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Ordinance 468 ORDINANCE i1O. 40 AN ORDI::'u:CE OF THE CITY OF CU1'ERTi O RECREATING A CITY ARCIIITEC- TU►:.'.L AND SITE APPROVAL CO L'•!IT1'EE, PROVIDING FOR '1HE APPOI::'r::1:.'T OF a;?Ml•;I:S THEREOF, REDEFINING i'';'INING THE I'0•.:'FRS A:11) DUTIES OF SAID COi2•ii'I'TEE AND REPEALING \I.I. O::DINANCLS I:1 CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 1. Stated Purpose The purpose of architectural and site plan approval shall be to promote the orderly development of the City of Cupertino in accordance with the spirit an.i intent of the General Plan; to. promote the stability of land values, development and investments for the general welfare ; to maintain the character and integrity of neighborhoods by promoting -high standards cf development in harmony therewith; to prevent the adverse effects of the erection, addition or alterations to buildin es, structures, signs, light- ing or landscaping by giving proper attention to siting, or to unsightly, inappropriate or offensive appearance; and, to determine compliance with this Ordinance, ordinances relating to zoning and other pertinent ordinances. Section 2. Adoption of System The purpose of architectural and site plan approval as hereinbefore stated and the method, system and procedures for obtaining same as herein- after more specifically described and cited. as H-Control is hereby adopted. Section 3. Legislative Intent • The City Council hereby declares its intent that this said H-Contrci Ordinance shall be the enabling act under. which administrative ru'_ s, regu- lations and guidelines may be fo r.nuiated, adopted, amended, enforced and repealed with the same force and effectiveness as if said administrative rules , regulations and guidelines were sec forth herein.; the reason being that architectural concepts, construction materials and aesthetic standards may vary from one time period to another, from one neighborhood to another and from one City administration to another so as to make impracticable the. i.nclu- sion herein of said administrative rules, regulations, and guidelines ; pro- vided, however, that said administrative rules, regulations and guidelines are clearly set forth and on file in the office of the City Clerk for public review. Section 4. Establishment of Architectural and .Site Approval Committee There is hereby established an Architectural and Site Approval Committee which said Committee shall be comprised of five (5) members appointed by the City Council from .amoig the qualified electors of the City of Cupertino to terms of four (4) years each. Members so appointed shall serve without compensation and may be removed by majority vote of the City Council. Section 5. Authority of the Committee The It-Control. Committee shall review architectural and site design, landscaping, lighting and signs i.n zones where such review is required in (4-29) -1- conformance with the zoning or. other pertinent ordinances of the City of Cuoerli.no or where required by a condition to a Use Permit or. a Variance. the Comr:ItLee shall make a repoit to the City Council on all app.licattions for architectural and site approval and recommend either approval or df:_I1.ij1 of.. the application. Section 6. Rules and Re ulltions The H-Control Committee shall have the right to develop and shall adopt its own rules and regulations which shall be subject to approval by the City Council. On approval and after having been filed with the City Clerk said rules and regulations become effective. Amendments to said rules and regulations may be made in the same manner. Section 6.1. Said rules and regulations shall provide for the holding of meetings, election