Ordinance No. 1844ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTERS 2.32~ 2.90. 16.287 17.44, 19.28~ 19.32, 19.36~ 19.48, 19.56, 19.60, 19.64,
19.80, 19.132, AND 19.134 OF THE CUPERTINO MUNICIPAL CODE TO SHIFT DESIGN
REVIEW TO THE DESIGN REVIEW COMMITTEE
WHEREAS, the City initiated an application to amend various sections of the municipal code to
merge the Residential Design Review Committee and the Design Review Subcommittee; and
WHEREAS, the committees are presently separate but are only reviewing between 1-5
applications per month; and
WHEREAS, the merger would simplify the design review process, clarify the roles of the staff;
and reduce the number of meetings held per month; and
WHEREAS, the Architectural Advisor would continue to advise staff, the committee and Planning
Commission on applications and would be present at meetings as needed; and
WHEREAS, upon due notice and after one public heating the Planning Commission
recommended to the City Council that the amendments be approved according to Planning Commission
resolution 6009; and
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the municipal code sections are amended according to the Planning Commission
resolution 6009, including Attachment A consisting of fourteen (14) separate ordinances.
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 the 20th day of
March, 2000 and ENACTED at a regular meeting &the City Council of the City of Cupertino the 3rd
day of April, 2000, by the following vote:
Vote
Members of the City .Council
AYES: Bumett, Chang, James, Lowenthal
NOES: None
ABSENT: Statton
ABSTAIN: None
ATTL~:
Cit~ Clerk/~
Vi~e2Mayor, Cit9 o~pertino
Attachment A Page 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AIVIENDING
CHAPTER 2.32 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 2.32 of the Municipal Code of Cupertino is hereby amended to read as follows:
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
2.32.060
2.32.070
2.32.080
PLANNING COMMISSION
Established.
Term of office of members.
Vacancy or removal.
Chairperson.
Meetings.
Amendments--Records required.
Powers and functions.
Procedural rules.
2.32.070 Powers and functions.
The powers and functions of the City Planning Commission shall be as follows:
H. Establish as needed, a standing subcommittee of the Commission for Design
Review. The Planning Commission shall decide appeals of the Design Review Committee for the
purposes of conducting design review on projects that properly come before the Design Review
Committee for review, and conduct design review of a project, as required by Chapters 2.90, 19.132,
19.134 and of the Cupertino Municipal Code.
Attachment A Page
Chapter 2.90
DESIGN REVIEW COMMITTEE
Sections:
Established
Purpose
Terms of Office
Vacancy or removal of Chairperson
Meeting--Quorum
Licensed Architect
Records--Agendas
Powers and Functions
Effect
2.90.10 Established.
The Design Review Committee (DRC) is established. The DRC shall consist of, the Planning
Commission Vice Chair and one additional Planning Commission representative, to be appointed by the
Planning Commission. One additional member of the Planning Commission shall be designated to serve
as an alternate in the absence ora Planning Commission member. This alternate member shall be selected
by the Planning Commission.
290.20 Purpose
The Design Review Committee shall endeavor to reduce the Commission's workload by simplifying its
design review responsibilities, and incorporate professional architectural advice where it adds value to the
design review process. The Design Review Committee shall include all aspects of site and architectural
design, including:
1. The relationship of the building to its surrounding land uses and the street;
2. Compliance with adopted height limits, setbacks, architectural and landscape design guidelines;
3. Protection of surrounding land uses and the subject uses from intrusive impacts, such as, noise, glare,
dust, chemicals, smells and visual disturbances.
4. Providing adequate parking and circulation for vehicles and pedestrians;
5. The overall quality and compatibility of the building materials and architecture with the surroundings.
2.90.30 Terms of Office
Committee members serve at the pleasure of the City Council. The term of the Planning
Commissioners is one year and shall end on January 15th of each year.
2.90.40 Vacancy or removal
Any Design Review Committee member may be removed from the Committee by a majority vote
of the City Council. If a vacancy occurs including an expiration of a term, it shall be appointed by the
Planning Commission.
