Ordinance 1634Ordinance No. 1634 •
AN ORDINANCE OF THE CITY OF CUPERTINO ADOPTING AN ORDINANCE TO AMEND
CFIAPTER 19.40, RESIDENTIAL HILLSIDE ZONES (RHS), OF THE CUPERTINO MUNICIPAL
CODE, AND DECLARING THE URGENCY THEREOF ,AND TAKING EFFECT IMMEDIATELY.
'Ilrc City Council of the City of Cupertino does hcn:by ordain that Chapters 19.40, of the Cupertino Municipal
Code arc amended to read as follows:
RESIDENTIAL HILLSIDE ZONES (RHS)
Sections:
19.40.010 Purpose
19,40.020 Applicability of Regulations
19,40.030 Permitted Uses
19.40.040 Conditional Uses
19,40.050 Site Development Regulations
19.40.060 Building Coverage, Setbacks, and Height Restrictions
19.40.070 Design Standards
19.40.080 Fencing
19.40.090 Permitted Yard Encroachment
19,40.100 Geologic and Soil Reports Procedure
19.40.110 Private Roads and Driveways
19.40.120 Solar Design
19.40.130 Interpretation of Planning Director
19.40.140 E:ceptions
19.40.150 Severability Clause
19.40.010 Purpose:
The purpose of the RHS Zoning District is to regulate development commensurate with carttmunity goals, as
described in the General Plan, to preserve the natural setting in the hillsides. This Chapter utilises performance
standards and specific regulations to ensure that the utilization of land for residential uses is balanced with the need
to conserve natural resources and protect life and property from natural hazards. Specifically, this Chapter is
intended to accomplish the following objectives:
A. Enhance the identity of residential neighborhoods.
B. Ensure the provision of light and air to individual residential parcels.
C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods.
D. Maintain spatial relationship between structures and within neighborhood.
E. Reinforce the predominately low intensity setting of the community.
F. Maintain a balance behvcen residential dcvelopmart and preservation of the natural hillside setting.
G. Promote compatibility of colors and materials of structures and the surrounding natural setting.
Ordinance No. 1634 • •
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19.40.020 Applicability of Regulations:
No building or structure or land shall be used, and no building or swcture shall be hereafter erected, structurally
altered or enlarged in a residential hillside (RHS) zone, otherwise then in conformance with the provisions of this
Chapter and other applicable provisions of this Title.
19.40.030 Permitted Uses:
The following uses shall be permitted in an RHS zoning district:
A. Single family dwelling units with not more than one (1) dwelling unit per lot.
B. A second dwelling unit which confomrs to the procedure, standards, and requirements of Chapter 19.84.
C. Home occupations wfiich conform to the procedure, standards, and requirements of Chapter 19.92.
D. Accessory buildings which conform to the procedures, standards, and requirements of Chapter 14.80.
E. Day care home, family-small.
F. Group care activities.
G. The keeping of animals as follows:
1) Household pets limited to one animal per 3,000 square fat of lot area.
2) Adult dogs are limited to a marrimum of two (2).
3) Small household pets.
4) Large animals, such as horses, cows, shcep, and goats, limited as follows:
a) One large animal for the first 40,000 square fat of land area, except mules and donkeys which require
80,000 square feet for the first animal.
b) One additional large animal for each 20,000 square feet of land area.
5) The requirtxl lot area for a large animal shall not be included in the required lot arcs for a household pet or
vice versa, except that a maximum of twb (2) household pets may be kept with large animals.
6) All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes
and ordinances.
'n No animals kept and maintained in an RHS zoning district may be raised for commercial purposes.
19.40.040 Conditional Uses:
The following uses may be conditionally allowed in the ItF1S Zoning District subject to the issuance of a conditional
use permit:
A. Issued by the Dinxtof of Community Development:
1) Temporary uses subject to regulations established by Chapter 19.128.
2) Day care home, family-large.
3) The kceping of any animal not otherwise permitted in Section 19.40.030(G).
4) Home occupations that require a conditional use permit pursuant to Chapter 19.92.
