HomeMy WebLinkAboutCourt of Appeal Affirms Ballot Question Compliance - Press Release - 08.26.2016
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 26, 2016
Court of Appeal Affirms Trial Court’s Ruling that the Ballot Question Adopted by
City Council is Factually Correct and Complies with the State Elections Code
CUPERTINO, CA – The Committee Supporting Cupertino Citizens’ Sensible Growth Initiative’s (Committee)
appeal to overturn a lower court’s ruling regarding the ballot question for Measure C has been denied by the
Court of Appeal of the State of California, Sixth Appellate District.
The appeal sought to overturn the Santa Clara County Superior Court’s ruling earlier this month that the
“ballot question (adopted by City Council) accurately states the nature of the CCSGI (Cupertino Citizens’
Sensible Growth Initiative).” At trial, the Committee objected to the language in the Measure C ballot question
that stated it would: (1) increase the maximum building height in neighborhoods to 45 feet, and (2) limit
redevelopment in the Vallco Shopping District.
The Superior Court also found that “the challenged language is factually correct, and was not false,
misleading, partial or otherwise failed to comply with the State Elections Code.”
In so ruling, the Superior 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 Cupertino
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.
The City of Cupertino 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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ORIGINAL
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
COMMITTEE SUPPORTING CUPERTINO CITIZENS'SENSIBLE GROWTH
INITIATIVE et al..
Petitioners,
V.
SUPERIOR COURT OF SANTA CLARA COUNTY,
Respondent;
CITY COUNCIL OF THE CITY OF CUPERTINO et al..
Real Parties in Interest.
H043840
Santa Clara County No.CV296322
Court ofAppeal.Sixth Appellate Distfict
FILED
AUG 2 3 2016
DANIEL p.pol
BY THE COURT:
The request for judicial notice is denied.The petition for writ of mandate or other
appropriate relief and the request for stay are denied.
(Premo,Acting P.J.;Bamattre-Manoukian,J.; and Mihara,J.participated in this
decision.)
AUG 2 3 2016
Date:Acting P.J.
AFFIDAVIT OF TRANSMITTAL
I am a citizen of the United States, over 18 years of age, and not a party to the within action:thai
my business address is 333 West Santa Clara Street, Suite 1060, San Jose, OA 95113; that I
served a copy of the attached material in envelopes addressed to those persons noted below.
That said envelopeswere sealedand shippingfees fullypaid thereon,and thereafterweresentas
indicated via the U.S. Postal System from San Jose, CA 95113.
I certify under penalty of perjury that the foregoing is true and correct.
Clerk of the Court
AU6 2 3 Z9W
Deputy Clerk
CASE NUMBER:H043840
Santa Clara County Superior Court
191 North First Street
San Jose,CA95113
Danielle Luce Goldstein
Santa Clara County Counsel
70 W.Redding Street,Floor 9,East Wing
San Jose,CA 95110
Bem Steves
19925 Stevens Creek Blvd.
Suite 100
Cupertino,CA 95014
Amy Bricker
Shute Mihaly &Weinberger
396 Hayes Street
San Francisco,CA 94102
Date
Material Sent YES:
Material Sent YES:
Material Sent YES:/
Material Sent YES: