Cupertino sued over housing project in high fire risk area - San Jose Spotlight

A Cupertino resident filed a lawsuit challenging city approval of a multihome development on Linda Vista Drive in a Very High Fire Hazard Severity Zone. The claim alleges violations of state environmental and subdivision laws because the site has limited evacuation access. The lawsuit seeks to set aside the approval and require additional environmental review and evacuation analysis before construction proceeds. The project was approved in April after the city weighed state housing requirements against public safety and infrastructure concerns. The development is tied to Cupertino’s housing element and involves upzoning from single-family to multifamily, which prompted neighbor complaints about notification. The lawsuit alleges the city did not adequately study wildfire evacuation capacity along a single-access hillside corridor and argues that fire-resistant construction features do not resolve evacuation risks during emergencies.

"The lawsuit, filed May 1 by resident Mark Fantozzi against Cupertino and developer SummerHill Homes, alleges the Linda Vista Drive housing project violates state environmental and subdivision laws because the site is located in a "Very High Fire Hazard Severity Zone" with limited evacuation access. Plaintiffs are asking the court to set aside the city's approval of the project and require additional environmental review and evacuation analysis before construction can move forward."

""The lawsuit simply seeks to require the city to evaluate fire safety and evacuation-related issues in a public forum via the standard (state environmental review) process," attorney Mark Wolfe, representing Fantozzi, told San José Spotlight. The claim centers on whether the city properly studied wildfire evacuation capacity and related risks before approving the multihome development."

"Court filings cite resident-submitted evacuation estimates projecting wildfire evacuation times could increase significantly if additional developments are built in the area. The lawsuit also argues that fire-resistant construction features alone do not address broader evacuation concerns during a wildfire emergency, given the corridor’s limited access for nearby residents."

"City leaders approved the project in April and weighed its compliance with state housing laws against concerns about public safety and infrastructure. The proposed development stems from Cupertino's state-mandated housing element, which identifies the site for higher-density housing, after the property was upzoned to allow for multifamily housing."

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