20060912_m

COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

August 28, 2006

BOARD MEETING DATE:

September 12, 2006

SPECIAL NOTICE/HEARING:

10-day; 500 feet

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

Consideration of a General Plan Map Amendment to change the land use designation of the subject parcel, from “Low Density Residential” to “Medium-Low Density Residential,” pursuant to the County Zoning Ordinance Section 6550, located at 720 Paradise Way in the unincorporated Emerald Lake Hills area of San Mateo County.

County File Number:

PLN 2006-00128 (Edwards)

RECOMMENDATION

Certify the Negative Declaration, by making the required findings in Attachment A.

Approve by resolution the General Plan Map Amendment, changing the subject parcel’s General Plan land use designation from “Low Density Residential” to “Medium-Low Density Residential,” and by making the Recommended Findings subject to the Conditions of Approval listed in Attachment A.

VISION ALIGNMENT

Commitment: Responsive, effective and collaborative government.

Goal: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain. The proposed General Plan Map amendment has undergone full environmental review and has been recommended for approval by the Planning Commission. The proposed General Plan Map amendment facilitates a more efficient use of the site and a potential increase in the regional supply of housing through urban infill.

BACKGROUND

Proposal: The applicant proposes a General Plan Map Amendment to change the land use designation of the 24,260 sq. ft. subject parcel from Low Density Residential (which allows a maximum of 2.3 dwelling units per acre) to Medium-Low Density Residential (which allows a maximum of six dwelling units per acre). The current Residential Hillside (RH) zoning would be retained. No land division or development is proposed at this time.

Planning Commission Action: On June 28, 2006, based on information provided by staff and the testimony presented, the Planning Commission recommended that the Board of Supervisors certify the Negative Declaration and approve the General Plan Map Amendment, by adopting by resolution the attached amendment to the County General Plan Land Use Map and by making the required findings and adopting the condition of approval listed in Attachment A of the staff report. Since the hearing, Planning staff has not received any comments regarding the proposal.

Report Prepared By: Camille Leung, Project Planner, Telephone 650/363-1826

Applicant: Jeff Barnea

Owner: Ronald and Sally Edwards

Location: 720 Paradise Way, Emerald Lake Hills, Redwood City

APNs: 068-162-400 and 068-162-410

Size: 0.56 acre (24,260 sq. ft.)

Existing Zoning: RH/DR (Residential Hillside/Design Review; 12,000 sq. ft. minimum lot size, increasing relative to average slope)

General Plan Designation: Low Density Residential (0.3-2.3 dwelling units per net acre)

Existing Land Use: Single-Family Residence, with Attached Garage

Water Supply: Redwood City Municipal Water District

Sewage Disposal: Emerald Lake Heights Sanitation Maintenance District

Flood Zone: Zone C (areas of minimal flooding), Community Panel No. 060311 0250 B, effective July 5, 1984

Environmental Evaluation: Negative Declaration issued with a public review period from May 22, 2006 to June 12, 2006.

Setting: The site slopes upward an average of 14.2% from Paradise Way. There is an existing 1-story residence and attached garage on the southern half of the property. The northern portion of the property is in a natural state with trees and grass groundcover. Fifteen (15) mature trees, primarily pine and oak trees, are located throughout the property. The property is bounded by developed single-family residential properties to the north, south and west, and by Paradise Way to the east.

Chronology:

Date

Action

May 8, 1968

Re-subdivision of Lots 3, 4, and 5, Block 506, Highlands of Emerald Lake Subdivision No. 5, in which three lots were combined into two building sites, Parcels A and B.

1977

The Emerald Lake Hills Land Use Map was adopted as a part of the Emerald Lake Hills Community Plan, by the Planning Commission and Board of Supervisors. The Land Use Plan designated Parcels A and B “Low Density Residential.”

January 2, 1979

Residential Hillside (RH) Zoning District designation was applied to the Emerald Lake Hills area, by Ordinance No. 2560.

Parcels A and B were merged, as evidenced by Resolution No. 3044 and adopted by the Planning Commission.

September 15, 2005

Application submitted for the subdivision of the merged parcels (PLN 2005-00424), due to Planning staff’s determination that the parcel does not meet the criteria for an unmerger. Per Subdivision Regulations, Section 7121(2), the parcel could not be unmerged as the merger met the required criteria under the ordinance in effect at the time of the merger.

January 12, 2006

Planning staff determines that while the subdivision meets the minimum lot size and width required by the Residential Hillside (RH) zoning district, the proposed density exceeds the maximum 2.3 dwelling units/acre allowed by the General Plan land use designation, Low Density Residential.

March 27, 2006

Current application for General Plan Map Amendment submitted. The proposed amendment is not exempt from CEQA review. The property owners decide to proceed with General Plan Map amendment in advance of and separate from their subdivision application.

