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Measure B Building Height
This initiative limits building heights to 36 feet except in the Vallco deveopment area. Any variances must be voted on by the people.

Measure B Building Height

Part I: Title and Effect

  • Amendment to the General Plan Concerning Building Height

Part II: Purpose and Findings

  • 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.
  • The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality of life.
  • 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.
  • 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 of 36 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 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 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 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 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.
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