Herrera

WE CARE-SANTA PAULA v. Herrera

Good Law
139 Cal. App. 4th 387·42 Cal. Rptr. 3d 577
Court of Appeal of CaliforniaMay 9, 2006B186242California1,521 words

Opinion

Opinion

Gilbert, J.

A city clerk rejected an initiative petition for failure to comply with Elections Code section 9201, requiring an initiative petition to contain the “text of the measure” proposed for enactment. Proponents of the initiative petitioned for a writ of mandate. The trial court denied the writ. We conclude that the initiative petition complies with section 9201, and reverse.

FACTS AND PROCEDURE

We Care—Santa Paula (We Care), an unincorporated association, is the sponsor of a proposed initiative to amend the general plan of the City of Santa Paula.

The text of the proposed initiative provides in part: “A. This initiative hereby Amends the General Plan Land Use Element adopted on or about April 13, 1998, and as amended thereafter, to require any future amendment to the general plan land use element involving a development, proposed development, or land use designation, which would have the effect of increasing the density as currently reflected in the land use element on a gross of 81 or more acres, to be approved by a majority of the voters at a general or special election, [f] B. Until December 31, 2025, the City of Santa Paula shall not, absent approval of a majority of…

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