2.90.50 Chairperson
The chairperson shall be the Planning Commission Vice Chair. The term shall be one year and
shall begin on January 15 and be complete on January 15 of the following year, or until a successor is
duly appointed.
Attachment A Page 3
2.90.60 Meeting~Quorum
A. The DRC shall meet at dates and times prescribed by the ¢omxnittee. Meetings shall be held at
City Hall, 10300 Torte Avenue, CUpertino, California. The committee may adjourn any regular meeting
to a date certain, which shall be specified in the order of adjournment. When so adjourned, such meeting
shall be a regular meeting for all purpose.
B. Special meetings of the committee may be called at any time by the chairperson or by any
member of the committee upon written notice being given to all members at least twenty-four (24) hours
prior to the meeting, unless notice is waived in writing by each member.
C. Two Design Review Committee members or one member and the designated alternate shall be
present to constitute a quorum for the purpose of transacting the business of the committee. A majority
vote of the quorum is required to approve any decision of the committee. A tie vote constitutes a denial
of any application or request.
2.90.70 Licensed Architect
A licensed architect shall make recommendations to the Committee. The architect shall be
selected by the City Council and shall be compensated based upon a contract with the City for a period
not exceeding two years.
2.90.80 Records--Agendas
A. The committee shall keep an accurate record of its proceedings and transactions and shall render
such reports to the City Council and Planning Commission directly after each meeting. The appeal of
said decision is governed by Chapter 19.136 of the Zoning Code. The committee shall also comply with
all requirements of the State of California Open Meeting Law ( the Brown Act), including the preparation
and posting of meeting agendas.
B. The committee shall be furnished with a secretary employed by the City to keep accurate records
of the committee. All records so prepared by the secretary shall be filed with the City Clerk.
2.90.90 Powers and Functions
The powers and functions of the DRC are as follows:
A. Under the provisions of Chapter 19.28 of the City's ordinance code, approve, modify, or deny
applications or requests for two story residential development located in a Single Family Residential
zoning district, or an individual single family home in a Planned Development Residential zoning district,
unless deemed minor in accordance with Chapter 19.132.
B. Under the provisions of Chapter 19.28 of the City's ordinance code, approve, modify, or deny
applications or requests for exceptions from R-1 standards.
C. Under the provisions of Chapter 16.28 of the City's ordinance code, approve, modify, or deny
applications or requests for fence exceptions.
D. Under the provisions of Chapter 17.44 of the City's ordinance code, approve, modify, or deny
applications or requests for sign exceptions
E. Under the provisions of Chapter 19.32, 19.36, 19.56 and 19.134, of the City's ordinance code for
minor building modifications, landscaping, signs and lighting for new development,
redevelopment or modification in such zones where such review is required.
F. Under the provisions of Chapter 19.80 of the City's ordinance code, approve, modify, or deny
applications for deck exceptions.
G. Under the provisions of Chapters 19.32 and 19.36 of the City's ordinance code, modify or deny
minor modifications of duplex and multi-family buildings.
H. Perform other functions as the City Council requires.
Attachment A Page 4
2.90.100 Procedural Rules
The DRC may adopt from time to time such rules or procedures, as it may deem necessary to
properly exercise its powers and functions. Such rules shall be subject to approval by the City Council
before becoming effective. All such rules shall be kept on file with the chairperson of DRC and the City
Clerk and a copy thereof shall be furnished to any person upon request.
2.90.110 Effect
Nothing in this chapter shall be construed as restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
Attachment A
Page 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO A1VIENDING
CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 16.28 of the Municipal Code of Cupertino is hereby amended to read as follows:
FENCES
16.28.030 Fence location and height for zones requiring site review.
A. The Design Review Committee, Planning Commission and City Council shall have the authority to
require, approve, or disapprove wall and fencing plans including location, height and materials in all
zones requiring design review.
16.28.060 Exceptions
A. Application and Fee. Application shall be made in writing to the Design Review Committee on a
form prescribed by the Director of
Community Development. The application shall be accompanied by a fee as prescribed by City Council
resolution.
