Ordinance 002a revisedORDINANCE NO . . 002 (a ) (Revised )
AN ORDINANCE OF THE CITY OF CUPER~~INO, STATE OF CALIFORNIA, AMENDING
ORDINANCE NO. .002 AND PROVIDING ]+OR PROCEDURES IN THE MATTER OF SITE
APPROVAL PERMITS ON FOUR OR LESS ]SOTS, USE PERMITS, VARIANCES,
REZONINGS, ADOPTION OF OFFICIAL ZONING MAP AND SCHEDULE OF FEES, AND
FURTHER PROVIDING FOR APPEALS TO ~~HE CITY COUNCIL.
THE CITY COUNCIL OF THE CITY OF CiJPERTINO DOES ORDAIN AS FOLLOWS:
Section 1.: PURPOSE
Section l.l: Ordinance 002(~~) is hereby repealed as of the
effective date of this ordinance.
Section 1.2: This Ordinance shall establish procedures for the
carrying out of the intent and purpose of Ordinance No. 002, which
Ordinance adopts the Santa Clara (:ounty Zoning Ordinance as it applies
within the City as of the date of incorporation and as amended by
various ordinances of the City; '_t further provides procedures for the
issuance of permits to effect the purposes of Section 2 of Ordinance
No. 002 of the City.
SECTION 2: SITE APPROVAL PERMITS
Section 2.1: Site approval ]permits shall be required for all
buildings and strructures hereinafi;er erected, constructed, altered,
repaired or moved within, or into., any district extablished by this
Ordinance, and for the use of vac~~nt land or for a change in the
character of the use of land with:`_n any district established by
Ordinance.
Section 2.2: Site approval ]permits shall be issued by the Building
Department of the City after reviE:w and approval of the City Engineer
as part of the building permit or on a form prescribed by the Building
Department prior to the issue of i;he building permit and shall be issued
only upon a finding that the site abuts on a public street or highway
giving access to the same which plzblic street or highway is suitably
improved in accordance with the standards and specifications defined by
the appropriate City Departments ~~s adequate in respect to the public
health, safety and general welfarE~, including but not limited to,
surface slopes and support, storm drainage, curbs and gutters, paved
access ways for regular and emergency vehicles, parking, and pedestrian
sidewalks, electroliers, fire hydrants, site separations, utility
placements and dedications. For ]purposes of this section, the compli-
ance with the standards and speci='i cations established by the Subdivision
Ordinance of the City of Cupertino with respect to subdivisions shall
be deemed sufficient compliance.
Section 2.3: It shall be unlawful for any person, firm or corpora-
tion to offer to sell, contract tp sell, or to sell any lot or parcel
of land in the City of Cupertino ~~,s a prospective building site for
which building site approval woulcJ be necessary as a prerequisite for
a building permit, in accord with the terms of this section, unless
either building site approval has been obtained for said lot or parcel,
in accord with this section, priory' to such sale or the seller has
delivered to the purchaser, prior to such sale, a statement in writing
that building site approval has n~~t yet been obtained for said lot or
parcel of land.
Section 2.~F: Application fo:r site approval shall be in writing and
shall be accompanied by five (5) ~~opies of a tentative map and 3 copies
of improvement plans filed with the Building Department and showing the
dimensions of the lot or lots for which approval is sought with a clear
and legible delineation and statement in detail thereon, or therewith,
of all information and data calle~~. for by the form of application
prescribed by the Building department.
Section 2.5: Applicant for building site approval must be a person,
firm or corporation having a legal or equitable interest in the land for
which site .approval is sought.
Section 2.6: When the enforcement of the provisions of this sec-
tion would entail practical difficulty or unnecessary hardship, and
where the circumstances of the case do not require the structure to be
related to existing or proposed streets or highways, the applicant for
such a permit may appeal from the decision of the administrative
officer having charge of the issue of permits to the City Council as
hereinafter provided in the case of use permits.
Section 2.7: Action taken on the application and. tentative maps
shall be in full force and effect for one year only, unless renewed
by further action of the Planning Commission.
SECTION 3: USE PERMITS
Section 3.1: Use permits, revocable, conditional or valid for a
term period may be issued for any of the uses or purposes for which
such permits are required or permitted by ordinance.
Section 3.2: Application for use permit shall be made to the
Planning Commission in writing on a form prescribed by the Commission
and shall be accompanied by plans and elevations.
