Devonshire Canyon residents who still want to prevent construction on five empty lots have about a six-month window of opportunity to purchase the private land.
"If they are sincere about wanting to acquire the property and turn it from residential to open space they have a six-month window to raise the money and bring a proposal. We will always consider a reasonable offer," said Mark Hudak, the attorney representing the property owners.
The San Carlos City Council voted 3-1 Monday night to allow the annexation of a 2.6-acre piece of land on Winding Way and Chesam Avenue.
The private land lots were already zoned for single-family homes by the county but property owners wanted them incorporated into the city. Opponents of the plan argued unsuccessfully that more stringent environmental reviews were needed before annexation should be considered.
Although the council sided with property owners, development is far from a done deal. The county must now agree to release the land - a process that, at best, will take about six months, Hudak said. During that time, the Devonshire Open Space Alliance or any other person can still make an offer on the parcels, he added.
If the county approves the plan, it comes back to the San Carlos City Council for final acceptance of annexation. Only then can the property owners begin the process of applying for building permits and any zoning exemptions, if needed.
Property owner Ron Grove said there is no particular timeline for designing the homes that may be built. However, he agreed that those worried about keeping the space open are more than welcome to buy it.
"They should make an offer," Grove said.
Among the 30-odd speakers at Monday's meeting, some residents said they hoped to raise the funds to purchase the land and had sent an inquiry. The property owners said they never received any letter and Hudak said no offers have been made.
Members and the attorney for the alliance did not return calls for comment.
Mayor Mike King agreed that the best solution for those who want to turn the lots into open space is for them to purchase it.
Another option to halt potential development is a lawsuit, said attorney John Blake who represents Chesam Avenue residents Eugene and Sandy Boyer.
The Boyers' interests are "somewhat aligned with the open space people" but lean more toward concerns over traffic caused by potential new housing, Blake said.
The couple worries that any development on Winding Way will cause traffic to bottleneck on adjacent streets like Chesam Avenue.
Their narrow road has no prospects of being widened or improved by the county, Blake said.
Although they have not chosen their course of action, the Boyers could join a lawsuit with the alliance - if one is undertaken - or bring their concerns to the county for its review.
King said he wouldn't be surprised if there is a lawsuit but believes the issue will "come down to the hard economics of things." Primarily, hiring an attorney to wage a full-scale lawsuit against the plan may be too expensive, he surmised.
Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.
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