Photograph by Kathy De La Torre
Teri Baron (center) of Saratoga and her riding partner Donna Hare of San Jose both board their horses in Saratoga and ride the trails along Pierce Road. Here, they stand at the mouth of the Segment 13 trail in the Saratoga Parks and Trails Master Plan.
Trail Enthusiasts challenge county
By Kara Chalmers
Now that Santa Clara County has approved a use permit for the Mountain Winery in Saratoga, the Saratoga Trail Enthusiasts plan to file a complaint in state Superior Court, the first step in challenging the ruling of the county's board of supervisors, according to enthusiast James Baron. The enthusiasts are a nonprofit advocacy organization for the city's trails.
The use permit allows the winery to keep functioning as it has been for the past 40 years--as a concert and wedding venue, a site for conferences and business meetings and as a restaurant. Supervisors gave approval on Aug. 15.
The permit will also allow the conceptual expansion of the winery--specifically a 750-seat increase in the concert bowl.
The county planning commission approved the winery's permit in March, but the city of Saratoga and the Saratoga Trail Enthusiasts both appealed the commission's decision to the board of supervisors.
At the time of its appeal, the city held that traffic, noise, trails and parking concerns were not dealt with adequately and that the permit should cover only current uses, not future expansion plans. While the city reached agreement with the winery before the use permit was granted, the Trail Enthusiasts did not. In approving the permit Aug. 15, the supervisors denied the enthusiasts' appeal.
According to Baron, the enthusiasts' complaint incorporates all the points of contention with the entire environmental impact report (EIR), which he says contains flawed and inaccurate data. A consulting firm selected by the county and paid for by the applicant prepared the EIR.
The Trail Enthusiasts have already retained land use attorney Robert Logan, who is the city attorney for Monte Sereno, as their lead counsel. Logan will file the complaint, or writ of mandamus, on the enthusiasts' behalf. Baron added that the enthusiasts hope to obtain a stay on any progress with the project.
The enthusiasts wanted the winery to grant a trail easement on a portion of winery property located in Saratoga, alongside Pierce Road. Pierce Road is the narrow mountain access road to the winery facility and its length is in the city limits. The road, as with others in the city, is curving in keeping with the rural character of Saratoga.
The trail segment is part of the city's master plan developed in 1991 for trails.
The enthusiasts say the easement is a necessary mitigation measure since winery-associated traffic on Pierce Road impacts the bikers, pedestrians and equestrians who use the road since there is not a trail that runs parallel to it. When denying the Trail Enthusiasts' appeal, the supervisors held that they could not require the winery to grant the easement
During the many hearings on the use permit, Pierce Road residents and other nearby residents testified to the dangerous situation on the narrow, winding road, and how it would only get worse when the winery expands. They tried to make a case for a trail alongside the road, so that they would not have to use the road itself.
Because of the traffic on the road traveling to and from the winery, the many hikers, bikers and horseback riders fear for their safety, according to the Trails Enthusiasts.
"I think that there is a real fear of that and a perception among users that there's a problem because people coming to and from the winery for events are frequently drinking," Baron said. "Statistics have indicated it is a dangerous road and anyone who doesn't believe that should just go up and walk the road for a half a mile."
Accident data was compiled by traffic engineers chosen by the county and paid for by the winery, and, according to the firms, there is no correlation between the accidents and the winery. But the enthusiasts think otherwise. Baron said that the traffic data in the EIR that addresses accidents on Pierce Road, on which the supervisors based their decision, is inaccurate.
"The truth is, we don't know how many accidents have occur because we don't have all the data," he said. "It's a dangerous road at the best of times and the winery traffic doesn't help it."
According to Baron, he doesn't understand the winery's strong resistance to a trail and why they would risk losing the whole project and spending money in legal fees.
The Trail Enthusiasts had also asked for a different trail easement on the part of the winery located in the county's jurisdiction, not Saratoga's. In June, the winery voluntarily agreed to grant that trail easement along the Juan Bautista de Anza National Historic Trail.
The winery has said in writing that it recognizes that when the portion of the winery located in Saratoga is subdivided in the future, the city will require the dedication of a trail there as a condition. However, the letter does not represent a binding agreement. According to Mayor Stan Bogosian, he will push to require the trail dedication if and when the owners submit plans to subdivide, and if he is on the council.
Saratoga, California Since 1955
