Ordinance 002ORDINANCE N0. 002
AN ORDINANCE OF THE CITY OF CUPF;RTINO, STATE OF CALIFORNIA,
IMPOSING REGULATIONS UPON THE EFZECTION OR CONSTRUCTION C~'
BUILDINGS, STRUCTURES AND IMPRO~~EMENTS AND UPON USES OF LAND
WITHIN THE CITY LIMITS, PENDING THE ADOPTION BY THE CITY
COUNCIL OF SAID CITY OF PRECISE ZONING PLANS FOR SAID CITY,
ANY OF THE PROVISIONS HEREOF, ATtD DECLARING THIS ORDINANCE TO
BE AN URGENCY MEASURE TO TAKE Ef~'FECT IMMEDIATELY.
The City Council of the City of Cupertino does ordain as
follows:
Section 1
The City of Cupertino of tYie County of Santa Clara, State of
California, having become incorX~orated on the 3rd day of October,
1955, the City Council of the C3.ty of Cupertino does hereby
find and determine that certain regulations hereinafter more
particularly described of an interim or emergency nature are
necessary at this time to protect the public interest, health,
comfort and convenience and to x~reserve the public peace, safety
and welfare pending the preparat;ion and adoption of precise
zoning regulations in and for tree City of Cupertino. The City
Council of the City of Cupertino further finds and determines
that, because of the territorial. extent of the City of Cupertino,
the necessity for making maps, careful studies and a thorough
analysis of facts in the preparation of precise zoning plans,
considerable time will necessarj.ly elapse before the adoption
of said precise zoning plans; treat by reason thereof, the City
Council of the City of Cupertino hereby adopts as an interim
of emergency measure those portions of the Zoning Ordinance
of the County of Santa Clara, State of California, under which
precise zoning regulations were adopted by said County of Santa
Clara as the same apply to the territory within the present
City Limits of the City of Cupez°tino.
Section 2
No person, firm or corporation shall hereafter, during the
effectiveness of this Ordinance, erect, constructor occupy any
building or structure or carry on or engage in any occupation or
use which is not permitted under the provisions of the applicable
portions of the Zoning Ordinance of the County of Santa Clara,
State of California, as the same apply to the territory presently
within the limits of the City of Cupertino unless and untill a
permit for such building, structure, occupation or use shall
first have been secured from the City Council of the City of
Cupertino. Application for any such permit shall be made to the
City Council of the City of Cupertino, and said City Council
shall consider, in detail, any such application within fifteen
(15) days after the filing thereof. Said City Council may
issue such permit of it finds tY:.at the proposed building and/m
structure and its occupation or such use will not be detrimental
to the character or development of the City of Cupertino and
will not otherwise adversely affect the welfare of said City of
Cupertino.
Section 3
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be punishable by a fine or not more than Three
Hundred Dollars ($300.00) or by imprisonment in the County Jail
of the County of Santa Clara for' a term not exceeding three (3)
months, or by both such fine and imprisonment. Such person, firm
or corporation shall be deemed to be guilty of a separate offense
for each and every day during any portion of which any violation
of this Ordinance is committed, continued or permitted by such
person, firm or corporation, and shall be punishable as herein
provided.
Any building or structure, set up, erected, constructed,
altered, enlarged, converted, moved or maintained contrary to the
provisions of this Ordinance and/or any use of any land, building
or premises conducted, operated or maintained contrary to the pro-
visions of this Ordinance shall be and the same is hereby declared
to be unlawful and a public nuisance and the City Attorney of the
City of Cupertino shall, upon order of the City Council, immed-
iately commence action or proceedings for the abatement and removal
and enjoinment thereof in the manner provided by law and shall
take such other steps and shall apply to such court or courts
as may have jurisdiction to grant such relief as will abate and
remove such buildings or structure and restrain and enjoin any
person, firm or corporation from setting up, erecting, building,
maintaining or using any such building or structure or using
any property contrary to the provisions of this Ordinance.
The remedies provided for herein shall be cumulative and
non exclusive.
Section ~-
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Cupertino hereby declares that it would
have passed this ordinance and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 5
This Ordinance is hereby declared to be an urgency measure,
and shall be in full force and effect immediately upon its ad-
option. The facts constituting such urgency are as follows:
The unregulated erection or construction of buildings or
structures, and the unregulated occupancy or use of such buildings
or structures within the limits of the City of Cupertino would
injure the public health, safety, peace, comfort and general wel-
fare of the City of Cupertino and the residents therein. The
City Council of the City of Cupertino believes that various per-
sons intend to erect or construct such buildings or structures
for such uses, to establish such businesses or uses within said
territory, and that said persons will do so unless prevented from
so doing by the immediate adoption of this Ordinance.
PASSED AND ADOPTED by the City Council of the City of Cupertino,
State of California, this 10th day of October, 1955, by the
following vote:
AYES: Councilmen: Lindenmeyer, Wilson, Saich, Meyerholz,
Nathanson
NOES: Councilmen: None
ABSENT: Councilmen: None
/s/ Ralph E. Lindenmeyer
Ralph E. Lindenmeyer, Acting Mayor
ATTEST:
/s/ Burrel Leonard
Burrel Leonard, Acting ity Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certi'y
that the foregoing instrument is a true and correct copy of
Ordinance No. 002 on file in my office and that the same has been
published pursuant to law.
IN ~TNESS WHE F I h ve hereunto set my .hand and City Seal this
~ ,. day o f , 196 ~ /
~~ ~ ~. ~
ity Clerk