Chapter 18.38


18.38.010    Purpose.

18.38.020    Applicability.

18.38.030    Prezoning procedure.

18.38.040    Annexation regulations.

18.38.050    Effective date of zoning and time limit.

18.38.010 Purpose.

The purpose of this chapter is to establish a procedure for prezoning and criteria for annexation of adjoining unincorporated territory, specifically:

A.    Protect public health and safety by establishing standards for annexation of residential, commercial/industrial or lands of other uses into the City;

B.    Preserve, protect and enhance the character of residential neighborhoods;

C.    To remedy the public health and safety impacts of failed on-site solid waste disposal systems;

D.    To strengthen the City’s economic resources; and

E.    To manage the fiscal impacts of annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.38.020 Applicability.

Unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted sphere of influence of San Carlos or areas otherwise capable of annexing into the City of San Carlos which may be approved for annexation by LAFCo may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.38.030 Prezoning procedure.

A.    Parcels proposed for annexation to the City shall be prezoned consistent with the following unless an application for a different prezoning is initiated and processed according to the procedures established under Chapter 18.35, Amendments to Zoning Ordinance and Map.

1.    Undeveloped Residential Parcels.

a.    Development Potential of Five or More Lots. Parcels with development potential of five or more lots shall be prezoned Planned Development with minimum RS-3 development standards prior to approval of a tentative subdivision map.

b.    Development Potential of Less than Five Lots. Parcels with development potential of less than five lots shall be prezoned RS-3.

2.    Developed Residential Parcels and Nonresidential Parcels. Developed residential parcels and parcels with development potential for nonresidential use shall be prezoned consistent with surrounding and/or like zoning district classifications which represent uses intended for the property.

B.    Prezoning shall remain the same for two years after annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.38.040 Annexation regulations.

Annexation shall not be approved unless the proposed annexation meets the following regulations:

A.    General Regulations.

1.    General Plan Consistency. The proposed annexation and parcel configuration shall be consistent with the General Plan.

2.    Location. The parcels proposed for annexation shall be contiguous to parcels located in the City and contiguous to or provisions have been made to become contiguous to City streets or to improved private streets where the maintenance of the private street is provided by an owners’ association or other acceptable method as determined satisfactory to the Director of Public Works.

3.    Impact Analysis. An environmental analysis under the provisions of the California Environmental Quality Act and a fiscal impact analysis which evaluates recurring revenues and service costs that may be incurred by the City as a result of annexation shall be conducted.

4.    Public Services and Facilities.

a.    Public services and facilities meeting City standards shall be available to the lands proposed for annexation. Private streets and facilities satisfactory to the Public Works Director with adequate provision for their maintenance may be acceptable in lieu of public streets and facilities.

b.    All streets, sewage and drainage systems and police and fire protection shall meet City standards. Public services and utilities shall be provided to the satisfaction of the City Engineer:

i.    Improvements shall be constructed and accepted prior to issuance of building permits or sewer connections.

ii.    Streets shall meet City street standards from the terminus of City streets currently meeting City standards to and throughout the property. Where possible and appropriate and subject to environmental, health and safety considerations, rural road standards and other applicable guidelines pursuant to Chapter 17.16 shall apply.

iii.    Street lights shall not be required to be installed where street lights do not currently exist unless requested and paid for by petitioners.

c.    The City taxpayer shall not be burdened with paying for additional services for newly annexed lands as demonstrated in the fiscal impact analysis.

d.    Sewer service connection shall be made pursuant to Title 13, Public Services.

5.    Creek Protection. All lands proposed for annexation shall comply with Chapter 18.14, Stream Development and Maintenance Overlay.

B.    Undeveloped Lots. Annexation of lots which do not contain a primary structure shall comply with the following standards:

1.    Lots shall meet the minimum lot size and density standards of this title and Title 17.

2.    Sites with development potential of five or more lots shall cluster single-family detached homes to the degree feasible. In such cases, the density may not exceed the density permitted by the lot size standards of this title and Title 17.

C.    Developed Lots. Annexation of lots which contain a primary structure shall comply with the following standards:

1.    The lots shall meet the minimum lot size and density standards of this title and Title 17. Single developed properties that meet all annexation policies, with the exception of minimum lot size requirements, may be considered for annexation; provided, that further subdivision of the land is prohibited through a recorded deed restriction acceptable to the City Attorney.

2.    The lots shall be connected to the City’s sanitary sewer system or can be connected to the City’s sewer to the satisfaction of the City Engineer pursuant to Title 13, Public Services.

3.    The lots with existing properly functioning septic tank-drain field systems shall not be required to connect to a newly installed sewer line until one of the following events occurs and at that time shall be required to connect:

a.    Upon sale of the property that triggers an assessment of the County Tax Assessor; or

b.    Upon determination by the San Mateo County Environmental Health Services Division that the existing septic system cannot function properly or cannot be expanded to accommodate the use; and

c.    Failed septic systems shall not be replaced with another septic system. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.38.050 Effective date of zoning and time limit.

The zoning accomplished by prezoning of the property shall become effective at the time that annexation to the City becomes effective. If the subject area has not been annexed to the City within five years of the date of City Council approval, the prezoning approval is subject to reconsideration by the Planning Commission and the Council. (Ord. 1438 § 4 (Exh. A (part)), 2011)