A. Within forty-five days of receiving the NOI, the City shall issue to the applicant and to OPA a written determination that the proposed application is or is not consistent with the Cupertino general plan, and with the Santa Clara County hazardous waste management plan. Said determination shall be made following a public hearing before the Planning Commission and City Council, in accordance with the provisions of Section 9.20.280 of this chapter.
B. If the city determines that the application is inconsistent with either the Cupertino general plan or the Santa Clara County hazardous waste management plan, the applicant shall be advised in writing of the specific issue(s) of inconsistency. The applicant may elect to modify the application and refile the NOI with the Office of Permit Assistance, to withdraw the application, or to proceed with the application in its original form. Should the applicant elect to proceed with a project which is found to be inconsistent with the general plan, such determination may be used as the basis for denial of a City land use application at a subsequent hearing, even if said application is determined to be otherwise complete in accordance with the requirements of Sections 9.20.140-9.20.220 of this chapter.
(Ord. 1555, Part 4 § 2, 1991)