5) Buildings or structures which incorporate solar design features that require variations from setbacks upon a
determination by the Director that said design feature or features will not result in privacy impacts,
shadowing, or intensive noise, order, or other adverse impacts to the surrounding area.
6) Second dwelling units which require a conditional use permit pursuant to Chapter 19.84.
7) Crop, tree or horticultural farming for commercial purposes.
Ordinance No. 1634 • •
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K) Sale of products gro«n or produced on the property, including, but not limited to, agricultural products,
honey, milk, eggs, etc., to the extent this use does not become the primary income producing activity of the
household.
B. Issued by the Planning Commission:
l) Limited commercial recreation uses, such as riding clubs and related stables and trails, golf courses,
swimming and picnic grounds.
2) Other uses which in the opinion of the Planning Commission are wnsistent with the character of the hillside
zones and arc of the same general character as the use described in Section 19.40.030 and 19.40.040 of this
Chapter.
19.40.050 Site Development Regulations:
~! The following guidelines are a cmnpilation of policies described in the General Plan and are intended to govern the
preparation of development plans in RHS zones: All provisions of this section, except subsections A, B, and C,
may be deviated from upon an exception granted by the Planning Commission in accordance with Section
19.40.140.
A. Dwelling Unit Density:
I) The residential density for development within an RHS zoning district shall be determined by the General
Plan based upon slope density standards described therein.
2) Upon recordation of a subdivision map or parcel map in an RHS zoning district, density credits derived
from application of a slope density fonnula to a lot or group of lots may not be transferred to properly
outside the subdivision or parcel map boundary.
B. Parcel Consolidation:
Development on any parcel less than 5 acres in size in the 5-20 slope density designation shall not occur if it is
vacant and held in common ownership, on or after June 2, 1993, with an adjacent parcel unless the property
owner consolidates the parcels. If feasible, the property owner may resubdivide the resulting parcel into lots
which conform to the 5-20 acre slope density designation.
C. Lot Area:
I) The minimum lot ara for a specific property shall correspond to the smallest lot size permitted by the
density provisions of the Land use element of the General Plan.
2) In the event that a property is designated by the General Plan for application of slope density regulations,
the minimum lot size shall be the average lot area computation fora 0% slope gradient. (The 0% slope
gradient for the slope density formulae is contained within appendix E of the General Pian.)
3) In slope density compilations, the average lot arcs is the gross lot area. Accordingly, the minimum lot area
measurement may include the street area bounded by the street center line, the street right-of--way line, and
the extended side yard to the street center line.
D. Lot Width Minimum:
The minimum lot width in an RHS zoning district is seventy (70) feet measured at the front setback line;
provided, however, that there is no minimum lot width for lots served by a private driveway and which do not
adjoin a public street.
Ordinance No. 1634 • •
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E. Development on Substandard Lots:
No structures or improvements proposed on existing, vacant legal lots in the Foothill Modified and Foothill
Modified 1/2 Acrc slope density designations of the General Plan which are substandard in size, shall occur
unless an exception is granted.
F. Lots Adjoining Public Open Spaces:
For lots adjacent to public open space preserves or parks, the driveway arul building shall be located in a
manner to be set as far as feasible from the preserve or park and designed in a manner to minimize impacts on
the preserve or park.
G. Site Grading:
1) All sift grading shall be limited to 2500 cubic yards. The 2500 cubic yards includes building pad, yard
areas, driveway and all other areas requiring grading. The graded area shall be limited to the building pad
area to the greatest extent possible. A maximum of 1,000 sq. ft. of fiat yard area may be graded. All cut
and fill areas shag be rounded to follow the natural wntours and planted with landscaping which meets the
requirements in Section 19.40.050 (li).
2) A licensed landscape azchitect shall review grading plans and, in consultation with the applicant and the
City Engineer, shall submit a plan to prevent soil erosion and to screen out and fill slopes.
H. Landscaping:
1) A licensed landscape architect shall prepare a tree planting plan for the site which will screen grading
areas, and residential structure, to the gratest possible extent, as well as to reintroduce trces on barren
slopes which were denuded by prior agricultural activities.
