At that time, the city council limited the size of second stories in response to residents' concerns over new two-story homes. During the eight months the council reviewed the changes to the R1 ordinance, residents who were for and against tighter rules to two-story development packed the council chambers.

There have been suggestions to modify the 1999 revised ordinance. At its Jan. 26 meeting, the planning commission will hold a public hearing to review the ordinance, which details such regulations as maximum area allowed, setback and second-story rules. Design guidelines with pictures are also available for reference.

Amendments to the ordinance will affect roughly 10,000 single-family homes in Cupertino.

"The spirit of the R1 ordinance is to balance property owners' opportunities to develop their land with protecting neighbors from the negative impacts related to new development," said senior planner Peter Gilli.

But ever since 1999, the ordinance has caused confusion and drawn criticism from residents, architects and developers.

Resident Malka Nagel was frustrated when she rebuilt her house in 2001.

Although the R1 ordinance was implemented to avoid too much bulk and mass in a home, Nagel actually had to build a bigger first floor than she intended in order to maximize her second floor. The ordinance stipulates that the second story's floor area ratio has to be within 35 percent of that of the first floor. If the ratio exceeds 35 percent, the applicant must receive a special permit from the city's design review committee.

Resident Victor Hung said he spent months appealing his two-story design to the planning commission and city council last year. His case was first rejected by the city's design review committee because the height of his living room complied with the ordinance but not the guidelines. He finally got the council's unanimous approval because of his neighbors' support.

"Guidelines should not supersede the ordinance," Hung said. "I don't know why I have such a difficult time building the house of my dreams. I want my property rights to be served."

While these residents seek more flexibility in the R1 ordinance, some residents argue the R1 ordinance is not strict enough.

David Budd and his wife, Jennifer Ediyanto, who live near Monta Vista High School, want an R1 ordinance that requires developers of all two-story houses to notify the neighbors. The current ordinance only requires developers whose second story is more than the recommended 35 percent of the first story to notify the neighbors.

"It is important to make sure new development can be in harmony with the neighborhood," Ediyanto said.

Since November of 2002, the staff has proposed some minor technical adjustments to the R1 ordinance and the city council has been reviewing the recommendations from planning staff and commission. In March of 2003, the council decided that while minor adjustments are appropriate, no fundamental change should be made.

At its Oct. 6, 2003, meeting, the council authorized the planning commission to work on such aspects of the R1 ordinance as a design review process, second-story regulations and privacy protection.

Among all proposed modifications, house-size regulations are probably the hottest topic. The proposed modifications include:

*Maximum size of a two-story house (both floors and the garage) is 35 percent of the property size unless a special permit is approved at a public hearing.

*With a special permit, the maximum floor area ratio of a two-story house (both floors and the garage) is 45 percent.

*The maximum size of the second floor is 35 percent of the first floor, including the garage. A 600-square-foot second story is permitted even if it is greater than 35 percent of the first floor.

Planning Commissioner Gilbert Wong assures residents that the city is not trying to relax the R1 ordinance. Instead, he said, the city is trying to make the process more friendly to both applicants and the staff.

Planning Commissioner Marty Miller said he would like to receive input from people who have been through the process.

"There is no intent to have monster homes come back," he said. "There is a delicate balance between property owners' rights and neighbors' rights. That's what we are trying to achieve here."

People who are interested in the issue should check the city's website at http://www.cupertino.org or contact senior planner Peter Gilli at 408.777.3313.