The Cupertino Courier

Councilmen change 'pink palace' decision

By Pam Marino

Two City Councilmen did an about-face on an "urgency ordinance" last week, barring anyone from building a two-story home on John Way without first going through a public hearing.

The council had already voted in October to require homeowners to get a special permit--which entails a hearing before the Planning Commission--before they could build a two-story home or add a second story on any John Way house.

But since the law wouldn't take effect until Nov. 20, residents wanted an urgency ordinance that would impose the same requirements in the interim.

The urgency ordinance was defeated in October, however, with dissenters Wally Dean and Michael Chang preventing the required four-fifths vote.

But Chang put the issue back on the agenda after learning of plans for a so-called "pink palace" on the corner of John Way and McClellan Road. This time, both Chang and Dean voted with the rest of the Council.

In explaining why he changed his vote last week, Dean said, "I don't care for spot zoning at all, but we've got a bigger problem."

Prior to the original vote in October, Chang said the residents requesting the ordinance had a valid concern in wanting to preserve the character of their single-story-home neighborhood. But he was also swayed by one homeowner, Jaimai Chen, who wanted to build a second-story addition. He compromised by voting against the urgency ordinance--giving Chen a chance to submit her plans before the permanent ordinance took effect on Nov. 20.

The special permit costs approximately $1,100; the council said it would waive that fee for any building plan that comes in while the urgency ordinance is in effect.

The council heard emotional testimony last week from both Chen and the woman who is tearing down the home on the corner to make way for a new house.

Emily Chen, no relation to Jaimai Chen, angrily told the council she believes it is unfair for her to have to submit building plans for review by the commission and her neighbors.

"We have our right to build a house the way we want," Emily Chen said.

Jaimai Chen told the council, "I feel as if someone popped my bubble."

Councilwoman Lauralee Sorensen said the council has a larger responsibility when considering decisions.

"The community is extremely upset about these houses. Our job up here is to listen to the whole community," she said.

A Planning Commission and City Council review of the citywide ordinance that regulates building rules in residential neighborhoods is slated to begin in January.

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