May 20, 2006

Notice of Negative Declaration is published in the San Mateo County Times.

May 22, 2006

Initial Study and Negative Declaration are made publicly available and the 20-day public review period commences.

June 12, 2006

Initial Study and Negative Declaration public review period ends. No comments are received from the public.

June 28, 2006

Planning Commission Public Hearing – Planning Commission recommended approval of the proposed amendment.

September 12, 2006

Board of Supervisors public hearing.

DISCUSSION

KEY ISSUES OF PROPOSED AMENDMENT

Conformance with the General Plan

According to the Residential Hillside (RH) zoning district regulations, a property with a minimum of 24,000 sq. ft. could be potentially subdivided if the average slope of each parcel does not exceed 17%. The property is of adequate size and slope to accommodate a 2-lot subdivision in accordance with this regulation, as demonstrated in the Draft Tentative Subdivision Map in Attachment E. However, the property’s Low Density Residential land use designation, as set by the General Plan Land Use Map for Emerald Lake Hills, prohibits subdivision of the property. The Low Density Residential designation allows a density of 0.3 to 2.3 dwelling units per net acre, while subdivision of the parcel would result in a density of 3.6 dwelling units per acre.

The applicant proposes a General Plan Map Amendment to change the property’s land use designation to Medium-Low Density Residential (which allows 2.4 to 6 dwelling units per acre). The proposed amendment of the General Plan Map would result in consistency between the General Plan land use designation and the zoning designation of the subject parcel. In addition, if the amendment is approved and the lot is subdivided in the future, the resulting density of 3.6 dwelling units per acre, allowed under the RH zoning district for this property, would be substantially lower than the density allowed in the Medium-Low Density designation (up to six dwelling units per acre).

Based on review of existing residential development within the neighborhood and the presence of parcels designated as Medium-Low Density Residential immediately across the street from the subject property, staff has determined that future subdivision and development of the site would be compatible with current land uses in the neighborhood. Therefore, the applicant’s request for a General Plan Map Amendment would not result in a density that would be incompatible and out of character with the surrounding neighborhood.

Compliance with Urban Land Use Policies

The proposed amendment to the General Plan Land Use Map for Emerald Lake Hills complies with applicable General Plan urban land use policies, as discussed below:

Policy 7.16 (Location of Land Use Designations) calls for the location of land use designations in urban areas to revitalize existing developed areas and discourage urban sprawl, among other goals. If approved, the proposed amendment would achieve these goals by allowing efficient use and development of the property, in compliance with the RH zoning regulations. Otherwise, the property could only accommodate one single-family residence and much of the land would remain undeveloped. The proposal’s compliance with policies relating to urban sprawl is discussed under Policy 8.29, below.

Policy 8.13 (Land Use Designations and Locational Criteria for Urban Areas) calls for the use of locational criteria in assigning appropriate land use designations so that stated land use objectives may be achieved. The General Plan designates the subject property as an “Urban Neighborhood.” Table 8.1P of the General Plan establishes land use designations, densities and locational criteria in urban neighborhoods. The locational criteria for medium-low density residential areas are: (1) existing medium-low density areas; (2) hillside areas with steep slopes; (3) adjacent to sensitive habitats; (4) hazardous areas; and (5) not within areas of high perceived noise. The Emerald Lake Hills area is made up of Low Density and Medium-Low Density designated parcels, which are interspersed in large patches throughout the area. Therefore, no significant differences exist in the locational criteria for Low Density Residential and Medium-Low Density Residential areas in urban neighborhoods, as it applies to Emerald Lake Hills.

Policy 8.29 (Infilling) calls for the infilling of urban areas where infrastructure and services are available. Infrastructure and services are available at the subject site, as the property currently receives water services from the Redwood City Municipal Water District and sewer services from the Emerald Lake Heights Sanitation Maintenance District. If the proposed amendment is approved, upon submittal of a separate subdivision application, the property could be subdivided and “infilled” with additional housing. Infill increases the regional supply of housing in urban areas and, likewise, decreases the demand to construct housing in undeveloped areas, or urban sprawl.

Policy 8.36 (Density) calls for the regulation of maximum allowable densities in zoning districts in order to (1) ensure a level of development that is consistent with land use designations; (2) plan for the efficient provision of public facilities, services, and infrastructure; and (3) minimize exposure to natural and manmade hazards. If approved, the proposed amendment, as conditioned, would conform to this policy, as parcels designated Medium-Low Density already exist across the street, utility services are available at the site, and development of the site would be made to comply with the RH district regulations and applicable building codes (so as to minimize susceptibility to natural and manmade hazards).

