Staff Report

Date: January 9, 2003
To: Michael P. Garvey, City Manager
From: Margaret Netto, Senior Planner
Subject: Mitigated Negative Declaration And Zoning District Boundary Amendment/Prezoning For Properties Located On Winding Way: Assessor’s Parcel Numbers: 049-020-010, 049-141-660, 049-141-670, 049-141-680, And 049-141-690 For Annexation To The City Of San Carlos

Recommendation

Staff recommends that the City Council approve the Mitigated Negative Declaration and the Zoning District Boundary Amendment/Prezoning per the attached Ordinance Amendment.

Background

On October 21, 2002 the Planning Commission unanimously adopted a resolution recommending City Council adoption of the ordinance amendment prezoning approximately 2.63 acres known as Assessor's Parcel Numbers (APN): 049-020-010, 049-141-660, 049-141-670, 049-141-680, and 049-141-690 to the Residential Low Density (R-1/L-D) zoning district.

Public comment during the public hearing consisted of neighbors on Kings Court concerned with the impact on their property values, overall development of the area and the lack of time to review the proposed project. One person spoke in favor of the annexation primarily because the project would improve fire safety in the area. (Please see Planning Commission Minutes Attachment 12) After the meeting, Staff had the opportunity to speak with the neighbors to help them understand the project and discuss any specific issues.

Since the Planning Commission meeting Staff has received many comments from concerned neighbors in regards to development of the Devonshire Canyon Area. (Attachment 13) In response to the many concerns, Staff has personally corresponded with each inquirer as well as published a Frequently Asked Questions document to help address public concerns. This document is available on the City’s website (Attachment 14).

Site Description

The subject properties are located in unincorporated San Mateo County (Devonshire Canyon area) adjacent to the City limits of the City of San Carlos. The annexation request includes five separately owned properties located on Winding Way APN #049-020-010, 049-141-660, 049-141-670, 049-141-680, and 049-141-690 off of Chesham Avenue, totaling 2.63 acres. The properties are undeveloped and range in size from 16,258 square feet to 34,570 square feet. The applicants intend on adjusting the lot lines so that each parcel is at least 20,000 square feet, to build five new single-family homes. In order to create five 20,000 square foot lots a small portion (100 square feet) of Winding Way needs to be abandoned. Staff is also requesting that once the road improvements are designed that the remaining right-of-way area be abandoned. The request is to pre-zone the five parcels to Residential Low Density (R-1/L-D) for annexation to the City of San Carlos.

The sites are located on a west-facing slope of the canyon, traversed twice by a switch back in the alignment of Winding Way. Winding Way is an existing 16-foot wide improved dirt and gravel road with an unlocked gate and key box located at both ends of the street. As part of the Hyde Park Estates subdivision, Winding Way was dedicated to the City of San Carlos as a 50-foot wide secondary emergency access road for the subdivision. The topography on the sites ranges from 30% to 50% slope with a creek running through the property. Vegetation on the site consists of young to mature oaks trees, manzanita, and bay trees as well as native grasses and poison oak.

The property would connect to the sewer located at Chesham Avenue, which is part of the Devonshite County Sanitation District, and continue through the City’s sewer system.

Request

The applicant is requesting a Zoning District Boundary Amendment/Prezoning for five lots, totaling approximately 2.63 acres, which are currently located in unincorporated San Mateo County and proposed to be annexed to the City of San Carlos.

Analysis

A. Environmental Review

On October 14, 1986 an Environmental Impact Report (EIR) was prepared for the Upper Pulgas Creek Drainage Basin Assessment District which described the environmental effects of installing storm drainage improvements in an area approximately 500 acres in size known as the Upper Pulgas Drainage Basin. The proposed project area was part of that evaluation and assessment based on potential development. The report concluded, "The project area is subject to flooding and erosion problems. The project would enhance long-term productivity by eliminating long-term risks to public health and safety and alleviating existing drainage problems. Although this would increase development potential in the project area, the buildable vacant sites are scattered and the level of density permitted by zoning fairly low, therefore, long-term productivity in the area would not be affected by residential development".