Section 3.3: A public hearing before the Planning Commission
shall he held within thirty days after filing of application, notice
of which shall be given by one publication in a newspaper of general
circulation in the City at least ten days prior to such hearings and
by posting notice on the property involved, or adjacent thereto, at
least ten days prior to such hearing.
Section 3.~: In order to grant any use permit the findings of the
Planning Commission shall be that the establishments, maintenance or
operation of the use of building applied for will not under the
circumstances of the particular case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental
or injurious to property and improvements in the neighborhood or to
the general welfare of the City. The Planning Commission may desig-
nate such conditions, in connection with the use permit, as it deems
necessary to secure the purposes of this ordinance and may require such
guarantees aid evidence that such conditions are being or will be
complied with.
Section 3.5: In case the applicant or other affected are not
satisfied with the action of the Planning Commission they may, within
five days, appeal in writing to the City Council. The City Council
shall set a date for public hearing and shall post notices as set
forth in Section 3.3. Notice shall also be given to the Planning
Commission of such appeal and the Planning Commission shall submit a
report to the City Council. The City Council shall render its decision
within sixty days after the filing of such appeal.
Section 3.6: No site approval or building permit shall be issued
in any case where a use permit is required by the terms of this Ordin-
ance until five days after the granting of such use permit by the
Planning Commission or City Council and then only in accordance with
the terms and conditions of the use permit granted.
SECTION ~: VARIANCES
Section ~.1: Where practical difficulties, unnecessary hardships
and results inconsistent with the general purposes of the zonirg
ordinance may result from the strict application of certain provisions
thereof, variance may be granted as provided in this section.
Section ~-.2: Application fcr variance shall be made in writing
on a form prescribed by the Planning Commission and filed with the
City Clerk and shall be accompani°d by a statement of plans and evi-
dence showing:
a. That there are exceptional or extraordinary circum-
stances of conditions applying to the land, building or use referred
to in the application, which circumstances or conditions do not apply
generally to land, buildings, and,/or uses in the same district.
b. That the granting sf the application is necessary for
the preservation and enjoyment of substantial property rights of
the petitioner.
c. That the granting ~~f such application will not, under
the circumstances of the particul;~.r case, materially affect adversely
the health or safety of persons residing or working in the neighbor-
hood of the property of the appli~~ant and willnot, under the cir-
cumstances of the particular case, be materially detrimental to the
public welfare or injurious to pr~~perty or improvements in said
neighborhood.
Section ~-.3: A public heari;zg before the Planning Commission shall
be held within thirty days after filing of application, notice of which
shall be given by one publication in a ne:~spaper of general circulation
in the City at least ten days prier to such hearings and by posting
notice on the property involved, ~~r adjacent thereto, at least ten days
prior to such hearing.
Section ~-.~-: After the conclusion of the public hearing, the
Planning Commission shall make a written finding of facts showing
whether the qualifications under ,Section ~.2, apply to the land,
building or use for which variance is sought and whether such variance
shall be in harmony with the general purpose of this Ordinance. Such
written notice of facts shall be submitted to the City Council within
thirty days after the public hearing and may include recommendations
for such conditions as the Planni:~g Commission deems necessary to
secure the purposes of this ordin,~.nce.
Section ~-1~.5: The City Council shall consider the application for
variance within thirty days after receipt of the Planning Commission
report, and, if the City Council .finds that the qualifications under
Section 4.2 apply to the land, building or use for wh~_ch variance is
sought and that such variance is :in harmony with the general purposes of
this ordinance, said City Council shall by resolution grant such variance
Section ~+.6: The City Council may designate such conditions in
connection with the variance as i~t deems necessary to secure the
purposes of this ordinance and ma;y require such guarantees and evidence
that such conditions are being, or will be, complied with.
SECTION 5: REVOCATION OF PERMITS OR VARIANCES
Section 5.1: Any site approval permit, use permit, or variance
granted in accordance with the teams of this ordinance shall be revoked
if not used within one year from date of approval.
Section 5.2: Any site approval permit, use permit, or variance
granted in accordance with the terms of this ordinance may be revoked
if any of the conditions or terms of such permit or variance are
violated or if any law or ordinance is violated in connection there-
with.
Section 5.3: A public hearing before the Planning Commission shall
be held within thirty days after serving notice of revocation, notice
of which shall be given by one puolication in a newspaper of general
circulation in the City at least ten days prior to such hearings and
by posting notice on the property involved, or adjacent thereto, at
least ten days prior to such hearing.
SECTION 6: AMENDMENTS TO CITY ZONING ORDINANCE AND THE OFFICIAL
ZONING MAP OF THE CITY.
