CC Resolution No. 4128 RESOLUTION N0. 4128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF-CUPERTINO
ADOPTING AN INTERIM POLICY REGARDING THE ISSUING OF
BUILDING PERMITS FOR MINOR EXTERIOR MODIFICATIONS ON
~ CONDOMINIUM AND CLUSTER RESIDENTIAL DEVELOPMENTS WITH
ESTABLZSHED HOMEOWNERS ASSOCIATIONS
WHEREAS, the City of Cupertino recognizes that homeowner associations are
. responsible for the exterior maintenance of buildings within condominium and
cluster residential developments;. and
WHEREAS, homeowners associations may have an established process for reviewing .
architectural modifications within the projects covenents, conditions and re-
strictions; and
WHEREAS,. the action taken by the homeowners association or architectural committee.
thereof, regarding proposed exterior modifications may be in conflict with the desires
of an individual homeowner;
NOW, THEREFORE, BE IT RESOLVED that upon receiving a.request for a building permit
for a minor modification to the exterior of a condominium or cluster housing unit ~
in a development with an established homeowners association, the City staff will
direct said applicant to submit a letter of approval from the appropriate homeowners
association or architectural.board prior to issuance of a building permit. If the
applicant has not received any action from the homeowners association the Planning
Director will withhold issuing a building permit and direct the applicant to contact
and make application with the homeowners assiciation. If the applicant receives approval
from the homeowners association and if the Planning Director determines that the modifica
. tion is insignificant,.the building permit will be issued. If the homeowners association
does not act witfiin a~~30 day period from the date of notification of the filing for a
building permit, the Planning Director will evaluate the impact of the modificati.on and
~ after confirming the lack of action fro~ the homeowners association, will either issue
a building permit or ~dvise the applicant to apply for Architectural and Site~approval.
In any case, if the homeowners association opposes the proposed modification, the
staff will advise the homeowners association to submit written comments`within S~~days,
afterwhich the applicant will be required to sub~it for Architectural and Site Approval.
Building permits will not be issued until the City Council approves the request.
IT IS FURTHER RESOLVED that the intent of this policy is to insure a forum in which
the homeowners association and individual homeowner can debate the architectural merits
of a proposed modification and leave the authority~for ultimate Architectural and Build-
ing permit approval with the City of Cupertino so far as the enforcement of its ordinance
rules and regulations are concerned. ~
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
. this lst day of March , 1976, by the following vote:
~ Vote Members of the City Council
AYES: Frolich, Meyers, Nellis, Sparks, Jackson
NOES: None:-
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ James E. Jackson ~
City Clerk ~ Mayor, City of Cupertino