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Ordinance 668 ORDINANCE NO. 668 AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING ORDINANCE NO. 002(v) AND ADDING THE CLASSIFICATION "PARK AND RECREATION ZONE" (PR) TO ORDINANCE 002 THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: REPEALING CLAUSE Section 1.1: Ordinance 002(v) is hereby repealed as of the effective date of this Ordinance. SECTION 2 : AMENDMENT Section 2.1: Ordinance 002 is hereby amended by the addition of the zoning classification entitled "Park and Recreation". SECTION 3: PURPOSE Section 3.1: The purpose of the Park and Recreation zone is to regulate the land uses and recreational activity permitted within the publicly owned parks of Cupertino. The intent is to insure the safety and enjoyment of the persons utilizing the park facilities as well as protect the rights of the adjoining property owners. Section 3.2: This Ordinance is intended to serve as a supplement to Ordinance 531 regulating the use of park facilities, and shall not invalidate the provisions of Ordinance 531. SECTION 4: DEFINITIONS 1. Caretaker means a person or persons whose duty it is to maintain surveilance of the park area during and after the hours of park operation. 2. Mobile Home means a vehicle, other than a motor vehicle, designed or used as semi-permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. 3. Park means a park, reservation, playground, swimming pool , recreation center, or any other area in the City, owned or used by the City or County and devoted to active or passive recreations. SECTION 5 : PERMITTED USES Section 5.1: The following uses shall be permitted within the PR zone: 1. Parks, playgrounds , and recreation facilities, as regulated in Ordinance 531. 2. Agricultural uses such as crop and tree farming, and the keeping of domestic barnyard animals. (1-91) -1- 3. Single-family residence for the purpose of housing a caretaker for the park. The residence may take the form of a mobile home as well as a permanent residential structure. 4. Accessory buildings and accessory uses for the purposes of administering park activities , housing animals , storing materials , or providing shelter. 5. Parking facilities as necessary for park usage. Section 5.2 : Other uses which, in the opinion of the City Council are consistent with the character and intent of the PR zone. SECTION 6 : PROCEDURE FOR THE ADOPTION OF A PARK MASTER PLAN Section 6.1: The Parks and Recreation Department shall submit develop- ment plans for the proposed park to the Parks and Recreation Commission for a public hearing. Section 6.2: Prior to the final recommendation to the City Council, the proposed plans shall be submitted to the Planning Commission for recommendation - to include the environmental impact assessment of the plans and a finding that the proposed plans are consistent with the general plan. Section 6.3: The findings of the Planning Commission shall then be for- warded to the Parks and Recreation Commission for presentation to the City Council for final approval. SECTION 7: SEVERABILITY CLAUSE Section 7.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reasons held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 8: PUBLISHING CLAUSE Section 8.1: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be published 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 of Cupertino. (1-92) -2- INTRODUCED at a regular meeting of the City Council on the 3rd day of February , 1975, and ENACTED at a regular meeting of the City Council of the City of Cupertino on the 19th day of February , 1975, by the following vote: Vote Members of the City Council AYES Meyers, Nellis , Jackson NOES None ABSENT : Frolich, Sparks ABSTAIN: None APPROVED: /s/ James E. Jackson Mayor, City of Cupertino • Pro Tempore ATTEST: /s/ Wm. E. Ryder City Clerk (1-93) -3-