Monte Sereno loses court battle over Via Palomino

By Nathan R. Huff

A battle over access in Monte Sereno has spilled into the county courts, resulting in a loss for the city and a win for Construction and Development Services (CDS).

The city has already filed an appeal of the judge's decision, which stated that Monte Sereno had acted prematurely in abandoning a potential access road to a proposed four-home project.

Access to the 10-acre site, known as the Montaño property, has been the biggest obstacle to development. A number of proposals--some with as many as 10 homes--have been made, but disagreements over whether the canyon property should be developed from Via Palomino or Karl Avenue have stalled the project.

The city, under pressure from the 85-member Loma Serena Homeowners' Association, abandoned the extension of Via Palomino in February. While Loma Serena homeowners were elated, residents of Karl Avenue and the developer were upset the council made a decision before formally studying the possible access roads. Access via Karl Avenue is steeper, but a road from Via Palomino would be much longer.

CDS filed a lawsuit against the city, saying the abandonment was illegal. The city argues that the right of way was unnecessary for present or prospective public use, by definition of California's street and highway codes. City council members at the February meeting also argued that abandoning the road was consistent with the General Plan goal to preserve open space.

On Aug. 21, a Superior Court judge sided with the developer, saying that, since Via Palomino may prove to be the best access option, the city is incorrect in stating that there is no prospective public use for the road.

"Because we had an application pending, it was premature for the city to make a decision to vacate an easement that served the property," CDS Director Greg Slack said.

Slack said the company has been frustrated by the lack of direction it has received from the city regarding access and development plans. This has led to a project standstill, according to Slack.

"We can't proceed with any new designs because the city won't give us any feedback whatsoever on whether the development is acceptable," Slack said.

Monte Sereno City Manager Loventhal said the planning department couldn't review CDS's proposal until the company provided enough information to complete the application. "We've been able to give them feedback on any specific question they have, but we haven't been able to review their application," Loventhal said.

A third access option is Smith Creek Drive, which is located in Los Gatos. However, Slack has said the initial response from the town has been negative.

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