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| |  DepartmentsCouncil Staff Report - Winding Way Annexation (March 08, 2004)Staff ReportDate: March 8, 2004
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 RecommendationStaff recommends that the City Council approve the Mitigated Negative Declaration and the Zoning District Boundary Amendment/Prezoning per the attached draft Ordinance and Resolution. BackgroundThe proposed project was first reviewed by the Planning Commission on October 21, 2002. The Planning Commission unanimously adopted a resolution recommending City Council adoption of the ordinance 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.
On January 8, 2003 the applicant requested a continuance of City Council consideration of the project in order to conduct further biological analysis based on neighborhood concerns. In order to comply with the requirements of the Department of Fish and Game for biological analysis of endangered plants, several site visits were required to be conducted in the summer months during the flowering season.
Supplemental biological information was then incorporated into the Draft Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Plan. These documents were recirculated for the required review period under CEQA. On November 3, 2003, the Planning Commission unanimously adopted a resolution recommending City Council adoption of the Zoning Ordinance Amendment/Prezoning and Mitigated Negative Declaration.
The item was then scheduled for the December 8, 2003 City Council Meeting. On the day of the meeting, Staff received letters from attorneys opposing the project based on environmental issues. Staff and the applicants determined that a continuance of the item to a future meeting date was appropriate in order to provide responses and supplemental information to these letters, and to provide the City Council with an opportunity to review responding information. Staff amended the draft Initial Study and Mitigated Negative Declaration and recirculated the drafts for the appropriate review period. Site DescriptionThe 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 to adjust the lot lines so that each parcel is at least 20,000 square feet for the purpose of constructing five new single-family homes. In order to create five 20,000 square foot lots to meet the minimum lot size requirements for "developed" properties as stated in the annexation policies, a small portion (100 square feet) of Winding Way would need to be abandoned and dedicated to the properties.
The sites are located on a west-facing slope, 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 a 30% to 50% slope.
Common wildlife species observed by a certified biologist1 include black-tailed deer (Odocoileus hemionus), Californa quail (Callipepla californica), Northern flicker (Colaptes auratus), savannah sparrow (Passerculus sandwichensis), Stellar’s jay (Cyanocitta stelleri), Western scrub jay (Aphelocoma californica), Western fence lizard (Sceloporus occidentalis), and cabbage white butterfly (Pieris rapae).
The project area is set in a gully, which is part of the Pulgas Creek watershed2. An unnamed creek drains from the ridgeline through the bottom of this gully to Pulgas Creek, downstream from the site. The project area contains three vegetative riparian habitat types, Coastal sage: scrub, and annual grassland.
The unnamed creek supports a well-developed riparian corridor. Dominant vegetative species present include, Coast live-oak (Quercus agrifolia), California buckeye (Aesculus californica), blue elderberry tree (Sambucus mexicana), poison oak (Toxicodendron diversilobum), and non-native Himalayan blackberry (Rubus discolor). Riparian habitat provides important foraging, refuge, and watering opportunities for many common species of wildlife, such as a black-tailed deer (Odocoileus hemionus), raccoon (Procyon lotor), red-squirrel (Tamiasciurus hudsonicus), and striped-skunk (Mephitis mephitis). This habitat also provides nesting habitat for many species of birds. No sensitive species of plants or wildlife were observed.
In order to conduct a complete biological environmental analysis, the applicant has submitted two options for construction of the five homes. The proposed options are not part of the Zoning District Boundary Amendment/Prezoning application request but as stated above provide for a comprehensive analysis of any biological impacts.
Option 1, calls for three of the homes (APN 049-140-660, 049-141-670, 049-141-680) to be constructed in an "uphill" style with driveway access facilitated by bridges, connecting to the western portion of Winding Way. The "driveway access bridges" would cross the unnamed creek, providing access to a lower level garage. The houses would be constructed into the side of the hill above the garage level. On APN 049-020-010, the house would also be constructed in an "uphill" style. In this instance, neither the house nor driveway cross or are located within 30 feet of the streambed. This option does not include work below the top of bank. The driveway access bridges would free span the creek. All houses must be setback from the creek a minimum of 25 feet. The house proposed on APN 049-141-690, would be a "downhill" style residence with the house constructed at the same level as the garage and the second floor below it. The house would not encroach on the area of the creek. (See Initial Study and Mitigated Negative Declaration Attachment 8).