Section 6.1: The City Zoning Ordinance and the official zoning
map of the City may be amended by changing the boundaries of districts
or by changing any other provision thereof whenever the public
necessity and convenience and the general welfare require such amend-
ment by following the procedure of this section.
a. An amendment may be initiated by:
(1) The verified petition of one or more owners of
property affected by the proposed amendment, which
petition shall be filed with the Planning Commission,
or by
(2) Resolution of Intention of the City Council,
or by
(3) Resolution of Intention by the Planning
Commission
Section 6. 2: The
City on incorporation
City is hereby adopted
City and the Mayor and
affix their signatures
ordinance.
County Zoning Map heretofore adopted by the
~.nd all amendments thereto by ordinance of the
and enacted as the official zoning map of the
Chairman of the Planning Commission shall
thereto as of the effective date of this
Section 6.3: An Amendment to the zoning ordinance which shall
change any property from one zone to another, or which shall impose
any of the following regulations (or which shall remove any of the
following regulations when they have theretofore been imposed):
a. Regulations concerning the use of buildings,
structures and land as between agriculture, industry,
business, residence and other purposes;
b. Regulations concerning location, height, bulk,
number of stories, and size of buildings and structures;
the sizes of yards, courts and other open spaces; the
percentage of a lot which may be occupied by a building or
structure;
c. Regulations establishing and maintaining building
setback lines along any street, highway, freeway, road, or
alley;
d. Regulations creating civic districts around civic
centers, public parks, and public buildings and grounds for
the purpose: of enabling the Planning Commission to review
all plans for buildings or structures within the district
prior to the issuance of a building permit in order to
assure an orderly development in the vicinity of such public
sites and buildings;
shall not be adopted before at least one public hearing on the pro-
posed amendment has been held before the Planning Commission of the
City and before at least one public hearing on the proposed amend-
ment has been held by the City Council.
Section 6.11-: Notice of the time and place of the public
hearings hereinabove provided shall be published at least once in
the Cupertino Courier, a newspaper of general circulation in the
City, at least ten (10) days before the first of said hearings.
Section 6.5: Any changes desired by the City Council in pro-
posed amendments, when said amendments originated in the Planning
Commission, shall be referred beck to the Planning Commission for
a report before final passage of the amendment so changed.
SECTION 7: SCHEDULE OF FEES
Section 7>l: The schedule of fees in connection herewith are
non-returnable and are as follows:
Rezoning $100.00
Use Pe rmi t 25 .00
Variance 25.00
Site Approval 15.00
SECTION 8: AMENDING CLAUSE
Section 8.1: In the case of any inconsistencies between the
Zoning Ordinance of Santa Clara County as adopted by Ordinance No.
002 of the City of Cupertino and this ordinance, the provisions of
this ordinance shall prevail.
SECTION 9: EXCEPTIONS
Section ~.1: There is excepted from the provisions of this
section any building, structure or use which is subject to the pro-
visions of the Subdivision Ordina~zce or Sign Ordinance of the City
of Cupertino.
Section 9.2: Lands used primarily for agricultural purposes
are exceptec rom the provisions ~~f this ordinance to the extent
that they are excepted from Ordin,~.nce No. 792 of the County of
Santa Clara Building Code.
SECTION 10: CONSTITUTIONALITY CL,~USE
Section 10.1: If any sectio:z, subsection, sentence, clause or
phrase of this ordinance is for a:Zy reason held by a Court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this ordinance. The City
Council of the City of Cupertino hereby declares that it would have
passed this ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective ~~f the fact that any one or more
sections, subsections, sentences, clauses or phrases be held invalid
or unconstitutional.
SECTION 11: PUBLISHING CLAUSE
Section 11.1: The City Clerk be and he is hereby authorized and
directed to cause copies of this ~crdinance to be published at least
once within fifteen (15) days after its adoption, in the Cupertino
Courier, the official newspaper of the City of Cupertino.
INTRODUCED at a regular meeting of the 12th day of September,
1960, and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 19th day oE' September, 1960, by the following
vote:
AYES: Councilmen: Benetti, ~Tewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
A BSENT: Councilmen: None
APPROVED:
ATT T: Mayor, ity of Cupertino
~~
~~ ~~
Ci ty Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 002(a)
(Revised) on file in my office and that the same has been published
pursuant to law.
IN Jc~ITNESS WHE F I hav hereunto set my hand and City Seal this
day o f `-~'cr~-`,`^~ , 196 -v "
cam-, mss:' -~ ~ ~ _ (~~.
City Clerk