Monte Sereno issues order to stop work on canyon job

By Nathan R. Huff

A development company working in Monte Sereno recently had a stop-work order slapped on its project by the city for the second time in a year.

Construction and Development Services (CDS) has tentatively proposed a four-house development on a piece of land known as the Montaño property. It was ordered to stop all activities on the site after the city discovered a number of saplings and several larger trees had been cut down.

"It was mostly small trees," Monte Sereno building official Howard Bell said, "but it was the number that was a concern."

The company, responding to the city's initial investigation, wrote a letter stating that CDS was doing normal brush and poison oak removal on the property. During the clearing a number of saplings were pulled out of the ground, along with "a few larger, frail plum trees." The letter goes on to state that the larger trees, which CDS claims were dead, frail or already stumps, were removed because the work crew "mistakenly believed removal of these trees was acceptable."

Greg Salack, a director for CDS, said the company was simply maintaining the land, and the work crew made a mistake. "If we were to leave that area unattended, it would encourage the migration of animal species on the property," he said. "The work crew unfortunately misunderstood the directions."

Monte Sereno City Manager Brian Loventhal said the city was doing an investigation and would sit down with CDS representatives to talk about any potential violations.

Bell said that even if CDS was cited for illegal clearing, it was doubtful the company would be fined over the relatively small infraction. "Generally we don't fine people," Bell said. "We try to work out some sort of mitigation measure."

Bell had issued a stop-work order on CDS a year ago for doing similar work near a "sensitive" creek area. This time, he received calls from neighbors of the property who said they heard chainsaws. When he went to investigate, he said he found a number of what appeared to be fresh tree stumps.

CDS is attempting to build four homes on the 10 acres of canyon land. Previous applications on the site have included as many as 10 homes.

Access concerns have continually delayed development of the property. In February, the Monte Sereno City Council ruled out the possibility of using an extension of Via Palomino Road as access to the property. The action thrilled members of the Loma Serena Homeowners' Association, who didn't want to see the development traffic drive through their neighborhood.

Residents of Karl Avenue, the only realistic access remaining, were less enthused with the council decision. They argued the council was placing the full brunt of development on them. Access via Karl Avenue would also be steeper than through Via Palomino.

CDS has since filed a lawsuit against Monte Sereno, arguing that the council's abandonment of Via Palomino was premature and did not satisfy the proper legal requirements for abandoning the road.

CDS has yet to submit a formal development plan for the property.

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