Option 2 calls for the three houses on APN 049-141-660, APN 049-141-670, and APN 049-141-680 to be configured as "downhill" style dwelling units. They would be located above and away from the creek, taking access from the eastern portion of Winding Way. The other two residential plans are the same as in Option 1. (See Initial Study and Mitigated Negative Declaration Attachment 8).
Grading quantities for Option 1 total approximately 4,010 cubic yards and for Option 2 total approximately 3,535 cubic yards as detailed in the following table.
| Approx. Grading Quantities in cubic yards |
|---|
| Option 1 | Option 2 | | Lots | 1,280 | 805 | | Road Improvement | 2,730 | 2,730 | | Total | 4,010 | 3,535 |
The road grading and improvements for the project do not require the placement of any material into the creek itself. Installation of culverts at minor gully crossings will prevent hydrologic disconnection and preserve the flow levels in the creek. Grading on the site is expected to be a balance of cut and fill. That is material taken from one area is placed in another to create the appropriate road bed. The project drawings as they relate to the road through the project area indicate that this material will be cut from the uphill side of the existing fire road.
The properties would connect to the sewer located in Chesham Avenue, which is located in the Devonshire County Sanitation District and continues through the City’s sewer system.
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1EIP Associates May 2003 site visit
2Based on the USGS 7.5-minute Woodside Quadrangle, the headwaters of Pulgas Creek are located about a quarter mile in a straight line to the northwest of the annexation area. The headwaters are about 0.3 miles upstream on Pulgas Creek from its confluence with the creek that flows through the annexation area.
RequestThe applicant is requesting approval of a Mitigated Negative Declaration and 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. AnalysisA. Environmental Background
Environmental Impact Report October 1986
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".
Initial Study and Negative Declaration April 2001
An Initial Study and Negative Declaration were prepared in April 2001 for revisions to the General Plan Residential Annexation polices. This General Plan Amendment addressed the development potential in the Devonshire Canyon Area. The Study anticipated approximately 29 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.
Future Development Potential in Devonshire Canyon
The City of San Carlos Planning Staff prepared a study entitled "Cumulative Impact Analysis for Development Potential in the Devonshire Canyon Area" in September 2003. That study concluded that if the remaining unincorporated undeveloped property in Devonshire Canyon were developed under the jurisdiction and regulations of San Mateo County, there could be up to 573 new homes built in that area. If all the remaining area unincorporated area in Devonshire Canyon were to annex to the City of San Carlos, up to 29 new homes could be built in that new area. The five new homes proposed as part of the current Winding Way Annexation proposal are included in these totals. With the proposed project, it is anticipated that development would most likely occur over a 10 to 20 year time period in the Devonshire Canyon Area due to the City’s minimum lot size requirements, accessibility, and feasibility of development. Staff also researched developed properties in the County and the possibility to subdivide these properties once sewer is available to them. Staff determined that these properties are already connected to the sewer system and no additional sewer connections are available for these properties.
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3The hypothetical development potential identified for the Devonshire Canyon Area is helpful to assessing the maximum cumulative impact. B. Environmental Review
Initial Study October 2003
An Initial Study was prepared by Staff in November 2002, 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 Mitigated Negative Declaration and Draft Mitigation Monitoring Plan Attachments 8 and 9, "Environmental Information"). The original Initial Study, Draft Mitigated Negative Declaration and Mitigation Monitoring Plan were available for public review between November 20, 2002 and January 13, 2003. The second amended Study was available for public review between October 13, 2003 and November 3, 2003.
The amended Study included a biological survey prepared by EIP Associates. EIP Associates conducted four separate site visits to evaluate the suitability of habitat to support sensitive species. This document evaluates environmental impacts for both Option 1 and Option 2.
