Ordinance 1288oRD I Nr~NCE rao. 1 zeo
~ AN ORDINAWCE OF THE CITY QF CUF'ERTINU RELATING TU THE
AF'PLICATIOM OF IMTERIPI ZONINt REGULATIONS Ihl
' GENERAL COMMERCIAL (CG> ZUNFS. AND DECLARING
• THE URGENCY THEP.EOF, AND TAKING EFFECT
It1MEDIATELY
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
SECTIDN _1_ _Findings. The City Council of the City of
Cupertino does hereby find that:
Within the General Commercial (CG> zone, certain land
uses are permitted without public hearings and thus,
public review. These uses have, in the past, created
impacts on the neighborhoods adjacent thereto.
The Planning Commission is engaged in a review of the
General Commercial zone in order to define and provide
appropriate regulations of the aforementioned land uses.
Inasmuch as applications for building permits .are still
being processed to allow these uses, it is appropriate
that interim zoning regulations be .adopted that will
allow immediate control by virtue of the use permit
process.
The general commercial zoned areas herein 6einq placed
under interim zoning regulations are mare particularly
described in E:: hi bit "A" aktached hereto and made a part
hereof as fully as if set forth at length herein.
The City Council of the City of Cupertino finds that in
order to properly regulate the herein defined land uses,
it is in ttie best interest of the public health, safety
and welfare to impose interim zoning restrictions on
these uses during the period 04 study so as to
adequately complete said study, analyze the results
thereof, and to put into effect the conclusions of such
study.
SECTION ~_ Regulations. Interim regulations applied to the
areas described in Seckion 1 herein shall be as follows:
hio person, firm or corporation shall, during. the
effective period of this Ordinance develop, or construct
any buildings specifically desiyned for or change the
use of any building to any of the. uses listed below
without fir~.t obkaining a use permit a*s provided by
Ordinance No. 652.
a. Restaurants
b. Bars (drinking establishments?
c. Convenience Stores '
d. Establishments selling alcoholic beverages
e. Any establishment remaining open between 12
midnight and b a.m.
SECTIOW_' _`r?1_itiity. If any section. ~bs~ctlon, serntence,
.clause or f~hra~e of this Urdinance is fnr any rea=_on held by a
court of competent ,jurisdiction to be invalid, such decision
:hall not affoct the validity of the remaining portions of this
' Urdinance. 1"he City Council of the City of Cupertino does hereby
•declare that it would have passed this Ordinance and each
>ection, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections,
sc.ibsections, sentences, clauses or phrases be declared invalid.
SEGTIO~d_4__ Urgency. The existingconing regulations in the
areas described in Exhibit "A" of this Ordinance do not
adequately control specific land uses as described above, khese
land uses, among others, are currently being studied by the
Planning Commission as a part of a review of the General
Commercial zone. Therefore, this Ordinance is declared an
urgency measure and shall be in full force and effect upon its
enactment.
SECTION_5___Effe~tiv_~_Dake: This Urgency Ordinance shall be
Effective for a period of forty-five (451 days commencing
September 17, 19fl4 and shall terminake on 1•lovember 1. 1984.
LN"fRUDUCED AND EPJACTED at a regular meeting of the City
Council of the City of Cupertino on this 17th day of September,
1984, by the following vote:
Vote Members of _the_City_C~ouncil
AYES: Gatto, Plungy, Rogers, Sperke, Johnson
WOES: None
AHSEPIT; None
AE+STAIN: None
ATTEST'
__ ~~a~~,
L'it Clerk