Rare rat may halt housing

The alliance is pitted against property owners Bob DoBel, Ron Grove and Douglas Cameron. The trio wants the city of San Carlos to annex 2.6 acres of unincorporated county land on Winding Way and Chesham Avenue so houses can be built.

The discovery of the rare rat and shrub may not kill those plans but it will add to the lengthy timeline. It also bolsters a pending lawsuit opponents filed to force a more extensive environmental review of the plans.

The property owners will pay for the analysis, but City Planner Liz Cullinan said it will eat up significant staff time. It is too early to tell how much analysis will be needed, she said.

The controversy over the land is rooted in the ongoing dispute between the rights of property owners versus the desire to maintain open space. The owners of the property and the open space group have battled for more than three years.

In April, the opposition group sued the city to prevent it from accepting the land after the City Council voted 3-1 in favor of annexation. The decision technically was about widening the city's borders and not specific development, but it paves the way for eventually building single-family homes and the opposition believes it is just a matter of time. The land was already pre-zoned by the county but development is easier for property located in the city because it can hook up to its sewer system.

Before the vote, opponents asked city officials to either help them buy the land or require greater environmental reviews. The city declined both and the alliance decided to move forward with a lawsuit threatened for more than a year. The lawsuit asked that more stringent analysis under the California Environmental Quality Act be required of the city. If no settlement is reached, the first findings will be presented in late August with a trial sometime after, Shray said.

The rat, the bush mallow and the ongoing lawsuit have not slowed the annexation process. After the city approved the pre-zoning, the county was asked to release the land. The Board of Supervisors is scheduled this morning to split up the property tax with the city of San Carlos and transfer fire responsibility.

Regardless of the county's actions, Shray said there are no plans to halt the lawsuit or discussions over a potential buyout. One option is establishing an assessment district to help purchase the land. Although developers have not set a specific price some estimates place it up to $2 million.

"I think we're all kind of interested in reaching an agreement," Shray said. "We are very optimistic about our progress."

The California Environmental Quality Act only requires full reviews when developments are proposed. If the plots are bought by the group and kept in their natural state, no EIRs will be needed, Cullinan said.

"It might be good, though, for the city to know what is up there and be aware of it," she said.

Mark Hudak, attorney for the property owners, did not return calls for comment.

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.