Amended Initial Study and Mitigated Negative Declaration
The amended Study was available for public review between February 17, 2004 and March 8, 2004. The amended Study provides enhancements analysis and mitigations. The study concluded that these impacts could be mitigated to a level of insignificance. In addition, the Study further analyzes cumulative growth, drainage and traffic impacts.
Key environmental issues identified, were as follows:
Biological Resources
Three site visits were conducted by a certified botanist on June 2, July 2, and July 29, 2003. This is a requirement of the California Department of Fish and Game (CDFG) which requires three site visits during the flowering season. Although there are no reported occurrences of sensitive plant species within the project area, the Coastal sage scrub and annual grassland habitats provide suitable areas for bent-flowered fiddleneck (Amsinckia lunaris), San Francisco Bay spine-flower (Chorizanthe cuspidate var cuspidate), San Francisco campion (Silene verecunda ssp. Verecunda), and Santa Cruz Manzanita (Arctostaphylos andersonii). Therefore, development of these parcels has the potential to affect these sensitive species if they are present. However, these sensitive species do not exist on this project site.
Only two sensitive animal species have the potential to occur within the project area. If present, they could be affected by construction activities to the placement of structures within the stream or riparian corridor. None of these species were observed during the May 2003 preliminary field survey. The California red-legged frog (Rana aurora draytonii) is a Federally Threatened species and a California Department of Fish and Game fully-protected species of special concern. This species is highly aquatic in nature and prefers ponds and deep slow-moving streams for breeding habitat. The shallow stream of the project area does not contain suitable red-legged frog breeding habitat (pools). No red-legged frogs have been reported specifically from the project area and they are unlikely to use the site. The San Francisco dusky-footed woodrat (Neotoma fuscipes annectens) is a State species of special concern that is found in densely vegetated riparian corridors. The Natural Diversity Database (CNDBB) reports a single occurrence of nesting San Francisco dusky-footed woodrats near Crystal Springs Reservoir. Construction of access roads through the riparian corridor could affect either of these species if they are present.
Implementation of Option 2 would not result in construction near the creek, therefore no biological impacts would occur. Development of the site would require removal of portions of the riparian communities if Option 1 is selected. The riparian corridor is considered a sensitive community by California Department of Fish and Game (CDFG). Construction of access roads (driveways) through the riparian corridor4 could require removal of some of this vegetation. The riparian communities would not be affected by the widening of Winding Way. For Option 1, the location of the house on Lot APN 049-141-660 (the northerly most house) would encroach into the riparian community and the two other houses with driveway bridges could possibly encroach into the riparian community5. In order to reduce this impact to a less-than-significant level, the houses would be located so that they do not encroach into the riparian community thereby, avoiding the impacts to the riparian habitats. During site design review, Staff will require appropriate setbacks, erosion control measures, and other best management practices to address potential creek habitat impacts from construction.
On October 14, 2003, EIP conducted a site visit and mapped the riparian corridor. (See attachment 15). For Option 1, the location of the house on Lot APN 049-141-660 (the northerly most house) would encroach into the riparian community and the other two other houses with driveway bridges could possibly encroach into the riparian community6. In order to reduce this impact to a less-than-significant level, the houses would be located so that they do not encroach into the riparian community thereby, avoiding the impacts to the riparian habitats. As stated above Option 2 would not result in construction near the creek, therefore no impacts would occur.
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4Riparian Corridor or Riparian Area is defined according to the California Riparian Systems: Ecology, Conservation, and Productive Management (Warner, R.E. and K. Hendrix, 1984) as an area pertaining to the banks and other adjacent terrestrial environs of freshwater bodies, watercourses, estuaries, and surface-emergent aquifers, whose transported freshwaters provides soil moisture sufficiently in excess of that otherwise available through local precipitation to potentially support the growth of the mesic vegetation. Mesic vegetation is that vegetation which requires moist conditions for growth.