2) Landscape improvement shall meet the requirements as established in the Xeriscape Landscaping
Ordinance, Chapter l4. l5 of the Cupertino Municipal Code.
3) Landscaping improvements shall be installed prior to occupancy unless such installation is impracticable in
which case, the applicant shall post a bond, cash, or other security to insure installation within an 18-month
period from occupancy. All such landscape areas shall be properly maintained.
4) No specimen sized trees may be removed without a permit as provided for in Heritage and Specimen Tree
Ordinance, Chapter 14.18 of the Cupertino Municipal Codc. Native trees should be integrated into the site
design to the greatest extent possible.
I. Water Course Protection:
I) Any water worse identified on Figure 6-1 of the Cupertino General Plan and its existing riparian vegetation
must be shown on all developmert plans.
2) All new development, including sWctures, grading and clearing, must be set back at (east 50 feet on lots
which are less than I acre in size and 100 fcet on lots which are greater than t acre. The setback shall be
measured from the top of bank of said water courses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured from the drip line perimeter.
Ordinance No. 1634 • •
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!. Development Near Prominent Ridgclincs:
l) The development of new, independent structures shall not disrupt a 1 S% site line from a prominent ridge as
identified in Appendix A. The l5% site line shall be measured from the top of ridge at the closest point
from the structure.
2) Additions to legally existing homes located within the l5% site line of a prominamt ridgeline may not
further encroach into the site line; e.g., the addition may not add height or bulk which may increase the
disruption to the 15% ridgcline site line.
3) Should these requirements become impractical, alternatives will be considered through the exception
process.
K. Development on Slopes of 30% or Greater:
1. Site plans for all development proposals shall include topographical information at contour intervals not to
excsed !0 feet and a horizontal map scale of one inch equals 200 feet or larger. Areas where slopes exca~d
30% shall be identifies on the site development plan.
2) No structure or improvements shall occur on slopes greater than 30% unless an exception is granted or
unless no more than 500 square feet of development, including grading and structures, occurs on an area
with a slope greater than 30%.
L. Trail Linkages:
1) Among other items required to be identified on the site plan, the site plan shall identify trail linkages as
shown in the General Plan Trail Plan, on and adjacent to the site.
2) [f a trail linkage, as shown in the General Plan Trail Plan, is identified across a property being developed,
no development shall take place within that area except if approval through the exception process.
M. Views and Ptivacy:
[t is not the responsibility of City Government to ensure the privacy protection of the building pemmit applicant
or o~vncrs of surrounding properties that may be affected by the structure under construction. However, the
Director of Community Development may confer with the building permit applicant to discuss alternate means
of preventing privacy intrusion and preserving vieag.
19.40.060 Building Coverage, Setbacks, and Height Restrictions:
All provisions of this station may be deviated from upon an exception granted by the Planning Commission in
accordance with Section !9.40.140.
A. Building Cm~crage:
The maximum building/structurc coverage is thirty percent (30%) of the net lot area up to a maximum of 6500
square feet of building area.
B. Floor Area Ratio:
The maximum floor arcs ratio is forty-five percent (45%) of the net lot area up to a maximum of 6500 square
fiat of building area.
Ordinance No. 1634 ~ •
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C. Setbacks -First Floor:
1) Front yard:
The minimum front yard setback is twenty feet (20 feet), except that if the grade exceeds twenty percent
(20%) within the first twenty feet from the street elevation, the minimum front yard setback may be ten (10)
feet. The driveway and garage must be designed to enable vehicles to pazk off-street.
2) Side yard:
The minimum side yard setback is ten (10) feet provided that a minimum of fiflcen (IS) feet shall be
provided on the street side of a corner lot.
3) Rear yard:
The minimum rear yard setback shall be twenty (20) fcet.
D. Setbacks -Second Floor.
1) Front/Rcar.
a) Downhill elevation: The second story downhill elevation shall have a 10 foot minimum offset
measured from the first story downhill facing wall plane.
b) Uphill elevations: The second story uphill elevations shall Have a minimum setback of 25 feet
measured from property line.
