Diablo is an unincorporated community established in the early 1900s located 35 miles east of San Francisco nestled at the foot of Mount Diablo; it includes 390 homes, the Diablo Country Club and a US Post Office.
The Diablo Community Services District (DCSD) is a California Independent Special District formed in September 1969 for the purpose of providing security services to the residents of Diablo, maintaining the roads, culverts and bridges within Diablo and maintaining the equestrian/pedestrian path (Kay’s Trail) between Alameda Diablo and Mt Diablo Scenic Blvd.
DCSD is being sued by seven residents of Calle Arroyo. Also, named as defendants in the lawsuit are Diablo Country Club and other Calle Arroyo property owners.
The plaintiffs assert that Calle Arroyo is a strictly private street, not subject to a public right-of-way, and that DCSD is obligated to prevent the public from using Calle Arroyo.
On October 5, 2018 the Contra Costa Superior Court agreed with the DCSD and ruled that the DCSD does not have the authority to prevent the general public, including cyclists, vehicles and pedestrians, from using Calle Arroyo.
Furthermore, the court stated that the DCSD ordinance code provisions, relied on by the plaintiffs (e.g. those stating that Diablo roads are for Diablo residents and those with legitimate Diablo business), are unenforceable. Since DCSD does not have the authority to exclude the public, it cannot enact ordinance code provisions that purport to do so. The ruling does not impact Diablo’s signage, security or road maintenance.
Click here for Court ruling.
Click here for letter sent to residents Oct 12
Click here for DCSD Formation Document
Parking vehicles opposite each other on both sides of the street is prohibited in Diablo because the roads are narrow and it obstructs passage of emergency vehicles. Park on one side only.
Homeowners are responsible for clearing vegetation that encroaches onto the road and into the creeks that run thru your property.
In 2015 the California Legislature passed Senate Bill 272 which requires govt agencies to create a catalog of enterprise systems that are used by the agency. Attached is the District’s catalog. DCSD SB272