"CCC started out with the attitude that the city is building way too fast to maintain the quality of life in Cupertino," said Dennis Whittaker, one of the nonprofit group's founders. "The city council is elected to represent the people. But I feel they are urbanizing Cupertino against many, if not most, residents' desire."

Whittaker said the bulk and mass created by the Verona Apartments and Cypress Hotel at De Anza and Stevens Creek boulevards attest to the city council's zeal to change the open character of Cupertino.

"We are not the minority. Our views represent at least 75 to 80 percent of the population," added Whittaker, a 57-year-old insurance agent who has lived and worked in Cupertino for 30 years.

It will take a citywide election to verify Whittaker's assertion and that is exactly what the group intends to do.

At a community meeting on Jan. 22, the CCC announced three initiatives it hopes to put on the November ballot.

The three initiatives are:

*Building height initiative: The city will limit building heights to a maximum of 35 feet. This rule applies to all types of new buildings but not to existing ones. Vallco Fashion Park district bounded by Wolfe and Homestead roads, Tantau Avenue and Stevens Creek Boulevard will have an exception of allowing buildings up to 45 feet.

*Density initiative: The maximum density of any development is 15 units per acre, independent of the stories in a building. This regulation is applied to all types of new buildings but not to existing ones. Vallco Fashion Park district will have an exception of allowing mixed use or residences of 30 units per acre.

*Setback initiative: Setbacks from the curb of at least 35 feet are required or a 1.5-to-1 ratio of slope-line distance (which means 1.5 feet of setback for every foot of height). Vallco Fashion Park will have a minimum setback determined by a 1-to-1 slope-line distance ratio.

The three initiatives are far more restrictive than the current General Plan. For example, although the General Plan has different height requirements for different areas in Cupertino, the maximum height is 75 feet for landmark buildings. The Cypress Hotel is 108 feet high because it got a height exception. The Heart of the City Plan allows 35 units per acre, while the Homestead area can have up to 50 units per acre.

"These initiatives place the future of Cupertino in the hands of the citizens," said Ned Britt, who presented the initiatives at the community meeting. Britt, a 62-year-old physicist, has lived in Cupertino since 1974.

When asked at the CCC meeting who would oppose these initiatives, only five out of about 250 participants—including City Councilman Lowenthal—raised their hands.

"The initiatives are unnecessary and can cause unintended consequences," Lowenthal said in a later interview. "Bookstores and movie theaters might not come if these initiatives are passed. They might also hurt residential developments."

City Attorney Charles Kilian said there were some initiatives proposed by residents before but none of them have been put on the ballot. He said that about 20 years ago, one ballot proposing to limit the city council's power to approve development was ruled illegal because of the way it was written.

The wording of the initiatives is just one of the many challenges the CCC needs to overcome.

To get the initiatives on the ballot, a notice of intent must be filed with the city clerk. The city attorney must then provide a title and a summary for each initiative, which must then be published in the newspaper. The group has 180 days after the date of publication to gather petition signatures.

The group must have signatures from 10 percent of the registered voters—2,600—to get the initiatives on the ballot of a scheduled election. With the signatures of 15 percent of registered voters—3,900—the city needs to hold a special election or the city council could adopt the resolutions to avoid the cost of an election.

Whittaker said the group has hired legal counsel to develop the initiatives.

"We will have an easy time gathering the signatures," he said.

Whittaker, along with a number of residents, established the CCC in late 2002 out of his frustrations over the Cupertino Town Center project, the redistricting of Cupertino Union School District's elementary schools and the city's proposal to bring retail buildings closer to the streets.

"People move to Cupertino because of our schools, not for high-rise buildings. But the developments the city council approved have increased the student population and affected our schools," said Malka Nagel, a real estate agent who moved to Cupertino 17 years ago for her sons' education. "We need to preserve what makes Cupertino special."

The grass-roots organization has about 15 active members, and the membership has increased as more people grow disillusioned with the city council, according to Whittaker. At the Jan. 22 meeting, some participants even suggested recalling city council members.

Robert Garten, a retired chemical engineer, learned about and then joined the CCC in late 2003 when he protested against the Oaks project.

"I walk my dog to the Oaks every day. It doesn't look like a dying shopping center to me," said Garten, who has lived in Cupertino for 27 years. "We don't need to tear down the shopping center. We need to bring in the right retailers and revitalize it."

"We are not a lobbyist group. We are just concerned citizens," Garten said.

Mayor Sandy James said she loves to receive input from residents but prefers them to do it in a collaborative way. "We have slowed down a lot of developments during the past three years and supported slow, smart growth," James said. "These people in fact came on board late, but we welcome them to join our team."

Whittaker said all his group wants is a debate about what Cupertino residents really want.

"We don't have political agendas. We don't have political aspirations," Whittaker said. "We just don't like what is happening in our city, and it is going to keep going until some people take a stand."

For more information about Concerned Citizens of Cupertino, check its website at http://cupertino.cc.