2) Sides: The minimum side yard setbacks shall be 15' measured from property line.
3) A second story offset may be mcasurod from the outside perimeter of the first story roofed porches. The
roof of the porch must match, in pitch and style, the roof of the main structure. The porch must also be at
least 5 feet in width and extend the length of the wall which it is located.
E. Setback -Habitable Third Floor.
The minimum setbacks for a habitable third floor shall be the same as those for a second floor, except that the
minimum side yard setback shall be twenty (20) feet.
F. Height of Principal Buildings and Structures:
1) The maximum height of a principal building in an RHS zone shall be thirty (30) feet (excluding chimneys,
antennas, or other appurtenances).
2) Heights exceeding twenty (20) feet shall be subject to the setback regulations prescribed in 19.40.060 (D &
E).
19.40.070 Design Standards:
All provisions of this section may be deviated from upon an exception granted by the Planning Commission in
accordance with Section 19.40.140.
A. Building and Roof Fortns:
1) The primary downhill orientation of the building shall follow as closely as possible the primary natural
contour of the lot.
2) The main slope direction of the roof shall follrnv the natural slope direction of the hillside.
3) Second story dormers arc pcrtnitted within the second story setbacks as long as they arc minor in shape and
size.
Ordinance No. 1634 ~ •
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4) The downhill elevation of the main stmcture shall have a minimum of 4 offset building and roof elements.
These requirements arc intended to provide varied building forces to produce shadow patterns which reduce
the impact of visual mass.
S) Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, must contain
architectural elements which provide relief and break up expansive wall planes.
B. Colors:
Exterior colors of all stmctures on the lot shall use natural earth tone andlor vegetation colors which
complement the natural surroundings and shall not exceed a reflectivity value of 60 on a flat surface. Natural
earth tone and vegetation colors include natural hues of brown, green, and shades of gray.
C. Outdoor Lighting:
All outdoor lighting shall be identified on the site development plan. No high intensity lights are pcnnitted for
tennis courts or other recreational purposes. Movement activated security lights, not to exceed 100 watts, arc
permitted but must be shielded to avoid all off site intrusion. All other lights must be directed to meet the
particular need.
19.40.Og0 Fencing:
All provisions of this section may be deviated from upon an exception grarrtal by the Planning Commission in
accordance with Section 19.40.140.
All fences in an RHS zoning district shall be governed by the following regulations:
A. Solid Board fencing shall:
1) Not be limited on lots of less than 30,000 square feet net area.
2) Be limited to a 5000 square feet area (excluding the principal building) for lots exceeding 30,000 square
feet in net lot area.
B. Open fencing (composed of materials which result in a minimum of 75% visual transparency) shall be
unrextrictcd except that such fencing over three (3) feet in height may not be constructed within the front yard
setback area.
19.40.090 Permitted Yard Encroachment:
All provisions of this section may be deviated from upon an exception granted by the Planning Commission in
accordance with Section 19.40.140.
A. Architectural features (not including patio covers) may extend into a required yard a distance not exceeding
three (3) feat, provided that no architectural feature or combination thereof, whether a portion of a principal or
accessory stmcture, may extend closer than three (3) feet to any property line.
B. Additions to Existing Swctures:
Except for structures located within the prominent ridgcline site line, where a single family dwelling legally
constmctexl according to existing yard and setback regulations at the time of constmction encroaches upon
present required yards, one encroaching side of the existing structure may be extended along the existing
building lines even when the existing first floor setbacks do not meet the requirements of this Chapter. Only
one such extension shall be pcmtittcd for a life of such building. This applies to the first story onl}~. This
Ordinance No. 1634 • •
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Section shall not be wnstrucd to allow the further extension of an encroachment by any building which is the
result of the granting of a variance, either before or after such building becomes part of the city. 'Ilse extension
or addition may not further encroach into any required setback; e.g. a single story may be extended along an
existing five (5) foot side yard setback even though the other side yard does not equal ten (l0) fcet. However,
in no case shall any wall plane of a first story addition be placed closer than throe (3) feet to any property line.
