ATTACHMENT 6
Item A Page 68 Town Council Meeting November 28, 2023
Lot Area: 1.002 acres (43,629 square feet) (excluding roadway easement) Proposed Parcel 5:
Gross Lot Area: 1.054 acres (44,723 square feet) (including roadway easement) Lot Area: 1.001 acres (43,603 square feet) (excluding roadway easement) Proposed Parcel 6:
Gross Lot Area: 1.075 acres (46,841 square feet) (including roadway easement) Lot Area: 1.002 acres (43,660 square feet) (excluding roadway easement) Proposed Parcel 7:
Gross Lot Area: 1.252 acres (54,553 square feet) (including roadway easement) Lot Area: 1.026 acres (44,673 square feet) (excluding roadway easement)
EXECUTIVE SUMMARY
The applicant proposes a seven-lot residential subdivision on the 7.8-acre site and involves the demolition and removal of existing site features, including the driveway, residential structure, accessory structures, and horse corral. Improvements proposed as part of the subdivision include establishing property lines for the seven one-acre home sites, installation of a new private roadway, underground utilities stubbed to each home site, and installation of bio-retention (stormwater treatment) features to serve the subdivision. The project site is zoned SR, Suburban Residential, permitting one-acre residential lots. A General Plan Amendment is required to revise the site’s designation from Institutional to Residential.
The proposed Tentative Map (Attachment H) includes the location of conceptual building footprints and driveway locations on the proposed parcels. The conceptual building footprints shown are not proposed buildings but demonstrates an area in which a building could be located, which is required by the Municipal Code; however, no new development is proposed, at this time.
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared for the project and circulated for a 30-day public review period (Attachment G) (see discussion below for more details). Pursuant to CEQA, the Planning Commission must take action to adopt the MND prior to taking an action to approve the Tentative Map.
Since the project requires a change in GP designation, the overall project requires approval by the Town Council with a recommendation from the Planning Commission. Once the Planning Commission finalizes its recommendation, the project will be reviewed by the Town Council. Since the Planning Commission decision is a recommendation to the Town Council, the Commission’s decision is not appealable.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the Draft Resolution in Attachment A, recommending that the Town Council approve the Tentative Map, the General Plan Amendment, and Grading Exception, subject to the following Conditions of Approval in Attachment A.
Item A Page 69 Town Council Meeting November 28, 2023
REPORT CONTENT
The report contains the following sections:
Section: Description: Pages:
I. Property Description 3
II. Project Description 4
III. Entitlement Process
A. Concept Map
B. Tentative Map
C. Planning Commission
D. Post Approval
4-7
4 5-6
6 6-7
IV. CEQA (Environmental) Review 7-8
V. Subdivision Review Criteria
A. Required Findings A-H, WMC §152.078
B. Required Subdivision Standards,
WMC §§152.112-152.126
8-12
8-9
9-12
VI. Additional Project Attributes
A. General Plan Amendment
B. Grading Exception
12-14
12-13
13-14
VII. Planning Commission Actions
A. CEQA Options
B. Project Options
14-15
15 15
VIII. Conclusion 15-16
I. PROPERTY DESCRIPTION
The project site is in north central Woodside, located on the northeast side of Cañada Road between Eucalyptus Court and Mission Trail Road. The project site is south of and within 300-feet of Interstate I-280. The project site has frontage on Cañada Road, a locally designated scenic corridor.
The project site is surrounded by single-family residential properties zoned Suburban Residential (SR) on the north, east, and south sides; and, zoned RR, on the west side across Cañada Road.
The Project Area contains approximately 7.8-acres in total consisting of developed land, ruderal areas, grazed non-native annual grasslands, and mixed woodlands consisting of a variety of native, non-native and ornamental tree species. The site has a gentle overall slope upward from the street frontage of approximately five percent (5%). The site is comprised of grasslands and a variety of native and non-native trees, situated predominantly around an existing residential structure and along the front and side property lines. Smaller-scale shrubs and ornamental plantings are present along the property frontage. The site contains one residential home; a paved driveway access and parking area; small, non-habitable accessory structures; and an equestrian corral.
Item A Page 70 Town Council Meeting November 28, 2023
II. PROJECT DESCRIPTION
The project is a seven-lot residential subdivision on the 7.8-acre site and involves the demolition and removal of existing site features, including the driveway, residential structure, accessory structures, and horse corral. Improvements proposed as part of the subdivision include establishing property lines for the seven one-acre home sites, installation of a new private roadway, underground utilities stubbed to each home site, and installation of bio-retention (stormwater treatment) features to serve the subdivision. The project site is zoned SR, Suburban Residential, permitting one-acre residential lots. A General Plan Amendment is required to revise the site’s designation from Institutional to Residential.
Vehicle access to the site remains in approximately the same location as the existing driveway, through a new paved 20-foot-wide shared private roadway and utilities easement. The new private roadway terminates in a cul-de-sac designed to accommodate emergency vehicle circulation. Each of the proposed one-acre lots would be developed separately, subject to Town of Woodside development standards and requirements. The proposed subdivision has been designed to maintain the pedestrian and equestrian paths along the Cañada Road frontage and preserve the scenic corridor as viewed from Cañada Road.
III. ENTITLEMENT PROCESS AND COMMITTEE COMMENTS
WMC Chapter 152 outlines the procedure for review of subdivisions in the Town of Woodside.
The WMC requires that Town staff and Committees review and provide comments on a Concept Map, before an application is submitted for a Tentative Map. Once all of the necessary information for the Tentative Map is submitted to the Town and determined complete by the Planning Department, an Initial Study is prepared to determine what level of CEQA analysis and documentation is required for the project. The CEQA document is then prepared and circulated for public review. During that time, each required Town Committee must review the application and provide recommendations on the CEQA document and Tentative Map to the Planning Commission.
A. Concept Map
Application Requirements
WMC §152.060 and 152.061 outline the submittal requirements for review of a Concept Map application. The Concept Map review process provides the applicant with input from Town committees to consider before providing all details (e.g., plans and technical reports) needed to process a Tentative Map application.
Conferences on Concept Map
WMC §152.062(C) requires that the Town transmit copies of the Concept Map to the members of the Subdivision Review Committee (Membership outlined in WMC § 152.130: Planning Director; Town Engineer; Town Geologist; Fire Chief/Marshal; and, County Health Officer), and to the Town Architectural and Site Review Board (ASRB), Environment and Open Space Committee, Trails Committee, and any other Town committees deemed necessary to review the project. The applicant completed the Concept Map review process. Attachment B includes a written summary of the Committee comments on the Concept Map provided to the applicant.
Item A Page 71 Town Council Meeting November 28, 2023
B. Tentative Map
Application Requirements
WMC §§152.071 - 152.074 outline submittal requirements for review of a Tentative Map application. The Tentative Map shall include all necessary information to ensure compliance with the Town’s WMC requirements, most notably the Subdivision Ordinance (Chapter 152) and the Zoning Ordinance (Chapter 153). Once the Tentative Map application is determined complete, and all required committees have reviewed the project, the Planning Commission may review the CEQA document and the proposed land division.
Conferences on Tentative Map
WMC § 152.075 requires that the Town transmit copies of the Tentative Map to the members of the Subdivision Review Committee and to the Chairs of the Town ASRB, Environment and Open Space Committee, Trails Committee, and any other Town committees deemed necessary to review the project. The ASRB and all Town Committees reviewed the project Draft MND and Tentative Map.
ASRB & Town Committee Reviews
The ASRB and Town Committees reviewed the MND and project at their regularly scheduled meetings in August and September 2023. Comments on the Tentative Map from the ASRB and Town Committees are summarized below:
Architectural and Site Review Board:
On September 20, 2023, the ASRB reviewed the project. The ASRB commended the applicant for addressing the ASRB’s comments from the Concept Map by redesigning the lot and street layout, which provided a significant decrease in the amount of grading necessary and tree removal for the proposed roadway construction. The ASRB did not have any recommendations for the Planning Commission to consider with review of the Tentative Map.
Environment: Open Space, Conservation & Sustainability Committee On August 31, 2023, the Environment and Open Space Committee reviewed the project.
The Committee recommended an easement that would restrict installation of fencing on the northwest border. The reason for this recommendation is to retain and maintain an open wildlife corridor. The Committee also recommended new property owners consider no fencing, or open fencing to support wildlife passage. And the Committee also recommended an open rail fence along the frontage of Cañada Road.
Trails Committee:
On September 14, 2023, the Trails Committee reviewed the project. The Committee noted that trail connectivity would be ideal but not feasible due to existing site barriers on the northern bordering property. The Committee was pleased with the proposed pathway on the private road and given the proposal would not impact any trails (no existing trails within the project vicinity and no new trails proposed), there was no objection to the proposed subdivision.
Subdivision Review Committee Review
The Subdivision Review Committee includes the Town Planning Director, Town Engineer, and Town Geologist; the Woodside Fire Protection District Fire Marshal; and the San Mateo County Item A Page 72 Town Council Meeting November 28, 2023
Environmental Health Officer. The Subdivision Review Committee met with the subdivider, on September 21, 2023. The review criteria for each Committee member are outlined in Municipal Code Section 153.130. The comments from each Committee member are located in Attachment C, and below is a summary of the comments.
Town Planning Director:
The Planning Director indicated that the land division would be for future residential development, which complies with the existing Residential General Plan designation; the proposed lots meet the lot creation requirements for the proposed (SR) zoning district; and, mitigation measures are included in the MND, to minimize impacts to the environment and neighboring properties.
Town Engineer:
The Town Engineer review criteria is primarily designed for proposed development along with a subdivision, such as new roadways, storm drains, etc. The Town Engineer indicated that the proposed improvements are adequate and did not have any significant comments for the project.
Town Geologist:
The Town Geologist indicated that the applicant provided the necessary information requested and the results of the fault exploration. The Town Geologist recommended geotechnical approval of the subdivision.
Woodside Fire Protection District Fire Chief:
The Woodside Fire Protection District Fire Chief indicated that the water supply for fire protection purposes, emergency vehicle access, and fire hydrant locations are adequate.
C. Planning Commission
The Municipal Code provides the review procedures for the Planning Commission on the CEQA document (for this project, an MND), and the proposed subdivision. With regards to the proposed subdivision, WMC §152.077(D) requires that the Planning Commission consider all of the following items prior to taking action on the project:
152.077(D)
(1) The environmental review documents;
(2) The report, findings, and recommendations of the Subdivision Review Committee; (3) The report and recommendations of the ASRB and Town Committees, or their designated subcommittees;
(4) Consistency with the General Plan, any applicable Specific/Area Plan, and the zoning and site development provisions;
(5) Applications or requirements for variances, exceptions or other entitlements, if any;
(6) Staff reports including all attachments;
(7) Public testimony; and,
(8) The testimony of the subdivider and/or his/her authorized representatives.
D. Post Approval
Expiration and Extension of an Approved Tentative Map
If the Planning Commission recommends approval of the proposed Tentative Map and it is Item A Page 73 Town Council Meeting November 28, 2023
approved by the Town Council, the WMC outlines the expiration of the Tentative Map in WMC §§152.100 and 152.101. To avoid expiration of the Tentative Map, the applicant must file a complete Final Map compliant with all Tentative Conditions, obtain Town Council approval, and record it with the County within 24 months after the approval of the Tentative Map. If the Final Map is not recorded within 24 months after the approval of the Tentative Map, all approvals for the Tentative Map expire unless an extension is granted. WMC §152.101(A) indicates that the Planning Commission may grant an extension to the approval of the Tentative Map, not to exceed 12 months, to allow for additional time for the Town Council approval and recordation of the Final Map. The applicant shall file an extension request application at least 30 days prior to the expiration of the Tentative Map.
Final Map and Easement Dedication
WMC §§152.104, 152.106, 152.107 provide all of the requirements and procedures for filing, approving, and recording a Final Map, following Tentative Map approval. Pursuant to WMC §152.106(D), the Town Council shall approve the Final Map if it conforms with the approved Tentative Map, including all Conditions of Approval. During review of the Final Map, the Town Council shall consider whether to accept any proposed public easements, although the proposed subdivision does not currently propose any dedication of easements. As described above, any approved Final Map must be recorded within 24 months of the Tentative Map approval, or, if an extension is granted, no later than 36 months of the Tentative Map approval.
IV. CEQA (ENVIRONMENTAL) REVIEW
Pursuant to CEQA and WMC §152.024, an Initial Study must be prepared in compliance with CEQA for all subdivisions. Based on the findings of the Initial Study, the appropriate environmental analysis and documentation is determined and prepared in compliance with CEQA. The Town of Woodside prepared the required Initial Study, which is based in part on technical studies by consultants including a Primary Record Report and a Geotechnical Investigation. The Initial Study concluded that all potentially significant impacts of the Project could be reduced to a less than significant level by imposing identified mitigation measures, therefore, the Town determined that a Mitigated Negative Declaration (MND) was the appropriate environmental document under CEQA. The Town then prepared the Draft MND for the Project, which includes the Initial Study and all supporting technical studies.
The MND identified the following areas that would potentially be significantly impacted by the proposed subdivision:
1. Air Quality;
2. Biological Resources;
3. Cultural Resources;
4. Geological and Soils;
5. Noise; and,
6. Tribal Cultural Resources.
The Draft MND concluded that although the project could have a potentially significant effect on these environmental topic areas, due to future, anticipated construction activity, these impacts would be reduced to a less-than-significant level by the implementation of mitigation measures identified in the MND. The Mitigation Monitoring and Reporting Program (MMRP) in Attachment A.1 provides Item A Page 74 Town Council Meeting November 28, 2023
fourteen (14) mitigation measures that are needed to reduce any potential significant impacts to a less than significant level. The mitigation measures would be required for any future proposed development of the proposed parcels. If the subdivision is approved, staff recommends Condition of Approval I.c: requiring that all applicable mitigation measures be recorded on each of the new parcels as part of a deed restrictive covenant so that any future landowners and/or staff would be able to easily locate and comply with/enforce the restrictions placed on the property pursuant to the land division approval.
During the 30 day comment period, the Town did not receive any comments regarding the draft MND.
The Final MND raises no substantial new environmental issues that have not been adequately addressed.
If the Planning Commission finds that the MND was prepared in compliance with CEQA, the Planning Commission shall adopt the MND and MMRP, recommending approval to the Town Council. If the Planning Commission cannot recommend approval to the Town Council, thereby denying the project, the MND shall not be adopted (CEQA Guidelines Section 15270).
V. LAND DIVISION REVIEW
The Planning Commission shall recommend approval of the Project if all of the eight findings set forth in WMC §152.078 can be made. These findings are listed in Section VI.A of this Report below. If the Planning Commission determines that the findings can be made, the Planning Commission must then consider whether the Project complies with WMC §152.065 - 152.080 (see Section VI.B of the staff report for analysis of each code section) which set forth various site design and technical regulations.
A. Required Land Division Findings A-H (WMC §152.078)
WMC § 152.078 states that the Planning Commission shall approve a tentative map if the Planning Commission makes all of the following specific findings:
(A) The tentative map is consistent with the General Plan and any applicable Specific/Area Plan;
(B) The design or improvement of the proposed land division or subdivision is consistent with the General Plan and applicable Specific/Area Plan;
(C) The site is physically suitable for the type of development proposed; (D)The site is physically suitable for the proposed density of development; (E) The design of the land division or subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(F) The design of the land division or subdivision or the type of improvements will not cause serious public health or safety problems;
(G)The design of the land division or subdivision or the type of improvements:
(1) Will not conflict with easements, acquired by the public at large, for access through or the use of property within the proposed land division or subdivision; (2 If conflicts with existing easements will occur, substantially equivalent alternate easements, for access or for use, will be provided; (3) This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to Item A Page 75 Town Council Meeting November 28, 2023
the Planning Commission or Town Council to determine that the public at large has acquired easements for access through or the use of property within the proposed land division or subdivision; or
(H) The discharge of waste from the proposed land division or subdivision into an existing sewer system would not result in a violation of existing requirements prescribed by the State Regional Water Quality Control Board pursuant to Division 7 (commencing with Water Code § 13000) of the Cal. Water Code.