of officers, quorum and voting provisions, hearings and notices, application fees and may provide for such other matters as may be in the gen- eral welfare of the City. Section 6.2. Said rules and regulations shall contain sufficient and suitable information so as to provide to any applicant a guideline as to what matters the H-Control Committee will consider in its review. Section 7. City Staff Assistance The H-Control Committee shall have available to it such assistance of City. staff as may be required to perform its functions, said staff assign- ments and administrative procedures to be under the general direction and supervision of the City Manager. Section 8. Review and 'Approval by the City Council The City Council shall review and make the final decision on recom- mendations submitted by the H-Control Committee and after which the City Clerk shall so notify the applicant. Nothing contained herein shall limit the authority of the City Council to approve, modify or disapprove any appli- cation notwithstanding recommendations or conditions as may have been imposed or submitted to the• City Council by the applicant, the City staff or the H-Control Committee. Section 9. Conformance to Approval No permit shall be issued for the erection, addition or alteration to any building, structure, sign lighting or landscaping where architectural and site approval is required pursuant to this H-Control Ordinance unless said approval has been granted; provided, however, authorization granted by said permit shall be subject to any and all of those conditions that may have been imposed by the City Council as a part of any approval given to the subject application. (4-30) -2- Section 10. Constl Liittonali -Clau_c If any section, subsection, sentence,. clause or phrase .;F this Ordinance is for any reason held by a court of co:inctent jurisdiction to invalid , such decision shall net affect the validity cf the ru3inin2 nor-' tion, of this Ordinance. The City Council of the City of Cupertino hereby declares that it would have passed this Ordinance and each section, sub- section, sentence, clause, and phrase thereof , irrespective of the fact t;:at any one or more sections , subsections, sentences , clauses or phrases he held invalid or unconstitutional. Section 11 . Effect on Retroactivity Nothing contained herein shall invalidate any actions heretofore taken by the City. Council, the H-Control Committee or the City staff pursuant to provisions of Ordinance No. 306, as amended. Section 12. Ordinances Repealed Ordinances No. 306 and 306(a) are hereby repealed as of the effec- tive date of this Ei-Control Ordinance; provided, however, that any action commenced under ordinances so repealed shall be valid and shall be continued. in full force and effect just as if said ordinances had not been repealed. INTRODUCED at a regular meeting of the City Ccurcil of the City of Cuper- tino on the 17th day of August, 1970, and ENACTED at a regular meeting cf •_ e City Council of the City of Cupertino on the 8th day of September, 1970, by the following vote: AYES: Councilmen - Fitzgerald, Frolich, Noel, Stokes NOES: Councilmen - None ABSENT: Councilmen - Green APPROVED: /s/ Gary G. Stokes Mayor, City of Cupertino ATTEST: /s/ WMn. E. Ryder City Clerk (4-31) Atl t1It.~IM4~l~C1r t7F TRf: (:YTY /JF CUPEIt'1'I'dp REGdt£Jl', 1:~ ~ C:I"'Y AF'.c:~i'['1"~'C.- 7(I~ A2iD SYTf; Al'PRC-tiAL C:~l~i`IITxF.E, gtt-JVIDIl1G FY.:~it 1'Hf: !iPr{'1.irTt~E,F.'..7(' o~ l~ass~s ~»~o~, R~:r>s:~rr~xlvc Tait: ~asaz~RS ~~~ rrurl~s car' s~rn t7f)1~3T7"l~F ARtt Rlr!'1:Al.INC At.L cDlt~Ii~AHc ES tti t;lkflrLt~CT NCttt~ 1Tr# TliE GY'tY GttltlGll. ~F TRtr CITT OF CLti~Eln'7`f10 Wt;S +~TtI1AIN A5 Fi'tl`Y.