Ordinance 881 . . . . . _ ~z. sr: .9 . 3 l` at~~LLe ~
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: • • September 7,1978
, ORDINANCE N0. 881 ~
AN ORDINANCE OF THE CITY OF CUPERTINO AME,*1DINC
ORDINANCE N0. 002 BY ESTABLISHING REGULATIONS
FOA RESIDENTIAL HILLSIDE DEVELOPZ~NT
TfiE CITY COtJNCIL OF T8E CITY OF CIIPERTINO DOES ORDAIN AS FOLLOWS:
! SECTION 1: AI~."IDt~IVT
Section 1.1: Ordinance 002 of the City of Cupertino, Callforaia, is
hereby amended bq adding thie Ordiaance No. 881.
SECTION 2: INTENT
Section 2.1: The purpose of this Ordiaance ia to regulate developmeat
commeasurate vith co~unity goals to preserve the aatural setting of the
hillsides. The Ordinaace utilizes performaace atandarda and specific
regulationa to eneure that the utilization of land for urbaa uaea is kept
in balance vith the need to conserve natural resources and protect lif e
and ptoperty from natural hazards.
SECTION 3: APPLZCATION
~ Section 3.1: No building, stzucture or land shall be uaed, and ao
building or structure shall be hereafter erected, atructurallp altered or
enlarged in a reaideatial hillside zoned area, otherviae than ia conformance
vith the followiag proviaiona; eucept that uaes, building aad atruceures
lavfully in exiateaca at the time of thie Ordinance No. 881 takes effect may
remaia as long as no alterationa take place (except those permitted by Saata
Clara County Ordinance YS-1200, Section 30, as it exieted on October 30,
1955, ~+hich has been adopted bq the City of Cupertino). For the purpoae of
thle Ordiaance, a reaidential hillaide area is a property or group of
properCies that have an average alope of ten percent (lOZ) or greater.
SECTION 4: DEFIIVITIONS
Section 4.01: Attached BuildinRa: Buildiags whosa walls and/or roofs
touch each other, aither for the entire langth of a wall or roof, or for lese
thaa ehe length of a wall or roof, or ia a corner-to-coraer relation.
Section 4.02: AneraAe Percent of Slope: The ratio betweea vertical and
horizontal diatances exprnsaed in percent; ehe mathematical expression is
baeed upon tha fosmula described below:
S~ Ixtx 100
A
S• Average alope of ground in percent
I~ Contour interval in feet
- L~ Combined length ia feet of all contours on parcel
A~ Area of parcel ia square feet
' • • Ordinance yo. 881
~ Seccion 4.03: Building: Any structure intended for the shelter, housing
or enclosure, or all, of aay persoa, animal or chattel.
Section 4.04; Buildin~, Acceasorv: ,1np bullding serving a use subordinate
or lncidental to che usa of the main building on a lot, and not being an integral
' part of the structure of the main building. Examples: Detached garage or
carport, tool shed. greeahouse, covered walkway, and lanai.
Section 4.05: Buildinst, Detached: Huildinga vhich have no joint walls and
do not touch each other.
Section 4.06: Dav Care Homes. Familv: A family homa non-institutional in
character, vhlch provides day care only, with or vichout compensation, for noc
mora thaa six (6) children under ai~cteen (16) years of age~ iacluding the
foater familq's children ucder suteen (16) years of age.
Seccion 4.07: Dav Care Fiomes, Special: A family home non-Sastitutional in
character, vhich provides daq csre only wich or without compeasatioa for seven
(7) to ten (10) children inciusive under sizceen (16) years of age, includiag
the children of the foater family uader sixteea (16) years of age.
Section 4.08: Dvellina Unit: A building spaca used exclusively for
residential occupancy bq one family, vith facilities for living and the cooking
and/or preparation of food.
Section 4.09: Family, Sinttle: One or more persons related to each other
bp blood, marriage, legal adoptioa, or foater parenchood, or, no more than
four (4) uarelated persons, liviag together as a single housekeeping unit with
a siagle kitchen, toge[her vith aecessary domestic employees, if anq. For the
purposes of this defiaitioa. a einglrfamily may alao include any combination
of relaced aad uarelated pereoas, but, in no case ehall the total aumber of
unrelated persona, accludiag aecessarq domescic employeea, nxceed four.
