The Cupertino Courier

Planners may strengthen home building regulations

By Pam Marino

While planning commissioners have for months listened to residents plead for restrictions against "big houses" in their neighborhoods, property rights advocates have had little to say on the issue. But at last week's planning meeting, property owners came forward, fighting for their right to make changes to their homes. Judging by the commissioners' responses, it didn't do the owners much good.

"To build a large square box in a neighborhood that does not have that as a neighborhood theme is incorrect," Commissioner Jerry Stevens said during the Jan. 26 meeting, after hearing from residents on both sides of the issue.

"Big houses" began emerging in Cupertino neighborhoods after 1988, when the planning commission altered the building rules to allow large two-story homes in the middle of older, single-story neighborhoods.

"The job is to come to the middle ground," Commissioner Orrin Mahoney said. "Sometimes the pendulum swings too far."

At the Monday meeting, the Planning Commission directed the city staff to draw up suggested restrictions on height, mass, setbacks and other issues, and to arrange a public hearing at a date to be announced.

The commission made reviewing the residential building rules--called the R-1 ordinance--a top priority after numerous residents complained to the city last year about the large houses. Residents complained that the houses appear out of place in older neighborhoods, cover too much ground on their lots, steal privacy from adjacent single-story homes and even block sunlight.

Last fall a group of neighbors on John Way were successful in convincing the Planning Commission and the City Council to force future landowners on the street to apply for a special permit if they plan to build two-story homes or add on second stories. The first test of that special permit process comes before the commission Feb. 9, when plans for a two-story home come under scrutiny in a public hearing.

Until last week's meeting, voices of dissent on the issue had rarely been heard publicly.

Rebecca Elliot, public relations officer for the San Jose Real Estate Board, cautioned the Planning Commission against further "erosion of property rights." She warned that additional restrictions could result in lawsuits from frustrated homeowners unable to develop their property as they see fit.

In addition to Elliot, a few residents also told the commissioners they did not want their rights taken away.

"I strongly believe in private property rights, and I don't want to see the city or my neighbors putting restrictions on what I can do with my land," resident Lacy Cantrell said.

Another resident, Linda Roy, agreed. She argued that such limitations would bring down property values. She also contended that most people now want larger homes.

"The reason these homes don't fit in is because the older homes are becoming obsolete," she said.

In response to those who argued in favor of private property rights, residents who want restrictions said their rights are also in question.

"I feel like a prisoner in my own home," Chris Orr said. A large two-story home recently went up next to his house, he said, robbing him of privacy and blocking sun from newly planted landscaping with sun-loving plants.

Another resident, John Luhring, said he would not have purchased his single-story home had he known a large two-story home could be built nearby.

"I very much object to people coming in after the fact and being able to do that," Luhring said.

Compatibility of architectural styles was also discussed at the meeting.

"I ask you not just to ask, 'How big should our houses be?' but 'How should our town look?' " Mark Auerbach said. Auerbach, who lives in Rancho Rinconada, said the numerous "bulky homes" that have been built in that county pocket recently have, in part, prompted residents to seek annexation into Cupertino, which has stiffer rules than the county.

Commissioner Andrea Harris said the city should seriously consider architectural compatibility. In response to one anti-restriction speaker who argued that neighborhoods will deteriorate if they are not allowed to change, Harris said additional controls will not "mean the neighborhood has to deteriorate; it only means [residents] are looking for compatible construction."

Commissioners said they may look at rules that would require builders to use materials that are compatible with surrounding homes. They also want to consider instituting a "daylight plane" that would disallow new homes or additions that completely block sunlight to adjacent homes, and look at other ways to preserve neighbors' privacy.

In a related but separate matter, the commissioners also directed the planning staff to arrange a public hearing to consider the formation of an architectural review committee.

The commission also formally elected commissioner Donna Austin as this year's chairwoman, with Mahoney as vice chairman.

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