SCC Superior Court Ruling on Ballot Question
OFFICE OF PUBLIC AFFAIRS
Telephone: (408) 777-3200 • FAX: (408) 777-3366 • pio@cupertino.org
City Hall • 10300 Torre Avenue • Cupertino, CA 95014-3255
N E W S R E L E A S E
August 11, 2016
Court Rules that Ballot Question Adopted by City Council is Factually Correct and
Complies with the State Elections Code
CUPERTINO, CA – The Santa Clara County Superior Court denied the Petition for Writ of
Mandate filed by the Committee Supporting Cupertino Citizen's Sensible Growth
Initiative.
The petition challenged the ballot question adopted by City Council for the Cupertino
Citizen's Sensible Growth Initiative (CCSGI) at its April 5, 2016 Meeting. The petitioners
objected to the language in the ballot question that the CCSGI would: (1) increase the
maximum building height in Neighborhoods to 45 feet, and (2) limit redevelopment in the
Vallco Shopping District.
On August 10, 2016, the Court ruled that the “ballot question accurately states the nature
of the CCSGI.” It found that “the challenged language is factually correct, and was not
false, misleading, partial or otherwise failed to comply with the State Elections
Code.” The Court also found that the petition was not brought in a timely manner.
In so ruling, the Court considered the context of the City's General Plan and zoning
designations, and indicated that the CCSGI effectively raises the maximum height limit of
buildings within the Neighborhoods to 45 feet—whether or not that was the intent of the
drafters and its proponents. Neighborhoods make up approximately 75% of the City of
Cupertino.
Cupertino, CA, is on the western edge of Silicon Valley against the foothills of the Santa Cruz
Mountains. With a population of 62,000 within 13 square miles, Cupertino is 42 miles south of San
Francisco and home to many high-tech companies, most notably Apple, Inc.
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