The Cupertino Courier

Neighbors do battle with a 'monster'

Cupertino residents say 'pink elephants,' 'monster homes' invade privacy

By Pam Marino

The people who build them and buy them call them home. But neighbors are calling them "pink elephants" and "monster houses."

By any name, the large, towering, two-story stucco houses that sometimes consume entire lots are popping up all over town, much to the dismay of some Cupertino residents.

City Council candidates in the Nov. 4 election said the large homes are the source of many complaints they are hearing out on the campaign trail.

Residents who live near these houses say they lose their privacy from second-story windows with a direct line of sight into their back yards, and they say these houses just don't fit in neighborhoods with older, single-story homes.

One block of residents decided to stop grumbling and take action. The residents of John Way submitted a petition to the Cupertino Community Development Department in June, stating that they wanted to preserve the character of their neighborhood by limiting what kind of two-story homes could be built. Their goal, residents say, is to prevent any "pink elephants" on their block.

"They just look out of place," said Samantha Van Epps, a John Way resident for 37 years. Van Epps and her neighbors said they fear that two homes on their block will soon be turned into the same type of large home that has been built elsewhere in the neighborhood. "We would like a little more control," Van Epps said.

Fifteen of 20 homeowners signed the petition. Three homes are owned by out-of-town landlords, one home was not approached because it faces a different street and one owner, Jimai Chen, refused to sign because she plans to add a second story.

At last week's City Council meeting, a council majority agreed with neighbors that the character of the neighborhood should be preserved and passed an ordinance prohibiting the building of two-story houses on John Way without a conditional use permit. The use permit would require a homeowner to submit building plans to the Planning Commission for a public hearing and a vote.

However, an emergency ordinance to immediately require conditional use permits failed because it did not receive a four-fifths vote. Councilman Wally Dean, the sole vote against the permanent ordinance, and Michael Chang, voted against the emergency ordinance.

Dean said he could not support any ordinance because 100 percent of the owners had not signed the petition.

Chang said he voted for the permanent ordinance because he thought "the neighbors had a very good point," but he voted with Dean against the emergency ordinance because he said he had mixed feelings on the issue.

"It was a very close decision because I weighed both sides," Chang said.

On the other side of the residents was Chen, a single mom who said she worked very hard to buy a home on John Way earlier this year for her three children and 78-year-old mother. Chen is living in Santa Clara until the 46-year-old home she bought at a below-market rate is renovated. The previous owner owned 18 cats, making the home unlivable in its current state, Chen said.

Chen told the Planning Commission in September and the City Council last week that she needs a second story for the extra space and for her "mental and physical health." Chen said frankly that she needs a place to retreat to get a break from her mother, who does not climb stairs.

Chen said she understands the concerns of neighbors, but she only wants an addition--she does not want, nor can she afford, to tear down the house and build a large one in its place. The use permit, which costs approximately $1,100 and takes extra time, would be a financial burden, she said.

Neighbors argued to the council that the generous quarter-acre lots could easily accommodate single-story additions, something most of the residents have done over the years.

Mabel McFarland, a 40-year resident of John Way, told the council that she and her husband raised four children and took care of two elderly parents, all in a one-story home with a large back yard.

But Chen told the council she would have no back yard for her children if she added on in back of the house, because a previous owner built a large swimming pool. To remove the pool would be another financial hardship, she said.

Since the emergency ordinance failed, Chen has until Nov. 19, when the permanent ordinance takes effect, to submit her addition plans to the city and avoid the use permit process.

"I hope, Ms. Chen, that you will cooperate and look for ways to conform to the neighborhood," Mayor John Bautista said after the votes.

Afterward, Chen said she is more than willing to build a house that fits into the neighborhood.

"I almost want to cry," Chen said. "I just want my kids to have the best education; that's why I'm trying to squeeze into Cupertino."

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