~7NS Seetiatq i. Stated pux~ras~ Ilse puzpoa-e flf erctaite,ctutal and sitr. plan approvsl sha1Z be ~.~o promote t4~~ orderly c2evrrlaptaent of t.ht City of Cuperti.na in ar.cc,r~lait~r.~~ yrith the r{•irit And intt-nt of the G+~neral t'lan; to prc*mote the stabi.lit?~ ~i lar:d values, deweiopsent a'~ #r.~stittentat far the general Krelfa~:a; to t>3aitstazin the character And iategrir.y of neiylhborhaods by prcKaoting high attend;rds of devrlapment its harttwxay therewftls, Ca prevent the adverate t!ffectat of the erection. addition or alt~ration~s to buildings, structures. signs, Iight- ing or lat~alscaping by piti•irg propt_r zttrettt3ar- to rit.ing, or to u,~~t;i.ghtl,r, inapprr; s iate or affensSLe apFearanct:; and, to dctt.ermf.ne. rU;,tpliance vitt. this ~rdinanre, ardiaances relat StzR to xonicsg and rsthi~r pert iaent ~-+r.linances. 5rct ion 2, lldo~t iron of System 'T'he purpose of architectural anal site piaci app. oval as h~~rrinbefc,re stated and the wetr-od, s4ster and pruca~c#ures for obtainir-,~ =ax-~: as taereiri- after inure specifically d~zrriberi and cited as H-Cvntro, i~ 17erea'c>y advpt~•~?. Section 3. Le~isla'ive Intent The City Cotsnci'. hereby de^lare~s its intent that this 5:sid r-Cr.r~rol Ordinance shalt be the enabling act unc-tir which administrativy :ores. :~.~~;~:- lutiorss and guidelines ma--y be farmslated, adopted, amended. Nnfr,c°c•ed .sad r._pFaled with the same farce sad effectiveness as if said adrtinistsa*_iv~ rules, re;~ulations and guidelines were set forth herein; the reasc~cs being that architer.tusal ewteepts, construetio7 ataterial:; acrd aesthetic $tanda~rda Halt vary froo- one time period to anothez, frow one neighbort~ovd to another and from one C#.ty adtainistratian to another $G as to tasks imprsr~cirahle the inc'lu- sxan herein of said administrative rules, regulations, and guidelines; prr-- ~~ided, however, that saki administra' j.re :::.',..y. raguletions end guidelines ar.e clearly set forth and on file in the office of the City Clet-k far public. revie4r. Sectia~ti G. Establishment of !~tchit=.>.ctural ai-d Hite Ag~ruva-1 Cvrnrs;.ttee Thrre ire hereby established an Architecturai and Site Approval Cara~elttee wlhiCh said Cottuui(tee shall he campzised wf fi~te (S) :~ernbet>S appoirttrd by the City Council from at:sarsg the q~ialifir~l ~yl+:ctars o~.; the City of Cupet'tint~ to terrsss of four (4) years tads. :~rmbQrs s~z appoiatted sh,3i1 serve without cFjcupensatic:r. and may be reiuavrtd by xa~arity vote a; ;he City Cczur~cil. 5ece:ioo S. Author~~ of the Committee Tt-e ~-Corttral Coaeeittre sba21 rcvirv azchitectural and site design, landsc~-ping, Sighting and sigcss in zaneat where a;ach review is require! ire _~_ conformance with the zoning o: ~~thEr }~ertin9nt ordiraancES of the City of Cupertino ur where required by a crnd:.t'on to ~, Use Per»it or a Varian~.e. 't"hc Couuuittc~e sha' 1 ,make a re},ort to the f.i ty Gounwi:i an all applicac i e.~r~s for architectural and rite approval .and ceconauartd either appr~svel: or denial of the applicetic~n. Scr.tion 5. Rrala,s anti Re~u2atinalt The li-Gontro2 Caamritt+~ shall have that ci.ght to r:avelo}~ arr~d sha11 sslapt its awn rules aa~ regulations vhiclt :ha21 be sabj+ect r.o .app.raral. ~y the City CouACil. On apprcva'! axnd after having bean fired wiith the Ci.t~r Clerk .said .-ales and regulations becomr_ effeCtiye. Aa~ndn~nti to said rules and regulations may be made i.n the scams mater. Section 6.1. Said rul_.es and regulations shall. provide f.s+r the haldiag of u~eetings, U.lec.tion of officers, quorum and voting pros•tsiona, hearings aru3 natirea, application fees and racy provide for such athe.r mat tare as n4ay be iu the $en- eral welfare of the City. Section c.2. Said rules and re~ul.a~ians sha22 contain srfficient a:~d suitably information so as to provide to any applicant a guidPlin~e as to ghat matters r_he H-Cc~ncrol ComQaittee will consider !.n its re•/iaw. Section 7. Cites Stz~ff _Assistancr. The H-Control Cnrwnittee stia.] ?