Section 4.10: Group Care Activities: A residentlal care facilitq providing
continuoua care for aia (6) az fever persons on a tneatq-four (24) hour basis
which requirea liceasiag by a governmental agencq.
Section 4.11: Beittht of Buildin¢: The vertical dlntance from the highest
part of tde roof to tha Iovest fiaiahed grade ad~acent to a building e~cluaive
of radio or televi9lon aerials.
Section 4.12: Lot Deoth: The lot depth shall be calculated as che average
of the side lot lines oz ia cases of more than tw side lot 11nes as the average
of aeveral linea running the depth of ehe lot as detetmined by the Direccor of
Planning and Developmeat.
Section 4.13: Lot. Rep: The first lot to the rear of a corner lot, the
front line of which ia a contiauation of the side line of the corner lot,
vhether or not aeparated bq an alleq.
Section 4.14: Lot Width: The lot vidth ia measured by a iine corresponding
to tha leagth of [he liaeal, or radial (in the case of a curned front lot line)
froat setback line.
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• • Ordinance Yo. 981
Seccion 4.15: Setback Area, Requized: The opea space, unoccupied and
unobstructed from the ground upvard, excepc as ochervise provided in chis
~ Ordinance.
Section 4.16: Setback area, Required Fronc: The azea extendiag across
the front of the lot between the froat lot line and a setback line parallel
thereto, which ia separated by a diatance aqual to tha front setback as requirad
in this Ordiaance.
Sectioa 4.17: Setback Area, Required Rear: The area extendiag acrosa the
full vidth of the lot betweea the rear lot line and the naareat liae or point
~ of the maia buildiag.
ii
SecCion 4.18: Setback ?sea, ReCUired Side: The area ba[veen the side
lot line aad the neareac line of the building, aad eatending from the front
setback line to the rear setback line.
Sectian 4.19: Site Develovment Plan: a plan or plana euhibiting the
following iaformacion--plat plaa, gradiag plaa deacribing eacistiag and proposed
copography, the location of each propased atructure, the location of esi9tiag
natural vegetation that will be affected by coostruction accivitiea. a plan
prepared by a regiatered laadscape architect describing erosion control measures
for all cut and fill slopes, and a plan describing the location of all solid
hoard feaciag. '
Sectiaa 4.20: Veaetation: Tha vord "vegetation", ae used ia thi~ Ord-
inaace shall meaa plaats, ehrubs, grassea, crees, and roota thereof.
~ SECTION 5: PERMTTTED IISES
Sectioa 5.1: The follwiag uaea ahall be pezmitted ia a flillside Resi-
dantial Zoae.
a. Siagle-familq dvelling uaita vith not more thaa one (1) dwelling
uait per lot.
b. Home Occupat3ona subject to approval pursuaat to the Home Occupation
Ordiaaace (No. 321) of the Citq of Cupe=tiao, ae it nov exiata or
may hereafter be amended.
c. Sale of products grow or produced on the property, auCh as but
not limited to agricultural producta, honey, milk, eggs, etc.,
to the extent this usa does not become Che primary income producing
activity of the houaehold.
d. Acceseorq buildiags.
e. Familq daq care homes.
f. The keeping of not more thaa four (4) dogs and four (4) cats ovar
four (4) montha of age.
g. The keaping of h~ster, fish, birda, etc. aad small animala of a
aimilar natura, provided that auch animals are in contained habitats
geaerally located ia the main building or acceasory buildings of
reaidential lots, Provided chat the animals are not raiaed for
eommercial purpoees.
h. The keeping of one (1) small animal, including pigeons, ducka, geese,
chickens, rabbits and other aaimals of a similar nature, for each
3,000 aq. ft. of lot area, provided that the animals are not raised
for commercial purposes.