19.40.100 Geologic and Soils Report Procedures:
A. A geological report prepared by a certified engineering geologist and a soils report prepared by a registered
civil engineer qualified in soiL4 mechanics by the State of California shall be submitted prior to the issuance of a
building permit for construction of any building or structure which:
1) Is located on property in an RHS zoning district which has been designated by the Grneral Plan to be
within a geologic hazard area; and
2) where an addition, alteration, or repair of an existing building or structure include at least one of the
following:
a) The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom
or secondary unit; or
b) The cost of the completed addition, alteration, or repairs will, during any period of 12 months, exceed
twenty five percent of the value of the existing improvements as determined by the building official
based on current per foot value of the proposed structure to the existing structure value on a parcel of
property. For the purposes of this Section, the value of existing improvements shall be deemed to be
the estimated cost to rebuild the improvements in kind, which value shall be detcrtnined by the building
official.
B. These reports shall be filed in conjunction with a site development plan and, in addition to the requirements of
Chapter 16.12 of the Cupertino Municipal Code, shall certain:
1) All pertinart data, interpretations, and evaluations, based upon the most current professionally recognized
soils and geologic data.
2} The significance of the interpretations and evaluations with respect to the actual development or
implementation of the intended land use through identification of any significant geologic problems,
critically expansive soils or other unstable soil conditions which if not corrected may lead to structural
damage or aggravation of these geologic problems both on and off site.
3) Recommendations for corrective measures dcemed necessary to prevent or significantly mitigate potential
damages to the proposed project and adjacent properties or to otherwise insure safe development of the
property.
4) Recommendations for additional investigations that should be made to insure safe development of the
property.
5) Any other information doomed appropriate by the city engineer.
C. No building permit shall be issued for the construction of any building or structure on property which is subject
to regulation under this Sation, unless the building and site plans incorporate the above described corrective
measures and unless said plans are approved by the city engincer.
Ordinance No. 1634 S •
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19.40.110 Private Roads and Driveways:
All provisions of this section may be deviated from upon an exception granted by the Planning Commission in
accordance with Section 19.40.140.
A. Pavement Width and Design:
The pavement width and design for a private road or common driveway serving two to five lots arui a single lot
driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter
18.13 of the Cupertino Municipal Code.
B. Reciprocal ingress/Egras:
An applicant for a building permit for a lot served by a private road or common driveway shall record an
appropriate decd restriction guaranteeing reciprocal ingras/egras casement to adjoining property owners who
utilize said private road or common driveway for the primary access to their lot(s).
C. Reciprocal Maintenance Agreement:
The applicant for a building pemrit for a lot served by a private road or common driveway shall record an
appropriate dced restriction guaranteeing participation in a reciprocal maintenance agreement with other lot
owners utilizing said private road or common driveway for primary access.
D. Gans:
Gates may be used to control access to private roads and driveways provided that the design of the gate,
including location, dimension, and the locking devices, are approved by the Director of Community
Development after wnsultation with the Central Fire District.
19.40.120 Solar Design:
The setback and height restrictions provided in this Chapter may be varied for a structure utilized for passive or
active solar purposes, provided that no such swcturo shall infringe upon solar access or property rights of
adjoining property owners. Any solar structure which requires variation from the setback or height restrictions of
this Chapter may be permitted upon issuance of an exception by the Planning Commission.
19.40.130 Interpretation of Planning Director
The Director of Community Development shall be empowerod to make reasonable interpretations of the regulations
and provisions of this Ordinance, consistent with the legislative intent thereof. Persons aggrieved by an
interpretation of the Ordinance by the Director of Community Developmrnt may petition the Planning Commission
in writing for review of said interpretation.
19.40.140 Exceptions:
Exceptions may be granted by the Planning Commission for development on hillside lots which the development
requirements contained Sections 19.40.050 D through M, 19.40.060, 19.40.070, 19.40.080, 19.40.090, !9.40.110,
and 19.40.120 will not be met.
