Lawsuit threatens Cupertino hillside housing plans

Cupertino resident Mark Fantozzi sued the city and developer SummerHill Homes on May 1 over a 51-unit townhome project approved for Linda Vista Drive, according to local coverage and city records. The suit targets a development the City Council approved 4-1 on April 1 for 10857, 10867, 10877 and 10887 Linda Vista Drive, a 2.53-acre hillside site the city lists as a major housing project. The complaint alleges the city failed to properly study wildfire and evacuation risks in an area identified as a very high fire hazard severity zone. Plaintiffs are asking the court to set aside the approvals and require more environmental review before construction moves forward. ### Which project is the lawsuit trying to stop? The Linda Vista Drive proposal would replace four existing single-family homes with 51 townhomes, including 10 affordable units, near the intersection of Linda Vista Drive and Columbus Drive, according to Cupertino’s project page. The application requires a tentative map, architectural and site approval, and a tree removal permit, and the city says the proposal includes density-bonus waivers and incentives under state law. (sanjosespotlight.com) City records show the Planning Commission recommended approval on Feb. 24 by a 3-2 vote, and the City Council approved the project on April 1 by a 4-1 vote. Councilmember R. “Ray” Wang cast the lone no vote, according to local reporting. ### What does Fantozzi say the city got wrong? The May 1 lawsuit alleges Cupertino approved the project without adequate study of wildfire evacuation capacity along Linda Vista Drive, which the complaint describes as a single-access hillside corridor. (cupertino.gov) Attorney Mark Wolfe, representing Fantozzi, told San José Spotlight the suit seeks to require the city to evaluate fire-safety and evacuation issues “in a public forum” through the usual state environmental review process. Court filings cited by San José Spotlight say resident-submitted estimates projected evacuation times could rise if more development is built in the corridor. The complaint also argues that fire-resistant construction does not resolve broader evacuation concerns during a wildfire emergency. ### Why was the project approved in the first place? (sanjosespotlight.com) Cupertino officials tied the Linda Vista site to the city’s state-mandated housing element, which identifies the property for higher-density housing, according to San José Spotlight and the city’s project page. The parcel had been zoned for single-family homes and was later upzoned to allow multifamily housing. (sanjosespotlight.com) SummerHill Homes is pursuing the project under state housing laws including Senate Bill 330 and density-bonus provisions, city records show. San José Spotlight reported that Assembly Bill 130 was also part of the legal framework city leaders weighed as they considered whether the project could be denied. ### What have city officials and the developer said? (sanjosespotlight.com) At the April 1 meeting, Wang said wildfire safety and evacuation risks drove his opposition. “What’s the consequences if we allow 800 residents to be in a severe fire with no evacuation routes?” he said, according to San José Spotlight. SummerHill Senior Vice President of Development Kevin Ebrahimi told San José Spotlight the company had tried to keep the project compliant with zoning and the general plan while responding to community input where feasible. (archive.org) A city representative was not immediately available for comment when San José Spotlight reported on the lawsuit. (sanjosespotlight.com) ### What approvals are actually under challenge? Cupertino’s April 14 action letter says the council considered a tentative map, architectural and site approval, and a tree removal permit for the 51-unit condominium project. A city resolution separately approved architectural and site approval for 51 townhome-style condominium units and the removal and replacement of eight protected trees at the four Linda Vista Drive parcels. (sanjosespotlight.com) The city’s tentative map resolution also notes setback issues along Evulich Court, while the project page says the development uses housing-element sites 25 through 28. Those are the local approvals the lawsuit is attempting to unwind. (cupertino.gov) ### What happens next in the case? Cupertino’s City Council listed the Fantozzi case for a closed-session discussion on May 11, according to city meeting records surfaced in local reporting. The case was identified there as Mark Fantozzi v. City of Cupertino, SummerHill Homes, LLC, and the city’s project page continues to post application materials and hearing records for the Linda Vista Drive development. (newsbreak.com) (cupertino.gov)