-gave avai inble t© it such assi.stauce of L.fty staff as ray br requires to pr~fa~ its fur:<tia'15, said staff assigi~.- ments and adrain;strative proced:,res t+~ hr i,nrie~r th~r g~r,~ral di.rectian and supei~-i_:?ion of the City tL~na~ger. Section $. Revie.:a and A~rr~vai_b~_the City Ca~,ncil Tt,e City Council shall review and snake the firal decision on recom- roendatians submitted by the N~-Control Co:a~.fttee ats3 after, which the city Clerk shall sa notify the applicant. ~att:ing. rontair~ed i.erein shall limit [he authority of the City Council to approve, r~rdi#y ~.7r d?sapprc~,re any appli-- cation notwithstanding recosraen+iatiar,s oz conditi.tirss as ray have been imposed nr subrn:itted to the City Council by t:te applieanL, :he t:ity staff or the I#-Cantrul C~~awritl-ee. Se•~tion 9. Conformance _ta~pravel No permit shall b,° Issued far th+c erection, a;#c3ition ar alteration to anv building, structuYe, afgn Iightis3g ax land ,rapirs~; ::izESre archite~tura). grid site approval is rE•quirrd p~.ersuaar. to this k-Cc.rrtrnl Ca~.3.inance unless said approval has been brsntadi provided, hcrvever. a,.,thar. i zat i ~., f`ran*.e..i '~y said permit shall he s~sbject co any and all of t.hos~e condiLlt~ns that z~av ',lave been imposed by the City Council as g part mf any approval given to :he subject application. _y_ Sc:ci.'iun 1~. Co.tst i t«i_i~jrt;~li.t~ _C~1,~~:~e Ii' ~rn~ secti.c~n, subswarian, sent-F~nr.e, c].au:ce ar phra:ar. of chip Qrdinancte. is far any reason held by ~- caur: of c.nup~twnt jc~ri.edi.ction to tie invalid, such dcxciafan shall- not m#'fec.t tFce v~x],idity of. the remai.Irix~, Z~ar- tious u~E t3ais Oxdisxanc:e. 'The City Gnu;xril of ttxe f:£ty t7f Cuper~t.inca ttereb} deca ~re~; L}tat it ~pu'id have pasgrd F:his O- dfixart.~.e ~sxtll each :c,-cat : c,,~, sub- secY.ion, renLence, ~:iatsce, .axed },ixr.ase thererif, irrc$pcrctix~e sxf t.t~~ fact. that taa~y ozae yr s,-.ce o~c:sionts, aubsc*ctianxs, sentenccrs, caauaes cxx~ phrartea~ he held i.nve).id or unc•oacritutiana,. Section .11. Y?ffect +:r. rLct.raactivi~t~ hothir~g contained herein afil+l-1 invalSdat~. any actis~ns hereiafare taken ~lr the !'itq Council., the H-Central Lumen#ttc~t: car the city staff Futnuant to provisit~ns ai tTrrl.inrxrlce No. 306, at: aenend~d. Section l2. Ordi.rlencea µR_ep_ealed Ordinances Nct. ~Qfi s. d :106~e;, are hereby tey~eale:d as of the effec- tive date of thus £wControl Urdirxa~tce;, provided, ktn,deveY , that any act ion commenced under r•r~inances sa repea:la:F shall. 5c val.ic! anc} :~txall he continc.Ied :fn full force a,r~d effe<;t just as if r>aici cax°din:cnc:•~s Clad r-ctic be£a repealeE~. €iiT"F~.ODL'CETi aC ~ regr~,ar Inc~r~r:ing of the r,zt~° Cuurtc.il of the ('i~:y of Clx~+er- tino on the 17th day of AuEust, ].9'JG~, grid f;:~~At~T..D a' a r~f~~lar n,E~r`.ins:7 of. t}~~: City Courl`j.l of. nc~: City of Cupert.illo c~x~ the $th ci~a} o, Si. ptc~rr,},~r, 19`'C~t py the full-c,:~itiF; vale: AY£.S: L:c~uncil~<:n - Pztzgeraid, f'rc:lic.h, '~GF1, Sto'r.c~s NOES : Cc,ICric. i.lm~Il - None ABSF~iT': Coy-InGil^__E'.il - I,tPPIl ^` ~ r /~^) ~ ~, ! ~J/ /~ ~:ayor; C.ity,,cff ci"ipex'tilio A?T£ST: ~ry / ~_ .~ Citl- G;.crk I hert~q certify tl;at the :i ry of Cupertino Ordinance I3o. .~~~/' attached hereto to $ tr~aa: ar~tl correct cony of said Ordinance which has beets yublisi:ed of posttid gursleant to l.av. .... Wit . E . Ryd ~ ._.-.._Y __._.~ City Cler