By Linda Taaffe

The Los Altos neighborhood group opposed to the three-story condominium project approved last month along El Camino Real is preparing to file a lawsuit against the city, council candidate and resident Chris Croudace confirmed.

“They are going to continue to challenge it,” said Croudace, a tax attorney whose name will not appear in the lawsuit but who has given informal legal advice to the group of neighbors called the North Los Altos Neighborhood Association, of which he is a member.

City Manager Phil Rose could not confirm whether a lawsuit had been filed.

The group said the city violated zoning regulations that should have provided a larger buffer between residential neighbors behind the proposed 29-unit complex off Distel Drive.

Neighbors said that a project should have setbacks if it touches any part of residential property. The condominium will abut a residential lot on one corner.

However, the city’s definition of “abut” is when contiguous property lines share more than 8 feet of common space.

The city attorney asked the planning commission to change the zoning code language regarding the description of “abut” to make the intended law clearer before the project went to the council for approval in the summer.

The planning commission voted against the changes.

The council this month approved changes at the city attorney’s request in response to “a threatened litigation,” according to the city agenda.

Under the change, approved by council Sept. 13, the term “abut” applies to residential properties that share more than 8 feet of common property line with commercial developments.

The change puts back in place what was already on the law books previous to a revamp of city codes intended to make their interpretations easier.

Croudace said the purpose of zoning laws in Los Altos is to preserve the rural character of neighborhoods. “I think the goal should be to protect neighborhoods,” Croudace said. “The city is using zoning laws to take the rights of residents away.”

Neighbors said they are concerned that the council’s interpretation will set a precedent for other neighborhoods.