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Ordinance 1035• ORDINANCE N0. 1035 • AN ORDINANCE. OF THE CITY OF CUPERTINO AMENDING ORDINANCE 220(i) BY ADDING SECTION B7.1 ESTABLISHING A USE PERMITTING SETBACK AND HEIGHT EXCEPTIONS TO ACCOFQfODATE SOLAR EQUIPMENT OR DESIGN THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMENT Section 1.1: Ordinance No 220(1) is hereby amended as sat forth in this Ordinance No. 1035. SECTION 87: SOLAR DESIGN Section 87.1: The setback requirements and height limitations outlined in the above sections may be varied from when it can be demonstrated, to the satisfaction of the Planning Commission, that said variation is necessary to implement or take advantage of active or passive solar design, provided that said variations do not infringe upon solar access or property rights of the adjoining properties. Said variations shall be considered on a case-by-case basis through evaluation of a use permit application by the Planning Commission. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this ~tAr day of 1980, and ENACTED at a regular meeting of the City Council of the City o Cupertino this 18th day of August ,1980, by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None. ATTEST: - City Clerk APPROVED: 1 or, City o Cupertin