B. Public Hearings. Upon receipt of an application for exception, the Director of Community
Development shall set a time and place for a public hearing before the Design Review Committee and
order the public notice thereof. Mailed written notice ...... Said notice shall be mailed by first class
mail at least ten days prior to the Design Review Committee meeting in which the application will be
considered.
The Design Review Committee shall hold a public hearing at which time the Committee may grant
the exception based upon the following findings:
C. Appeals. Any application for exception which received final approval or disapproval by the Design
Review Committee may be appealed to the Planning Commission as provided by Section 19.136.060 of
this code.
Attachment A
Page 6
ORDINANCE NO.
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AIVIENDING
CHAPTER 17.44 OF THE CUPERTINO MUNIC2AL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 17.44 of the Municipal Code of Cupertino is hereby amended to read as follows:
SIGNS
Sections:
17.44.010
17.44.020
17.44.030
17.44.040
17.44.060
17.44.070
17.44.080
17.44.090
Authority.
Application and fee.
Design Review Committee review required
Findings for an exception
17.44.050 Action by the Design Review Committee
Conditions for revocation of exception--Notice required.
Exception deemed null and void when---Notification required.
Appeals.
Reports to Planning Commission.
17.44.010 Authority.
The Design Review Committee may grant a sign exception in accordance with the provisions of this
chapter. (Ord 1789 § 1 (part), 1998)
17.44.020 Application and fee.
An application shall be made in writing to the Design Review Committee on a form prescribed by the
Director.
17.44.030 Design Review Committee review required.
A. An exception shall be scheduled for review by the Design Review Committee, not later than thirty
days after filing of application.
B. Mailed written notice of the hearing on the sign exception shall be given by the Director of
Community Development 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 Design Review Committee meeting in
which the application will be considered. The notice shall state the date, time and place of the hearing. A
description of the sign exception shall be included in the notice. If the Director of Community
Development believes the project may have 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.
17.44.040 Findings for an exception
The Design Review Committee may grant an exception based upon all the following findings:
A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with
the spirit and intent of this title;
Attachment A Page
B. That the granting of the exception will not result in a condition which is materially detrimental to
the public health, safety, or welfare; and
C. That the exception to be granted is one that will require thc least modification o£the prescribed
regulations and the minimum variance that will accomplish the purpose. (Ord. 1789 § 1 (part), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in accordance with
Section 17.44.080. (Ord. 1789 § 1 (part), 1998)
17.44.080 Appeals
A. Any person aggrieved by a decision of the Design Review Committee in the approval, conditional
approval, denial, or revocation of an exception for a sign may appeal such a decision in writing to the City
Council.
D. Such appeals shall be heard by the Planning Commission and scheduled on their agenda at the time
that other regular items appear
(Ord. 1789 § 1 (part), 1998)
17.44.090 Reports to Planning Commission
The Director, or designated representative, shall make written reports on all exceptions granted, denied,
or revoked under this chapter. The reports shall be delivered to the-Planning Commission within five
calendar days from the date of the decision. (Ord. 1789 § 1 (part), 1998)
Attachment A
Page 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDiNG
CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.28 of the Municipal Code of Cupertino is hereby amended to read as follows:
SINGLE-FAMILY RESIDENTIAL (R-l) ZONES
Sections:
19.28.010
19.28.020
19.28.030
19.28.040
19.28.50
19.28.60
19.28.70
19.28.80
19.28.090
19.28.100
Purposes.
Applicability of regulation.
Permitted uses.
Conditional uses.
Site development regulations.
Lot coverage, building setbacks, height restrictions and privacy mitigation measures
for nonaccessory buildings and structures.
Permitted yard encroachments.
Exceptions for prescriptive design regulations.
Residential design approval.
Procedure for exceptions and residential design approvals.
