Reso 4922 4-Z-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4922
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF ORDINANCE AMENDMENTS TO
CUPERTINO MLTNICIPAL CODE SECTIONS: 2.32, 16.28, 17.44, 19.132 AND 19.134
TO ENABLE THE CREATION OF A DESIGN REVIEW SUBCOMMITTEE OF THE
PLANNING COMMISSION AND CHANGE PUBLIC NOTICING REQUIREMENTS
FOR FENCE EXCEPTIONS, SIGN EXCEPTIONS, ARCHITECTURAL AND SITE
APPROVALS AND COMMUNITY DEVELOPMENT DIRECTOR' S
ADMINISTRATIVE APPLICATIONS REFERRED TO THE PLANNING
COMMISSION, AND RULES OF PROCEDURE FOR THE DESIGN REVIEW
SUBCOMMITTEE.
The draft ordinances are attached as Exhibit A.
The draft rules of procedure for the design review subcommittee are attached as Exhibit
A-1.
PASSED AND ADOPTED this ll`'' day of May, at a regular meeting of the Plannin�;
Commission of the City of Cupertino, State of California, by the following roll call vote:
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AYES: COMMISSIONERS: Doyle, Harris, Stevens & Chair Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Mahoney
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, Chairwoman
� Director of Community Development Cupertino Planning Commission
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Exhibit A-1
City of Cupertino Planning Commission
Rules of Procedure for
Design Review Subcommittee
Purpose:
Cupertino Municipal Code Sections 2.32.070 and 2.32.090 enable the Commission to
establish as needed a Subcommittee of its members and adopt rules of procedure for the
purposes of conducting design review of projects that may properly coine before the
Commission and make recommendations to the aforesaid Commission and approve
design items as may be referred to the Subcommittee for its review and approval. The
Subcommittee 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. Subcommittee design review 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, SL1CIl
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.
` Definitions:
Applications, Minor - a category of development applications that includes: fence
exceptions, sign exceptions, architectural and site approvals, Community Development
Director's administrative applications referred to the Planning Commission or any
combination of minor applications.
Applications, Major - all other development applications that are reviewed and approved
by the Planning Commission and/or the City Council. Combined applications composc;d
of concurrent minor and major applications are treated as a single, major application for
design review purposes.
Director - is the same as the Director of the Community Development Department.
Subcommittee - means the Design Review Subcommittee of the Planning Commission.
Subcommittee Composition and Term of Appointment:
The Design Review Subcommittee shall be composed of two Planning Cominissioners
appointed by a majority of the Commission members. A majority of the Commission
members may also appoint an alternate member who shall serve on the Subcommittee in
the absence of one of the regular appointees.
Subcommittee member terms of appointment shall be established by a majority of the
Commission and individual appointments shall be reviewed annually.
Architectural Advisor:
The Director shall select an architectural advisor(s), who is a licensed architect, to serve
the City interest by providing professional design advice to the Subcominittee o�i projects
selected by the Director. The architectural advisor shall be fully compensated by thc
project applicant. One or more architectural advisors may be selected to serve the
Subcommittee, depending on the type of development and particular expertise of the
design professional. The architectural advisor(s) is responsible for becoming familiar
with City land use and development policies, development standards and adopted desi�n
guidelines and offering opinions on design issues at the Subcommittee meeting or to the
Director. The architectural advisor(s) will be required to devise solutions to particular
design problems, and work with applicants, other design professionals, staff and the
general public at these meetings. The architectural advisor(s) must be sensitive to and
capable of balancing quality and cost considerations in reviewing projects.
For major applications which are not reviewed by the Subcommittee, the architectural
advisor(s) will provide written or verbal advice to department staff who will transmit the
information to the Planning Commission.
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Meetings:
The Subcommittee shall schedule one meeting per month which shall be located at City
Hall, 10300 Torre Avenue, Cupertino, California. Dates and times will be arran�ed at thc
discretion of the Director of Community Development upon consultation with
Subcommittee members. A second meeting per month may be scheduled as needed.
Powers and Functions:
The powers and functions of the Design Review Subcommittee shall be as follows:
1. Review all architectural and site design aspects of minor applications that may come
before the Subcommittee in accordance with city adopted design policies, standards
and good design practices, and make recommendations on the same to the
Commission.
The Director, in his discretion, may allow a minor application to forgo review by the
Subcommittee if in the Director's opinion the project is controversial or signiticant.
Similarly, the Director may divert a major application to the Subcommittee for
review if he considers the project not controversial or not signiticant.
A. Minor applications receiving unanimous Subcommittee recommendation
for approval shall be placed on the Planning Commission's Consent
Calendar section of the meeting agenda for possible, immediate approval.
If a minor application does not receive unanimous subcommittee approval
recommendation, then the application will be scheduled for regular public
, hearing.
2. Review and approve all design items referred by the Planning Co�nmission to the
Subcommittee for its review and approval.
3. Endeavor to promote public interest in, comment upon, understanding of the
regulation of design.
4. Consult and advise with public officials and agencies, public utility companies, civic,
educational, professional and other organizations and citizens concerning the desi�n
of projects.
5. Perform other functions as authorized by the Planning Commission.
6. Consult regularly with the City Architectural Advisor(s) in order to hone desi�;n
review skills and improve design of projects citywide.
7. Keep an accurate record of its proceedings and transactions, and transmit
such reports to the Commission.
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' Public Meeting Noticing:
Mailed written notice of the Subcommittee hearing shall be given by the Director of
� Community Development in the same manner as specified by the public noticing
� requirements of the particular project application. For example, a use permit application
requires mailed noticing of all property owners within 300 feet. In this example, two
� 300-foot notices would be mailed: one for the Subcommittee meeting and one for the
Planning Commission hearing. Subcommittee meeting agendas and dates will not be
advertised in publications of local circulation, unlike the Planning Commission hearin�s.
Compliance with the notice provisions shall constitute a good-faith etfort to provide
� notice, and failure to provide notice, and the failure of any person to receive notice, shall
not prevent the Subcommittee from proceeding to consider or to take action with respect
i to an application. If the Director believes the project may have negative etfects 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 adopted
` requirements.
Staff Responsibilities:
In order to ensure the satisfactory performance of the Subcommittee as an integral part of
the design review process, the Community Development Department shall provide
staffing within its resources to carry out the purposes of the Subcommittee. To this e�id
the Department shall support the Subcommittee with planners and administrative
personnel to:
1) prepare and mail public notices of Subcommitttee meetings,
2) prepare meeting agendas and minutes,
3) provide written project reports and analysis, and staffing at Subcommittee meetin�s,
4) select and brief an architectural advisor(s) who serves the Subcommittee & Director,
5) prepare summaries of Subcommittee findings and recommendations for the
Commission
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