At a Cupertino City Council meeting on Sept. 2, more than 50 Sunnyvale residents petitioned the council members to require Cupertino Village to replace the wooden fence with a masonry wall and close the two pedestrian openings between the shopping center and Linnet Lane. Some of their other concerns include noise, garbage and traffic overflow from the shopping center into the neighborhood.

Because Linnet Lane is right on the border of Cupertino and Sunnyvale, it takes both Cupertino and Sunnyvale city governments to work together to address all the neighbors' concerns. Since Cupertino Village is located in Cupertino, the Cupertino city government can address such problems as noise and debris, while the Sunnyvale city government can address only traffic-related issues such as illegal parking since Linnet Lane is in Sunnyvale.

After meeting with council members, the Linnet residents were frustrated to find that there isn't much Cupertino city government can do to help them.

The fence in dispute is a new fence, erected in early 2003 after a storm damaged the original fence. The original fence was about 5-feet tall, 1 foot higher than the city's required 4-foot height when the shopping center was constructed in 1966.

It was the new fence's height that the neighbors were unhappy about.

"When they replaced the fence in April, the new fence was only 3-feet

tall," said Dean Fujiwara, representative of the Linnet Lane Neighborhood. "We could see the customers at the shopping center from the windows of my house. And they had no problems seeing my house, too."

After the neighbors repeatedly requested the Cupertino city government and the shopping center owner to extend the height of the fence, Cupertino Village extended the fence 2 feet higher in August.

Although the new fence is now as high as the original one, Sunnyvale residents want a masonry fence, which they believe can better block the noise generated by the shopping center's patrons and employees.

According to Cupertino's fence ordinance, a masonry wall is required when new commercial development is constructed next to residential buildings. But since Cupertino Village's fence was erected before the city changed its fence ordinance, the shopping center doesn't have the legal obligation to build a masonry fence.

"The wood fence is legal non-conforming. The property owner has the right to maintain a legal non-conforming structure," said Cupertino Community Development Director Steve Piasecki.

While Cupertino has no authority to require a masonry wall or a taller fence, Cupertino city council members and staff don't support the residents' proposal to close the two openings from the shopping center to Linnet Lane.

As Cupertino Village Shopping Center is one of the most popular centers in the city, the center's demand for parking space exceeds the parking code required by the city. Many patrons park on Linnet Lane, which has prohibited parking on the east side of the street adjacent to the residents' homes. During busy hours such as on weekends and during dinnertime, some patrons park their cars in front of the residents' homes and use the openings to go to the shopping center.

"Some patrons of the Cupertino Village Shopping Center cruise our neighborhood to find parking. They often exceed the 25 miles per hour speed limit, not to mention the illegal parking, illegal U-turns and double parking," said Jerri Hyrne, who has lived in the neighborhood for 10 years.

"As a mother of teenage drivers, I discourage my children from driving down the street. I won't even allow my 11-year-old boy to ride his bike around the block," she added.

Many Sunnyvale residents believe closing the openings would stop patrons from parking their cars in the neighborhood. But the idea was not welcomed by Cupertino council members and planning staff since the city of Cupertino encourages a highly walkable community and these openings facilitate walkability.

"Even if the city wants the opening to be closed, the city cannot force the property owner to cooperate," said planning director Piasecki.

Kitty Yao, owner of Sand Hill Property Company, which manages the Cupertino Village Shopping Center, said she would meet with residents and officials from Cupertino and Sunnyvale to address the residents' concerns.

Charles Cox, who has lived in the Sunnyvale neighborhood for 43 years, said he has seen the shopping center take measures to improve the situation.

"All of the shrubs along Linnet have been trimmed. And the weeds and trash have been removed as well," Cox, 74, said. "I hope they will improve the landscaping along the fence line and be good neighbors."