5EIP memo dated October 14, 2003 and Riparian Corridor Mapping for Options 1 and 2. The term "encroach" is used to discuss the relationship between the proposed building sites, driveways and the riparian area. The proposed building site may overlap the mapped riparian corridor.
6EIP memo dated October 14, 2003 and Riparian Corridor Mapping for Options 1 and 2. The term "encroach" is used to discuss the relationship between the proposed building sites, driveways and the riparian area. The proposed building site may overlap the mapped riparian corridor.
Hazards and Hazardous Materials
The project site is located within the wildland fire hazard area as shown on the Community Safety Factors map on page CS-9 of the General Plan. As stated in the General Plan "Land use decisions which are likely to expose the public to a significant degree of hazard shall be analyzed through the environmental review process and when needed, measures will be required to mitigate hazard exposure through design criteria and standards enforcement". Incorporation of mitigation measures such as improving Winding Way to a 22-foot wide road width, installation of fire hydrants; and fire sprinkler system to the newly constructed homes and vegetation management 100 feet from around the proposed structures would reduce impacts to a less-than-significant level.
It should be noted that vegetation management around the structures to accommodate fire safety requirements and the ability to meet erosion and sediment control measures can be met. Vegetation management involves pruning, thinning, and/or altering the vegetation.7 This method does not clear cut the area and enables erosion and sediment control measures to be met with proper mitigations.
Management of vegetation for fire safety as required in VII (h) could result in the removal of riparian vegetation and would be considered a potentially significant impact unless mitgated. Complete removal of vegetation shall not be allowed as this would increase erosion and sedimentation and result in the wholesale removal of riparian habitat. However, lower tree limbs can be pruned to prevent fuel laddering. This would preserve the integrity and function of the riparian canopy. Existing understory plants should be replaced with more fire safe species chosen and installed in consultation with the City and the California Department of Forestry and Fire Protection. Preference shall be given to California native species. Implementation of these measures would maximize fire safety while reducing impacts to the riparian corridor to a less-than-significant level.
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7Structural Fire Prevention Field Guide, California Department of Forestry and Fire Protection, April 2000.
Hydrology and Water Quality
Implementation of Option 2 would not result in construction near the creek, and therefore, no hydrological impacts would occur. Option 1 could potentially alter the course of the unnamed creek because foundations associated with the three driveway bridges would be placed in the creek bed. In order to avoid potential impacts to the creek, abutments, wing walls, and other facilities should be constructed above the high-water level of the creek. The high-water level should be determined using the 100-year storm event. Implementation of this approach would result in less-than-significant impacts to the existing drainage, since bridges would free-span the creek. During site design review, Staff will require as part of the mitigation measures appropriate setbacks, erosion control measures, and other best management practices to address potential creek impacts from construction itself. Applicable City codes for grading and erosion control will be observed. Site grading will be restricted between October 15 and April 15. Other measures, such as siltation fences and filtering dewatering discharges through sediment traps, will be used to prevent runoff of sediments.
The existing drainage pattern of the site would be altered by the construction of new, impervious surfaces, including the roofs and flat surfaces of the five proposed houses, new paved driveways and driveway bridges, and the paving and widening of Winding Way. The Upper Pulgas Creek storm drainage improvement project, constructed in 1987, was designed to accommodate the storm flow from the complete development of the Upper Pulgas Creek drainage basin. The runoff from the project area was calculated to include the possible future development of the properties and was assessed accordingly8. The proposed project would not exceed the capacity of downstream drainage systems. In order to eliminate eroded material into the City’s retention basin located downstream from the project erosion controls measures must be installed. Given the above, impacts associated with additional run-off would be considered less-than-significant.
Staff is requiring the applicant’s engineer to demonstrate to the satisfaction of the City Engineer that the runoff of the project will not exceed the capacity as determined by the Upper Pulgas Creek Assessment Drainage Basin Assessment District formed in 1987 and no additional runoff during peak storm period can occur.
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8Final Environmental Impact Report Upper Pulgas Drainage Basin Assessment District, November 21, 1986, Page 31, "The proposed drainage improvements have been designed to accommodate 25 to 100 year storm flow from future development".
