1. Applications for a development permit, shall be made in accord with the requirements of Chapter 19.12, and shall additionally contain the following:
   1. A description and map showing the location of the property for which the permit or variance is sought;
   2. If the application is for a development permit and/or a conditional use permit, plans and/or descriptions of existing and proposed uses of the property, proposed traffic-circulation system, topographical map of the site and the neighboring properties, landscape plan in accord with Chapter 14.18, Landscaping Ordinance, describing in detail the nature of the use proposal to be conducted on the property.

(Ord. 2085, § 2 (part), 2011)

In addition to all information required pursuant to Section 19.12.080, the following information shall be provided:

1. If the application is for a conditional use permit, plans and/or descriptions of existing and proposed uses of the property, and describing in detail the nature of the use proposal to be conducted on the property;
2. If the application is for a variance, plans and/or descriptions of existing and proposed construction on the property involved, together with a statement of the circumstances which justify the various applications.

(Ord. 2085, § 2 (part), 2011)

1. For development permits and variances, the Approval Body shall be as specified in Section 19.12.030.
2. For all conditional use permits subject to this chapter, the Approval Body shall be as specified in the chapter of this code that specifies the permitted, conditional and excluded uses for the zoning designation that applies to the property in question.

(Ord. 2085, § 2 (part), 2011)

1. The decision maker may grant a development permit for projects that are not a housing development project, or a conditional use permit, only if all of the following findings are made:
   1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
   2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino General Plan, any applicable specific plans, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).
2. The decision maker may grant a development permit for a housing development project only if all of the following findings are made:
   1. The proposed residential development and/or use will be located and conducted in a manner consistent with any applicable Government Code requirements, the Cupertino General Plan, any applicable specific plans, and underlying zoning regulations of the Municipal Code, and complies with the California Environmental Quality Act (CEQA).
   2. Notwithstanding subsection 19.156.040B(1), the Director of Community Development may deny a housing development project proposed under this Section with a written finding based upon a preponderance of evidence, that the proposed housing development project would have a specific adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

1. The Director may grant a variance from the site development regulations, the parking and loading regulations or the special requirements of this title applicable within any district, if the Director finds:
   1. There are special circumstances applicable to the property (including size, shape, topography, location or surroundings) that do not apply generally to property in the same district.
   2. The special circumstances applicable to the property deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
   3. The issuance of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning in which such property is situated.
   4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property.
   5. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title.
   6. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

(Ord. 2085, § 2 (part), 2011)

1. Any significant expansion in building size on site area of a planned development or any significant increase of a conditional use shall necessitate the issuance of a new planned development permit or conditional use permit for the expansion in accord with the provisions of this chapter.
2. Any modification to a previously approved planned development permit shall require an application for a modification to the original permit and shall be processed pursuant to the requirements of this chapter, unless the application is diverted for administrative approval, pursuant to Chapter 19.164.
3. No applications for a planned development permit or conditional use permit shall be necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or change to this title, provided that any expansion in the building site or site area of such use shall be subject to the issuance of a planned development permit or conditional use permit in accord with this chapter.

(Ord. 2085, § 2 (part), 2011)

1. A change from a conditional use or a permitted use to another permitted use requires a modification of the planned development permit, unless the proposed use does not change the general appearance of the project and does not change how the property interacts with neighboring properties.
2. A change from a permitted use or a conditionally permitted use to a different conditional use requires the issuance of separate conditional use permit.

(Ord. 2085, § 2 (part), 2011)