1. 2he keeping of one (1) medium-sized animal, including sheep, goats
and other animals of a similar nature, for tne firsc 40,000 sq. :t.
uf lot area, and one addicional such anir~al ior each addi[1ona1
20,000 sq. ft. oi lot area. These animals shall not be raised cor
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Ordiaaace Yo. 881
Seccion 5.1.~ (continued) •
co~ercial purposes, and shall be subject co Santa Clara County
Health Department regulations aad setback ~equirements as set
forth in Section Eight (8) of the Cupertino Municipal Code, In no
• instance shall the required loc azea Eor a medium-sized animal
be included in che required lot area for a large animal. petmit
shall be isaued by the Director of Planaing and Development in order
to enaure compliaace vith setback requirements contaiaed in the
Cupertiao Municipal Code.
j. The keepiag of one (1) large animal, including horaes, cowa, and
other animals of a aimilar nature, for each 40,000 sq. f[. of lot
area, excludiag mules aad/or donkeya which shall require 80,000
sq. ft. of lot area, provided that the animals ara aot raised for
co~ercial purposes, sub~ect to Saata Clara County Health Department
regulatiaas and setback requiremeats as sat forth in Section E1ght (8)
of the Cupertino Municipal Code. In ao iastance ahall the required
lot area for a lazge animal be included ia the required lot araa
for a medium-sized animal. A permit ahall be issund by the Dirsctor
of Planaiag and Devalopment in order to eneure compliance vith sst-
back requiremeats concalned in the Cupertino Municipal Code.
k. The keeping of ss,rine shall not be permitted on aaq hillaide rasiden-
tial aite regazdless of loc area.
' 1. The keeping o£ aIl aaimals existing in the Cicq at the tlme of eaact-
meat of this Otdinance or upon annexation into the City, and not
i conforming with che numerical limitations or secbnck requiremeats
contaiaed ia this Ordinaace, and which vere legal prior to adopcioa
of this Ordiaance, shall be declared to be of a legal non-coaformiag
' etatus aa long as the Couatq Health Officar deems that eaid animals
do nac create a healch hazard. If a legal non-conforming use as
~ defined herela ceases for a continuoue period of at least aix (6)
montha, the legal noa-conforming status shall ba revoked.
Sectian 5.2: Due Co tha nature of certain usea, special coasidera[ioa
by the Planaing Co~iaeioa will be neceesary prior to locatiag ia any hill-
aide residential zona. The Co~issioa may, in each separate case, grant
a coaditioaal uae permit 9ub,ject ~o the appropriate coadi[ions of approval,
vhea che Commi9sion can make the folloving fiadings:
1. That the uae or uaes are in coaformance with the general plaa and
is not dec=imental co ezi9cing uses or to uses specifically par~aitted
in the zone in vhich the proposed use is to be located.
2. That the property involved is adequaee in aize and shape to accom-
modace che proposed use.
3. That the proposed use will not generate a level of tzaffic over and
beyond that of the capacity of the eaistiag street system.
4. That the propoaed uae is othezwise not detrimcntal to the health,
nafety, peace, morals and general welfare of persons zesiding or
working in tha neighborhood of auch propoaed use nor iajurioua to
property aad improvements in thn aeighborhood.
The followiag uses are subject to conditional use permit approval:
a. Special day care homes.
b. Group care activitiea. ,
c. Limited coa~ercial recreation usea--riding cluhs and related etables
aad trails, golf courses, svimming and picnic grounds.
d. Other uses, which, ia the opiaion of the Planniag Commisaion. are
consiatent vith che character oE a flillside Residential Zone and are
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• • Ordinance :io. 881
Section 5.2.d: (continued)
of the same general character as the uses listed fn the above Sec-
tioas 5.1 and 5.2 of thia Ordinance No. 881. A property ovner or
reaideat may request that a questionable activity be incerpreted
by [he Planaiag Co~ission as a Nev Bueiness item on che Planning
Commisaion agenda.
SECLION 6: D{JELLING U:JIT DENSITY
Seccion 6.1: The reeldential denaicy for davelopmeat within a Residential
Hillaide Zoae shall be determined by the Geaeral Plan.
Section 6.2: Upon recordation of ~ubdivisian map or parcel map in a
Eiillside Reaidential Zone, elope-density credit derived from appllcaCion of a
slope-density formula to a lot or group of lots canaot be transferred to
property oucside of the aubdivision or paresl map boundary. A covenant running
with the laad ia favor of the Citq, as approved by the Citp Attoraey, shall be
tecorded to ensure campliaace vith the regulation prohibiciag transfer of slope-
density ds+elliag unit credit.
