Fail: 6,044 / 41.24% Yes votes ...... 8,610 / 58.76% No votes

See Also: Index of all Measures

This measure seeks to amend the Cupertino General Plan to require that buildings have a minimum public street set back line of 35 feet, or the distance determined from a 1.5 to 1 slope line ratio measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. Exempted from these restrictions 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 minimum street set back lines equal to 1 to 1 slope line ratio, and the Wolfe Road Commercial Corridor [defined as the area within 500 feet of Wolfe Road beginning 500 feet north of the Stevens Creek Boulevard and extending to Highway 280] which would be restricted to minimum street set back lines equal to a 1 to 1 slope line ratio for residential and "mixed use" facilities only. Also exempted from these restrictions would be residential "single, duplex, triplex, and fourplex units." Existing buildings could be rebuilt, undergo alteration, or be expanded, only if 1) they adhere to their originally authorized set backs, or 2) any added portion 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 General Plan Concerning Setbacks

Part II: Purpose and Findings

The people of the City of Cupertino find and declare as follows:

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 of life.

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 buildings to have minimum street setbacks of 35 feet, or the distance determined from a 1.5 to 1 slope line ratio measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. An exception to this provision may be granted only if first 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 that buildings have minimum street setbacks in accordance with 1 to 1 slope line ratios measured from the nearest curb line(s) of a public street(s).

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 buildings have minimum street setbacks in accordance with 1 to 1 slope line ratios measured from the nearest curb line(s) of a public street(s).

C. Residential

Single, duplex, triplex, and fourplex units, as defined 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 adhere to their originally authorized 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.