A request for exception must be submitted on a form as pracribod by the Director of Community Development.
The application shall be accompanied by a fce prescribed by City Council Resolution, no part of which shall be
refundable to the applicant. Upon receipt of an application for an exception, a time and place for a public hearing
before the Planning Commission shall be set. A Notice of Pubtic Hearing for an exception under this Chapter shall
be given in the same manner as provided in Section 19.120.060 of this Title. The Planning Commission shall hold
Ordinance No. 1634 •
page-l0-
a public hearing at which time the Planning Commission may grant an cxccption only if all the following findings
arc made:
Not withstanding any other provision of this Ordinance to the contrary, if initial completed building plans arc filed
with the City of Cupertino before November I5, 1993, then the Planning Commission shall grant an cxccption
under this Section if the Planning Commission fmds that such plans are consistent with the City of Cupertino
General Plan Policies 2-40, 2-46, 2-47, 2-48, 2-49, 2-50, 2-51, 2-52, 2-53, 2-54, 2-55, 2-56, 2-57, 5-14, 5-15, 5-
16, 5-17, and 5-28, and including the follrnving:
A. That geological soils and drainage conditions, the extent of grading, watercourses and riparian corridors, plant
and wildlife impacts, and ridge line visibility has been considered and that any adverse environmental impacts
for developing on a substandard lot will be mitigated:
B. That alternative development areas have been considered and found to create a greater negative environmental
impact;
C. That the literal enforcement of the provisions of this Chapter will result in restrictions inconsistent with the
spirit and intent of this Ordinance;
D. That granting of an cxccption will not result in a condition that will be dctrimrntal or injurious to property or
improvements in the vicinity and will not be materially detrimental to the public health safety or welfare;
E. That cxccption to be granted is one that will roquire the least modification of the prescribed regulation and the
minimum variance that will accomplish the purpose;
F. That proposed cxccption will not result in a hazardous condition for pedestrian and vehicular traffic; and
G. That adequate public services and legal access exist to serve the lot.
After a public hearing, the Planning Commission may approve, conditionally approve, or drny the application for
an exception. An application may be appealed to the City Council as provided for in Section 19.136.060 of this
Title.
19.40.150 Severability Clause:
If any section, subsection, sentence, clause or phrase of this Ordinance is for arty reason 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 thererof,
ircespective of the fact that any one or more sections, subsections sentences, clauses or phrases be declared
unconstitutional.
Urgency:
The existing zoning regulations for hillside lots as identified in the Cupertino General Plan do not contain an
cxccption process as required in the General Plan, These zoning regulations arc currently being rcvicwcxl by the
City Council as a part of the implcmerrtation procedures of the General Plan. For these reasons it is urgent and
necessary for the protection of the public health, safety, and welfare that no further permit, or other entitlement to
construct a structure be issued by the City of Cupertino for building or development in the above-0escribed hillside
areas unless in compliance with this ordinance. Therefore, this ordinance is declared an urgency ordinance and
shall be in full force and effect upon its enactment.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
C[TY OF CUPERTINO )
I, KIIvI M. SMITH, City Clerk and ex-officio Cleric of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copy
of Ordinance No. /L3f~ enacted on 42~,~.t~t/ // /993.
IN TNESS WEIEREOF, I have hereunto set my hand and seal this a.~
day of ~-~/ . I9 9.~
~~~~
' KIM M. SMITH, City Clerk and ex-
officio Clerk of the City Council
Cupertino, California
Ordinance No. 1634 ~ S
page -1 I-
Effective Date.
This Ordinance No. 1634 shall take effect and be in full force immediately after its enactment.
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino on the 1 lth
day of October, 1993, by the following vote:
VOTE: COUNCIL MEMBERS
AYES: Szabo, Goldman, Sorensen, Koppel, Dean
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
l~~~Lw ~Gi/ ~
Mayor, City of Cupertino
ATTEST:
_
~GYX.. /i' (~it~.C. lgL
City Clerk
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