An Initial Study and Negative Declaration were prepared in April 2001 for revisions to the General Plan Residential Annexation polices and addressed the development potential in the Devonshire Canyon Area. The Study anticipated approximately 15 new homes, which included the lots on Winding Way. Based on the information, the environmental document found that the proposed project would not have adverse environmental effects.

An Initial Study was first prepared by Staff, to identify any potentially significant environmental effects associated with this project (Please see the Initial Study/Environmental Checklist section of Attachment 8) The Initial Study identified several potentially significant effects that could result from the project, related to biological resources, hydrology and public resources. However, the study concluded that these impacts could be mitigated to a level of insignificance. A mitigation monitoring plan was then prepared which provides measures to alleviate these identified effects to a point where no significant effect on the environment would occur (Please see the Negative Declaration and Draft Mitigation Monitoring Plan section of Attachment 9, "Environmental Information"). The complete Initial Study, Draft Mitigated Negative Declaration and Mitigation Monitoring Plan were available for public review between November 20, 2002 and January 13, 2003.

• Biological Resources
  The study found that the project site could have an effect on habitat modification or "sensitive species" in local or regional plans and riparian habitat. However, based on the County's California Natural Diversity Data Base Biological Inventory Map there is no existence of unique, rare or endangered species of plants and animals on the site. Any wildlife in the area would be relatively undisturbed. Streambed alteration permits and other review may be necessary from the US Army Corp of Engineers and/or the California Department of Fish and Game.
  
• Hydrology
  Grading of the site to accommodate five new homes would require alteration to the existing drainage pattern. Grading plans have not been presented as part of this application. Further environmental review would be required of the grading and drainage plans. The proposed Mitigation Monitoring Plan requires that the drainage system not contribute runoff, which would exceed the capacity of the downstream storm drainage systems. The project does not lie within the 100-year floodplain, and the area has not been subject to flooding when heavy rains occur.
  
• Public Services
  The proposed project would only slightly increase population, school enrollment and the demand for other governmental services. The proposed Mitigation Monitoring Plan requires the construction of a new 22-foot wide paved street to the City’s rural standards from the end of the existing City standard improvements on Winding Way completely around the project site. Improvement of Winding Way will also aid in fire protection safety of the canyon area.
  
• Seismic Ground Shaking
  The project area could be subject to strong seismic shaking. However, this would exist regardless of the requested prezoning. The project Geotechnical Investigation addresses the general geology and soil conditions of the site and makes recommendations on how to mitigate potential ground shaking. As part of the project, the applicant would be required to comply with the recommendations of the project geotechnical consultant, the City geologist and the Uniform Building Code.

The Initial Study and Draft Mitigated Negative Declaration conclude that potentially significant impacts associated with the proposed project are rendered insignificant by the Mitigation Monitoring Measures that append the Initial Study.

B. General Plan Consistency

The properties are located with in the City's sphere of influence and in an unincorporated area known as Devonshire Canyon. The General Plan provides a specific land use designation for this area. The properties in the area are in the Single-Family Residential land use designation and, therefore, the proposed prezoning is consistent with the General Plan. The Zoning Boundary Amendment and annexation allows for a logical planning boundary consistent with the Local Agency Formation Commission (LAFCO) standards for evaluation. Once the annexation is complete, the applicant needs to apply for abandonment of approximately 100 square feet of the City's right-of-way along Winding Way. Winding Way has an existing 50-foot wide right-of-way with an existing 16-foot wide paved width. Staff is recommending that the road be improved to a 22-foot wide road to the City's rural standards.

C. Prezoning

Prezoning is the initial step leading to annexation of a property. The Prezoning designation would be the zoning district applicable to the property upon annexation.

The surrounding properties within the City of San Carlos are zoned R-1/LD Single-Family Residential. This zoning district is also consistent with the General Plan designation of Single-Family Residential. It is recommended that the subject properties be prezoned to the R-1/LD Single-Family Residential-zoning district.