19.28.80 Exceptions for prescriptive design regulations.
B. Issued by the Design Review Committee.
The Design Review Committee may approve, conditionally approve or deny an exception from the
prescriptive design regulations described in Section 19.28.060 exclusive of Section 19.28.060 E4
(Hillside building heights) and Section 19.28.060 F (Privacy Protection) upon making all the following
findings ...... :
19.28.90 Residential design approval.
In the event that a proposed development of two stories exceeds a thirty-five percent floor area ratio as
prescribed in Section 19.28.060B, the applicant shall apply to the Design_Review Committee for a special
permit to allow for the development; provided, however, in no event shall such application exceed a forty-
five percent floor area ratio ..... The Design Review Committee may only grant a special permit upon
making all of the following findings...:
19.28.100 Procedure for exceptions and residential design approvals.
D. All decisions regarding approvals contained in this section may be appealed by any interested party
pursuant to Chapter 19.136. An appeal of the Design Review Committee decision shall be processed .......
F. Concurrent Applications. Notwithstanding any provision of this chapter to the contrary, any application
for exception or residential design review, which would be issued by the Director of Community
Development, the Design Review Committee, or the Planning Commission may at the discretion of the
Director of Community Development, be processed concurrently with other land use approvals.
Attachment A
Page 9
ORDINANCE NO.
AN OKDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AIVIENDING
CHAPTER 19.32 OF THE CUPERTINO MUNICiPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.32 of the Municipal Code of Cupertino is hereby amended to read as follows:
RESIDENTIAL DUPLEX (R-2) ZONES
Sections:
19.32.010
19.32.020
19.32.030
19.32.040
19.32.050
19.32.060
19.32.070
19.32.080
19.32.090
Purpose.
Applicability of regulations.
Permitted uses.
Conditional uses.
Height of buildings and structures.
Lot area and width.
Building coverage and setbacks
Permitted yard encroachments.
Architectural and site review.
19.32.090 Architectural and site review.
No building, structure, or sign shall be erected, structurally altered, or enlarged, nor shall any
landscaping or parking plan be implemented or modified, in an R-2 zone, without design review by the
Design Review Committee pursuant to Chapter 2.90 and 19.134 of the municipal code. (Ord 1779 § 1
(B), 1998)
Attachment A
Page I 0
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLrPERTINO AiViENDING
CHAPTER 19.36 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.36 of the Municipal Code of Cupertino is hereby amended to read as follows:
MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
Sections:
19.36.010 Purpose.
19.36.020 Applicability of regulations.
19.36.030 Permitted uses.
19.36.040 Conditional uses.
19.36.050 Conceptual plan.
19.36.060 Site development regulations.
19.36.070 Parking.
19.36.080 Architectural and Site Review.
19.36.50 Conceptual Plan
C. No building permit may be issued for development proposal of a vacant property presently zoned
multiple-family residential until a conceptual development plan is approved by the Planning Commission
for the City of Cupertino in conjunction with a public heating for a conditional use permit.
19.36.080 Architectural and Site Review
Signs, landscaping or parking plans and minor modifications to buildings may not be erected,
structurally altered, enlarged or modified without design review by the Design Review Committee
pursuant to Chapters 2.90 and 19.134, unless a conditional use permit is required. Then the Planning
Commission shall decide on the action.
Attachment A
Page 11
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AIVIENDING
CHAPTER 19.48 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.48 of the Municipal Code of Cupertino is hereby amended to read as follows:
PLANNED DEVELOPMENT (PD) ZONES
Sections:
19.48.010
19.48.020
19.48.030
19.48.040
19.48.050
19.48.060
19.48.070
19.48.080
19.48.090
19.48.100
19.48.110
Purpose.
Applicability of regulations.
Establishment of districts~Permitted and conditional uses.
Conceptual development plans.
Action by the Planning Commission
Zoning or prezoning--Action by the City Council
Use permit required--Definitive development plan.
Action by the Design Review Committee.
Action by the Planning Commission.
Conditional use permit--Action by the City Council.
Modifications of the definitive development plan.
19.48.080 Action by the Design Review Committee
Individual single-family homes in a Planned Development Residential zoning district or two-story,
single-family homes that directly incorporate R-1 (19.28) ordinance standards, shall be approved,
modified or denied by the Design Review Committee under the provisions of Chapter 2.90.
Attachment A Page 12
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.56 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.56 of the Municipal Code of Cupertino is hereby amended to read as follows:
GENERAL COMMERCIAL (CG) ZONES
Sections:
19.56.010
19.56.020
19.56.030
19.56.040
19.56.050
19.56.060
19.56.070
19.56.080
Purposes.