Conformance with the Emerald Lake Hills (ELH) Community Plan

The proposed amendment is in compliance with applicable policies of the Emerald Lake Hills (ELH) Community Plan, specifically with regard to land use and conservation-open space. Future subdivision and development of the site would result in a density less than the plan’s overall average density of six dwelling units per acre (Land Use, Policy 2), would comply with policies that encourage the development of flat lands¹ to limit grading for house construction (Conservation-Open Space, Policy 3), and would not conflict with potential community park locations identified in the plan (Conservation-Open Space, Policy 9).

Conformance with Zoning Regulations

Minimum Building Site, Lot Frontage and Lot Width

The creation of one additional parcel would be possible, as the property is of adequate size to comply with the minimum lot size requirement of the RH zoning district. The County Planning Division has reviewed the Draft Tentative Subdivision Map (see Attachment E) under the density analysis process. As shown in the table below, Planning staff has verified the compliance of both parcels with minimum parcel size, which is based on the average slope for each parcel.

Parcels as Shown on Draft Tentative Subdivision Map*

Slope %

Minimum Requirement
(sq. ft.)

Proposed Parcel Size
(sq. ft.)

16.4

12,000

12,001

15.5

12,000

12,259

Subdivision of the property is not a part of this proposal. The Draft Tentative Subdivision Map has been provided in order to demonstrate that subdivision of the property, in accordance with the RH zoning district regulations, is possible.

In addition, the Draft Tentative Subdivision Map demonstrates that the property is of adequate size to comply with the minimum 50-foot lot frontage and 50-foot lot width required by the RH zoning district.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) requirements, an Initial Study, recommending that a Negative Declaration be adopted, was prepared for this proposal and circulated from May 22, 2006 to June 12, 2006. As of this date, no comments were received. Any subsequent comments will be addressed at the public hearing of September 12, 2006.

REVIEW BY EMERALD LAKE HILLS ASSOCIATION

Staff referred the proposal to the Emerald Lake Hills Association (Association) on April 11, 2006. On May 30, 2006, a representative stated that the Association has no objection to the proposed amendment. The Association emphasized that approval of the amendment should not be considered as a precedent for increasing the density of other parcels in the area.

FISCAL IMPACT

Should the Board of Supervisors approve the General Map Amendment, the applicant may pursue a 2-lot subdivision, which, upon approval, would result in the creation of a new parcel at the subject site. County property tax revenues may increase with tax being assessed on the newly created parcel.

REVIEWING AGENCIES

Department of Public Works

County of San Mateo Long Range Planning Services

Local Agency Formation Commission (LAFCo)

Woodside Fire Protection District

City of Redwood City

Emerald Lake Hills Association

ATTACHMENTS

Recommended Findings and Condition of Approval

Location Map

Resolution and General Plan Land Use Map

Initial Study/Negative Declaration, Dated May 22, 2006

Draft Tentative Subdivision Map, Dated March 27, 2006

Letter of Recommendation by Planning Commission, dated July 5, 2006.

Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITION OF APPROVAL

Permit File Number: PLN 2006-00128

Board Meeting Date: September 12, 2006

Prepared By: Camille Leung

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

For the General Plan Amendment, Find:

That, subject to the Condition of Approval stated below, the General Plan Map Amendment, changing the subject parcel’s General Plan land use designation from “Low Density Residential” to “Medium-Low Density Residential,” would not be in conflict with the policies of the San Mateo County General and would facilitate a more efficient use of the site. The proposal complies with the more site-specific application of slope density and the Residential Hillside zoning district. The project complies with locational criteria for Medium-Low Density Residential areas and applicable General Plan Urban Land Use Policies. In addition, parcels designated Medium-Low Density residential already exist across the street from the subject parcel. Therefore, the proposed amendment would not result in a density that would be incompatible and out of character with the surrounding neighborhood.

For the Negative Declaration, Find:

That the Negative Declaration reflects the independent judgment of the Board of Supervisors of the County of San Mateo.

That the Negative Declaration is complete, correct and adequate, and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines. An Initial Study was completed and a Negative Declaration issued in conformance with CEQA guidelines. The public review period for this document was May 22, 2006 to June 12, 2006.

That, on the basis of the Initial Study, comments received hereto, and testimony presented and considered at the public hearing, there is no substantial evidence that the proposed amendment will have a significant effect on the environment. The prepared Initial Study and Negative Declaration reveal that the proposal may only result in impacts considered “not significant.”

That no mitigation measures were included in the Negative Declaration, as the proposed amendment could not have a significant effect on the environment.

RECOMMENDED CONDITION OF APPROVAL

Planning Division

Any future subdivision of the subject site shall conform to the Residential Hillside (RH) zoning district standards and the County’s Subdivision Regulations, including, but not limited to, application and design requirements.

¹ Sites having a slope of 20% or less. Emerald Lake Hills (ELH) Community Plan, page 4.