'
Section 6.3: A property oxner or owners ovning land within a Billside
Reeideatial Zone maq adjuat property liaas among coatiguous legal parcela,
aubject to City approval in accordaace vith the Suhdivlaion Map Act and local
subdivisioa ordinance.
SEGTION 7: GENERAL PERFORHA.~CE GUIDELI,iES
Section 7.1: The folloviag guidelines are a compilation of policiea
stated ia che adopted General Plaa. Theq are iatended to be guideliaes for
the preparation of plans for conatruction ia Hillaide Rnaidential areaa.
1. Site gradiag ahall be minimized. Graded area ahall be replanted
vith emphasis placed upon protection from soils eroaioa and elimin-
ation of visual acarring.
2. Thn sitiag of the atructures shall be located so as not to sub-
staneially diarupt the natural silhouette of prominent ridges as
viewed from the valleq floor.
3. The seructura shall be aited in a maaner to ensure the retention of
aignificant native trees (over 12 iaches in diamecer measured four (4)
ft. from natural grade).
4. As a geaeral rule, it Ss the reaponsibllity of individual applicants
to locate their homes in a ma~er to procect their vievs, respect
views of their neighbors, and to protect themselvea aad their
neighbors from privacy intrusion from che higher elevated homesites
through design. While the Director of Plaaning and Development may
confer With building permit applicatns regardiag view procection and
privacy intrv9ion, it is aot the reaponaibilicp of the City to
either ensure the privacy protection of the building permit applicanc
or propertq ovners on sunounding properties that may be affected
by the atructure under conaideratioa.
SECTION 8: SPECIFIC DEVELOPMENT STANDARDS
Section 8.1: Lot Area: The minimum lot area for a specific property
shall correspond to the smallest lot size permicted bq che density proviaions
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' ~ . Ordinance Ho. 881
'I ~ ~
' ~ ' Section 8.1 (continued)
oi the Land Use Ele~eac oi the General Plan. The ainicium nec loc area in
a 0-4.4 Geaeral Plan densicy range shall be 7,500 sq. it. In che case of a
property designa[ed in che Geaeral Plan for a slope-densicy reviev, the minimum
loc size shall be equivalent to the average lot area computation for a Ox
elope gradient. The OS slope gradients for che slope-density Formulas is
contained withla Appendix a of chis Ordinance :io. 881. In the caee of the
slope-denslty camputations, che average lot area reflects [he grosa lot area.
Accordiagly, the miaiaum loc area measurement may include che atreet area
bouaded by the street centerline, the atreet right-of-vay line aad the extended
side yard to the street centerline.
Section 8.2: Buildina Heittht and Number of Stories: Building height
shall not exceed thirtq-Eive (35) feet measured from the loweet fiaiahed
ground elevacion to the highest point of the roof. For atructuras located
on a ridge top, which ie defiaed as an elongated czest of a hill, Che haight
ehall not exceed tveaty (20) feet above the ridge top in closest proximity
to tha structure. All height measurements ehall ba exclusive of radio and
televiaion aerials and other minor appurteaancea. The number of atoriea la
not regulated.
Section 8.3: Lot Width: The minimum lot width for a lot faciag a public
streat ahall be aeventy (70) feet. There is no minimum lot vidth for a lot
served by a commoa privace driveway.
Section 8.4: Buildin¢ CoveraRe: 'fhe coveraga by bulldings and other
permanent stsucturea ahall not exceed thirty perceat (30X} of the lot area.
(
Section 8.5: Buildiast Setbacks:
. a. Front Yard Secback: The front yard setback shall be a miaimum of
tventq (20) ft. vith the axception that the troat satback =equiremencs
for a garage may be reduced to ten (10) ft. in instancea vhere there
is an elevation chaage of at least four (4) ft. ia the first cwenty
(20) ft. from the public street elevation to the setback elavation.
The garage muat be de~igaed in a manner to eaable vahicles to park
off etreet in front of the garage door(s) or carport apening. la
the case of a loc served by a private road, the front yard ahall be
defined as [he narroveat lot frontage facing said private road.
The front yard setback requiremeat for a private road coadition shall
ba twenty (20) feet.
b. Side Yard Setback: Each side yard shall measure a minimum of Cen (10)
fnet. Five (S) feet shall be added to each required side aetback
area for each story above the firat story on any building. The eide
setback area on the street aide of a coraer lot shall be not lesa
thaa fifteen (15) feet.
c. Rear Yard Setback: The rear yard setback distance shall be a minimum
of twenty (20) feet.
