Saratoga's City Council will meet privately with its lawyers on Wednesday, Oct. 7, about the lawsuit challenging its approval of Masson Estates, a 25-home subdivision planned off Pierce Road in the hills near the Mountain Winery.
The 6 p.m. closed session lists the case as Citizens for Responsible and Equitable Development v. City of Saratoga, et al., Santa Clara County Superior Court No. 26CV503751. Closed sessions are not open to the public; the council's regular meeting follows at 7 p.m.
The project
According to the city's project page, Masson Estates would put 25 single-family homes on a 72.45-acre vacant site, with roads, utilities and homes grouped on roughly 18 acres at the north end and the rest left undeveloped except for a 20-foot emergency access road. Five homes would be set aside for lower-income households. The plan calls for removing 367 trees.
The developer applied under the state's builder's remedy, which lets a project bypass local zoning if at least 20 percent of the units are affordable. The Planning Commission denied it on July 8, finding its environmental effects on emergency access and evacuation outweighed its benefits.
On appeal in August, the council approved it unanimously, according to Realtor.com, which quoted one council member saying the approval did not mean the council was dismissing residents' fire and evacuation concerns.
The city's own draft environmental impact report found significant impacts it could not reduce, including on emergency response and evacuation, wildland fire and emergency access.
The lawsuit
The group bringing the case is headed by Michael Burry, the investor portrayed in "The Big Short," according to The Real Deal and Realtor.com.