Fail: 6,454 / 43.96% Yes votes ...... 8,226 / 56.04% No votes

See Also: Index of all Measures

This measure seeks to amend the Cupertino General Plan to require that buildings have a maximum height of 36 feet measured from grade level to the highest point of the building structure. Exempted from this restriction would be the Vallco Park Planning District [defined as the area bounded by Wolfe Road, Tantau Avenue, Homestead Road and Stevens Creek Boulevard] which would be restricted to maximum building heights of 45 feet, and the Wolfe Road Commercial Corridor [defined as the area within 500 feet of Wolfe Road beginning 500 feet north of Stevens Creek Boulevard and extending to Highway 280] which would be restricted to maximum building heights of 45 feet for residences and "mixed use" facilities only. Also exempted from this restriction would be residential "single, duplex, triplex and fourplex" units. Existing buildings could be rebuilt, undergo alteration, or be expanded only if 1) they do not exceed their original heights and set backs or 2) any added portions of their structures comply with the above restrictions.

The restrictions contained herein cannot be modified, amended or eliminated, nor may new or existing buildings which are subject to these restrictions be built or altered in any way which is inconsistent with these restrictions without a vote of the city's electorate at an election.

Full Text of Argument In Favor, Rebuttal

Full Text of Argument Against, Rebuttal

City of Cupertino

• Cupertino General Plan
• Cupertino General Plan Update
• Cupertino Planning Department
• Consultant Prepared Reports

• Concerned Citizens of Cupertino - 2004
• Concerned Citizens of Cupertino
• Advocates for a Better Cupertino

Save Our City, A Primarily Formed Committee To Support Measures A, B & C

Advocates for a Better Cupertino

Part I: Title and Effect

Amendment to the General Plan Concerning Building Height

Part II: Purpose and Findings

1. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center.

2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality oflife.

3. Continued rapid growth is also a concern to the people of the city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth.

4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino.

Part III: Growth Controls

Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed a maximum height of36 feet. The height is measured from grade level to the highest point of the building structure. An exception to this provision may be granted only if flIst approved by city voters in an election.

Part IV: Exceptions

A. Vallco Park

The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Boulevard), which make up its perimeter.

The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed 45 feet. The height is measured from grade level to the highest point of the building structure.

B. Wolfe Road Commercial Corridor

The Wolfe Road Commercial Corridor is the area within 500 feet of the centerline of Wolfe Road, starting at the point 500 feet north of Stevens Creek Boulevard on its southern end and extending northward to Highway 280.

The Wolfe Road Commercial Corridor is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of residences and/or mixed-use facilities shall require that building heights not exceed 45 feet.

C. Residential

Single, duplex, triplex, and fourplex units, as defmed as of 1 February 2004, are exempted from the limitations in this amendment.

D. Existing Buildings

Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (1) they do not exceed their original heights and setbacks or (2) any added portions of their structures comply with the limitations in this amendment.

Part V: Existing Law

This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election.

Part VI: Severability

If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Part VII: Additional Requirements

Nothing in this amendment prevents the Cupertino City Council, or any existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment.