This chapter is enacted to provide for an orderly process to review the architectural and site designs of buildings, structures, signs, lighting, and landscaping for prescribed types of land development within the City in order to promote the goals and objectives contained in the General Plan, to protect and stabilize property values for the general welfare of the City, to maintain the character and integrity of neighborhoods by promoting high standards for development in harmony therewith, and by preventing the adverse effects associated with new construction by giving proper attention to the design, shape, color, materials, landscaping and other qualitative elements related to the design of developments and thereby creating a positive and memorable image of Cupertino.

(Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)

In its consideration of architectural and site applications, the Approval Body is limited to considering and rendering decisions solely upon the issues in its charge and is precluded from considering or rendering decisions regarding other planning, zoning, or subdivision issues with respect to the subject property unless said application is combined with the appropriate application or applications which address those additional issues.

(Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)

1. The Approval Body may approve an application only if all of the following findings are made:
   1. The proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria:
      1. Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings.
      2. In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill- over light to adjoining property owners.
      3. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development.
      4. With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.
2. For housing developments eligible for by-right approval as defined by Govt. Code section 65583.2(i), low-barrier navigation centers and supportive housing projects with up to 50 units, the following findings must be made:
   1. The project is consistent with any applicable Government Code requirements, the Cupertino General Plan, any applicable specific plans, all objective Municipal Code requirements, and objective design standards.
   2. Notwithstanding subsection 19.168.030B(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, 2024)