The Draft Resolution in Attachment A provides detailed findings and analysis of applicable General Plan policies related to the required findings for approval outlined in WMC § 152.078.
The recommended findings indicate that the project is consistent with the General Plan and Municipal Code requirements, therefore, staff recommends that the findings for approval can be made, allowing the Planning Commission to recommend approval of the project.
B. Required Municipal Code Land Division Standards (WMC §152.111 - 152.126) WMC §152.111 - 152.126 (Attachment E) requires compliance with various regulations related to Lot Sizes and Shapes (§152.112), Road Patterns (§152.113), Road Design (§152.114), Road Rights of Way and Pavement Widths (§152.115), Drainage (§152.116), Trails (§152.117), Public Utilities and Easements (§152.118), Conservation, Open Space, and Scenic Easements (§152.119), Park and Recreational Areas (§152.120), Sewage Disposal (§152.121), Water Supply (§152.122), Geotechnical Reports (§152.123), Grading (§152.124), Landscape and Erosion Control (§152.125), and Improvements (§152.126). Staff finds that each of these requirements applicable to the Project are met.
WMC § 152.111 (Compliance with Requirements)
WMC §152.111 states that if the Planning Commission finds that it would be in the public interest to approve a greater or lesser standard proposed by the applicant, the Planning Commission may approve such a modification as long as the applicant can provide that it would be in the public interest to approve such a modification. The applicant is not proposing any modifications to the required improvements or standards of design.
WMC §152.112 (Lots)
WMC §152.112 (A-K) outlines the requirements for lot sizes, designs, shapes, lot lines, solar access, site access, drainage, non-access dedications, remnant lots, noise considerations, and environmental constraints to improvement locations.
(A) Lot Sizes:
(1) The proposed parcels comply with the 1-acre minimum lot area, and the required 100-foot minimum average width for the SR zoning district. All of the proposed parcels would provide sufficient area to construct site improvements. When necessary, the Planning Commission may require parcels larger than the minimum lot area in order to accommodate topography, geologic hazards, storm water drainage channels, physical obstructions, or other physical conditions of the site. (2) Pursuant to WMC §153.205, the proposed net lot areas do not include access easements, random public utility or drainage easements (not adjacent to the property line), or a panhandle area in excess of 5% of the net lot area required in the particular zoning district.
Item A Page 76 Town Council Meeting November 28, 2023
(B) Lot Design:
The proposed Tentative Map shows conceptual building and improvement locations.
Based on the information provided, the proposed lots could accommodate future development.
(C) Lot Shape:
(1) The average depth of the proposed parcels do not exceed three times the average width, and include rectangular shaped areas outside of the required setbacks where structures and improvements could be located.
(2) Panhandle Lots are discouraged in Town and shall only be permitted when the Planning Commission determines that they would result in a better design of development. Municipal Code Section 152.005 defines a Panhandle Lot of having less than a 30-foot frontage. Lot 3 and Lot 5 would have less than 30-foot frontage but results in a better lot configuration, reduces the amount of grading required, and retains existing mature trees on site.
(D) Lot Lines
The proposed subdivision divides the property proportionately, yielding the best possible building sites. Additionally, the proposed lot lines are at right angles to the road right-ofway lines. (E) Solar Access:
The proposed parcels have sufficient room for ground mounted solar installations.
Additionally, solar access could be found on the roof at any future proposed buildings. (F) Access:
(1) All of the lots shall have access to the proposed private road: Cañada Court. (2) None of the lots will be divided by a driveway or access easement. (3) Each parcel would be able to be served by its own driveway. (G) Drainage:
The proposal includes the installation of drainage facilities that are designed to accommodate the maximum development potential for all of the lots. All of the lots shall drain away from any future buildings and would be able to drain water runoff away from the residences and could retain development induced drainage onsite that would not increase drainage to adjacent roads.
(H) Non-access Dedications:
Both proposed lots would only be able to take access from the proposed private road, Cañada Court. The private road would be the only access off of Cañada Road. (I) Remnant Lots:
(1) The proposed subdivision would not create any substandard lots. (2) None of the proposed lots would be split by a Town or County boundary. (J) Noise Considerations:
General Plan Map N1 (2030 Noise Contour Projections) shows the project site within the areas where noise is projected to exceed 55 Ldn in the future. Any future development would be required to follow any noise requirements at the time of application.
Item A Page 77 Town Council Meeting November 28, 2023
(K) Buildings Sites:
The conceptual building site is within an area of the site not constrained by steep slopes, and as outlined in the MND prepared for the project, the project site is within a suburban part of Town that is not considered an environmentally sensitive area.
WMC §152.113 (Road Pattern)
WMC §152.113 (A-B) outlines the requirements for proposed road patterns within subdivisions.
The proposed project includes a proposed private road. The road is located within the location of the existing driveway that serves the property. The private road is curvilinear which is harmonious with the natural surroundings.
WMC §152.114 (Road Design)
WMC §152.114 (A-K) outlines the requirements for proposed road designs within subdivisions.
The private road will meet the minimum criteria for road design.
WMC §152.115 (Road Rights-of-Way and Pavement Widths)
WMC §152.115 (A-E) outlines the requirements for proposed road rights-of-way widths within subdivisions. The private road easement will be 40-feet wide and will have 20-feet of paving.
WMC §152.116 (Drainage)
WMC §152.116 (A-B) outlines the requirements for proposed or required drainage facilities within subdivisions. The drainage design conforms to the Town’s Storm Drainage Master Plan and the Town’s drainage requirements. Easements are dedicated for drainage facilities.
WMC §152.117 (Trails)
WMC §152.117 (A-C) outlines the requirements for proposed trail easements. No trails or trail easements are proposed as part of this subdivision.
WMC §152.118 (Public Utilities and Easements)
WMC §152.118 outlines the requirements for undergrounding and locating proposed utilities. The proposed utilities shall be located underground within the 40-foot roadway easement and are available from Cañada Road.
WMC §152.119 (Conservation, Open Space, and Scenic Easements) WMC §152.119 states that the Planning Commission may require the dedication of conservation, open space, and scenic easements for the express purpose of protecting the natural vegetation, terrain, watercourses, historic and cultural resources, scenic vistas, and wildlife to prevent erosion, water quality problems, and geologic hazards.
The Environment and Open Space Committee recommended an easement on the northern property boundary that would restrict the installation of fencing, and the reason being to maintain a wildlife corridor. Easement dedication should not be required unless a strong nexus can be made between the impacts from the proposed project and the need for such an easement, such as impacts to an environmentally sensitive area. Easement dedication is not included in the project.
WMC §152.120 (Parks and Recreational Areas)
WMC §152.120 (A-C) explains the requirements for the dedication of parks and recreational areas.
There are no park or recreational areas proposed as part of the subdivision.
Item A Page 78 Town Council Meeting November 28, 2023
WMC §152.121 (Sewage Disposal)
WMC §152.121 requires that each proposed parcel be designed to provide an effective disposal system. The existing residence and accessory structures are served by a septic system. The project proposes connecting and installing utilities for sanitary sewer. The property is located within the Redwood Creek Sewer Service District and a will-serve letter was provided.
WMC §152.122 (Water Supply)
WMC §152.122 (A-B) provides requirements for water supply. The project site will be served by CalWater and a will-serve letter was issued.
Additionally, the Fire Marshal and Fire Chief have participated in the Subdivision Review Committee meetings and have found that the proposed fire hydrants locations could serve future development on the proposed parcels.
WMC §152.123 (Geotechnical Reports)
WMC §152.123 (A-C) provides requirements for the submittal of geotechnical reports. The applicant provided a Geotechnical Feasibility Report evaluating the stability of potential residence sites at the Concept Map and Tentative Map stages for the Town Geologist review. The applicant provided the necessary information after performing a fault investigation test and the Town Geologist approved the geotechnical feasibility of the subdivision. Any future application for development shall follow the recommendations from the Town Geologist.
WMC §152.124 (Grading)
WMC §152.124 requires that all grading design be based on the recommendations of the geotechnical report, and the Town Engineer and Town Geologist. The project proposes 830 cubic yards of cut and 830 cubic yards of fill to be balanced onsite. The total grading is considered significant and requires a Grading Exception. The Town Geologist and Town Engineer evaluated the grading design and only that amount of grading necessary to ensure an adequate residential and accessory use and vehicular access, and to provide for adequate drainage is proposed.
WMC §152.125 (Landscaping and Erosion Control)
WMC §152.125 requires that all subdivisions that include grading also include landscaping to help control erosion. Since grading is proposed for the construction of the road, the applicant has indicated the intent to install a Master Tree Plan. Prior to submittal of the Final Map, the plans shall incorporate a Master Tree Plan for the road.
WMC §152.126 (Improvements)
WMC §152.126 (A-B) provide detailed requirements for all proposed site improvements such as roadway construction and maintenance. The improvements include the construction and maintenance of the road, installation of the drainage facilities and bio-retention facilities, and installation of the underground utilities. A maintenance bond and review of improvement plans shall be required.
VI. ADDITIONAL PROJECT ATTRIBUTES
A. General Plan Amendment
A General Plan Amendment is required to revise the site’s designation from Institutional to Residential. The Institutional General Plan land use designation was established years ago and is Item A Page 79 Town Council Meeting November 28, 2023
reflective of the former uses of the site as a private catholic school and church and ownership of the site by the Archdiocese of San Francisco. The property and surrounding area are zoned SR, Suburban Residential, which permits single-family homes on parcels with a minimum lot area of one acre. The church facility was converted to a single-family residence. The proposed General Plan Amendment and seven-lot residential subdivision are subject to review by the Planning Commission, with recommendation to the Town Council. The Town Council would have to review the proposed General Plan amendment, therefore the entire project will be reviewed by the Council for final action on all entitlements.
B. Grading Exception
Pursuant to WMC §151.22(B), site grading exceeding 1,500 cubic yards or cuts and fills exceeding 8 feet in height is considered substantial in terms of the policies contained in the General Plan and requires a Grading Exception. The applicant proposes site grading exceeding 1,500 cub yards, therefore a Grading Exception is required. The proposed grading quantities are summarized in the Table, below:
Table 2. Proposed Grading Quantities
Feature: Cut (cubic yards): Fill (cubic yards):
Basement 0 0
Light well, Below Grade Patio 0 0
Tunnels 0 0
Site Grading 830 830
Cisterns, Tanks & Septic
Systems
0 0
Swimming Pool(s) and Spa(s) 0 0
Building Footprint without
Basement
0 0
Total Project Grading: 830 830
Required Export: 0 cubic yards
Bold quantities count towards Grading quantities (1,660 cubic yards) The proposed site grading includes 830 cubic yards of cut and 830 cubic yards of fill, for a total of 1,660 cubic yards of site grading (Attachment G, Sheet TM-3,0). Grading over 100 cubic yards requires a Site Development Permit. A Grading Exception is required for this project for the proposed site grading quantity.
WMC §151.22(B) requires Planning Commission approval of a Grading Exception for projects which include grading exceeding 1,500 cubic yards, or for any cuts or fills that exceed 8 feet in height. The subject project does not include cuts or fills that exceed 8 feet in height, therefore, a Grading Exception is only required for site grading that exceeds 1,500 cubic yards. Grading Exceptions are approved by the Planning Commission, following a public hearing and review of the recommendations from the Town Engineer and Planning Director. Pursuant to Municipal Code §151.22(B)(6), the Planning Commission must make all of the required findings, in order to approve the requested Exception.
Engineering Department Review
Pursuant to WMC §151.22(B)(1), the Engineering Department reviewed the proposed plans and Item A Page 80 Town Council Meeting November 28, 2023
the Town Engineer recommends approval of the Exception, citing the following:
1. All significant physical constraints related to grading have been adequately addressed to allow the Grading Exception, as evidenced by the Project Plans (Attachment H);
2. The site will be properly contoured to minimize abrupt grade changes and result in natural appearing landforms; and,
3. Natural State will be preserved to the maximum extent possible and has been reviewed by Planning staff to be of no significant issue for the Grading Exception*. *The subject property does not require a Natural State set aside pursuant to the WMC (i.e., the subject property has an average slope of less than 12.5 percent.) Findings for Grading Exceptions
WMC§151.22(B)(6) allows the Planning Commission to approve the Grading Exception, if the three following findings can be made. The required findings from the Municipal Code are in italics, and the recommended reasoning for the Planning Commission findings are listed below each finding. (1) Constraints. There are no significant physical constraints relating to Grading, including lot configuration, topography, geology, sewage disposal, ground water, Scenic Road impact, storm drainage, vehicular access, vegetation removal, significant trees, creek impacts, and cultural resource impacts.
(2) Design. All Site Grading shall be properly contoured, result in natural appearing landforms specific to the site, and minimize abrupt grade changes. (3) Natural State Restoration. Natural State Restoration shall be accomplished to the maximum extent practicable.
Staff recommends approval of the requested Grading Exception (GRAD2020-0001) subject to the Conditions of Approval, and has included detailed recommended findings for approval in the Draft Resolution in Attachment A. The following is a summary of the basis for the findings for approval:
• Proposed grading would not occur within any slopes in excess of 35% (topography); • The grading necessary for the private road uses the existing driveway and minimizes native tree removal; and,
• Although the site does not have a Natural State requirement, the existing development will be removed, and the grading will be limited to the area of the private road, maintaining a majority of the property in its existing condition.
C. PLANNING COMMISSION ACTIONS
The Planning Commission must review the MND, to determine if the document adequately addresses all environmental issues, pursuant to CEQA. If the Planning Commission finds the MND complete, the Planning Commission should recommend adoption of the MND to the Town Council.
Lastly, the Planning Commission should determine whether all of the findings for approval can be made. If all of the findings for approval can be made, the Planning Commission should recommend approval of the proposed subdivision to the Town Council.
Item A Page 81 Town Council Meeting November 28, 2023
CEQA Options
As discussed above the Planning Commission must review the MND. Below are three (3) different options for taking action on the MND:
1. Recommend adoption of the MND to the Town Council, as presented and recommended by staff;
2. Recommend changes to the MND; which may require recirculation of the MND, depending on the extent of the required changes; or,
3. Reject the MND as inadequate under CEQA, and recommend preparation of an EIR.
Project Options
Once the Planning Commission reviews the entire record including public testimony and adopts the MND by approving the Resolution in Attachment A (if determine that findings for approval can be made), the Planning Commission may take any of the following actions on the Project:
1. Recommend approval of the project as recommended by staff; based on the findings in the Draft Resolution (Attachment A), or with minor modifications to the Draft Resolution.
2. Determine that the current project is not consistent with the General Plan policies, and ask if the applicant would like to revise the project to address the General Plan inconsistencies prior to the Planning Commission taking action on the Project. If the applicant decides to redesign the project to comply with the General Plan, the Planning Commission may continue the item with direction to the applicant on how the project could be modified to comply with the General Plan. If the applicant declines the invitation to revise the project, the Planning Commission should continue the item with reasons why the findings cannot be made to recommend approval of the project, and staff would forward the Resolution for Denial based on the Planning Commission's findings.
3. Continue the item with direction for additional information from staff and/or the applicant.
Public Correspondence
During the recent ASRB hearing on the project several nearby residents expressing concerns about the overall project related to drainage runoff from the site, traffic impacts to Cañada Road, size of the lots, increased fire hazard, and removal of the Institutional General Plan Designation. While most residents did not oppose the idea of dividing the land into new lots, all agreed that they would like to see fewer larger sized lots that are at least twice the minimum lot size required in the SR Zoning District (1-acre minimum Lot Aize required in the SR District).
D. CONCLUSION
The Planning Commission shall review and consider all materials and public testimony prior to coming to a conclusion on the project. Once the Planning Commission determines that it has all the information necessary to make a recommendation to the Town Council, the Commission shall approve the Draft Resolutions, as written or as modified by the Commission, subject to the following Conditions of Approval:
Item A Page 82 Town Council Meeting November 28, 2023
I. Prior to the submittal of the Final Map:
a. The Final Map shall be prepared in accordance with all of the requirements for Final Maps in Woodside Municipal Code Chapter 152.
b. The Final Map shall include a Master Tree Plan for the private road. c. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's) for review by the Town that outlines all mitigation measures from the Mitigated Negative Declaration (MND), restrictions for future improvements to the land, and a private road/infrastructure, including the drainage and bio retention easements, maintenance agreement applying to all new lots.
d. If applicable, the applicant shall submit any outstanding funds related to the processing of the Tentative Map and/or CEQA Mitigated Negative Declaration.
II. Prior to Town Council approval of the Final Map and Easements:
a. The applicant shall file a Final Map prepared by a licensed land surveyor that meets all requirements of Woodside Municipal Code Chapter 152. The applicant shall file a complete application, including the CC&R for the Final Map along with any required deposit for Town review.
b. The subdivider shall design, obtain permits, and install new improvements including the private road, underground utilities, and drainage facilities (bio-retention areas) sufficient to meet applicable Town Municipal Code and applicable fire code requirements, and pass all required inspections.
c. The subdivider shall pay the fees for any construction permit in connection with all above improvements, and shall pay associated costs for plan review and inspections.
III. Prior to the recordation:
a. The Final Map shall be signed by the property owner(s) and all required Town Staff. b. The applicant shall complete all steps required by the County prior to recordation and set up an appointment with the County for signatures and recordation.
IV. Along with recordation of the Final Map:
a. CC&Rs approved by the Town Council shall be recorded.
ATTACHMENTS
A. Draft Resolution Recommending Adoption of the MND and MMRP (CEQA2022-0001) and the Proposed Subdivision (SDIV2022-0001; GPAM2023-0001; GRAD2023-0001)
1. Mitigation Monitoring and Reporting Program (MMRP)
B. Concept Map Subdivision Review Committee Letter, dated August 8, 2022 C. Applicants Response to the Concept Map Subdivision Review Committee Letter, dated September 11, 2023
D. Tentative Map Subdivision Review Committee Letter, dated September 26, 2023 E. Woodside Municipal Code §152.111 - 152.126
F. Project Chronology
G. Final Mitigated Negative Declaration (See link:
https://www.woodsidetown.org/planning/ceqa-review-1101-ca%C3%B1ada-roadca%C3%B1ada-court-subdivision.) Hard copies of the MND are available upon request from Town staff.)
1. Draft Mitigation Monitoring and Reporting Program (MMRP) Item A Page 83 Town Council Meeting November 28, 2023
2. California Historical Resources Information System (CHRIS), letter of May 9, 2023
3. Native American Heritage Consultation List, dated December 1, 2022
4. Letters sent to Culturally Affiliated Native American Contacts recommended by the California Native American Heritage Commission, dated March 3, 2023
5. Tribal Response Letter received from Amah Mutsun Tribal Band of San Juan Bautista representative, Irenne Zwierlwin
6. Primary Record, prepared by Urban Programmers, January 20, 2022
7. Geotechnical Investigation, Murray Engineers, Inc., dated March 2022
8. Supplemental Geologic Report, prepared by Murray Engineers, Inc., dated November 21, 2022
9. Transportation Study, prepared by Hexagon Transportation Consultants, Inc., dated February 14, 2023
10. Biological Resources Assessment, prepared by Sunset Ecological Solutions, dated November 18, 2021
11. Rare Plant Survey Results, prepared by Sunset Ecological Solutions, dated March 15, 2022
12. Air Quality Report, prepared by Illingworth & Rodkin, Inc. dated July 18, 2023
13. Noise Study, prepared by Salter, Inc., dated February 11, 2022 H. Tentative Map, received March 9, 2023 (Planning Commission Only*) *Copies of all materials distributed to the Planning Commission are available at Town of Woodside, located at 2955 Woodside Road, Woodside, CA 94062, or video conference, by appointment only.
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ATTACHMENT A
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1101 Cañada Road – Cañada Court Subdivision CEQA Mitigation Measures Town of Woodside Page 1
Mitigation Measure AIR ̵1 (Construction Impacts):
During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. Additional measures are identified to reduce construction equipment exhaust emissions. The contractor shall implement the following best management practices that are required of all projects:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
Mitigation Measure AIR ̵2 (Use of construction equipment during the demolition and grading phases that have low diesel particulate matter exhaust emissions):
Implement a feasible plan to reduce diesel particulate matter emissions during the demolition and grading phases of construction such that increased cancer risk and annual PM2.5 concentrations from construction would be reduced below TAC significance levels as follows:
1. All construction equipment larger than 25 horsepower used at the site during the demolition and grading phases for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for PM (PM10 and PM2.5), if feasible, otherwise, a. If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 10 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination),
b. Use of electrical or non-diesel fueled equipment.
2. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site during demolition and grading would achieve a reduction in construction diesel particulate matter emissions by 10 percent or greater. Elements of the plan could include a combination of some of the following measures:
ATTACHMENT 1
Item A Page 98 Town Council Meeting November 28, 2023
1101 Cañada Road – Cañada Court Subdivision CEQA Mitigation Measures Town of Woodside Page 2
• Implementation of No. 1 above to use Tier 4 or alternatively fueled equipment, • Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
• Change in construction build-out plans to lengthen phases, and • Implementation of different building techniques that result in less diesel equipment usage.
Such a construction operations plan would be subject to review by an air quality expert and approved by the Town prior to construction.
Mitigation Measure BIOLOGICAL-1 (Nesting Bird Avoidance): If any active nests are established within the vicinity of proposed grading in the future, they shall be avoided until young birds are able to leave the nest (fledge) and forage on their own. Avoidance will be accomplished by scheduling grading and tree removal during the non-nesting period (August 15 through February 1) or, if this is not feasible, by conducting a pre-grading survey for nesting birds. Provisions of the pre-grading survey effort, if necessary, will include the following:
a) If grading is scheduled during the nesting period (January 15 through August 14), a qualified wildlife biologist shall conduct a pre-grading bird survey to confirm the presence or absence of active nests in the vicinity of proposed construction activities. The survey area will include the complete Project Area and adjacent areas up to 300 feet for raptors. b) If active nests are encountered, the biologist will prepare and implement species-specific measures to prevent abandonment of the active nest(s). At a minimum, grading in the vicinity of a nest's tree shall be deferred until the young birds have fledged, and a constructiondisturbance within a distance determined by the biologist will be provided based on the species, visual and auditory buffers, and presence of non-project activity disturbance. Grading or other project-related disturbance in the vicinity of the nest will not be permitted until the biologist confirms that the young birds have fledged. The biologist will submit a survey report to the City verifying that the young have fledged before grading in the construction-disturbance setback area is initiated.
c) If project construction is halted for more than 14 days during the nesting season, another survey will be conducted to ensure nests are not built within that time period.
Mitigation Measure BIOLOGICAL-2 (Roosting Bat Avoidance): Potential impacts to roosting bats will be avoided by avoiding disturbance to active roost sites.
a) Tree removal or trimming will take place between September and October. This window falls outside of both the maternity and hibernation period for bats and avoids the breeding bird window.
Tree removal can take place during this period without a breeding bird or bat roost survey.
If removal of trees (DBH >12 inches) occurs during the bat roosting season (November through August), these trees will be inspected by a qualified biologist for the presence of bat roosts. Potential bat roosts include large oak trees, broad leafed trees, exfoliating bark, tree cavities, and snags. If a maternity roost is detected, a 200-foot buffer will be placed around the maternity site until the bats Item A Page 99 Town Council Meeting November 28, 2023
1101 Cañada Road – Cañada Court Subdivision CEQA Mitigation Measures Town of Woodside Page 3
are no longer utilizing the site. Non-maternity roost sites can be removed under the direction of the biologist.
b) Any large tree (DBH >12 inches) that will be removed shall be left on the ground for 24 hours before being taken offsite or chipped. This period will allow any day roosting bats the opportunity to leave before the tree is either removed from the area or chipped.
Mitigation Measure CULTURAL-1 (Archaeological Monitor During Ground Disturbance/Project Construction): A certified archaeologist shall monitor all ground-disturbing activities and project construction.
Mitigation Measure CULTURAL ̵2 (Archaeological Resources):
a. The following practices shall be followed during all phases of site preparation and construction activities:
If archaeological resources are encountered during construction, construction personnel should be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources, and the Town and a licensed archaeologist should be contacted to evaluate the situation. Project personnel should not collect cultural resources. A licensed archaeologist should be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines, prior to the submittal of a resource mitigation plan and monitoring program to the Town for review and approval; and prior to the continuation of any on-site construction activity. Native American resources include, but are not limited to chert or obsidian flakes, projectile points, mortars, and pestles; and dark, friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic-period resources include stone or adobe foundations or walls; remains and structures with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. b. Any identified cultural resources shall be recorded on DPR 523 historic resource recordation forms available from the Office of Historic Preservation.
Mitigation Measure CULTURAL ̵3 (Construction Impacts - Cultural Resources): In the event a human burial or skeletal element is identified during excavation or construction, work in that location should stop immediately until the find can be properly treated. The Town of Woodside and the San Mateo County Coroner’s office should be notified. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission which would identify a “Most Likely Descendant (MLD).” The archeological consultant and MLD, in conjunction with the project sponsor, should formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, or removal and reburial on site or elsewhere. Associated grave goods are to be treated in the same manner (See also Mitigation Measure CULTURAL-1). If a human burial or skeletal element is identified procedures in Mitigation Measure TRIBAL CULTURAL-4 shall be followed.
Mitigation Measure GEO-1 (Seismic and Geotech Control): Improvements to the site, including those associated with the proposed subdivision and future residential structures shall be designed and constructed in accordance with design-level geotech report and plans prepared by a California registered engineer, submitted as part of the building permit and improvement plan process with the Town of Woodside. The Geotech investigation or investigations for the private road and individual properties shall be based on preliminary development plans that show building sites, driveways, retaining walls, and initial details of future residences and a pertinent structures. The investigation shall include additional subsurface exploration along the alignment of the private road, around proposed homes, a pertinent structures, retaining walls, and areas of significant grading. The investigation shall include laboratory testing to evaluate the engineering properties of soil and bedrock samples, and analysis to develop project-specific geotechnical Item A Page 100 Town Council Meeting November 28, 2023
1101 Cañada Road – Cañada Court Subdivision CEQA Mitigation Measures Town of Woodside Page 4
design criteria and recommendations for the grading, foundations, and control of surface and subsurface drainage.
Mitigation Measure GEO-2 (Erosion Control): Erosion control measures including: erosion control fabric, wattles, fiber rolls, silt fences, berms, and other measures, shall be installed to ensure stabilization of soils at the project site during and following the construction period.
Mitigation Measure NOISE ̵1 (Construction Noise):
• Construction activities shall be limited to weekdays between 7:30 a.m. and 5:30 p.m., and Saturdays between 8:00 a.m. and 1:00 p.m. No construction should take place on Sundays or holidays. At all times, broadcast, recorded, or amplified music is not allowed to be audible beyond the property lines of any construction site.
• All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences.
• Prior to the issuance of Building Permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints.
• Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets.
• A Construction Staging Plan shall be submitted with a schedule that includes materials storage locations and parking.
Mitigation Measure TRIBAL CULTURAL-1 (Culturally Affiliated Native American Monitor During Ground Disturbance/Project Construction): A culturally affiliated Native American with knowledge of cultural resources shall monitor all ground-disturbing activities and project construction.
Mitigation Measure TRIBAL CULTURAL-2 (Ground Disturbance): Planning for construction shall include avoidance of any encountered resources and protection of the cultural and natural context. Native American resources include but are not limited to: chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human remains.
Mitigation Measure TRIBAL CULTURAL-3 (Disposition of Recovered Cultural Items): Any resource encountered shall require stopping of construction to consult with any Native American tribe culturally affiliated with the area for recommendations to appropriately care for the discovered resources. Any resource encountered shall be treated with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to:
• Protecting the cultural character and integrity of the resource; • Protecting the traditional use of the resource; and,
• Protecting the confidentiality of the resource.
Mitigation Measure TRIBAL CULTURAL-4 (Inadvertently Discovered Native American Human Remains):
Any Native American human remains and associated grave artifacts shall be repatriated in consultation with any Native American tribe culturally affiliated with the area. The process outlined below shall be followed to be consistent California Health and Safety Code §7050.5 and Public Resources Code §5097.98:
Item A Page 101 Town Council Meeting November 28, 2023
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Specifically, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the corner of the county in which the human remains are discovered has been determined and that the remains are not subject to the provisions of Section 27491 of the Government Code or another related provision of law concerning investigation of the circumstances, manner or cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation or to his or her authorized representative (Health and Safety Code Section 7050.5).
The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.
If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC).
(a) Whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, pursuant to Health and Safety Code Section 7050.5(c), it shall immediately notify those persons it believes to be most likely descended from the deceased Native American (Most Likely Descendant (MLD)). The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner, or the person responsible for the excavation work, means for treatment or disposition, with appropriate dignity of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site (Public Resources Code Section 5097.98).
(b) Upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment.
1. The descendants’ preferences for treatment may include the following:
A. The nondestructive removal and analysis of human remains, and items associated with Native American human remains.
B. Preservation of Native American human remains and associated items in place.
C. Relinquishment of Native American human remains and associated items to the descendants for treatment.
D. Other culturally appropriate treatment.
2. The parties may also mutually agree to extend discussions, taking into account the possibility that additional or multiple Native American human remains, as defined in this section, are located in the project area, providing a basis for additional treatment measures. (c) For purposes of this section, “conferral” or “discuss and confer” means the meaningful and timely discussion and careful consideration of the views of each party, in a manner that is cognizant of Item A Page 102 Town Council Meeting November 28, 2023
1101 Cañada Road – Cañada Court Subdivision CEQA Mitigation Measures Town of Woodside Page 6
all parties’ cultural values, and where feasible, seeking agreement. Each party shall recognize the other’s needs and concerns for confidentiality of information provided to the other. (d) Human remains of a Native American may be an inhumation or cremation, and in any state of decomposition or skeletal completeness. Any items associated with human remains that are placed or buried with the Native American human remains are to be treated in the same manner as the remains, but do not by themselves constitute human remains. (e) Whenever the NAHC is unable to identify a descendent, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendations of the descendants and the mediation provided for (in subdivision (k) of Section 5097.94) fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall reinter the human remains and items associated with the Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. To protect these sites, the landowner should do one or more of the following:
1. Record the site with the NAHC or the appropriate information Center.
2. Utilize an open-space or conservation zoning designation or easement.
3. Record a document with the County in which the property is located. The document shall be titled “Notice of Reinternment of Native American Remains” and shall include a legal description of the property, the name of the owner of the property, and the owner’s acknowledged signature, in addition to any other information required by this section. The document shall be indexed as a notice under the name of the owner. (f) Upon the discovery of multiple Native American human remains during a ground disturbing land development activity, the landowner may agree that additional conferral with the descendants is necessary to consider culturally appropriate treatment of multiple Native American human remains. Culturally appropriate treatment of the discovery may be ascertained from a review of the site utilizing cultural and archeological standards. Where the parties are unable to agree on the appropriate treatment measures, the human remains and items associated and buried with Native American human remains shall be reinterred with appropriate dignity, pursuant to subdivision (e).
(g) Measures taken to address human remains found would be exempt from review under the California Environmental Quality Act (CEQA).
End of mitigation measures
Item A Page 103 Town Council Meeting November 28, 2023
August 18, 2022
Tony Chao
Lea & Braze Engineering Inc.
2495 Industrial Parkway West
Hayward, CA 94545
RE: SDIV2021-0001 – 1101 Cañada Road (APN 073-011-270) Concept Map Review Comments
Dear Mr. Chao:
The Subdivision Review Committee, which met on July 14, 2022, has completed their review of the Concept Map for 1101 Cañada Road and provided comments, which are listed in the attached checklist. These comments should be addressed in an application for review of the Tentative Map.
Additionally, please refer to the following Woodside Municipal Code (WMC) Sections for the Tentative Map submittal requirements:
• WMC §152.071 (attached), lists Tentative Map requirements; and, • WMC §152.073 (attached), lists statements and materials to accompany Tentative Maps.
Please submit the Tentative Map and supporting documents at your earliest convenience.
With the initial submittal, please submit two full size sets of plans, two reduced size plans, one electronic copy of the plans, and two copies of each supporting document.
Once the application is deemed complete, staff will ask for additional half-size plan sets for the Town Committee members.
We look forward to working with you to complete this process. Any referenced Municipal Code sections can be found by clicking the Municipal Code link on the Town’s website, (www.woodsidetown.org). If you have any questions, please call me at 650-530-3436, or e-mail me at [email protected].
Best Regards,
Sarah Filipe
Sarah Filipe
Associate Planner
Attachments:
Application Review Checklist
Town Committee Comments on the Concept Map
WMC §152.071, Tentative Maps
WMC §152.073, Statements and Materials to Accompany Tentative Maps
ATTACHMENT B
Item A Page 104 Town Council Meeting November 28, 2023
Address: 1101 Cañada Road (APN 073-011-270)
File No.: SDIV2021-0001
Review Date: August 18, 2022
Subdivision Review Committee Comments
I. Planning Comments:
Below are comments from Jackie Young, the Planning Director. If you have any questions about the comments below, please contact the project planner, Sarah Filipe, at 650-530-3436 or [email protected].
A. The conformance of the proposed land division or subdivision with the General Plan and any relevant precise plan which has adopted by the Town; The subdivision contemplates residential use for which the land is designated in the General Plan (R, Residential).
There is no precise plan for plan for this property.
B. The environmental review documents;
The applicant shall comply with WMC Section 152.074 - Natural Land Features Study and California Environmental Quality Act.*
A) Applications for all land divisions and subdivisions visible from a Town or state designated Scenic Corridor (Cañada Road is a Town-designated scenic road) shall include a natural land features study consisting of:
(1) Slope features, including a certification of topographic data; (2) Biological inventory shown as identified in a Biological Report; (3) Geotechnical features shown as identified in a geotechnical report;
SUBDIVISION REVIEW COMMITTEE REPORT ON THE CONCEPT MAP
Item A Page 105 Town Council Meeting November 28, 2023
(4) Noise exposure shown as identified in a Noise Study; (5) Off-site visual impacts using building renderings as viewed from the scenic corridor;
(6) Drainage for existing and proposed drainage patterns; (7) Grading;
(8) Septic system feasibility analysis (if applicable, sewer will serve letter is pending); and,
(9) Off-site cumulative impacts assessment evaluating potential building locations using the constraints identified in the studies above.
(B) The natural land features study shall be presented in a form that allows the Town to identify the most and least environmentally sensitive areas. (C) All land divisions, and subdivisions shall be subject to CEQA. If an exemption from CEQA is not provided in the Statutory or Categorical Exceptions in the CEQA Guidelines, the Town shall prepare an Initial Study to determine if the land division or subdivision warrants a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report to be prepared by the Town or the Town's consultant at the expense of the applicant. All state required timelines and procedures shall be followed in the preparation and processing of all CEQA documents.
Pursuant to Section 15074, as stated or hereafter amended, of the CEQA Guidelines, any recommending body, such as the Town subcommittees and ASRB, shall also consider the CEQA document before making their recommendations.
* Please contact Sarah Filipe at [email protected] to submit a deposit for your CEQA review. The CEQA review will be completed by staff. C. The conformance of the proposed land division or subdivision to the zoning regulations for the district in which the land division or subdivision is located; The property is located in the SR, Suburban Residential zone district (minimum 1 acre). The proposed parcels in the subdivision comply with all applicable zoning regulations; including, but not limited to, lot size and dimensions.
Item A Page 106 Town Council Meeting November 28, 2023
The applicant is exploring an alternate site plan which would utilize the existing driveway serving the site to reduce the grading quantities. Both alternatives will be presented to the neighbors and the public.
D. The adequacy of the proposed building sites and driveways layout; The map includes conceptual main residence and ADU building envelopes and driveway locations.
E. The lot design, traffic circulation, and other features relative to the design standards of this chapter, adopted Town policies, and developments on properties in the general area of proposed land division or subdivision;
The lot design, and traffic circulation (also see Town Engineer subdivision comments), meet the standards of the Town.
F. The numbering of the lots;
The seven lots are designated as: Parcels 1 through 7.
G. The land division or subdivision name and the road names proposed; The subdivision is named “Cañada Court Subdivision”. The road is named Cañada Court.
H. The adequacy of the proposed easements for hiking and equestrian trails and pedestrian and bicycle paths;
The subdivision includes a 40-foot-wide private ingress/egress easement, a 20-footwide paved private road and 80-foot-wide paved private cul-de-sac, and a 4-footwide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public trail easement along the subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road.
I. The adequacy of the proposed areas to be dedicated for public use, conservation, scenic, and open space easements;
No dedications are proposed. The subdivision includes a 40-foot-wide private ingress/egress easement, a 20-foot-wide paved private road and 80-foot-wide paved private cul-de-sac, and a 4-foot-wide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public Item A Page 107 Town Council Meeting November 28, 2023
trail easement along the subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road. J. The visual and/or aesthetic impacts;
The visual and/or aesthetic impacts of future residential development will be assessed when the future development is proposed. The subdivision includes conceptual main residence and ADU building envelopes.
K. The solar access; and
Solar access will be assessed when future development is proposed. L. The historical significance of buildings or sites.
A historic evaluation of the prior church (which was subsequently converted to a residence) was prepared by Bonnie Bamburg, Urban Programmers, dated January 20, 2022. The building was not found to be historically significant, nor was the site identified as historically significant. The proposed subdivision would therefore not result in an impact to any significant building or site.
The Grading Permit will include the standard conditions for observation, treatment and notification of any historic and prehistoric resources encountered during grading.
II. Engineering Comments:
Below are comments from Sean Rose, the Town Engineer. If you have any questions about the comments below, please contact Sean Rose, at 650-851-6796 or [email protected]. A. The adequacy of the right-of-way and pavement widths, type of pavement, and condition of existing roads affected by the land division or subdivision:
a. No major issue getting access from Canada Road.
b. Applicant looking into revising the proposed access roadway location to utilize the original site driveway to minimize the grading quantity. B. The adequacy of the proposed roads for motorized or non-motorized vehicles within the land division or subdivision:
a. Proposed 40 feet private Ingress/Egress easement with 20 feet of pavement and 80 feet cul-de-sac is adequate for vehicular and emergency vehicle.
Item A Page 108 Town Council Meeting November 28, 2023
C. The adequacy of the existing and proposed trails and paths:
a. Applicant to extend the pedestrian path to all lots and connect to the existing path along Canada Road.
D. The adequacy of the easements proposed for public improvements, utilities, and drainage facilities:
a. No major issue. Proposed 40 feet private Ingress/Egress and utility easement, and the proposed private storm drain easement along northwesterly property line provide adequate easement for utilities. E. The availability of the necessary utilities, including the method of connection:
a. No major flaws. All proposed services are along Canada Road frontage. b. Applicants need to provide will serve letter from sewer district. Project is within Redwood Creek Sewer Service District.
c. Any crossing overhead utilities to provide services to the adjacent properties need to be undergrounded or relocated outside of the project boundary.
d. All new services to be underground.
e. Existing OH wires and poles are along the southside of the Canada Road. No undergrounding is needed.
f. There are existing poles and overhung wires outside of the project boundary along easterly property lines on the adjacent properties. F. The adequacy of the proposed methods for handling drainage and stormwater runoff and the effect on drainage in the general area:
a. Conceptually project is proposing 20-foot private storm drain easement along northwest property line to capture the flow from the existing 36” RCP shown on the plan and convey the flow to the drainage ditch system along Canada Road.
b. Project is proposing 20-foot bio retention area along Canada frontage to capture and treat the site flow.
c. Project to provide storm drainage study and calcs to support the proposed SD system.
G. The effect of the proposed grading and the adequacy of proposed erosion control measures during and after grading:
a. As proposed applicant estimates 27000+ CY of earth being exported. b. Applicant is working on an alternative site plan which will utilize the existing driveway serving the site to cut on the grading quantity. Both alternatives will be presented to neighbors and public.
Item A Page 109 Town Council Meeting November 28, 2023
c. No grading on the 35% slope or more is allowed. Areas of 35% slope and greater need to be shown on the plan. Submitted Conceptual Map shows 50% slope and more.
d. Applicant was advised to provide a preliminary site logistic and preliminary erosion and sediment control plan.
e. Project will be required to comply with the NPDES pre and regional board post conduction requirements.
H. The evaluation of proposed driveways to individual lots:
a. No major issue.
I. The effects of the proposed land division or subdivision on other public improvements within the jurisdiction of the Town Engineer:
a. No major issue at this time.
J. The evaluation of the geotechnical report with respect to proposed building sites, roads, and storm drainage:
a. Canada Fault – Per state geo hazard map portion of the proposed lots along Canada Road, Lots 1 and 7 are within the Canada Fault Hazard area. b. City Geologist advised applicant that they need to do trenching instead of the bore and investigate the exact fault line and hazard area boundary. c. Applicant was advised to show the hazard zone boundary area on the tentative map.
K. This project is proposed to be served by water and sewer; therefore, the Town Engineer shall also report on these additional items:
a. No major flaws. All proposed services are along Canada Road frontage. b. Applicants need to provide will serve letter from sewer district. Project is within Redwood Creek Sewer Service District.
III. Geology Comments:
Below are comments from Andrew Mead, the Town Geologist. If you have any questions about the comments, please contact Andrew at 408-354-5542 or [email protected]. A. Supplemental Subsurface Investigation - The Project Geologist should design and implement a subsurface exploration program consistent with the guidance for investigating fault rupture hazards provided in California Geological Survey Special Publication 42 (SP 42). SP 42 notes that “Trenching is the most common type of subsurface fault investigation and offers several advantages over other methods including direct observation of subsurface geologic relationships”. We recommend that the Project Geologist contact the Town Geologist to discuss the proposed supplemental subsurface Item A Page 110 Town Council Meeting November 28, 2023
investigation program prior to performing the fieldwork. We also recommend that, if a trench is excavated as part of the supplemental investigation, the Town Geologist be afforded the opportunity to observe the trench after it has been sufficiently cleaned and logged by the Project Geologist.
The results of the supplemental subsurface investigation should be organized in a Fault Investigation Report or incorporated into the Geologic and Geotechnical Investigation Report and submitted to the Town with the Tentative Map Application for peer review by the Town Geologist.
IV. Fire District Comments:
Below are comments from Rob Lindner, the Fire Chief. If you have any questions about the comments, please contact Fire Marshal, Don Bullard at 650-851-1594 or [email protected].
A. THE FOLLOWING REQUIREMENTS MUST BE MET IN ORDER TO PASS FINAL FIRE INSPECTION:
1. 100' defensible space from any structure is required prior to start of construction and at Final Inspection.
2. Prior to construction 50' perimeter property line defensible space will be required per WFPD ordinance section 304.1.2.A
3. The turnaround cul de sac will be 96' width.
4. New roadway as proposed with 40' width meets WFPD standards for access.
5. GRADES: Driveways with less than 15% grade may be maintained all weather type and will support the weight of the heaviest fire apparatus during the wet season. Driveways greater than 15% grade need be rough grooved concrete or an alternate material approved by WFPD. NO grades shall exceed a 20%.
6. Water supply may need to be upgraded to meet 1000gpm from fire hydrants. Fire flow will need to be determined by Cal Water.
7. Two New Fire Hydrants will be required and must be installed prior to rough framing. The minimum fire flow shall be 1000 GPM. Locations to be determined at a later date with one hydrant near the middle of the cul de sac and one at the end of the cul de sac.
V. Town Committee Comments:
Please see attached for the Town Committee Comments (ASRB, Trails Committee, and the Environment, Open Space, Conservation, Sustainability Committee) that the Subdivision Item A Page 111 Town Council Meeting November 28, 2023
Committee chose to transmit. If you have any questions about the comments below, please contact the project planner, Sarah Filipe, at 650-530-3436 or [email protected].
Please note that additional comments may be generated by newly submitted information. If you have any questions about the required materials or comments above, please contact Associate Planner, Sarah Filipe at 650-530-3436 or [email protected].
Item A Page 112 Town Council Meeting November 28, 2023
Comments on the Concept Map
1101 Cañada Road
ASRB Comments: The ASRB made the following comments concerning the proposed subdivision, pursuant to WMC Section 152.131:
(1) The visual aesthetics of the location of the buildable areas outside of buildable constraints such as required setbacks, steep slopes, environmentally sensitive areas, geologic constraints, etc., for proposed land division or subdivision and the aesthetic relationship between the subdivision and the surrounding area;
- Provide before and after visuals of the site, i.e., photo simulations which go beyond the grading heat map.
-Consider which aspects of the project design maintain natural conditions and which create artificial conditions.
- Consider ways to lessen the standardization and optimization of the design to increase design and community character.
(2) The grading and drainage design;
- Critically review the grading plan to weigh balancing grading on site with the degree of alteration to the site’s existing character.
- Critically review the impact of the project drainage design on the drainage paths and infrastructure on neighboring properties and the Cañada Road frontage. (3) The trees and other vegetation proposed to be planted or to be removed; - Provide clearer documentation of trees and vegetation to be removed, trees and vegetation to be retained, and new replacement trees and vegetation.
- Include a Master Planned street tree plan to line the new street. (4) The solar access for all structures; and,
The Concept Map plans include conceptual building footprints for a single-family home and an accessory dwelling unit on each proposed lot. Without a specific project design, comments on solar access cannot be made.
(5) The designation of any building site or lot which will require special review when building permits or grading permits are requested.
Site grading would be done for the entire subdivision as opposed to lot by lot. The proposed grading includes 10, 215 cubic yards of cut and 10, 215 cubic yards of fill, thus balancing grading on site.
Grading over 1,500 cubic feet requires approval of a Grading Exception by the Planning Commission. Each proposed individual lot would amply allow for the development of a single family home and an accessory dwelling unit without the need for special reviews. Development of each proposed lot will require geotechnical review and responsive foundation design, which is typical in Town given its challenging soil and bedrock conditions (e.g., Whiskey Hill formation) as well as proximity to faults.
Item A Page 113 Town Council Meeting November 28, 2023
Additional comments:
Ensure adequate sight distance at the new proposed road location.
Ensure the availability of sewer.
Trails Committee Comments: The Trails Committee made the following comments concerning the proposed subdivision, pursuant to WMC Section 152.131:
(1) Provide access from proposed Lots 1, 2 and 3 to the adjacent equestrian easement located on 2 Eucalyptus Court and 3 Eucalyptus Court; and,
(2) Extend the proposed 4-ft wide, street side trail to reach Lot 4 (i.e., to the center line of the street/cul-de-sac).
(3) It was also noted that the proposed project in no way negatively affects the adjacent equestrian easement located on 2 Eucalyptus Court and 3 Eucalyptus Court, nor is abandonment of any existing adjacent or surrounding equestrian trail easement proposed.
Environment Open Space Conservation and Sustainability Committee Comments: The EOSCS Committee made the following comments concerning the proposed subdivision, pursuant to WMC Section 152.131:
See next page.
Item A Page 114 Town Council Meeting November 28, 2023
June 7th, 2022
Town of Woodside Environment, Open Space and Sustainability committee Review of 1101 Canãda Rd, Woodside, CA.
Proposal: Subdivision
Committee members:
Alayna Van Dervort
Moira Zbella
Sue Sweeney
Donna Howe
Andrew Fandrianto
Liz Kerr
Sten Mawson
Casey Doughty
As committee of the Environment, Open Space and Sustainability, we have reviewed on June 3rd, 2022, the property and landscape plan prepared for 1101 Canãda Rd in Woodside. In general, the plan is a straight forward subdivision prepared plan separating a single 7.8 acre property into seven, one-acre property subdivision. We have found that the plan for development of 1100 Canada Road does not follow the guidance from the Woodside Residential Design Guidelines, General Plan, Site Development Ordinance, and Municipal Codes and environmentally, we have a concerns including the proposed fencing, the lack of a conservation easement or wildlife corridor, the removal and clearing of trees, and the significant amount of land being graded and cleared.
Please see in detail the main concerns we have
1. Town guideline compliance for tree and soil removal
2. Town open fencing guideline for wildlife and biodiversity supporting corridors
3. Easements
Item A Page 115 Town Council Meeting November 28, 2023
1. Town guideline compliance for tree and soil removal
The Town Design Guidelines, General Plan, and Municipal Code clearly lay out a preference for tree preservation and minimal disturbance of natural terrain. After reviewing the project plan— including the biological report—the Environment, Open Space, and Sustainability Committee proposes that two elements in particular—tree removal and grading—be reconsidered in order to minimize the project’s environmental degradation and adhere to existing Town guidelines.
Trees provide important habitat to birds and bats, as outlined in the biological report for this site.
In addition, they sequester carbon dioxide and therefore contribute to global climate change mitigation. The amount of carbon dioxide sequestered by any given tree is dependent on the trees species, size, age and many other factors. The biological report describes a 2.06 acre section of this property that is defined as mixed coastal oak and redwood woodland. Mixed coastal oaks and redwoods are in fact two of the tree species that sequester the most carbon, at about 250 tons of carbon dioxide over the course of their lives. That means each tree stores the same amount of carbon as is emitted by 50 cars driving for an entire year. Due to the high carbon storage properties of these trees, the Environment, Open Space and Sustainability Committee proposes the following:
• The number of trees being removed be reconsidered. It has been reported that the trees need to be removed due to grading requirements; however, our committee proposes that grading also be minimized in order to preserve the woodland and avoid the significant emissions associated with earthwork (see below). Grading on the property should be returned to the original topographical shape.
•
• A full list of significant trees, including their species and size, be made available to the Town in conjunction with any permits submitted for tree removal. This will help the Environment, Open Space and Sustainability Committee evaluate the percentage of trees being requested for removal. The biological report lists significant trees including buckeye (Aesculus californica), California bay laurel (Umbellularia californica), coast live oak (Quercus agrifolia), coast redwood (Sequoia sempervirens), and valley oak (Quercus lobata). It is the recommendation of this committee that these mature trees be left untouched and protected during construction.
•
Additionally, the construction process accounts for 39% of global emissions. Excavation and earthwork during in the construction process in turn account for about 1.2% of construction emissions, or 0.5% of global emissions. The low fuel efficiency of the equipment and the sheer weight of the dirt being moved both contribute disproportionately to carbon emissions related to construction activities. Therefore, it is the recommendation of the Environment, Open Space and Sustainability Committee that the amount of grading, leveling and general earthwork be minimized as part of this project, or returned to natural state, not only to minimize the carbon emissions associated with the project but also to better comply with the Town guidelines designating minimal disturbance of natural terrain. Please see below for specific excerpts from Item A Page 116 Town Council Meeting November 28, 2023
the Woodside Residential Design Guidelines, General Plan, Site Development Ordinance, and Municipal Codes that outline the importance of preservation.
Residential Design Guidelines
SECTION 1: COMMUNITY CHARACTER
1. RURAL CHARACTER AND COMMUNITY AESTHETICS
b. Natural terrain
Properties should be developed with minimum disturbance to the natural terrain (ref. GP LU1.2).
2. SCENIC CORRIDORS AND VISTAS
Properties shall be developed in a manner which respects the character of scenic corridors and vistas.
a. Natural hillsides and wooded areas
Preserve the natural hillsides and wooded areas so that development is perceived as natural and rural.
3. NATURAL ENVIRONMENT
Properties shall be developed in a manner that preserves natural features. a. Natural features
The Woodside Community seeks to preserve, enhance, and restore the Town’s riparian corridors, woodlands, significant stands of native vegeta-tion, hillsides, other areas of special ecological significance, wildlife and natural habitats (ref. GP-3 & GP OS1.1). b. Rural character
Development should be in harmony with the rural character of the Town. Optimize opportunities to preserve open space through imaginative planning, good conservation practices and, where appropriate, the dedication of open space, conservation, trails, or scenic easements (ref. GP OS1.1 & GP LU1.1).
SECTION 2: SITE PLANNING
2. Natural Feature Conservation
Site development shall conserve the property’s open space, natural features, vegetation, and wildlife by subordinating development to the site’s natural conditions. a. Conserve topography
Conserve hillsides, knolls, native soil, and other natural features on the prop- erty. Minimize grading for buildings and driveways by locating these facili- ties close to and parallel with natural hillside contours (ref. GP CV1.1 & GP LU1.2).
b. Preserve trees and vegetation
Item A Page 117 Town Council Meeting November 28, 2023
Preserve and minimize development within the drip lines of significant trees and areas of natural vegetation (ref. WMC 153.170).
SECTION 4: LANDSCAPE ELEMENTS
The landscape design should minimize site disturbance; and preserve mature and native vegetation, stream corridors, wildlife corridors, and hillsides. The design should be informal and rural. The intensity of landscaping should decrease with the distance from the residence.
1. GRADING, DRAINAGE, AND HARDSCAPE
1. Grading, Drainage , and Hardscape. The landscape design shall minimize grading, allow for appropriate drainage, minimize paving, and preserve the natural and scenic character of Woodside.
a. Grading design
• Grading should result in natural-looking landforms which blend with existing contours (ref. GP LU1.2.3 & LUE-3).
• Grading and development within the driplines of significant trees should be avoided to protect the roots of the trees (ref. WMC 153.170 & GP CV1.1). b. Protect riparian areas, stream corridors, and wetlands Riparian areas, stream corridors, and wetlands should be protected. On sites where riparian areas have been previously compromised, restore natural condition to the greatest extent possible (ref.
GP CV1.1 & GP CV1.2).
2. PLANTING DESIGN
a. Existing vegetation
Existing native and mature vegetation, such as oak and redwood trees, should be preserved. New vegetation should not crowd existing trees. Do not plant or irrigate within the driplines of mature oaks (ref. WMC 153.170 & GP LU1.2).
General Plan
Open Space Element
See pages 148 - 152 (Open Spaces, Easements)
Conservation Element
Wildlife Habitat and Corridors
In order to maintain and enhance wildlife habitat, special attention should be given to maintaining clear passage through wildlife corridors, preserving riparian areas, and leaving portions of property undeveloped. Non-wildlife friendly fencing fragments habitats, alters migration patterns, forces wildlife on roadways, and makes previously populated habitat areas inaccessible. Clearing riparian and natural state areas reduces or eliminates wildlife food and shelter. The loss of protective cover also leaves species open to increased predation Woodside Municipal Code
Site Development Ordinance (Chapter 151 of the Woodside Municipal Code) Zoning Ordinance (Chapter 153 of the Woodside Municipal Code) Item A Page 118 Town Council Meeting November 28, 2023
2.Town open fencing guideline
for wildlife and biodiversity supportive corridors
The committee of the Environment, Open Space and Sustainability advises the following:
A requirement of wildlife friendly fencing be added to the proposal. Wildlife friendly fencing is to include the following:
Open post and rail design and no wire be added to the open rail design. We ask the town and council of Woodside to specify with the developer of 1101 Canãda Road, open fencing which will encourage habitat connectivity and biodiversity sustainability with the subdivision.
In accordance with the fencing guidelines found here:
https://www.woodsidetown.org/sites/default/files/fileattachments/planning/page/4511/woodside_ fencing_brochure_2016r.pdf
• no wire be added to the open rail design,
• to be consistent with the terms and intent of the town guidelines. • Fencing shall be open in design and compatible with the rural character of Woodside (ref.
WMC 153.051).
• Woodside’s rural character includes views of oak woodlands, mixed evergreen forests, meadows, the Western Hills, and the valley floor. The location and design of fencing is critical in maintaining these views. Fences also impact properties as seen from public roadways. Low, open design fences contribute to the rural experience of Woodside. • Locate fencing outside of stream corridor setbacks, riparian areas, and any known wildlife habitats and migratory corridors (ref. GP 0S1.2). • Locate fencing to avoid impacts to trees and other natural features (ref. WMC 153.170). • Open design: Fencing should be visually open. Fencing that allows for wildlife migration, such as open rail, is preferred. Fencing that is visually open, such as wood posts and welded wire is encouraged if wildlife friendly fencing1 is not feasible. • Fence materials: Rural styles, those that emphasize the use of natural materials such as wood, wood posts and welded wire, natural stone or brick, and which utilize natural colors, such as brown, grey, or green, are strongly encouraged. Other types of fencing, such as chain link, stucco, brick, and solid walls are strongly discouraged.
Item A Page 119 Town Council Meeting November 28, 2023
3 . Easements
Documents showing the donation from the Hoekenga family to the Town of Woodside the scenic easement adjacent to the Putnam family property. Review of the documents established that the easement is established for house of potential horse trails, utility trails and trees. It is not established by the Putnam family, and it is not for or in current condition to be considered a wildlife corridor. Please see documents attached.
The easement also have stone and water running through it. It is unclear if this is natural water or runoff from somewhere but if so, It is not a viable Horse trail.
The Committee recommends the Town of Woodside clean up the easement donated to them co comply with the set purpose of the easement. • Removal of wire fencing in multiple locations crossing the easement • brush & debris and invasive plants
New Easement consideration:
• The committee requests that the Putnam’s grant a new conservation easement on the property at 1101 Canãda Rd, proposed to develop into a subdividion. The easement should be adjacent to the current easement so that a wildlife corridor is created. The easement could be of a similar width to the current easement and along that property line. It should not significantly affect the value of the lots being proposed and would provide additional privacy to both the proposed lots and adjacent home owners.
Item A Page 120 Town Council Meeting November 28, 2023
•
Item A Page 121 Town Council Meeting November 28, 2023
Address: 1101 Canada Road, Woodside
Plan Check Response: 09/11/23
By: Tony Cao
A
The conformance of the proposed land division or subdivision with the General Plan and any relevant precise plan which has adopted by the Town; The subdivision contemplates residential use for which the land is designated in the General Plan (R, Residential).
There is no precise plan for plan for this property.
The subdivision is proposed to be SR zone. Confirming there is no precise development plan for each subdivided lot.
A) Applications for all land divisions and subdivisions visible from a Town or state designated Scenic Corridor (Cañada Road is a Town‐designated scenic road) shall include a natural land features study consisting of:
(1) Slope features, including a certification of topographic data; (2) Biological inventory shown as identified in a Biological Report; (3) Geotechnical features shown as identified in a geotechnical report; (4) Noise exposure shown as identified in a Noise Study; (5) Off‐site visual impacts using building renderings as viewed from the scenic corridor;
(6) Drainage for existing and proposed drainage patterns; (7) Grading;
(8) Septic system feasibility analysis (if applicable, sewer will serve letter is pending); and,
(9) Off‐site cumulative impacts assessment evaluating potential building locations using the constraints identified in the studies above.
The Tentative Map submittal has included all the followings documents for CEQA study.
(B) The natural land features study shall be presented in a form that allows the Town to identify the most and least environmentally sensitive areas. (C) All land divisions, and subdivisions shall be subject to CEQA. If an exemption from CEQA is not provided in the Statutory or Categorical Exceptions in the CEQA Guidelines, the Town shall prepare an Initial Study to determine if the land division or subdivision warrants a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report to be prepared by the Town or the Town's consultant at the expense of the applicant. All state required timelines and procedures shall be followed in the preparation and processing of all CEQA documents.
Pursuant to Section 15074, as stated or hereafter amended, of the CEQA Guidelines, any recommending body, such as the Town subcommittees and ASRB, shall also consider the CEQA document before making their recommendations.
B) The existing natural land features is submitted to the Town as Topographic Survey for the site.
C) Noted. CEQA report is completed from Town of Woodside's consultant.
C
The conformance of the proposed land division or subdivision to the zoning regulations for the district in which the land division or subdivision is located; The property is located in the SR, Suburban Residential zone district (minimum 1 acre). The proposed parcels in the subdivision comply with all applicable zoning regulations; including, but not limited to, lot size and dimensions. The applicant is exploring an alternate site plan which would utilize the existing driveway serving the site to reduce the grading quantities. Both alternatives will be presented to the neighbors and the public.
An alternative layout for the site is proposed during Tentative Map.
Please see updated map.
D
The adequacy of the proposed building sites and driveways layout; The map includes conceptual main residence and ADU building envelopes and driveway locations.
Noted. Confirm that each lot contains conceptual residence and ADU.
Job #: 2210245
Plan Check Received: 08‐2022
From: Town of Woodside
By: Subdivision Review Committee
The environmental review documents;
The applicant shall comply with WMC Section 152.074 ‐ Natural Land Features Study and California Environmental Quality Act.* B
I. Planning Comments
ATTACHMENT C
Item A Page 122 Town Council Meeting November 28, 2023
E
The lot design, traffic circulation, and other features relative to the design standards of this chapter, adopted Town policies, and developments on properties in the general area of proposed land division or subdivision; The lot design, and traffic circulation (also see Town Engineer subdivision comments), meet the standards of the Town.
Noted.
F
The numbering of the lots;
The seven lots are designated as: Parcels 1 through 7.
Confirmed number of lots.
G
The land division or subdivision name and the road names proposed; The subdivision is named “Cañada Court Subdivision”. The road is named Cañada Court.
Confirmed subdivision and road name.
H
The adequacy of the proposed easements for hiking and equestrian trails and pedestrian and bicycle paths;
The subdivision includes a 40‐foot‐wide private ingress/egress easement, a 20‐foot‐widepaved private road and 80‐foot‐wide paved private cul‐de‐sac, and a 4‐foot‐wide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public trail easement along the subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road.
Noted.
I
The adequacy of the proposed areas to be dedicated for public use, conservation, scenic, and open space easements;
No dedications are proposed. The subdivision includes a 40‐foot‐wide private ingress/egress easement, a 20‐foot‐wide paved private road and 80‐ foot‐wide paved private cul‐de‐sac, and a 4‐foot‐wide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public trail easement along the subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road.
Noted. Confirm no dedication is being proposed.
J
The visual and/or aesthetic impacts;
The visual and/or aesthetic impacts of future residential development will be assessed when the future development is proposed. The subdivision includes conceptual main residence and ADU building envelopes.
Noted. Please note that for CEQA study, we have provided the concteptual renderings from Van Acker.
K
The solar access; and
Solar access will be assessed when future development is proposed.
Noted.
L
The historical significance of buildings or sites.
A historic evaluation of the prior church (which was subsequently converted to a residence) was prepared by Bonnie Bamburg, Urban Programmers, dated January 20, 2022. The building was not found to be historically significant, nor was the site identified as historically significant. The proposed subdivision would therefore not result in an impact to any significant building or site.
The Grading Permit will include the standard conditions for observation, treatment and notification of any historic and prehistoric resources encountered during grading.
Noted.
A
The adequacy of the right‐of‐way and pavement widths, type of pavement, and condition of existing roads affected by the land division or subdivision:
a. No major issue getting access from Canada Road.
b. Applicant looking into revising the proposed access roadway location to utilize the original site driveway to minimize the grading quantity.
Noted. Confirming revised access alignment is present on Tentative Map to minimize grading quantity.
B
The adequacy of the proposed roads for motorized or non‐motorized vehicles within the land division or subdivision:
a. Proposed 40 feet private Ingress/Egress easement with 20 feet of pavement and 80 feet cul‐de‐sac is adequate for vehicular and emergency vehicle.
Noted.
II. Engineering Comments
Item A Page 123 Town Council Meeting November 28, 2023
C
The adequacy of the existing and proposed trails and paths:
a. Applicant to extend the pedestrian path to all lots and connect to the existing path along Canada Road.
Our revised walkway has connected the walkway for pedestrian to all lots. The revised roadway alignment is also keeping the propsoed driveway at the same location, thus walkway is connected.
D
The adequacy of the easements proposed for public improvements, utilities, and drainage facilities:
a. No major issue. Proposed 40 feet private Ingress/Egress and utility easement, and the proposed private storm drain easement along northwesterly property line provide adequate easement for utilities.
Noted.
E
The availability of the necessary utilities, including the method of connection:
a. No major flaws. All proposed services are along Canada Road frontage. b. Applicants need to provide will serve letter from sewer district. Project is within Redwood Creek Sewer Service District.
c. Any crossing overhead utilities to provide services to the adjacent properties need to be undergrounded or relocated outside of the project boundary.
d. All new services to be underground.
e. Existing OH wires and poles are along the southside of the Canada Road.
No undergrounding is needed.
f. There are existing poles and overhung wires outside of the project boundary along easterly property lines on the adjacent properties.
Noted. Sewer annexation to FOSMD has been completed on 11/09/2021.
F
The adequacy of the proposed methods for handling drainage and stormwater runoff and the effect on drainage in the general area:
a. Conceptually project is proposing 20‐foot private storm drain easement along northwest property line to capture the flow from the existing 36" RCP shown on the plan and convey the flow to the drainage ditch system along Canada Road.
b. Project is proposing 20‐foot bio retention area along Canada frontage to capture and treat the site flow.
c. Project to provide storm drainage study and calcs to support the proposed SD system.
Noted. Confirming all propsed stormdrainage features.
G
The effect of the proposed grading and the adequacy of proposed erosion control measures during and after grading:
a. As proposed applicant estimates 27000+ CY of earth being exported. b. Applicant is working on an alternative site plan which will utilize the existing driveway serving the site to cut on the grading quantity. Both alternatives will be presented to neighbors and public. c. No grading on the 35% slope or more is allowed. Areas of 35% slope and greater need to be shown on the plan. Submitted Conceptual Map shows 50% slope and more.
d. Applicant was advised to provide a preliminary site logistic and preliminary erosion and sediment control plan.
e. Project will be required to comply with the NPDES pre and regional board post conduction requirements.
Please note that grading quantity has been reduced to 1,660 cy due to change in design of the proposed roadway.
H The evaluation of proposed driveways to individual lots:
a. No major issue. Noted.
I
The effects of the proposed land division or subdivision on other public improvements within the jurisdiction of the Town Engineer:
a. No major issue at this time.
Noted.
J
The evaluation of the geotechnical report with respect to proposed building sites, roads, and storm drainage:
a. Canada Fault – Per state geo hazard map portion of the proposed lots along Canada Road, Lots 1 and 7 are within the Canada Fault Hazard area. b. City Geologist advised applicant that they need to do trenching instead of the bore and investigate the exact fault line and hazard area boundary. c. Applicant was advised to show the hazard zone boundary area on the tentative map.
Trenching was done and report submitted to the Town of Woodside from Murray Engineers on 11/21/2022.
K
This project is proposed to be served by water and sewer; therefore, the Town Engineer shall also report on these additional items:
a. No major flaws. All proposed services are along Canada Road frontage. b. Applicants need to provide will serve letter from sewer district. Project is within Redwood Creek Sewer Service District.
Noted. Sewer annexation to FOSMD has been completed on 11/09/2021.
III. Geology Comments:
Item A Page 124 Town Council Meeting November 28, 2023
A
Supplemental Subsurface Investigation ‐ The Project Geologist should design and implement a subsurface exploration program consistent with the guidance for investigating fault rupture hazards provided in California Geological Survey Special Publication 42 (SP 42). SP 42 notes that “Trenching is the most common type of subsurface fault investigation and offers several advantages over other methods including direct observation of subsurface geologic relationships”. We recommend that the Project Geologist contact the Town Geologist to discuss the proposed supplemental subsurface investigation program prior to performing the fieldwork. We also recommend that, if a trench is excavated as part of the supplemental investigation, the Town Geologist be afforded the opportunity to observe the trench after it has been sufficiently cleaned and logged by the Project Geologist.
The results of the supplemental subsurface investigation should be organized in a Fault Investigation Report or incorporated into the Geologic and Geotechnical Investigation Report and submitted to the Town with the Tentative Map Application for peer review by the Town Geologist.
Noted. Trenching was done and report submitted to the Town of Woodside from Murray Engineers on 11/21/2022.
A. THE FOLLOWING REQUIREMENTS MUST BE MET IN ORDER TO PASS FINAL FIRE INSPECTION:
1. 100' defensible space from any structure is required prior to start of construction and at Final Inspection.
2. Prior to construction 50' perimeter property line defensible space will be required per WFPD ordinance section 304.1.2.A
3. The turnaround cul de sac will be 96' width.
4. New roadway as proposed with 40' width meets WFPD standards for access.
5. GRADES: Driveways with less than 15% grade may be maintained all weather type and will support the weight of the heaviest fire apparatus during the wet season. Driveways greater than 15% grade need be rough grooved concrete or an alternate material approved by WFPD. NO grades shall exceed a 20%.
6. Water supply may need to be upgraded to meet 1000gpm from fire hydrants. Fire flow will need to be determined by Cal Water.
7. Two New Fire Hydrants will be required and must be installed prior to rough framing. The minimum fire flow shall be 1000 GPM. Locations to be determined at a later date with one hydrant near the middle of the cul de sac and one at the end of the cul de sac.
All fire conditions are noted.
IV. Fire District Comments:
Item A Page 125 Town Council Meeting November 28, 2023
1 September 26, 2023
Tony Chao
Lea & Braze Engineering Inc.
2495 Industrial Parkway West
Hayward, CA 94545
RE: SDIV2022-0001; GPAM2023-0001; GRAD2023-0001; CEQA2022-0001 – 1101 Cañada Road (APN 073-011-270) Tentative Map Review Comments Dear Mr. Chao:
The Subdivision Review Committee, which met on September 21, 2023, has completed their review of the Tentative Map for 1101 Cañada Road and provided comments, which are listed in the attached checklist. These comments should be addressed in an application for review of the Final Map.
The Planning Commission will review the Mitigated Negative Declaration pursuant to CEQA, the Committee/Board recommendations, and the proposed Subdivision, General Plan Amendment, and Grading Exception and will provide a recommendation to the Town Council, at their regular meeting of October 4, 2023, at 6:00 pm, located at 2955 Woodside Road (Independence Hall). You and/or a representative should attend the Planning Commission meeting to present the project and answer any questions.
We look forward to working with you to complete this process. Any referenced Municipal Code sections can be found by clicking the Municipal Code link on the Town’s website, (www.woodsidetown.org). If you have any questions, please call me at 650-530-3436, or e-mail me at [email protected].
Best Regards,
Sarah Filipe
Sarah Filipe
Associate Planner
Attachments:
Application Review Checklist
Town Committee Comments on the Concept Map
ATTACHMENT D
Item A Page 126 Town Council Meeting November 28, 2023
1 Address: 1101 Cañada Road (APN 073-011-270)
File No.: SDIV2022-0001; GPAM2023-0001; GRAD2023-0001; CEQA2022-0001 Review Date: September 26, 2023
Subdivision Review Committee Comments
I. Planning Comments:
Below are comments from Sage Schaan, the Planning Director. If you have any questions about the comments below, please contact the project planner, Sarah Filipe, at 650-530-3436 or [email protected].
A. The conformance of the proposed land division or subdivision with the General Plan and any relevant precise plan which has adopted by the Town; The subdivision contemplates residential within a residential zoning district. The subject site has an Institutional (IN) General Plan designation which was applied at a time that a Church occupied the property. The existing structure was converted from a Church to a single-family residence more than 15 years ago. The property owner has applied for a General Plan Designation change from IN to R (Residential) to be reviewed by the Planning Commission and Town Council.
There is no precise plan for plan for this property.
B. The environmental review documents;
A Mitigated Negative Declaration (MND) was prepared for the project pursuant to the California Environmental Quality Act (CEQA). The MND includes mitigation measures to minimize any potential significant adverse impacts to less than a significant level. Pursuant to CEQA, the public review period for the published MND ended on September 19, 2023, without any public comments received.
SUBDIVISION REVIEW COMMITTEE REPORT ON THE CONCEPT MAP
Item A Page 127 Town Council Meeting November 28, 2023
2 C. The conformance of the proposed land division or subdivision to the zoning regulations for the district in which the land division or subdivision is located; The property is located in the SR, Suburban Residential zone district (minimum 1 acre). The proposed parcels in the subdivision comply with all applicable zoning regulations; including, but not limited to, lot size and dimensions. D. The adequacy of the proposed building sites and driveways layout; The map includes conceptual main residence and ADU building envelopes and driveway locations. It is noted that the concept locations show the ability to develop each of the proposed lots. Any development proposed on each lot shall follow all requirements, such as ASRB review, at the time of the development application. E. The lot design, traffic circulation, and other features relative to the design standards of this chapter, adopted Town policies, and developments on properties in the general area of proposed land division or subdivision;
The lot design, and traffic circulation (also see Engineering Department and Fire District subdivision comments), meet the standards of the Town and Fire District. F. The numbering of the lots;
The seven lots are designated as: Parcels 1 through 7.
G. The land division or subdivision name and the road names proposed; The subdivision is named “Cañada Court Subdivision”. The road is named Cañada Court.
H. The adequacy of the proposed easements for hiking and equestrian trails and pedestrian and bicycle paths;
The subdivision includes a 40-foot-wide private ingress/egress easement, a 20-footwide paved private road and paved private cul-de-sac, and a 4-foot-wide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public trail easement nearthe subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road.
I. The adequacy of the proposed areas to be dedicated for public use, conservation, scenic, and open space easements;
Item A Page 128 Town Council Meeting November 28, 2023
3 No dedications are proposed. The subdivision includes a 40-foot-wide private ingress/egress easement, a 20-foot-wide paved private road and paved private culde-sac, and a 4-foot-wide private roadside decomposed granite walkway. The subdivision would have no detrimental effect on the existing public trail easement along the subject property’s northwestern boundary, and the proposed walkway would connect to the existing public trail on Cañada Road. J. The visual and/or aesthetic impacts;
The visual and/or aesthetic impacts of future residential development will be assessed when the future development is proposed.
K. The solar access; and
Solar access can be provided for each proposed lot and will be further assessed when future development is proposed.
L. The historical significance of buildings or sites.
A historic evaluation of the prior church (which was subsequently converted to a residence) was prepared by Bonnie Bamburg, Urban Programmers, dated January 20, 2022. The building was not found to be historically significant, nor was the site identified as historically significant.
The Grading Permit will include the standard conditions for observation, treatment and notification of any historic and prehistoric resources encountered during grading.
II. Engineering Comments:
Below are comments from Sindhi Mekala, the Deputy Town Engineer. If you have any questions about the comments below, please contact Sindhi Mekala, at 650-851-6796 or [email protected].
A. The adequacy of the right-of-way and pavement widths, type of pavement, and condition of existing roads affected by the land division or subdivision:
a. All are adequate.
b. The private driveway shall be built prior to Final Map. c. Private road maintenance agreements shall be submitted to Town per Municipal Code Section 152.107.
B. The adequacy of the proposed roads for motorized or non-motorized vehicles within the land division or subdivision:
Item A Page 129 Town Council Meeting November 28, 2023
4 The proposed 40 feet private Ingress/Egress easement with 20 feet of pavement and 80 feet cul-de-sac is adequate for vehicular and emergency vehicle. C. The adequacy of the existing and proposed trails and paths:
The proposed gravel path provides access to existing path along Canada Road. D. The adequacy of the easements proposed for public improvements, utilities, and drainage facilities:
No major issue. Proposed 40 feet private Ingress/Egress and utility easement, and the proposed private storm drain easement along northwesterly property line provide adequate easement for utilities.
E. The availability of the necessary utilities, including the method of connection:
a. All proposed services are along Canada Road.
b. Utilities provided will-serve letters
c. Any crossing overhead utilities to provide services to the adjacent properties need to be undergrounded or relocated outside of the project boundary.
d. All new services to be underground.
e. Existing OH wires and poles are along the southside of the Canada Road. No undergrounding is needed.
f. There are existing poles and overhung wires outside of the project boundary along easterly property lines on the adjacent properties F. The adequacy of the proposed methods for handling drainage and stormwater runoff and the effect on drainage in the general area:
a. The project is proposing 20-foot private storm drain easement along northwest property line to capture the flow from the existing 36” RCP shown on the plan and convey the flow to the drainage ditch system along Canada Road.
b. Project is proposing 20-foot bio retention area along Canada frontage to capture and treat the site flow.
c. Project to provide storm drainage study and calcs to support the proposed SD system.
G. The effect of the proposed grading and the adequacy of proposed erosion control measures during and after grading:
a. Applicant revised the conceptual design minimize the amount of grading.
The current plan utilized the existing road alignment.
Item A Page 130 Town Council Meeting November 28, 2023
5 b. No grading on the 35% slope or more is allowed. Areas of 35% slope and greater need to be shown on the plan. Submitted Conceptual Map shows 50% slope and more.
c. Project will be required to comply with the NPDES pre and regional board post conduction requirements.
d.
H. The evaluation of proposed driveways to individual lots:
No major issue.
I. The effects of the proposed land division or subdivision on other public improvements within the jurisdiction of the Town Engineer:
No major issue.
J. The evaluation of the geotechnical report with respect to proposed building sites, roads, and storm drainage:
Applicant shall take recommendations provided by Town’s Geologist during the project design.
K. This project is proposed to be served by water and sewer; therefore, the Town Engineer shall also report on these additional items:
a. No major flaws. All proposed services are along Canada Road frontage. b. Applicants provided will serve letter from sewer district. Project is within Redwood Creek Sewer Service District.
III. Geology Comments:
Attached are comments from the Town Geologist, in a Letter from Cotton, Shires and Associates, dated January 24, 2023. If you have any questions about the comments, please contact Andrew at 408-354-5542 or [email protected].
IV. Fire District Comments:
Below are comments from Tom Cuschieri, the Fire Chief. If you have any questions about the comments, please contact Fire Marshal, Marshall Hird at 650-851-1594 or [email protected].
A. THE FOLLOWING REQUIREMENTS MUST BE MET IN ORDER TO PASS FINAL FIRE INSPECTION:
1. 100' defensible space from any structure is required prior to start of construction and at Final Inspection.
2. Prior to construction 50' perimeter property line defensible space will be required per WFPD ordinance section 304.1.2.A
3. The turnaround cul de sac will be 96' width.
Item A Page 131 Town Council Meeting November 28, 2023
6 4. New roadway as proposed with 40' width meets WFPD standards for access.
5. GRADES: Driveways with less than 15% grade may be maintained all weather type and will support the weight of the heaviest fire apparatus during the wet season. Driveways greater than 15% grade need be rough grooved concrete or an alternate material approved by WFPD. NO grades shall exceed a 20%.
6. Water supply may need to be upgraded to meet 1000gpm from fire hydrants. Fire flow will need to be determined by Cal Water.
7. Two New Fire Hydrants will be required and must be installed prior to rough framing. The minimum fire flow shall be 1000 GPM. Locations to be determined at a later date with one hydrant near the middle of the cul de sac and one at the end of the cul de sac.
V. Town Committee Comments:
Please see attached for the Town Committee Comments (ASRB, Trails Committee, and the Environment and Open Space Committee) that the Subdivision Committee chose to transmit.
If you have any questions about the comments below, please contact the project planner, Sarah Filipe, at 650-530-3436 or [email protected].
Please note that additional comments may be generated by newly submitted information. If you have any questions about the required materials or comments above, please contact Associate Planner, Sarah Filipe at 650-530-3436 or [email protected].
Item A Page 132 Town Council Meeting November 28, 2023
January 24, 2023
W6152C
TO: Sarah Harper
Planning Technician
TOWN OF WOODSIDE
2955 Woodside Road
Woodside, California 94062
SUBJECT: Geologic Peer Review
RE: Putnam; Tentative Map
SDIV2022-0001
1101 Canada Road
At your request, we have completed a geologic peer review of the Tentative Map for the proposed subdivision:
• Supplemental Geologic Investigation (letter report) prepared by Murray Engineers, Inc., dated November 21, 2022;
• Geologic and Preliminary Geotechnical Investigation Subdivision Feasibility (report) prepared by Murray Engineers, Inc., dated March 28, 2021;
• Tentative Map (10 sheets) prepared by Lea and Braze Engineers, Inc., latest revision date January 4, 2023; and
• Topographic Survey (4 sheets) prepared by Lea and Braze Engineers, Inc., dated April 22, 2021.
In addition, we have reviewed pertinent technical documents from our office files, attended the Subdivision Review Committee Meeting held on July 14, 2022, and observed a fault trench with the Project Geologist on October 18, 2022.
DISCUSSION
The applicant proposes to subdivide the subject 7.79 acre property into seven parcels. The proposed division would yield lots ranging in size from 1.009-acre (Lot 3) to
1.025-acre (Lot 7). The provided conceptual design shows a 4,000 square-foot main Item A Page 133 Town Council Meeting November 28, 2023
residence and an 800 square-foot ADU on each lot. Lot 7 includes a 912 square-foot bioretention area at the east corner of the existing property and Lots 1 through 6 utilize a 3,850 square-foot bio-retention area that fronts Canada Road along the majority of the existing southwest property line. An additional, 574 square-foot, bio-retention area would be located along the southwest margin of the proposed new road. The proposed lots would be served by a new private road (Canada Court) that intersects with Canada Road at the south corner of the existing property. We understand that all seven proposed parcels are to be connected to the local sanitary sewer system. Grading estimates for the proposed subdivision provided on the Tentative Map include 830 cubic yards of cut and 830 cubic yards of fill.
SITE DESCRIPTION
The existing, approximately 7.79-acre lot is characterized by a gentle southwest facing slope. Existing improvements include a residence located in the central portion of the property and a riding arena located on the northeastern portion of the property. The relatively level riding arena appears to have been constructed by excavating the slope to the northeast and placing fill on the northwest and southeast sides of the arena. According to the Town Geologic Map the site is underlain by bedrock materials of the Franciscan Complex. A portion of the site is located in State earthquake fault hazard zone. It is our understanding that the proposed subdivision is a qualifying project as defined by the Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code, Division 2, Chapter 7.5) and is subject to the requirements of the Act.
GEOLOGIC AND GEOTECHNICAL EVALUATIONS
The project Geological and Geotechnical Consultant (Murray Engineers) has evaluated pertinent maps, performed engineering geologic reconnaissance, explored the subsurface condition by means of nine small-diameter exploratory borings and one exploratory fault trench, performed laboratory testing on selected samples of colluvium and bedrock, and prepared the referenced geologic and preliminary geotechnical investigation report, and the supplemental geologic investigation report. In their initial (March 28, 2022) report the Consultant identified colluvial soils underlain by Franciscan Complex greenstone bedrock in eight of the nine borings and colluvial soils underlain by Whiskey Hill Formation Siltstone bedrock in the ninth boring (B-9). Based on the results of their exploratory fault trench the Project Geologist concluded “…it is our opinion that the siltstone encountered in Boring B-9 was misinterpreted as Whiskey Hill Formation bedrock. Based on the exposures in the fault exploration trench, in our opinion, the siltstone is a subunit of the Franciscan Complex. Although the siltstone exhibited a faintly sheared fabric, the shearing does not extend up into the overlying greenstone and is not related to active or potentially active faulting. Based on our supplemental investigation, it is our opinion that the potential for primary surface ground rupture or ground deformation through the property is low.” Based on laboratory Item A Page 134 Town Council Meeting November 28, 2023
testing results the Consultant has concluded that the surface soils encountered in Boring B-9 have a very high potential for expansion and the siltstone bedrock encountered in Boring B-9 are significantly expansive. The Consultant indicates in their March 28, 2022 report that development of the proposed parcels is constrained by “…the potential for expansion and contraction of clayey colluvial soil blanketing the site, the potential for downhill creep of the colluvial soil blanketing the steeper portions of the site, the potential for expansion of the siltstone bedrock underlying portions of the site, the potential for shallow landsliding, and the potential for very strong ground shaking during a moderate to large earthquake on the San Andreas fault or one of the nearby active faults.” The Consultant concludes that the proposed subdivision is feasible from a geologic and geotechnical perspective.
CONCLUSIONS AND RECOMMENDED ACTION
The lots resulting from the proposed subdivision are primarily constrained by expansive earth materials (both soil and bedrock), potential differential settlement and creep of surficial soils (colluvium), and strong seismic ground shaking. The Project Geologist and Geotechnical Consultant has provided general recommendations for mitigation of the geologic and geotechnical constraints that are in conformance with the standard of practice within the Town. In our peer review of the Conceptual map (letter dated July 15, 2022) we recommended that the Project Geologist design and implement a subsurface exploration program consistent with the guidance for investigating fault rupture hazards provided in California Geological Survey Special Publication 42 (SP 42) and that the results of the supplemental subsurface investigation should be organized in a Fault Investigation Report or incorporated into the Geologic and Geotechnical Investigation Report and submitted to the Town with the Tentative Map Application for peer review by the Town Geologist. The supplemental geologic investigation has adequately addressed our previous concerns. Consequently, we recommend geologic approval of subject Tentative Map application.
Item A Page 135 Town Council Meeting November 28, 2023
LIMITATIONS
This engineering geologic peer review has been performed to provide technical advice to assist the Town with its discretionary permit decisions. Our services have been limited to review of the documents previously identified, and a visual review of the property. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties, either expressed or implied.
Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.
TOWN GEOTECHNICAL CONSULTANT
Andrew T. Mead
Principal Engineering Geologist
CEG 2560
David T. Schrier
Principal Geotechnical Engineer
GE 2334
AM:DTS
Item A Page 136 Town Council Meeting November 28, 2023
September 25, 2023
Jim Toby
Lea & Braze Engineering Inc.
2495 Industrial Parkway West
Hayward, CA 94545
Re: SDIV2022‐0001;GPAM2023‐0001;GRAD2023‐0001;CEQA2022‐0001 1101 Canada Road
Dear Mr. Toby,
The following summarizes the September 20, 2023, recommendations of the Architectural and Site Review Board (ASRB), and the required next steps for the project.
PROJECT DESCRIPTION
Review of a Tentative Map (SDIV2022‐0001); General Plan Amendment (GPAM2023‐0001); Grading Exception (GRAD2023‐0001); and Initial Study/Mitigated Negative Declaration (CEQA2022‐0001). The project proposes a seven‐lot residential subdivision on the 7.8‐acre site and involves the demolition and removal of existing site features, including the driveway, residential structure, accessory structures, and horse corral. Improvements proposed as part of the subdivision include establishing property lines for the seven one‐acre home sites, installation of a new private roadway, underground utilities stubbed to each home site, and installation of bio‐retention (stormwater treatment) features to serve the subdivision. The project site is zoned SR, Suburban Residential, permitting one‐acre residential lots. A General Plan Amendment is required to revise the site’s designation from Institutional to Residential.
This project is subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA an Initial Study and Mitigated Negative Declaration was prepared. This document can be located on the Town’s website at: CEQA Review‐1101 Cañada Road‐Cañada Court Subdivision | Town of Woodside California (woodsidetown.org).
ASRB COMMENTS AND RECOMMENDATION
The ASRB commended the applicant for:
1. Addressing the ASRB’s comments from the Concept Map review by redesigning the lot and street layout, which provided a significant decrease in the amount of grading necessary and tree removal for the proposed roadway construction.
The ASRB acknowledged various concerns expressed from members of the public, such as: the proposed number of lots; off site drainage runoff; vehicle, pedestrian, and equestrian circulation; long term construction, noise, compatibility with surrounding lot patterns, etc.
Item A Page 137 Town Council Meeting November 28, 2023
After reviewing the proposed Tentative Map and public comments; pursuant to Municipal Code Section 152.131(D), the ASRB did not have any comments on the proposed Tentative Map, while noting that the proposed development on each individual lot would require design review at the time of application.
NEXT STEPS
The proposed project will be reviewed by the Planning Commission meeting on October 4, 2023, at 6:00 pm, located at Independence Hall; 2955 Woodside Road, Woodside, CA.
If you have any questions related to this letter and/or the permitting process, please contact the Project Planner, Sarah Filipe at (650) 530‐3436, or e‐mail her at [email protected].
Kindest Regards,
Sage Schaan, AICP CEP
Planning Director
cc: Property owner, 3 California Drive, Burlingame, CA 94010 Property owner, 1032 Canada Road, Woodside, CA 94062
Property owner, 15 Mission Trail, Woodside, CA 94062
Property owner, 638 Woodside Way, Woodside, CA 94062
Property owner, 2 Eucalyptus Court, Woodside, CA 94062
Item A Page 138 Town Council Meeting November 28, 2023
TOWN OF WOODSIDE
2955 Woodside Road
Woodside, CA, 94062
Woodside Environment & Open Space Committee
Thursday, August 31st, 2023
5:30 pm
SPECIAL MEETING AGENDA
Call to Order
Attendees:
Committee members: Sue Sweeny, Casey Doughty, Franciose Decatrel, Liz Kerr, Donna Howe, Alana VanDervort, Moira Zbella
Woodside Town: Kevin Bryant, Sarah Felipe, Sage Schaan, Scott Harriman (regional and govt. services for Town of Woodside)
Community Guests: Lisa Putnam, Jim Toby (from engineering firm, Lea and Braze) Election of Chair and Vice Chair (For this meeting only) - Sue Sweeney
Public Communications:
- None for this meeting
New Business:
1) Subdivision review: Review of a Tentative Map (SDIV2022-0001) and Initial Study/Mitigated Negative Declaration (CEQA2022-0001) for a proposal to divide one 7.8 acre lot into 7-one-acre lots at 1101 Canada Road. - Based on feedback from this committee and others, a new development design has been put forward:
o Reduces grading to 1600 cubit yards
o Reduces removal of trees to ~40
- CEQA (California Environment and Quality Act) document is posted for review o Draft is available online
o Comments due by Sept 18th
- Easement at the North-West edge of the property – will join with neighboring easement. o Committee makes a formal recommendation to restrict installation of fencing on this NW border of subdivision and that this restriction be built into the easement description.
Item A Page 139 Town Council Meeting November 28, 2023
o The Committee’s reasoning is that this restriction would help the subdivision and adjacent properties retain and maintain an open wildlife corridor. - Committee recommends that new property/homeowners use open fencing to allow for the free passage of wildlife through the subdivision. Moreover, we encourage property/homeowners to consider if fencing is needed at all. - The Committee suggested that the subdivision use post and rail fencing along Canada Road. Per Scott Harriman, this is already part of the easement in the plan. There will be a mechanism for this fencing and hedge barriers to be maintained into perpetuity. The Committee is supportive of this element of the plan.
Adjournment
Next Meeting: Regularly Scheduled September 28th, 2023
Any writings or documents provided to a majority of the Environment & Open Space Committee regarding any item on this agenda will be made available for public inspection at the Administration Counter at Town Hall located at 2955 Woodside Road during normal business hours.
Item A Page 140 Town Council Meeting November 28, 2023
September 20, 2023
Sarah,
Regarding the Trails Committee review and discussion on September 14 of the proposed subdivision map for 1101 Canada Road, the following are highlights of the discussion and the Committee’s response to the Planning Department’s proposal:
Committee members had questions about equestrian trail access from the seven proposed new lots. The Committee agreed with the equestrian path along the private cul de sac with regard to dimensions, materials being used, and length and location of path.
There was additional discussion about connection of that internal equestrian path to the adjacent town trails. While disappointed to hear there is no direct connection to the town trails network from the subdivided properties, Committee members understood that additional trail construction would not be on the subject property and hence not in the scope of the discussion. The property owner present at the meeting was asked if they would consider granting an easement along the Canada Road border of the property, and the response was negative. Also not feasible is direct access to the easement that runs along the north boundary of the subject property and behind two Eucalyptus Court properties.
In summary, while there were ongoing concerns with not having direct connection from the new parcels to the Town of Woodside trails network, Committee members had no objections to the designs and proposals as presented by the Planning Department.
Sincerely,
Barry Kuhl
Chair, Woodside Trails Committee
Item A Page 141 Town Council Meeting November 28, 2023
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ARTICLE X. - REQUIRED IMPROVEMENTS AND STANDARDS OF DESIGN Sec. 152.111 - Compliance with requirements.
All lots and improvements created under this chapter shall meet the minimum requirements set forth in this subchapter. If the Planning Commission finds that a greater or lesser standard proposed by the owner or subdivider would be in the public interest, the Planning Commission may approve such modification to the design standards set forth in this subchapter. The burden of proof as to whether the public interest would be so served by the modification shall rest entirely with the owner or subdivider. Until such time as the Town adopts standard specifications and details, improvements shall conform to this chapter or the Department of Transportation, Standard Specifications (January, 1978 or a more recent edition). (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.112 - Lots.
All lots created in accordance with this chapter shall conform to the zoning regulations effective in the district in which the land division or subdivision is located, or such modifications of the lot area and dimensions as may have been approved as part of a variance pursuant to the Zoning Code.
Lot sizes.
The building limitations table set forth in the Zoning Code specifies the minimum net area of a lot, but lots larger than such minimum area may be required by the Planning Commission when necessary to accommodate topography, geologic hazards, stormwater drainage channels, physical obstructions, or other physical conditions. (See Zoning Code to determine the number of lots and amount of area to remain in a natural state for parcels or lots which exceed 15 percent average ground slope).
The net area of a lot shall not include lot area exclusions outlined in Municipal Code Section 153.205(B).
Lot design. All divisions of land shall result in the creation of lots which are capable of being developed or built upon with minimal changes in the natural physical configuration of the site. No lots shall be created which are impractical for improvements or use due to steepness of terrain, location of watercourses, size, shape, periodic flooding or earth movement, or other physical conditions.
Lot shape.
The average depth of any lot shall not exceed three times its average width, unless the average width is more than 200 feet. All lots created shall contain at a minimum an area of circular or rectangular shape within the required building setback lines equal to the
ATTACHMENT E
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building coverage area permitted in the zoning district. Lot lines shall be free of excessive jogs in alignment, except where existing physical conditions and established property lines preclude the establishment of straight property boundaries. Lot shapes shall not be designed for the sole purpose of achieving the minimum lot area.
Panhandle lots shall be permitted only when the Planning Commission determines that they would result in better design of the development. The owner shall demonstrate to the satisfaction of the Planning Commission that, because of unusual physical characteristics, such as topography, a land division or subdivision would be infeasible without the creation of one or more panhandle lots.
Lot lines. The lot lines shall be located to yield the best building sites and, where possible, the lot lines shall be at right angles or radial to the road right-of-way lines.
Solar access. Consideration of optimum solar orientation for energy conservation shall be given in lot location, design, placement of structures, vegetative removal, and landscaping.
Access.
All lots created shall have access to a public road or a private road meeting the minimum requirements of this chapter for pavement and right-of-way widths and improved in accordance with the standards for public improvements set forth in this chapter.
No lot shall be divided by a road, driveway, or access easement, except where located adjacent to a conservation easement or open space easement extending from the road, driveway, or access easement to the property line.
A maximum of two lots may be served by a common driveway when, in the opinion of the Planning Commission, the use of a common driveway will result in reduced adverse physical impacts.
Drainage. All lots shall have the necessary slope to drain water away from the building site at a grade of not less than two percent. Whenever the natural drainage is changed, the storm water shall be conveyed to the road, drain, or natural watercourses. Lots shall be designed so that the 100-year floodplain and the stream corridor protection standards contained in the Zoning Code do not interfere with the normal use of any lot.