Section 8.6: Off-street Parkinst and Turnaround Space: Ztao (2) garage
or covered carport parking spacas shall be provided on each developed Hillside
Residential site. Development on lots aerved bq public street or private roads
that do not provide public parking shall provide a miaimum of four (4) function-
allq independeat off-street parking spacea in addition to covered spaces.
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_ , f Ordiaanca`No. =881 Y
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Section 8,7: Feacing: Solid board fencing for privacy aad •ecurity shall
be limited to a 5,000 sq. ft. area, excluding the maia buil.ding azea, for lots
concaining a aet square footage of 30,000 eq. ft. or greater. Open fencing is
unrestzicted. Fenciag over ~hree (3) ft. ia height may aot be conatructed in
the froat pard satback area. With the excepcion oF the three (3} ft. height
limitation for fsont qard setback area, there is no reatriction of solid board
feacing for lota containing lesa thaa 30.000 eq. ft.
The City's Feace Ordinance No. 686 as ameaded shall regulate the height
of fencea.
Aa "opea" fence is a feace struccure that ia comprised of materisls
apaced ia a manaer ao se to result in a minimum 75S visual tranaparancy.
Section 8.8: Acceasory BuildinRS:
a. Ia case an acceseory building is to be attached co the main building,
it shall be made structurally a part thcreof and shall comply in all
respecta vith the requiremeats of this Ordinance applicable to the
I main buildiag. Aa accesaorq buildiag, unlese attached to and mada a
part of the maia building as abova provided for, at~all not be cloaer
i than five (5) feec (meaeured betueen eava linen) to the maia building,
except that emall portable etorage 6uildinga lnsa than si~c (6) feet
in haight maq be 2ocated leea than five (5) feet from the mala
building provided that they do not encroach cloeer thaa ten (101 feat
to aaq property line and further providing that thep are not attached
in anq vaq to the main buildiag. or to a pnrmaneat foundation or pad.
b. A detached acceaeorq building shall not occupy more than thizcy percent
(30x) of the area ia any rear setback area.
c. Decka or other accessory buildinga (~re ehaa eighceen (18) inches
above grade} vhich function as recreatioaal or play structurea (e.g.
decks, playhouaes, pool slidas, atc.) aFull aot be permitted cloeer
than ten (10) faet to any property line commonly ahared with an
adjoiaing propertp resideatially general planaed, zoned or used.
d. In the caea of a corner lot adjacent to a kep lot, an acceseory
• building located in the rear setback area shall be see back a minimum
diataace equal to the front aetback requiremeat of che key lot.
Sectioa 8.9 : Architeceural Proiectiona Into Revuired Yarda:
a. Cornices, canopies. eaven, decke (more than nightaen (18) inchea above
grade), and other architectural featurea may eztend into a required
yard a diatanca not e~cceediag ts~o (2) feet, six (6) inches. except as
otherviae provided ia this Ordiaaace.
b. IInencloaed patio covers maq axtead into the rear qard aetback~ provided
that no portion exteada closer than ten (10) feet to cha rear propertq
line.
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. Ordinanca No. 881
• .
SECTION 9: GEOLOGIC AND SOILS REPORT PROCIDURE
If tfie propestq imolved ia sn application for a building perait ia a
Raaidentia2 flillaide Zoning Diatrict is located ia a gaologically hazardous
arrs aa detesmined by the Gensral Plan. tha City geologiat ahall review each
application to datermiae the extent of geologic invnetigatioa and report
necessarq. If a more in-depth im~eatigation is determined to be raquired,
said iaveatigation and report ahall 6e prepared bq a regiacared eagineering
geologiac certified bq [he Swte of California. This report may be combined
vich the soila imestigation specified bq Citq Ordinance ;Io. 409, said soils
re ort to be re ared by a registered civil eagineer qualifisd in soils
P P P
mechanics bq the State of California. The preliminarq geologic aad aoila
inveatigation and report sdall be filed ia conjunction with che sice development
plaa as defined in Seceion 4.19 of chis Ordiaaaca No. 881. Tha geologic and
soila report ahall fully and clearly present:
1. All pertiaeat data, interpretatiaas and evaluations based on the
moat currenc profesaionallq zecogaized aoila and geologic data
(i.e. California Stace tiines aad Geologq, USGS, atc.);
2. The sigaificance of the interpretatioas and evaluacions vith respect
to the actual development or implemeatation of the intended land
( usa through Che identification of anq slgaificant geologic problams.
