Ordinance 002(v)ORD'INAr1CE NO . 002 (v )
AN ORDINANCE OF THE CITY OF CUPERTINO ADOFTING
OF SECTION 26 OF THE SANTA CLAFA COUNTY ZONING
BEING REGULATIONS FOR PUBLIC PARK AND PLAYGROU:
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF' THE CITY OP CUPERTINO DOES
SECTION 1: Amendment
SECTION 15 AND PORTIONS
ORDINANCE N0. NS1200
VDS DISTRICT ("R-E:B-~"),
ORDAIN AS FOLL04JS
Section 1: 1: Section 15 and. Section 26, "District B-~F" thereof
(1 acre , of Ordinance No. NS1200 of_ the County of Santa Clara in effect
as of the date of incorporation of the C:Lty of Cupertino to wit, October
10, 1955, is hereby enacted as an amendment to Ordinance No. 002 of the
City of Cupertino, save and except as hereinafter modified.
Section 1:2: No property within the City hereafter zoned "R-E:B-4"
shall used for nor shall a building permit be issued for any but the
following uses:
a. One family dwellings - 1 acre lot size.
b. Public parks and playgrounds.
c. Crop and tree farming and truck gardening.
d. Any agricultural use which is appurtenant to and
accessory to any domestic establishment i~-: the
district.
e. Accessory buildings and accessory uses, including ser-
vants' quarters and non-commercial guest houses.
Section 1: 3: Front, side and rear yards, and height limitations
shall be the same as specified in Ordinance No. 220 ("R-1") of the City.
SECTION 2: Urgency Clause
Section 2: 1: The basic provisions of this ordinance were duly
enacted as a part of the 6~Eth zoning unit of the County of Santa Clara
as Zoning Ordinance No. NS1200, At the time of the formation of the
City of Cupertino, the ei~ty enacted Ordinance No. 002 as an urgency
ordinance which ordinance adopted the p~~ovisions of Ordinance No.
NS1200 as applicable to the territory within the City, at which time
there was no "R-E:B-~" zoning within the city limits.
There are now pending certain proposals for park site zoning
within the city giving immediate need for such a classification pending
the enactment of the permanent zoning ordinance which has been hereto-
fore authorized by the City Council, and at present is being prepared.
The Council finds that these particular provisions are in the best
interests of the city and require immediate interim passage which cannot
await the enactment of the permanent zoning ordinance; Council further
finds that there are certain areas within the city which if zoned for
any other than "R-E:B-4" use would be in contravention of the proposed
permanent zoning ordinance.
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SECTION 3: Conflicting Clause
Section 3:1: All ordinances hE:retofore enacted in conflict with
this ordinance are hereby repealed ~:o t::e ex~t,ent that they would vary
the provisions of this ordinance.
SECTION ~-: Severability Clause
Section 4:1: If any section, ~~u?_ aection., sentence, clause or
phrase of this a~ina.nce is for any reason held co be unconstitutional,
such decision shall not affect the v~.lidity of the remaining portions
of this ordinance. The l.egislai;-i_ve body hereby declares tria.t it would
have passed this ordin~~nce and eac~A section, subsection, sentence,
clause or phrase thereof, irrespective cf the fact tY~at any one or more
sections, subsections, sentences, caauses or phrases be declared uncon-
stitutional.
SECTION 5: Publishing Clause
Section 5=1: The City Clerk is hereby authorized and directed to
cause a certified copy of this ordinance to be p~iblished at least once
within fifteen (15) days after its enactment in the Cupertino Courier,
the official newspaper of the city, published and circulated within the
city.
INTRODUCED AND ENACTED at a regular meeting of the City Council of
the City of Cupertino, this 10th day of March, 196+, by 'cha following
vote:
AYES: Councilmen: Benetti, Detnpste-r, Pinch, Saich, Jewett
NOES: Councilmen: None
ABSENT: Councilmen: None
Mayor, City o. per~cino
ATTEST:
City Clerk r
I hereby certify that this is
an exact copy of original ordinance
on file in the office of the City
Clerk of the City of Cupertino, anc~.
that Ordinance No. 002(v) has been
published pursuant to law.
City Clerk _ 2 `