Reso 5005 41-EA-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5005
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO CHAPTER 19.124 OF THE CUPERTINO MUNICIPAL CODE
TO STREAMLINE THE PROCEDURE REGARDING CONDITIONAL USE PERMITS AND
VARIANCES
The draft ordinance is attached as Exhibit A.
PASSED AND ADOPTED this 25th day of January, 1999 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairperson Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.� p
Robert S. Cowan David Doyle, airperso
Director of Community Development Planning Commission
g:/planning/pdreport/res/41 ea98
Exhibit A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING TI� CITY'S ORDINANCE
CODE TO STREANII.,INE THE PROCEDURE REGARDING
CONDITIONAL USE PERMITS AND VARIANCES
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
1. 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 shall 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 structures, when sufficient building activity has occurred and
continues to occur in a diligent manner.
� 2. Notwithstanding subparagraph 1 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 structure 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
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a maximum of one year only, upon application filed by the applicant with the Director
prior to expiration. Upon timely filing 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.
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 was 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. Appeals
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
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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:
PASSED:
Vote: Members of the Citv Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor
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