Applicability of regulation.
Permitted uses.
Conditional uses.
Excluded uses.
Conditional use permit for new development.
Land use activity and site development regulations.
Interpretation by the Planning Director.
19.56.060 Conditional use permit for new development.
B. Minor architectural modifications including changes in materials and colors shall be reviewed
by the Director of Community Development as specified in Chapter 19.132 or 2.90 of this code. If an
application is diverted to the Design Review Committee or the Planning Commission, the application
shall be agendized for a Design Review Committee or Planning Commission meeting as an architectural
and site application. (Ord. 1784 (part), 1998; Ord. 1687 Exh. A (part), 1995)
Attachment A
Page 13
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AiMENDING
CHAPTER 19.60 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.60 of the Municipal Code of Cupertino is hereby amended to read as follows:
LIGHT INDUSTRIAL (ML) ZONES
SectioBs:
19.60.010 Purposes.
19.60.020 Applicability of regulations.
19.60.030 Conditional uses.
19.60.050 Excluded uses.
19.60.60 Restrictions related to emissions.
19.60.70 Site development regulations.
19.60.80 Parking and loading standards - Conditional use permit.
19.60.90 Architectural and Site Review.
19.60.90 Architectural and Site Review
No building or structure shall be erected without Planning Commission review according to Chapters 2.32
& 19.134. No building, structure, landscaping, parking plan or sign shall be structurally altered, or
enlarged, in an ML zone, without architectural and site review before the Design Review Committee
pursuant to Chapter 2.90 and 19.134 of the municipal code. (Ord 1779 § I(B), 1998)
Attachment A
Page 14
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.64 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.64 of the Municipal Code of Cupertino is hereby amended to read as follows:
PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) AND TRANSPORTATION (T)
ZONES
Sections:
19.64.010
19.64.020
19.64.030
19.64.040
19.64.050
19.64.060
19.64.070
19.64.80
19.64.090
Purposes.
Applicability of regulation.
Permitted uses in a BA zone.
Permitted uses in a BQ zone.
Conditional uses in a BQ zone.
Conditional uses in a T zone.
Requirement of a development plan.
Architectural and site review.
Site development regulations.
19.64.80 Architectural and Site Review.
Prior to the issuance of any conditional use permit in a BA, BQ, or T zoning district, the proposed use
shall be reviewed pursuant to 19.64.070 of this Chapter and Chapter 19.134. Under the provisions of
Chapters 2.32, 2.90 & 19.134, the Design Review Committee shall approve, conditionally approve or
deny requests for modifications to landscaping, lighting and the building from the approved development
plan.
Attachment A Page 15
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO A1VIENDING
CHAPTER 19.80 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.80 of the Municipal Code of Cupertino is hereby amended to read as follows:
ACCESSORY STRUCTURE
Sections:
19.80.030 & 40
Second-story deck review
19.80.30 Site Development Regulations
Second story decks in R1 zoning districts are required to obtain an exception to this ordinance by
the Design Review Committee in order to address privacy protection to adjoining properties
except decks facing non-residential zoning districts and a fight-of-way.
19.80.40 Second-story Deck Exception
All second-story decks are required to obtain a decision for approval, conditional approval, or denial of
an exception by the Design Review Committee in order to protect the privacy of adjoining properties. The
goal of the exception requirement is not to require complete visual protection but address privacy
protection to the greatest extent while still allowing the construction and use of an outdoor deck.
After a public hearing, the Design Review Committee may grant an exception to this ordinance upon
making the following findings ......
Attachment A Page 16
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO A1VIENDING
CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.132 of the Municipal Code of Cupertino is hereby amended to read as follows:
ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS
Sections:
19.132.010
19.132.020
19.132.030
19.132.040
19.132.050
19.132.060
19.132.070
Purpose.
Definition of minor change.
Applicability of chapter.
Diversion of application for administrative approval.
Suspension of time periods.
Noticing, review and approval process.
Reports.
