Can you build on these lots?
Yes. Based on a preliminary geotechnical report, residential development does appear to be feasible with proper mitigation measures and siting of the proposed homes.
Comment: I am concerned about the Drainage in the area.
Prior to any construction, a Grading and Drainage Plan must be submitted to the City Engineer. The City Engineer will review plans and incorporate requirements to mitigate negative drainage impacts. Also, Streambed Alteration Permits and other review may be necessary from the US Army Corps of Engineers and/or the California Department of Fish and Game.
Comment: I am concerned with the construction of new homes and the increase of fire danger in the area.
The subject property is within the wildland fire hazard area as shown on the Community Safety Factors Map on page CS-9 of the General Plan. Incorporation of the Mitigation Measures would reduce impacts to a less than significant level by providing adequate water supply to the mains and the fire hydrants, clearing vegetation, improving Winding Way, and installing automatic sprinklers to any proposed home.
Comment: I currently enjoy the rural quality of my neighborhood.
The homes built on the lots will maintain the rural character of the Devonshire Canyon Area as the General Plan policies state the City’s main objective is to retain the neighborhood’s character. The City’s development regulations allow for less intense development than the County and specifically allow for rural development. As proposed, the minimum lot size is 20,000 square feet which is larger than the County’s minimum size requirements (5,000 square feet) for the area. The City is also requiring that Winding Way be improved to the City’s 22 foot wide rural standard.
Comment: It appears that Winding Way will end in a cul-de-sac bulb and the Municipal Code does not allow for cul-de-sac streets to exceed 500 feet in length.
A "cul-de-sac bulb" is defined as a local street terminating in a turnaround. The project will not end in a turnaround but will continue to Wingate Road as an improved 22-foot rural standard road. The reason for the requirement is for fire purposes and this project will need to comply with the South County Fire requirements per the Conditions of Approval for the Annexation.
Does the City have a financial incentive to annex properties?
The City has no financial incentive to annex properties into the City. In general, it costs the City more to provide services to residential parcels than the revenue that they provide to the City.
Does the City’s General Plan include any provisions for acquisition and annexation of county land in order to preserve it for open space?
No. However, the General Plan does discuss preservation of areas within the unincorporated area, all of which lie adjacent to the San Francisco Watershed property (The Benedetti property, the area surrounding the Pulgas Ridge Open Space and the Hetch-Hetchy Aqueduct). However, the Municipal Code states that as a condition of approval for any final subdivision map, the subdivider shall dedicate land pay a fee in lieu or both, at the option of the City for park or recreational purposes. However, the application is for a Zoning District Boundary Amendment and not a subdivision.
How can the City ensure that this annexation does not have a negative effect on the environment?
A “Draft Mitigated Negative Declaration” has been prepared for the project and concluded that there would not be a significant effect on the environment. The Mitigation Monitoring Plan will insure that measures are implemented.
Biology
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 Annexation 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.
Only two sensitive animal species have the potential to occur within the Annexation area. If present, they could be affected by construction activities of 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 CDFG 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 Annexation area does not contain suitable red-legged frog breeding habitat (pools). No red-legged frogs have been reported specifically from the Annexation 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. Mitigation Monitoring Plan was prepared to reduce significant impacts to biological resources, geology and soils, air quality, and hydrology and water quality to a less then significant level. Please see Initial Study, A Mitigated Negative Declaration and Mitigation Monitoring Plan.
Traffic
The proposed project would increase traffic trips within the community by less than 1% and within the Devonshire Canyon Area by less than 2%. It is our understanding that not all the homes would be constructed at the same time, therefore, minimizing construction traffic and noise.
Prior to developing the Annexation Policies, the City completed an environmental assessment of the affected areas. The study found that since there would be no change in land use and minimal change in densities, there would be no significant effect on the environment.
Is the City of San Carlos obligated to annex a piece of property within its sphere of influence?
The City is required to process applications for annexation within their sphere of influence. If the application meets the City’s General Plan Policies and is within the City’s sphere of influence as outlined by Local Agency Formation Commission (LAFCo) for annexation, the property could be prezoned for annexation. The City Council approved a pre-zoning of the property on April 12, 2004, the City Council approved a Zoning District Boundary Amendment for the purpose of pre-zoning the project site
Is this area considered Open Space?
The five lots are privately owned and are not considered Public Open Space. The lots are designated in the County and the City’s General Plan as Residential.
Is Winding Way a trail?
No. Winding Way (fire road) is a dedicated City of San Carlos public street. Winding Way was dedicated to the City as part of the Hyde Park Estates subdivision for emergency access. Therefore, the County of San Mateo has not been maintaining Winding Way. The existing “trail” or “fire road” would still exist as an improved road and access to the area would still be available.
It appears that the City continues to sprawl with no regards to land use planning. Is this true?
The Local Agency Formation Commission (LAFCo) passed a resolution in October 1984, which established a Sphere of Influence for the City of San Carlos. The Sphere of Influence serves as a General Plan and is an essential tool in combating urban sprawl and provides well-planned efficient urban development patterns giving appropriate consideration to logical and convenient urban service boundaries while preserving prime agricultural and open space lands. The Sphere of Influence is an important benchmark because it defines the primary area within which urban development is to occur.
It is my understanding that this property could not be developed in the County. Is that true?
The City does understand that by annexing properties and allowing connection to sewer, properties that were once limited by a septic system can now develop their property. Based on discussions with San Mateo County Environmental Health Department, these lots meet the minimum size requirement for development in the County with a septic system.
Q/Comment: I understand the "Devonshire Canyon Open Space Alliance" considered purchasing the property. What is the status?
A letter was sent to the property owners on behalf of the Open Space Alliance discussing a number of options to keep the property undeveloped. One of the options was to sell the property at the market value. In order to facilitate the process the City contacted the property owner as well as several appraisers to get a proposal in order to obtain the current market value of the property. The proposal was sent to the Open Space Alliance and was not acted on.
The City also contacted Midpeninsula Open Space District and Peninsula Open Space Trust and they did not express interest in inquiring the property since it is not contiguous to public open space.
What jurisdiction has the ultimate authority to approve the annexation request?
The City Council has the authority to approve or deny the rezoning application. Ultimately, the Local Agency Formation Commission (LAFCo) will approve or deny the annexation to the City of San Carlos. LAFCo is San Mateo County agency established by State Law, which has the power to adopt a change in boundaries.
Why is the area considered a "substantially developed area" per Annexation Policies adopted August 2001?
City of San Carlos Staff, Local Agency Formation Commission, and the San Mateo County General Plan has determined that the project area is considered a substantially developed area based on the City’s ability to provide a full range of services and that it is located in an area that is developed with single family homes. The County General Plan defines the 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.
Why wasn’t I notified? What are the noticing requirements for a Zoning District Boundary Amendment?
Per Municipal Code Section 18.136.020 and State Law public noticing requirements for a Zoning District Boundary Amendment is a 300-foot radius of the project boundary. The notices were mailed to people within the radius and a Public Notice was also sent to the Independent Newspaper. The City however, would be happy to include additional interested parties in the mailings. Everyone that submitted correspondence was notified of this current public hearing.
