Ordinance 002(f)ORDINANCE N0. 002 (f )
AN ORDINANCE OF THE CITY OF CUPERI'INO, STATE OF CALIFORNIA,
AMENDING ORDINANCE N0. 002(a), REDEFINING PROCEDURES FOR ARCH-
ITECTURAL APPROVALS, CREATING A CITY ARCHITECTURAL REVIEW
BOARD APPROVAL COMMITTEE, PROVIDI:[~G FOR THE APPOINTMENT OF
MEMBERS THEREOF AND DEFINING THE POWERS AND DUTIES OF SAID
COMMITTEE.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION l: AMENDMENT AND PURPOSE
Section l: l: Ordinance No. 002(a) is hereby amended by
the enactment of the following sectionss
Section 1: 2: The intent of ~.rchitectural approval is to
secure the general purposes of this ordinance and to maintain the
character and integrity of the neighborhood by promoting excel-
lence of development, and encouraging the most appropriate
development to be in harmony with the neighborhood.
SECTION 2: ESTABLISHMENT OF ARCHITECTURAL AND SITE APPROVAL
COMMITTEE
Section 2:1: An Architectural Review Board Committee
is hereby established. The Committee shall consist of five (5)
members to be appointed by the Mayor with the approval of the
City Council as follows:
a. Two members to be appointed from the membership of
the City Council;
b. Three members to be appointed from the membership of
the Planning Commission;
c. The City Manager and the Chief Building Official will
serve as ex-officio members.
All members will serve without compensation at the pleasure
of the City Council or until such time as their successor shall be
appointed.
SECTION 3: FILING OF APPLICATIONS
Section 3: 1: Applications for architectural approval shall
be filed with~'Yie Building Department. The Building Department
shall prescribe the form of application and data to be filed with
the application. A site development plan together with building
elevations shall be required to accompany .the application. Tf
development is to be carried out in stakes, each stage shall be
shown on a master plan of development.
SECTION ~-: FEES
Section ~-:1: For the purpose of partially defraying the
expense involved in connection with an application for architec-
tural approval, a filing fee of $15.00 shall accompany the appli-
cation. No fee shall be required if the approval is rewired by a
condition of a use permit or a variance permit.
SECTION 5: REVIEW OF APPLICATION BY COMMITTEE
Section 5:1: The Architectural Review Board Committee shall
review all applications for architectural design for approval as
required by this Ordinance cr by a condition of a use permit or a
variance permit. The Committee shall make report and recommend
on each application to the City Council.
SECTION 6; DELEGATION TO COMMITTEE
Section 6:1: Until such time as the Architectural Review
Board has adop ed uniform standards for the issuance of architectur-
al approval, the Committee may, by concurrence of three members of
the Committee, decide a matter.
SECTION 7: HEARING AND NOTICE
Section 7:1: A pplications for architectural and site ap-
proval may be heard without the notice required by other provi-
sions of this Ordinance. The applicant shall have the right to
appear and be heard before the Committee. The Building Department
shall arrange and notify the applicant the time and place of meeting
between the applicant and the Committee.
SECTION 8: CONSIDERATIONS IN REVIEW OF APPLICATIONS
Section 8:1: The A rchitectural Review Board may consider the
following ma ters in their review of applications:
a. Considerations relating to site layout:
(1) The orientation and location of buildings
and open spaces in relation to the physical
characteristics of the site, the character of
the neighborhood, the appearance and harmony
of the buildings with a~3jacent development.
b. Considerations relating to landscaping:
(1) The location, height, and materials of
walls, fences, hedges, ~~.nd screen plantings
to insure harmony with ,s,dhacent development
or to conceal storage areas, utility installa-
tions or other unsightly development. The
planting of ground cover or other surfacing to
prevent dust and erosio:a. The unnecessary de-
struction of existing h~alty trees.
SECTION 9: CONDITIONS
Section g:l: The A rchitectu:ral Review Board shall hear and
decide all applications for architectural approval. The grant
of architectural approval by the committee may include such con-
ditions as the Committee deems re~~.sonable and necessary under
the circumstances to carry out the intent of architectural approval.
SECTION 10: FINDINGS AND DECISION
Section 10:1: Upon a finding by the Architectural Review
Board that the application subject to conditions imposed will be a
development which (a) will secure the general purposes of this
Ordinance, and (b) will maintain the character and integrity of
the neighborhood, the Committee s::zall grant architectural approval
subject to such conditions as it finds to be necessary, otherwise,
it shall deny the approval.
SECTION 11: NOTIFICATION OF APPR~JVAL:
Section 11:1: Upon the grant of architectural approval,
the City Clerk of the City shall .prepare and deliver to the appli-
cant a formal statement thereof stating the fact of the grant and
any conditions attached thereto.
SECTION 12: TIME LIMITATIONS ON _~PPROVAL
Section 12:1: If any development for which architectural ap-
proval has been granted is not established within one year from the
date of notification of approval, the approval shall be deemed
automatically revoked. Upon application, an extension of time may
be granted by the City Council.
SECTION 13: TRANSFER OF APPROVAL UPON CHANGE IN USE
Section 13:1: Architectural approval shall be deemed revoked
if the use for which the approval is granted is changed unless,
upon application to the Architectural Review Board, the approval
is transferred. The Committee shall transfer the approval to the
new use if it finds that the previous approval meets the require-
ments of this section for the changed use. If the Committee does
not reissue the approval, a new application must be filed.
SECTION 1~+: CONFORMANCE TO APPROVAL
Section l~:l: Development for which architectural approval
has been granted shall conform to the approval and any conditions
attached thereto.
SECTION 15: MODIFICATION
Section 15:1: Upon request of the applicant, modifications
in the approved plan may be made by the Council if it finds that
the modification will meet the requirements of this Section.
SECTION 16: A PPEALS
Section 16:1: Any determination hereunder may be appealed
to the City Council under the provisions of Ordinance No. 002 (a).
SECTION 17: AMENDING CLAUSE
Secti~on 1 1: In the case of any inconsistencies between
Ordinance No. 002(a) of the City and this ordinance, the provisions
of this ordinance shall prevail.
SECTION 18: CONSTITUTIONALITY CLAUSE
Section 18:1: If any section, subsection, sentence, clause
or phrase of this ordinance is for any 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 of the fact that any one or more
sections, subsections, sentences, clauses or phrases be held in-
valid or unconstitutional.
SECTION 19: PUBLISHING CLAUSE
Section 19:1: The City Clerk be and he is hereby authorized
and directed to cause copies of this ordinance to be published at
least once within fifteen (15) days after its adoption, in the Cup-
ertino Courier, the official newspaper of the City of Cupertino.
INTRODUCED at a regular meeting on the 21st day of February, 1961, and
ENA CTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of March, 1961, by the following vote:
AYES: Benetti, Jewett, Lazaneo, Saich
NOES: None
ABSENT: Pelosi
NEST: / ~--
~~~ t ~ . (9~.~
A PPROVED:
Mayor, City of Cupertino
ity 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(f)
on file in my office and that the same has been published pursuant
to law.
IN WITNESS WHER inOF I /,have hereunto
~_ day o f ~~~ ,
set my hand and City Seal this
19.6 -v
a~-~-i ~ . ~Q.J~~
City Clerk