Ordinance 1541
~iCE No. 1541
AN dRDINANCE OF 'III CITY COIRICIL OF '11~ C,PPY OF Cr)PF~'IIJO
Pf~OVID~iG FUR A PROCEIxJRE FOR 'III GRANTING OF TII~tAR1f
Ot~II~L USE PFTd3ITS AND DEQARING ~ iJi~ ~OF
Rise City Caurrcil of the City of Cupertino does ordain as follows:
~~+~TM+ ~ - Conditional F+~+rndt for 2~tarY Uses
Rl~e Director of Ocamunity Development may grant a conditional use
permit authorizing the use of a site in any zaiirx3 district far a
tempnzazy use as provided in this ordinance.
Section 2 Conditions to Issuance
A oo¢xlitional use permit under the provision of this ordittanoe is
subject to the following oonditi~s aril prwisicns:
A) Application for a ooaditional use permit under this ordinance
shall be made to the Director of Cominmity Development and shall be
subject to the fee prescribed by City Council.
B) ~e permit may be granted by the Director without the requir+mient
of a public hearing ar notice as required for'the granting of other
conditional use permits.
C) Rhe permit may include authorization to vary from the specific
*~egtti*~+p*+*A and regulations of zoning ordinances as may be solely related
to the requested temporary use.
D) A conditional use permit far a temporaLy use, if granted by the
Director, shall be valid for a specifically stated time period not to
exceed six months. No extensions of time for such a permit shall be
granted.
E) Zhe Director may ir~ose suds reasonable cotditia~s ar restrictions
as he deems neoessaLy to secure the purpose of this ardinarx~e, and the
general plan, and to assure operation of the use in a manner oomgatible
with existing and potential uses on adjoining properties and in the
general vicinity.
Section 3. Rernsired Firdirae
A oarrliticnal use pezmit far a t~amgozary use may bs granted by the
Dire<.-kar, if, from the application ar the facts presented to him, he makes
the following written findings:
A) The granting of the application will not be detrimental ar
injurious to prmperty ar irts in the vicinity, and will not be
detri:ental to the Public, health, safety general welfare, ar
ocnvenienoes; arri
B) The prq~osed use will be located and oanciucted in a manner in
accord with the Ci.= ?rti7lo General Plan and the purposes of Npertino
zonirq ordinaries.
Upon iasuanoe of a oondi,tia~sal use permit under the provisicna of this
ordinance, the Director shall provide his written findings to the
applicant, and any other person requesting a dopy. the Director shall
also immediately forward his written finding to the Planning Ooosoissicn
and City Ootuiil as an informational item.
Section 4. Review of the Directors Action
Any Person may appeal to the Planning C~csanissicnr any decision of ths
Director to grant ar deny a conditional use permit under this ordinance by
filing a written notion of appeal with the City Clerk within the brae
limits specified for other appeals. Any action oP the Planning Commission
under this ordinance may also be appealed to the City Cauiil pursuant to
prooedur~es far other appeals.
Section 5. Interim Ordinaries - Urug~y
Thin interim ordinance is adopted under the authority of Section 65858
of the California Government Axle as an urgency measure to parotec,~t the
public safety, health, and welfare. This ordinance shall take effect
immediately upon adoption and shall have no Rather foroe and effect
forty-five (45) days thereafter unless extenled pursuant to the procedures
described in Goverment Oode Section 65858 (a). The Oouncil hereby finds
that there is a arrr+ent aril inm:ediate threat to the public health, safety,
and welfare because the City currently has no mec3ranis~m to provide
i2tIInediate tertq~orary approval far ®ezgency ar necessary housi~ uses on
Property upon which said uses are not permitted uses. Currently, there is
at least ono application pending for an eanergency tmtgarary horsing use
which would not be allaaed in the City without issuarie o! a traditional
use permit. said process could talcs several weeks ar months before such a
use world ba approved. Meanwhile, the horsing needs o! persons within the
City would remain unmet.
section 6. Publications
4he City Clerk shall cause this ordinance to be published at least
once in a newspaper of general cira~lation published and circulated in the
City within fifteen (15) days after its passage, in aooordarr~e with
Section 36933 of the C+overnment Collet shall aertipy to the adoption oP
this ordinance and shall cause this ordinance and her certification, with
pivot of publication, to be entered in the gook of Otdinanoes oP the
Council of this City.
IZ~ZODIJCF D AND EI~CPED at a regular meeting of the City Council of the
City oP Cupaitino this 8th day of November, 1990, by the following vote:
Vot lr'a of the City C1~u~ct i
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOFS: None
ABSfrlP: None
ASSAIZI: None
Ci C1 Gy~ ^ .
Mayor, City of o