Ordinance 964 . S~
ORDItiADJCE ,~0. 96y
AN ORDINAI•1CE OF THE CITY OF CUPERTIIJO PROVIDING
FOR SPECIAL REGULATIOtJS REGARDING USE PERMITS
FOR CERTAIt~ LANDS ANNEXED TO THE CITY OF CUPERTINO
AND DETACHED FROM THE CITY OF SAN JOSE EFFECTIVE
JULY 1, 1979, AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
WHEREAS, Municipal Reorganization proceedings
pursuant to the provisions of the Municipal Reorganization
Act of 1977, have been completed which entail, amonq other
~ things, the detachment from the City of San Jose of certain
• inhabited territory and the simultaneous annexation of said
territory to the City ot Cupertino.
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WHEREAS, said simultaneous actions became effective
on July l, 1979.
WHEREAS, some property owners in said newly annexed
area have been utilizing their property in a way which would
have been legal i.n the City of San Jose had said property
owners applied for, and received, use permits in the City of
San Jose but, as the sole result of said annexation, cannot
presently apply to the City of Cupertino for those same use
permits because of certain general plan constraints.
WHEREAS, said property owners will suffer an undue
hardship as a result of said new annexation in that they have
existing uses which must be abated unless the present
ordinance is adopted.
WHEREAS, it is in the City of Cupertino's best
interest to insure an orderly transition of land use regarding
said recently annexed land and to protect and preserve valuable
propezty rights.
t70W, :::E:tEFORE, TIiE C:1'Y ~OL'I~CIL OF THE CITY OF
CUPERTINO DOES ORDAZN AS FOLLOWS:
Section 1. Use Permit A lications: The owners ~
of land annexed to the City o Cupertino as a result of a
certain Municipal Reorganization involving a detachment of
that sar.~e land from the City of San Jose, effective on
July 1, 1979,sha11 be permitted to apply to the City of
Cupertino for any use permit allowed in the City of San Jose,
on the same basis as though the transfer had not occurred;
provided that all applications described above shall be filed
with the City of Cupertino on or before December 31, 1979.
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Section Urqency: This ordinance shall take
effect as an emergency measure, due to the sliort time limit
for application under this ordinance. In order to allow
property owners sufficient time to make application, it is
nereby found and declared that this urgency measure must take
effect immediately upon enactment and is a necessary protection
to the public peace, safety and welfare of the inhabitants
of the City of Cupertino.
INTR~DUCED AND ENACTED at a regular meeting of the
~ City Council of the City of Cupertino, this 20[h day of
November , 1979, by the following vote:
Vote: Members of the City Councils
AYES: Jacksoa, 0'Keefe, Rogera~ Sparka, Meyera
NOES: None
ABSENT: None
AHSTAIt7: None
ATTEST: APPROVED:
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City Cler , C ty of Cupert no Mayor, C ty of C rtino
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