criticallq e~anaive aoils or other uastable soil condition which if
aot conect may lead to structural damage or aggravation of future
geologic problema botb on and off the site;
3. Reco~endations for corrective measures deemed neceesarq to prevent
or sigaificaatlq mitigate patential damage to the proposed project
and adjaceat properties or to otherviee ensure safe development of
the property; and
4. &eco~endationa for addit3ooal iaveatigatione that should be made to
ensure eafe development of the property.
SECTION 10: PRIVATE ROADS A2m DRIVE4JAYS
$ection I0.1: The pavement vidth and denign aection for a private road
(co~on drinevaq aerving tw co five lota) and siagle lot driveway ehall
comply vith development atandarda contained in the hillside subdiviaioa
ordinance.
Sectioa 10.2: ~ 8ppucant fo= building permlt ovniag a lot served by
a private road shall record an appropriate deed reatriction and conenanc
runniag ~rith the land guaranteeing reciprocal ingress-egress eas~eacs to
adjoining propertq owners who utilize said private road for the primary access
to cheae parcel(s).
Section 10.3: The applicant for a building permit owaing a loe served by
a private road atsall record an appropriate deed reetriction and cwenant
ruaniag crith the land guaranteeing pazticipation ia a reciprocal maiatenance
~ agre~ent with ocher lot owners utiliziag said private zoad :or ~heir primary
access.
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SECTION 11: APpEay pROCEDURE
Section 11.1: aay deciaion made by the Dtrector oF Plaaaiag and Developmanc
maq be appaaled to che Citq Council. Such decinion may be appaaled by filing a
writtnn aotice of appeal rrlch the City Clerk within fiva (5) daye after nocice
of tha decigion by tha Director of Plaaaiag aad Denalopm~at. The Citq C2erk
ahall notilq tha applicaat of tha data, timn and place !or heariag the appeal.
The City Council may affirm, reverse. or modi£y the deciaion of cha Director of
Plaaaiag aad Davalopmeac~ and their deciaioa shall be fiaal.
SECfION 12: PEliALTIES
Aay pnraons violattng the provisions of this Ordinxace stsall be subjnct to
the provinion af Chapcer 1.12 af che ?funicipal Code of the City of Cupertino.
' SECTION 13: SEVERABILITY CLiQSE
Sectioa ta.l; If aaq section~ subsection, sentnnca. clauae or phzase of
chis Ordiaance in for aay reasoa held to be uaconstituiional. such decision
ahall not affect the validity of the remaiaiag portlona of this Ordiaaace. The
ingislative body hernby declares that ir wuld have paaaed this Ordinance aad
each aection. subaection, eenteace, clausn or phrase thereof inespeccive of
the face that anq one or more sectiona, subaections, eeateacea, clauses or
phraaea be declared unconstitutionsl.
~ SECTION 14: YIIBLISHING CLIQSE
Section 14.1: The City Clerk ia herebp suchorized aad directed to cauae
a certified copy of ehi~ Ordinance to be publiahed at least once vithia
fifteea (15) days after its eaactmeat in the Cupertiao Couriar. tdn official
eavapaper of the Ciey~ publishad aad circulaced ia the Citq of Cuperttao.
IDTT&ODQCID at a regular meer~ne of ehe City Couacil of the City of
Cupertiao, on the ~d daq of October , 1978. aad ~iqCTED ae a regular
meating of ehe City Councii of the City of Cupartiao thia 16th daq of
October . 1978, by the folloving vota:
Vote . *fembera of the Ci[v Council
AYES: Meyera, 0'ICeefe, Aogers, Sparks, Jackson
NOES: None
None
?.BSTA~LJ: Nonn
ATTEST: APPHOVED:
.
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: - - ~Lf:U?~~~~
De~uty Cit~'/Clerk r, City ~,~pe:cino
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