbcr shall
be selected by tltc City Council a:td shall be
compensated based upon a contract with the
City for a period not exceeding two years.
2.90.70 Records-Agendas
A, The committcc shall keep an accurate
record o1' its proceedings and transactions
and shall render such reports to the City
Council and Planning Commission as may
be requested. The conunittcc shall also
comply with all requirements of the State of
California Open meeting law (the Brown
Act), including the preparation and posting
of tnecting agendas.
l;. The conunittcc shall be furnishcd
• with a sccrctary cntploycd by the City to
keep accurate records of the committcc Ali
records so prepared by the sccrctary shall be
lilcd with the Cily Clerk.
29U.8U 1'uwcrs curd [~ unctions
Tltc powers and functions of'tltc
RDRC arc as follows:
A. Under the provisions of Chapter
19.28 ofthe City's ordinance code, approve,
modify, or deny applications or requests 1'or
two story residential development located in
a Single gamily Residential zoning district,
or a planned development zoning disu•ict
that directly incorporates R-1 ordinance
standards.
d. Under the provisions ol'Chaptcr
19.28 of the City's ordinance code, approve,
modify, or deny applications or requests for
exceptions from R-l standards.
C. Perform other functions as the City
Council requires.
29U.9U 1'roccdural Rules
The RDRC may adopt from time; to
time such talcs or procedures, as it may
decor necessary to properly exercise its
powers and functions. Such rules shall be
subject to approval by the City Council
before becoming effective. All such ntles
shall be kept on 61c with the chairperson of
RDRC and the City Clerk and a copy thereof
shall be furnishcd to any person upon
request.
290.100 )v(tect
Nothing in this chapter shall be
construed as restricting or curtailing any
powers of the City Council, Planning
Commission or City officers.
i
2
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. ~;~ ~ ~ ,which
c ~ C
was enacted on ~~~~~~ f 1 f J ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, [have hereunto set my hand and seal this
~~!-( day of ~7 1lccr ~ , 19 ~ %~
KIMBERLY SMI H, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certitieare.doc
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