Public Services
Since the proposed project would only slightly increase population, school enrollment and the demand for other governmental services would not be affected as a result of the proposed project. Police and Fire protection to the site could potentially be impacted unless Winding Way is improved to City standards. A mitigation measure is proposed as a condition of project approval to construct a new 22 foot-wide paved street to City of San Carlos standards from the end of the existing City standard improvements on Winding Way from Chesham Avenue to the eastern property line and connect to Wingate Road as shown on Option 2. (Please see Initial Study and Draft Mitigated Negative Declaration for Option 2 Map).
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.
"Less than significant impacts" environmental issues were identified:
Population and Housing
In the case of the proposed Winding Way Annexation project, cumulative projects should include those other projects that have occurred or are reasonably foreseeable in the Devonshire Canyon Area and could together have an adverse effect on resources in the area. Staff has analyzed the full development potential impact of 57 new homes to adequately address cumulative impacts. Although this is a County project, Staff utilized the highest case scenario. Potential effects of greatest concern, based on review of comment letters and work stated in the Initial Study would be biological resources, local storm drainage, traffic, and emergency response. In communications with the County planning staff, there are no foreseeable development proposals for the unincorporated lots in the Devonshire Canyon Area, except for one proposal to subdivide a 7.96-acre parcel into three home sites. While individual property owners may make application to the County for development of their sites, the cumulative effect of individual properties in combination with the five-lot Winding Way annexation proposal would not create significant environmental effects.
Assuming the undeveloped lands in the unincorporated area were to develop at the County’s minimum lot size of 5,000 square feet, a total of 57 homes (including the five proposed as part of the project) could be built in the Devonshire Canyon Area, according to the City’s September 2003 analysis of development potential. Since the unincorporated areas outside the Devonshire County Sanitation District are not connected to publicly owned wastewater treatment plants, these individual home sites would need to be on septic systems. Taking into account the area’s steep topography and need for percolation tests to determine the adequacy of the home sites for septic systems, it is reasonable to expect that the total development of the Devonshire Canyon Area would be less than 57 units. Regardless of the absolute number of potential home sites, cumulative development in the Devonshire Canyon Area would either result in less-than-significant effects or measures would be imposed by the appropriate agencies that would reduce the effects to less than cumulatively considerable, as described below.
Cumulative development in the Devonshire Canyon Area would reduce the biodiversity of the area, but mitigation measures have been recommended for the proposed project to reduce the project’s contribution to less than cumulatively considerable. Specifically, the measures call for re-design of the project to avoid disturbance to the riparian vegetation and habitat along the unnamed drainage way that traverses the site and compliance with a tree protection plan to preserve heritage trees and to replace others.
In terms of stormwater runoff, the Upper Pulgas Creek storm drainage improvement project provided for adequate storm drainage facilities and capacities assuming development of the area. In addition, a condition of project approval is submittal of a plan to demonstrate that runoff from the site will not exceed the capacity as determined by the Upper Pulgas Creek Drainage Basin Assessment District formed in 1987. Thus, cumulative effects are addressed and the proposed project’s contribution is reduced to less than cumulatively considerable.
In terms of traffic, full development of the Devonshire Canyon Area would result in a maximum of 57 units. This number of units would generate an estimated 570 daily trips and a maximum peak hour condition of 86 trips. The home sites are dispersed throughout the 600-acre Devonshire Canyon Area, but it appears that most trips would use either Devonshire Boulevard to access major roadways to the east. Depending on the distribution of the traffic, it is assumed as many as two-thirds of the peak hour trips, or 57 additional trips, may use Devonshire Boulevard. Even at this number of trips, impacts on the roadway capacity are less than significant, since the road currently operates at LOS A.
The County Public Works Director has commented on the adequacy of the County roads and has determined that the roads can accommodate the new development and any cumulative development (Please see Mitigated Negative Declaration Attachments-County of San Mateo letter dated February 13, 2004 and March 3, 2004.
