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Cal. Apartment Assn. v. City of Pasadena (2025)

Citation
Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document
Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction
California (state)
Effective Date
2025-12-18

Other Sections in This Document (114)

Full Text

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governmental plan as to amount to a revision also.’ ” (Weber,
supra, 16 Cal.5th at p. 258; see also California Assn. of Retail
Tobacconists v. State of California (2023) 109 Cal.App.4th
792, 834 [“Whether an initiative constitutes an amendment or
revision to the Constitution does not necessarily depend on the
number of constitutional provisions it affects, but on the nature
of the changes it makes.”].)
       For a measure to constitute a revision, “ ‘it must necessarily
or inevitably appear from the face of the challenged provision that
the measure will substantially alter the basic governmental
framework’ ” set forth in the charter. (Weber, supra, 16 Cal.5th
at p. 254; see Strauss, supra, 46 Cal.4th at p. 439; Eu, supra,
54 Cal.3d at p. 510.) “For example, ‘an enactment which
purported to vest all judicial power in the Legislature would
amount to a revision without regard either to the length or
complexity of the measure or the number of existing articles or
sections affected by such change.’ ” (Weber, at p. 259.)
       When evaluating whether an initiative constitutes an
amendment or revision, the challenged measure must be
examined in its entirety. (Weber, supra, 16 Cal.5th at p. 260.)
“While a single provision of an initiative may constitute a
revision standing alone (see Raven, supra, 52 Cal.3d at pp. 340-
341), a proposed initiative may also be a revision based on its
combined effects. (McFadden, supra, 32 Cal.2d at pp. 345-346.)
Viewed in isolation, one provision may not be so impactful as to
change the ‘ “nature of our basic governmental plan” ’ (Strauss,
supra, 46 Cal.4th at p. 441), yet it is possible that the collective
impact of multiple provisions may accomplish such a change.”
(Weber, at p. 260.)