Residents ask council to pause Summerhill rezoning, demand full studies and insurance assurances

Residents from the Linda Vista neighborhood urged the Cupertino City Council on Jan. 22 to halt rezoning and the proposed Summerhill (Avios Court) development, saying they were not given adequate notice of rezoning that increases density near open space and existing single-family homes.

At the meeting David Yan, speaking for a neighborhood group, said the Everles/Avios property was not on the original notice list in 2022 and that a narrow notification in 2024 left residents unable to participate in public hearings. He said a 750‑signature petition opposing the rezoning had been filed but not acted on by the city. Yan asked the council to put Summerhill “on hold until an independent investigation” can review how the city decided to notify nearby residents.

Other neighbors framed the issue as a public‑safety and infrastructure risk. Mark Mantazi said the proposal would place a multi‑story building “20 feet away” from his house and described difficulty obtaining and retaining home insurance because of high fire risk. He asked the council to require a full environmental impact report (EIR) that would include drainage modeling across at least 35 acres, a fire‑flow analysis using test hydrant data, domestic water demand and resilience studies, ground‑motion site studies, sanitary sewer flow analysis, traffic and egress studies for evacuation, and peer review by independent experts.

Speakers also said the density change removed a legal path to challenge rezoning impacts because the city had agreed to waive CEQA requirements under a settlement related to the rezone. Roger Costa, representing Rancho Deep Cliff Homeowners Association, urged the city and county to take a more active role in vegetation and hazard mitigation on adjacent public lands and parks, noting a contrast between maintenance on private parcels and chest‑high weeds and dead brush in Stevens Creek Park near the development.

Council members acknowledged the concerns raised during public comment but made no policy commitment beyond listening and directing staff follow‑up. No council action on rezoning or the Summerhill application was taken at the Jan. 22 meeting.

Why it matters: Neighbors say the rezoning and expedited approval processes leave adjacent homeowners exposed to fire, drainage and insurance risks and reduce their ability to participate in decisions that affect property values and safety. The requests for an independent review and expanded environmental studies, if granted, could delay project approvals and change required mitigation.

What’s next: The speakers asked the council to pause processing of Summerhill and to require the developer to fund independent technical studies and an insurance guarantee for nearby owners. The transcript shows no final council direction on those specific requests; council members asked staff to continue monitoring the situation and to respond to residents’ questions about hydrant tests and interagency coordination.