Emergency response for fires and medical incidents is provided by the South County Fire Authority (SCFA). The SCFA would impose conditions of project approval on all development to ensure adequate access and availability of water for fire suppression. These measures, plus the recommended wildland fire safety measures for the proposed project, would reduce the effects of the Winding Way Annexation project to less than cumulatively considerable.
South County Fire Authority has also determined with the required road improvements of Winding Way associated with the project that there would be a significant increase in the level of fire safety in the area. (Please see Mitigated Negative Declaration Attachments South County Fire letter date February 13, 2004).
With respect to growth inducement, CEQA requires that local jurisdictions consider whether the proposed project would enable substantial additional development to occur. Improvements to access and extension of sewer services are commonly cited as examples that would permit new development to occur. The proposed project would result in the paving of Winding Way to City standards and connections to the existing sewer lines.
The extension of wastewater services may remove an existing obstacle to development (as noted above, it is not clear how many of the home sites could be developed with onsite septic systems). Assuming that the availability of wastewater services did pave the way for development to occur, access to the City’s wastewater lines would require annexation to the City and adherence to City development regulations. The City has a minimum lot size of 20,000 square feet (compared to the County’s 5,000-square-foot minimum lot size) and restrictive hillside development standards. Based on these standards, the City has estimated that approximately 29 home sites could be developed. This amount of development is not considered substantial relative to the amount of growth projected for the City by ABAG or by the City’s own Housing Element. Furthermore, it has been shown that even if 57 dwelling units were to develop, this growth would not result in significant cumulative impacts. Accordingly, the amount of growth induced by the proposed project would not be expected to result in significant effects.
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. Prezoning of the property shall remain for two years after annexation.
The surrounding properties within the City of San Carlos are zoned R-1/LD Single-Family Residential Low Density. 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. General Plan Consistency
The properties are located within the City’s sphere of influence and in an unincorporated area known as Devonshire Canyon. The General Plan does provide a land use designation for this area of land. The properties in the area are in the Single-Family Residential low density use designation and, therefore, are 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 would apply for abandonment of approximately 100 square feet of the City’s right-of-way along Winding Way in order for APN # 049-141-690 to meet the minimum lot size requirement of 20,000 square feet. Winding Way has an existing 50-foot wide right-of-way with an existing 16-foot wide paved width. Staff is recommending that Winding Way be improved to a 22 foot-wide paved street to City of San Carlos standards from the end of the existing City standard improvements on Winding Way from Chesham Avenue to the eastern property line to Wingate Road as shown on Option 2. (Please see Initial Study and Draft Mitigated Negative Declaration for Option 2 Map).
Residential Annexation Policies
The adopted annexation policies are attached. (See Attachment 5) 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:
Policy #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 is low density single-family residential. 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 surrounding and design standards. The annexation would enable the City to review the design of any new construction on the vacant lots. The new homes would be required to be compatible with the neighborhood. The construction would need to comply with the R-1/L-D zoning standards.
Policy #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. The Local Agency Formation Commission (LAFCO) also requires maintenance of the prezoning for two-years as a condition of the annexation.
Policy #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:
29b. 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 are contiguous to 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 from the end of the existing City standard improvements on Winding Way from Chesham Avenue (County Street) to the eastern property line to Wingate Road as shown on Option 2. (Please see Initial Study and Draft Mitigated Negative Declaration for Option 2 Map). The policy does not apply to this application since the City is not requiring improvements to Devonshire Boulevard, the nearest City Street. The City Engineer has made this determination.
Policy #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 as outlined in this staff report.
Policy #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 public streets (Winding Way).
Policy #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 in Chesham Avenue. The property owners would pay for all costs associated with lateral installation and obtain approval from the City of San Carlos.
Policy #34: The property is within the LAFCO adopted Sphere of Influence for San Carlos.
The parcels are located within the San Carlos Sphere of Influence. (See Attachment 7)
Policy #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 General Plan Open Space policy encourages a contribution of land and/or fees in lieu of dedication for neighborhood park purposes of all new residential subdivisions. As part of the conditions of approval, the applicant has agreed to donate money and dedicate and improve a hiking trail.