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. 1790 § 1 (part), 1998)
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 Design Review Committee for review, decision or recommendation.
B. Mailed written notice of the Design Review Committee_hearing on the application 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 Design Review Committee meeting in which the
application will be considered. The notice shall state the date, 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 have 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 a good-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.
C. Director of Community Development. Upon diversion, or upon receipt of the Design Review
Committee 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.
D. Decision. The Director shall render his decision in writing, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected person may appeal such decision in accord with the
Attachment A Page 17
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. 1790 § 1 (part), 1998)
Attachment A
Page 18
ORDINANCE NO.
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDiNG
CHAPTER 19.134 OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 19.134 of the Municipal Code of Cupertino is hereby amended to read as follows:
ARCHITECTURAL AND SITE REVIEW *
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
19.134.110
Purposes.
Authority of the Design Review Committee
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
* Prior ordinance history: Ord. 1778.
19.134.010 Purposes.
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. (Ord. 1791 § 1 (part), 1998)
19.134.020 Authority of the Design Review Committee.
Subject to the provisions of this chapter and to the general purpose and intent of this title, the
Design Review Committee shall review fence exceptions, sign exceptions, deck exceptions, exceptions in
an R-1 zoning district and Residential Design Approval of two story residential development with a floor
area ratio over 35% located in a Single Family Residential zoning district, an individual single family
home in a Planned Development Residential zoning district, minor modifications to buildings,
landscaping, signs, and lighting for new development, redevelopment, or modification in such zones
where such review is required.
19.134.030 Authority of the Planning Commission.
Subject to the provisions of this chapter and to the general purpose and intent of this title, the Planning
Commission shall decide on the architectural and site design, in such zones where such review is required
Attachment A Page 19
or when required by a condition to a use permit, variance, or any other entitlement of use. (Ord. 1791 § 1
(part), 1998)
19.134.040 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 shall be made to the Director of Community Development, 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 of Community Development_showing the proposed
development or changes to occur on the property;
3. Such additional information as the Director of Community Development 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. (Ord. 1791 § 1 (part), 1998)
19.134.050 Action by the Director
Unless otherwise 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.
A. 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 either the
Design Review Committee or 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 forty-five days of the date it is set. (Ord. 1791 § 1 (part),
1998)
19.134.060 Notice of consideration
Mailed written notice of consideration of any application under this chapter by the Design Review
Committee or 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
Design Review Committee or 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
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 a good-faith effort to
provided 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:
1. The exact address ofthe property, ifknown, 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;
Attachraent A Page
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 invalidate the notice nor any City action related thereto.
(Ord. 1791 § 1 (part), 1998)
19.134.070 Action by the Planning Commission - Appeals.
A. At the time and place set for consideration of the application, the Planning Commission shall
consider evidence for or against the application. Within a reasonable time after conclusion of its
consideration, 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 the Planning Commission is subject to appeal as provided in Chapter 19.136. (Ord. 1791 § 1 (part),
1998)
19.134.080 Limitations regarding Planning 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 19.134.0930 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. (Ord. 1791 § 1 (part), 1998)
19.134.090 Findings and conditions.
A. The Design Review Committee or 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 chapter, 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.
c. The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures 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
buffering, setbacks, landscaping, walls and other appropriate design measures.
Attachment A Page 21
B. The Committee or the Commiafion 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. (Ord. 1791 § 1 (part), 1998)
19.134.100 Revocation, extensions, and duration.
A. The revocation of any approval under this chapter is governed under the same procedures as
described in Section 19.124.100 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 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 Design Review Committee or 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
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 19.136. (Ord. 1791 § 1 (part), 1998)
19.134.110 Reports.
The Director shall make written reports to the Planning Commission and City Council describing the
Design Review Committee decisions or 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. (Ord. 1791 § 1 (part), 1998)
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./J' ~/ , whicl~
was enacted on ~//~ t~2 ~. ~3 ~P U__) , and that it ha.,
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
,/~ ~ day of t/~~ , 20QQ.
KIM~..~. o....~., d Ex-officio Clerk
of the City Coul'trS1 of the City of Cupertino, California