D. Residential Annexation Policies

The adopted annexation policies are attached. (See Attachment 4) Following is an analysis of all applicable policies. These policies supersede the previous Devonshire Canyon Annexation Policies in the General Plan.

Policies Applicable To All Residential Annexation Applications General Requirements And Policies

27. The City shall endeavor to retain the neighborhood character of the residential areas it annexes as defined by the existing neighborhood buildings and facilities and the residents' desires.

The neighborhood character of the area would not be changed by the proposal. The five new homes would be built on large lots for the neighborhood, which would allow the homes to be designed to blend in well with the natural surroundings. The average lot size for the area is approximately 12,000 square foot lots. The annexation would enable the City to review the design of any new construction on the vacant lots. The construction and design would need to comply with the R-1/L-D zoning standards.

28. Parcels proposed for annexation to the City shall be prezoned. Prezoning shall remain the same for two years after annexation. To retain the existing character of the area, prezoning shall not allow lot sizes smaller than that allowed under County zoning standards.

Prezoning would be accomplished pursuant to this application and the lots are not substandard in size with respect to the County zoning standard, which is a minimum of 5,000 square feet for the four lots on Winding Way and 20,000 square feet for the larger parcel (APN # 049-020-010). The Local Agency Formation Commission (LAFCO) also requires maintenance of the prezoning for two-years as a condition of the annexation. Once the lots are reconfigured and a small portion of the Winding Way right-of-way is abandoned they will meet the minimum lot size requirements for the annexation policies as well as the R-1/LD zoning requirements.

29. Prior to annexation of parcels, public services and facilities, including drainage facilities meeting City standards shall be installed or provisions for their installation shall have been made to the satisfaction of the City Engineer. Public services and utilities include:

Construction of streets meeting City subdivision street standards from the terminus of City streets currently meeting City standards to and throughout the subdivision. Where possible and appropriate and subject to environmental, health and safety considerations, rural road standards shall apply. Reimbursement agreements may be used to reimburse the developer for installation of portions of the street, which is the responsibility of the owner of abutting unimproved lands at the time of their development. Private streets and facilities satisfactory to the City Engineer with adequate provision for their maintenance may be acceptable in lieu of public streets and facilities.

The properties front on Winding Way, which is a City public street. As part of the annexation, Winding Way will be improved to the City's 22- foot wide rural road standard to Chesham Avenue (County street). The policy does not apply to this application since the City is not requiring improvements to Devonshire Boulevard, the nearest City street.

30. Annexed residential development shall comply with all Residential Land Use and Public and Quasi-Public Land Use General Plan Policies.

The proposed annexation would comply with all residential land use and public and quasi-public land use General Plan policies. Any new development is required to have water conserving plumbing fixtures and encourage the use of drought tolerant vegetation to reduce the need for irrigation.

32. The parcels are contiguous to parcels located in the City of San Carlos and contiguous to public streets or to improved private streets where the maintenance, satisfactory to the Director of Public Works, is provided by a homeowners' association or other acceptable method.

As noted above, the parcels are contiguous to parcels located in the City of San Carlos and contiguous to San Carlos public streets.

33. The parcels are connected to the City's sanitary sewer system or can be connected to the City's sewer to the satisfaction of the City Engineer. All costs of installation of new sewer systems and laterals shall be at the homeowner's expense including inspection, plan check fees, other city fees and annual sewer service charges. Policy 33 shall apply to such parcels.

The vacant properties when constructed would connect to the sewer located at Chesham Avenue. The property owners would pay for all costs associated with lateral installation, and would be required to obtain approval from the City of San Carlos.

34. The property is within the LAFCO adopted Sphere of Influence of San Carlos.

The parcels are located within the San Carlos Sphere of Influence. (See Attachment 7)

35. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City's General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with.

Conditions of Approval are incorporated in the draft Zoning District Boundary Amendment. The Open Space General Plan policy encourages that future development in a creek watershed area attempt to preserve significant stands of vegetation, scenic resources, soils and excessive slopes. Based on Municipal Code Section 18.24.040 (c) only 25% of the site can be developed, allowing for 75% of the site to remain undisturbed. The applicant has agreed to dedicate a pedestrian/hiking trail easement on the project site to ensure that a portion of the area would be preserved.