Based on Municipal Code Section 18.24.040 (c) only 25% of the site can be developed, with lot coverage10. Section 17.16.030 (lot size standards) allows for 70% of the site to remain ungraded. 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.
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10Lot coverage is defined as the area of the lot occupied by the principal building or buildings and accessory buildings, including all structures exceeding eighteen inches in height.
Annexation policies applicable to developed properties
Policy #36: The City shall not support annexation of developed parcels unless they meet the following criteria.
36b. 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:
36b(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.
The Planning Director and Public Works Director have determined that the project is in a substantially developed area based on the City’s ability to provide a full range of services and the project’s location in an area that is developed with single family homes.
The County General Plan has defined "Devonshire Canyon Area" as an "Existing Urban Neighborhood". An Urban Neighborhood is defined as "those unincorporated areas which are primarily devoted to residential land uses and are generally functionally integrated with adjacent incorporated areas". The project area is located on an unimproved City street and can be connected to the City’s sewer system.
36b(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.
The lots are greater than 20,000 square feet except for one lot which would meet this requirement after a portion of Winding Way is abandoned.
36b(iii). The Infill Lots were created legally.
The lots were created legally by deed dated November 22, 1935 and recorded December 12, 1935 in Book 670 of Official Records of San Mateo County, Page 259 and Subdivision Map entitled "Devonshire Properties Company Amended and Supplementary Map of Subdivision Four" filed in the office of the recorder of the County of San Mateo on April 13, 1926.
36b(iv). Development proposed on the Infill Lots will meet minimum standards for the zoning district to which the Infill Lots are prezoned.
The newly created lots will meet and exceed the minimum R-1/L-D lot size requirements (10,000 square feet).
36b(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 | 40 | | 5 - 19.9 | 30 | | 20 - 29.9 | 25 | | 30 + | 20 |
Regardless of average cross slope, a minimum of 2500 square feet of floor area (including garages) may be developed. |
BudgetThe proposal would result in the addition of five new homes within the City. Although this would result in additional property taxes, expenditures for public services for residential development generally exceed property tax revenues. However, financial impacts associated with the proposal are not anticipated to be significant due to the limited density associated with the proposal. Public CommentPublic comment during the Planning Commission public hearing consisted of neighbors on Kings Court concerned with the project’s 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 dated October 21, 2003 Attachment 12) Subsequent to the meeting, Staff spoke 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 with regards to development of the Devonshire Canyon Area. 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. Concerns generally related to biology, density and growth impacts. This document is available on the City’s website (Attachment 14).
Public comment during the November 3, 2003 Public Hearing consisted primarily of individuals in favor of the project. However, a representative of the Devonshire Canyon Open Space Alliance spoke in opposition to the project and noted that many individuals are concerned and opposed to the project. (Please see November 3, 2003 Planning Commission Minutes Attachment 18).
To date additional public comment has been received concerning environmental issues associated with the project. These issues are addresses in the environmental section of this staff report as well as in the supplemental question and answers (Attachment 14). ConclusionA Mitigated Negative Declaration has been prepared for the subject properties located on Winding Way which concludes that no significant environmental impacts would result from the project. Staff recommends that the City Council approve the proposed Mitigated Negative Declaration on the following findings:
1. The proposed project is in accordance with the environmental plans, goals, and polices of the City of San Carlos:
Basis for finding: The City utilizes CEQA to balance the protection of the environment with appropriate new development. The proposed development includes dedication of a pedestrian/hiking trail as well bridging the riparian corridor.
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, construction 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, and qualified fire, biological, traffic and population experts, 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, mitigation measures 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 following required findings:
1. 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 low density land use designation of the General Plan.
2. 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 densities similar to the surrounding areas and would meet all City safety requirements upon annexation.
3. 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 add approximately 2.63 acres of residential land use to the City, and is consistent with the General Plan goal to maintain and enhance the quality of residential areas within the City of San Carlos. Attachments | |
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