Annexation Policies Applicable To Developed Properties

36. The City shall not support annexation of developed parcels unless they meet the following criteria

36a. Where a few infill vacant lots (hereinafter "Infill Lots") exist in areas that are substantially developed, and such infill lots are immediately adjacent to the City boundaries, annexation may be supported where the following criteria are met:

i. The Infill Lots are in an area that is substantially developed as determined by the Director of Planning and the Director of Public Works.

ii. The Infill Lots are not in common ownership with adjacent developed or undeveloped parcels on (insert date of adoption) or are greater than 20,000 square feet in area.

iii. The Infill Lots were created legally.

iv. Development proposed on the Infill Lots will meet minimum standards for the zoning district to which the Infill Lots are prezoned.

v. Development on the Infill Lots will meet the maximum floor area standards for hillside development as set forth in the Table immediately below.

Table for Hillside Development Average Cross slope of Project Site (%) Floor Area as a Percent of Total Lot Area 0 - 4.9 5 - 19.9 20 - 29.9 30 + 40 30 25 20 Regardless of average cross slope, a minimum of 2500 square feet of floor area (including garages) may be developed.

The vacant parcels comply with the policies. Any new development will meet the minimum standards for the R-1/L-D zoning district.

Budget

There is no budget impact to the City and the applicant will pay for all fees associated with the project.

Conclusion

A Mitigated Negative Declaration has been prepared for the subject properties located on Winding Way and have concluded that no significant environmental impacts would result from the project. Staff recommends that the City Council approve the proposed Mitigated Negative Declaration.

1. The proposed project is in accordance with the environmental plans, goals, and polices of the City of San Carlos.

Basis for finding: Initial Study and Mitigation Monitoring Plan, the project would be in compliance with the California Environmental Quality Act, as adopted by the City. The applicant has agreed to dedicate and improve a pedestrian/hiking trail to ensure preservation of significant stands of natural vegetation and scenic resources.

2. The project will not result in any significant adverse effects to the environment:

Basis for finding: The mitigation monitoring plan measures insures that the project will not harm the environment. Site and drainage design requirements as well as structural requirements will serve to mitigate potential visual, runoff and seismic impacts.

3. The Environmental Assessment reflects the independent judgment of the lead agency, pursuant San Carlos Municipal Code Section 21082.1(3).

Basis for finding: In consultation with the Public Works Department, South County Fire, Building Department, Geotechnical Consultant, the lead agency has made an informed and independent determination that any environmental impacts associated with the proposed project should be mitigated with the conditions of approval and applicable regulations.

The Public Works Department, South County Fire Authority, Building Department, Geotechnical consultant and Police Department have all reviewed the application and their conditions have been included in the attached Draft Zoning District Boundary Amendment/Prezoning. Staff believes that the proposed application for Zoning Boundary Amendment is consistent with the General Plan. Staff recommends that the City Council adopt the prezoning ordinance based on the required findings and for the reasons outlined in this report:

4. The change in district boundaries is consistent with the General Plan.

Basis for finding: The properties are located within the cities sphere of influence and in the Single-Family Residential land use designation of the General Plan.

5. The change in district boundaries is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

Basis for finding: The surrounding properties within the City of San Carlos are zoned R-1/LD Single-Family Residential. The proposal maintains the character of the area allows for similar densities in the surrounding areas and would meet all City safety requirements upon annexation.

6. The change in the district boundaries is necessary to achieve the balance of the land uses desired by the City, consistent with the General Plan, and to increase inventory of land within a given zoning district.

Basis for finding: The proposed zoning boundary amendment will by adding approximately 2.63 acres of residential land use to the City, increasing the residential land inventory and is consistent with the General Plan goal to maintain and enhance the quality of residential areas within the City of San Carlos.

Recommended Approval/Denial:____________

Attachments:

1. Draft Zoning District Boundary Conditions of Approval
2. Prezoning Maps
3. Ordinance