Non-access dedications. All lots shall take access from one road only, and such road shall be the road carrying the least amount of traffic. In the case of corner lots or double frontage lots, one road frontage shall be dedicated to the Town to prevent access.
Remnant lots.
No parcel of land or lot which is substandard in size and shape shall be created by any land division or subdivision, unless such parcel is required strictly for public or private utilities, approved access purposes, or other approved public uses.
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No lot shall be split by a Town or County boundary.
Noise considerations. All land divisions and subdivisions incorporate into their design noise abatement improvements to render all lots in conformity with the noise element of the General Plan. Maximum ambient noise exposure at exterior use areas, such as patios, decks, and tennis courts, shall be no greater than 55 dBA/Ldn.
Building sites and related improvements on lots shall be located in areas identified by the Town as least environmentally sensitive as a result of the natural land features study under Section 152.024 of this chapter.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.113 - Road pattern.
The road pattern in the land division or subdivision shall be in conformity with the circulation element of the General Plan and shall be designed to take into consideration the potential development of adjoining areas.
The road pattern employed in the land division or subdivision shall conform to recognized traffic engineering practices while limiting the number and the expanse of roads to a minimum. Great care shall be exercised to create curvilinear roads which blend and harmonize with the natural surroundings. Aesthetics and safety shall be considered. (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.114 - Road design.
The following minimum criteria shall be followed in road design:
The alignment of roads shall be continuous with existing roads. At intersections, the centerlines of roads not in alignment shall be offset a minimum of 250 feet.
Private roads shall be permitted only when an agreement satisfactory to the Town Engineer and Town Attorney is filed guaranteeing perpetual maintenance and permitting the Town to compel maintenance adequate to ensure public safety.
Centerlines of roads shall intersect at right angles, except in cases of topographical difficulty, the last 300 feet of the road shall curve to the right angle location, and intersections of less than 75 degrees will not be allowed.
Roads shall be extended to the boundary of the land division or subdivision, in the case of dead-end roads, and improved to the standards of the future road. All dead-end roads shall have temporary turnarounds, designed and installed to the satisfaction of the Town Engineer.
At the request of the Planning Commission, a one-foot strip the width of the right-of-way inside the boundary of the land division or subdivision shall be dedicated to the Town.
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(D)
(E)
(F)
(G) (1)
(2)
(H)
(I)
(J)
(K)
Intersection corners shall be rounded at the property line by a minimum radius of 15 feet.
Horizontal curves shall be a minimum of 150 feet at the centerline on all roads for a minimum design speed of 22 miles per hour. Arterials and important collectors shall be designed for speeds ranging from 30 to 50 miles per hour as designated by the Town Engineer.
Grades of roads shall range from a minimum of one percent to a maximum of 15 percent.
The minimum vertical curve length in 100-foot stations shall be one-fourth the algebraic difference in grades. Vertical curves shall also supply the standard stopping sight distance for the design speed (22 to 50 miles per hour) and, in addition, be long enough to produce a pleasing appearance.
The maximum length of a cul-de-sac road shall be 1,200 feet, unless the Planning Commission determines that a longer cul-de-sac will result in a better design. Culs-de-sac shall terminate in a property line circle of 80 feet in diameter and a minimum pavement diameter of 60 feet, either concentric or offset. Backarounds, "hammerheads," or other devices to turn vehicles may be allowed in new roads or in existing roads if the Planning Commission finds that their use will result in reduced physical impacts and an improved land division or subdivision design.
Landscape islands will be allowed at the end of cul-de-sacs if the pavement width and curvature is adequate to turn a semitrailer truck in a 48-foot radius without running through the landscaping.
The road cross section slope shall be a minimum of three percent, and super elevations shall be employed on arterials and collectors in accordance with the design speed.
Berms shall be asphalt or alternate construction, and berms shall be employed sparingly to control drainage and to ensure traffic safety. Ramps for the handicapped shall be installed as appropriate.
Roads which are continuations of existing roads shall bear the names of such roads.
Proposed road names shall be reviewed with the Planning Director, Fire Chief, and Police Chief to avoid duplication and confusion. The owner shall propose road names and obtain comments from the Subdivision Review Committee prior to the approval of the tentative map by the Planning Commission.
Parking bays adjacent to public and private road rights-of-way may be permitted by the Planning Commission.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.115 - Road rights-of-way and pavement widths.
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(A)
(B)
(C)
(D)
(E)
All new roads shall meet the minimum requirements specified in Table A set forth in this section.
Pavement widths shall be the width of surface available to vehicular traffic. Such width shall not include shoulders, bike lanes, berms or paved drainage ditches.
Pavement, for the purposes of this section, shall mean a minimum of two-inch thick hot mix asphalt concrete over a minimum of six-inch thick base rock for public and private roads designed for the traffic index (TI) as indicated in said Table A.
In the case of land divisions or subdivisions abutting existing Town public roads, the Planning Commission may require reconstruction to Town Standards.
Road improvements, with the exception of connections, are not normally required on abutting freeways, expressways, or state highways. The details of a connection to a state highway will be specified by the state.
The following minimum standards shall be followed:
Table A
Road Type Number of Lots
Served
Right-of-Way
Width
(Feet)
Pavement Width
(Feet)
Traffic Index
(TI)
Arterial N/A 80 22(a)(c) 6-8
Collector N/A 60 20(a)(c) 5.5
Cul-de-sac and
minor rural
2-10
11 or more
(b)
(b)
16(c)(e)
18(c)
4.0 4.0
Common
driveway
— — (d) —
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(A)
(B)
(A)
(B)
(a) Bike lanes with a minimum pavement width of five feet on each side may be required. (b) Forty feet to 50 feet variable, dependent upon the physical characteristics of the terrain and the need to accommodate utilities, trails, or other improvements. (c) Public roads shall include three foot graded and rocked shoulders. Private roads shall include two foot graded and rocked shoulders.
(d) Sixteen feet of paving for that portion serving both lots, and 12 feet of paving for that portion serving one lot.
(e) Thirty-foot minimum pavement radius.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.116 - Drainage.
The design of drainage facilities shall conform to the Town's Storm Drainage Master Plan and the Town's drainage requirements contained in Sections 52 and 151 of the Woodside Municipal Code.
Areas draining into the development shall be considered as fully developed, and the area shall be outlined on a map submitted with the drainage calculations. The drainage design shall be for the 100-year storm or for the ten-year storm when the drainage area is 50 acres or less, and an alternate means of vehicular access to each lot in the land division or subdivision exists. All drainage structures shall terminate in an adequate outfall.
Easements shall be dedicated to cover all drainage structures built as a condition of development. The owner or subdivider shall place in conservation or open space easements dedicated to the Town all floodplains and stream corridors identified by the Planning Commission at the time of the consideration of the tentative map (see Zoning Code). (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.117 - Trails.
Trails for equestrian, pedestrian, and bicycle use shall be dedicated and improved by the owner or subdivider along roads and at other such locations within the land division or subdivision in order to provide a trail network in accordance with the circulation element of the General Plan.
Bicycle paths shall be constructed to state standards.
Equestrian and hiking trails may be surfaced with rock or native earth. The trail width shall not be narrower than four feet. The thickness and type of surfacing material, preparation of subbase, and drainage shall be to the satisfaction of the Town Engineer, based on recommendations by the Trails Committee.
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(C)
(A)
(B)
(1)
The clearance of overhead vegetation over equestrian or bicycle trails shall be a minimum of 12 feet in height. The minimum width of a trail easement outside a public road right-of-way shall be 15 feet. A greater easement width may be required where such easement cross slopes in excess of a 15 percent grade or where such physical factors, such as rock outcroppings, trees, and stream corridors, exist.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.118 - Public utilities and easements.
All public utilities shall be placed underground, together with all appurtenances. Utilities should normally be located in the public roads, but when other locations are necessary, the normal easement width shall be 20 feet, unless the utility companies request more or less width. Utilities shall be coordinated to permit the joint use of trenches and easements so as to reduce the disturbance of the natural surroundings. All utility services shall be supplied by the owner or subdivider to each lot. (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.119 - Conservation, open space, and scenic easements.
The Planning Commission may require the dedication of open space, conservation, or scenic easements within a proposed land division or subdivision for the express purpose of protecting the natural vegetation, terrain, watercourses, historic and cultural resources, scenic vistas, and wildlife and for the purpose of preventing or limiting drainage, erosion, and water quality problems and geologic hazards. If so required, the owner or subdivider shall dedicate the easements on the final map and shall execute a deed to the Town, in a form acceptable to the Town Attorney, which deed shall include such reasonable restrictions as the Planning Commission may impose to carry out the intent of this chapter, the General Plan, or any Specific/Area Plan of the Town.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.120 - Parks and recreational areas.
Pursuant to Government Code § 66477, and in conformity with the General Plan as adopted, and as may be amended, the Town Council may require as a condition precedent to the approval of a subdivision map the dedication of land for public park and recreational purposes, or the payment of fees in lieu, or a combination of both.
All land to be dedicated for park and recreational purposes shall be found by the Planning Commission to be suitable as to location, size, and topography for park and recreational purposes, which may include any of the following uses:
Neighborhood playgrounds;
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(2)
(3)
(4)
(C)
(A)
(B)
(1)
(2)
Community playfields;
Pedestrian paths, equestrian and hiking trails, and bicycle paths; and Areas of unusual natural beauty, such as creeks, canyons, hilltops, groves, and the like.
The requirements of this section, upon the approval of the Council, may be satisfied by the provision of areas of permanent open space provided and maintained for the benefit of the subdivision or the public.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.121 - Sewage disposal.
Each parcel, to be served by an individual on-site sewage disposal system, shall be of such size and characteristics that an effective, reliable disposal system can be installed and maintained. Where the rate of water percolation into the earth is satisfactory, septic tanks and drainfields will be permitted pursuant to the standards of the Town and the satisfaction of the Health Officer and Town Engineer. All drainfields shall be tested under wet-weather conditions and shall be capable of 100 percent expansion. Where sanitary sewer service is available within an existing or approved service area, and is authorized by the Town, connection to such system may be required as a condition of land division or subdivision approval. (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.122 - Water supply.
Domestic supply. Water supply for domestic uses shall meet the requirements of the Health and Safety Code of the state and the standards of the Health Officer. The water system shall have an operating permit from the local or State Health Department. Minimum pressure in any possible structure shall be maintained by a gravity system or pump pressure operated by the water system. An applicant shall submit maps, drawings, and other pertinent records to demonstrate the system's reliability and ability to adequately serve the land division or subdivision.
Fire protection supply.
The minimum acceptable fire flow and fire hydrant locations/type shall comply with all current Fire District standards required for fire protection.
The water supply system layout, design, and construction shall be approved by the Fire Chief and Town Engineer.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.123 - Geotechnical reports.
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(A)
(B)
(C)
A geotechnical report shall be prepared, submitted, and approved for every land division or subdivision.
The geotechnical report shall include data and recommendations on grading, slopes, trenching, erosion, stability, geologic hazards, drainfield stability, subsurface drainage, road pavement design, and other items necessary for a complete report as specified by the Town. The geotechnical report shall be submitted together with the tentative map and shall encompass all land within the proposed land division or subdivision and any adjacent or nearby land containing geologic characteristics which may affect the proposed land division or subdivision.
An outline of the geotechnical report shall be filed with the concept map and a final report with the tentative map for referencing on the title page of the final map. The final report shall contain a comprehensive geologic and seismic evaluation in addition to the items set forth in this section. Corrective action shall be specified and the conditions for the construction of roads, utilities, and residences specified. The owner or subdivider shall consult with the Town Geologist prior to the preparation of the outline or report in order to obtain the required specific scope.
The soils report portion of the geotechnical report shall include the results of at least one soil boring or excavation at each proposed building site. If the soils report indicates the presence of critically expansive soils, historical landslides, or other soil problems, a more detailed investigation shall be made to recommend corrective action by the owner, subdivider, or developer at the time a structure is built. The specifications for the corrective action shall be included in the report, and a statement noting the preparation of a soils report, together with the date of the report and the name of the engineer making the report, shall appear on the final map.
The requirements of this section are enacted pursuant to the requirements of the Statutes of 1965, Sections 66490 and 66491 of the Subdivision Map Act. All geotechnical reports shall be approved by the Town Geologist and Town Engineer, and all corrective action shall be completed prior to the issuance of a building permit or shall be included in the building plans as required construction.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.124 - Grading.
All grading work shall be designed based on a geotechnical report with the concurrence of the person preparing the geotechnical report. All cuts shall be two to one or flatter, and all fills shall be two to one or flatter. The slopes shall be contoured in accordance with good landscape practices to provide a natural pleasing appearance, and where a landscape architect or architect is employed, such architect shall specify the shaping. The grading of entire lots shall be prohibited, and only that amount of grading necessary to ensure an adequate residential and accessory use and vehicular access, provide for adequate drainage, or Item A Page 150 Town Council Meeting November 28, 2023
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(A)
(B)
(1)
(a)
correct geological hazards will be permitted. All cut and fill slopes shall be planted to reduce the potential of soil erosion to the satisfaction of the Planning Director and Architectural and Site Review Board. Grading shall be a balanced cut and fill, and all grading operations shall occur only between April 15 and October 15.
All graded areas shall be winterized with planting, netting, and/or erosion control structures by November 1 to the satisfaction of the Town Engineer and Planning Director. An exception to the balance cut and fill requirement may be granted by the Town Engineer and Planning Director upon their reaching a finding that the granting of such exception is consistent with the objectives and other standards of this chapter. The Town Engineer may also grant an exception to the grading period upon reaching similar findings. (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.125 - Landscaping and erosion control.
For all land divisions and subdivisions involving grading, erosion control planting shall be included as a minimum. Tree planting may be required by the Planning Commission. The extent of the work shall be specified prior to the approval of the tentative map. All land division or subdivision projects shall have planting plans providing for the stabilization and replanting of all cut and fill slopes, landscaping, and erosion control. Any planting shall require plans and specifications prepared by a landscape architect or other qualified person. The plans shall be reviewed and approved by the Planning Director, based on recommendations from the Architectural and Site Review Board and the Planning Commission prior to the approval of the road construction plans. The planting concept shall blend and harmonize with the native planting. All planting shall be maintained for a period of two years by the owner or subdivider. The Town shall require a maintenance bond pursuant to Section 152.126 of this chapter. (Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Sec. 152.126 - Improvements.
The owner or subdivider shall improve, or agree in writing to improve, all public and private roads, pathways, trails, and easements and to install other improvements required by this chapter as are necessary for the benefit of the lot owners in the land division or subdivision and the surrounding community.
Improvement work, including grading, shall not be commenced until improvement plans and specifications have been approved by the Town Engineer. Improvements shall be installed in accordance with the approved plans and specifications to permanent lines and grades to the satisfaction of the Town Engineer. All work shall be completed under his/her supervision and shall be subject to such inspections as he/she deems necessary to protect the interests of the Town. The costs of the inspections shall be borne by the owner or subdivider.
Improvement plans.
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(b)
(2)
(3)
(4)
(5)
The owner or subdivider shall submit to the Town Engineer a complete set of plans and profiles on suitable material, pencil or ink, size 24 inches by 36 inches, to a scale of one-inch equals 40 feet to one inch equals ten feet, with all necessary details and specifications. Improvement plans shall be prepared by a registered civil engineer who shall sign and seal each sheet of the plans. After the approval and signature of the plans by the Town Engineer, three sets of prints and one set of duplicate tracings shall be delivered to the Town Engineer for his/her use.
The owner or subdivider may install such improvements before the final map is recorded.
If the work is completed in the absence of an improvement agreement, the owner or subdivider shall use a licensed contractor, supply evidence of Workers' Compensation Insurance, and supply evidence of public liability and property damage insurance, naming the Town as an additional insured to the limits normally required in an improvement agreement. The insurance certificates shall be approved by the Town Attorney prior to the commencement of the work.
Completion. A complete "as built" improvement plan shall be filed as a permanent record of the Town upon the completion of the required improvements. Upon the acceptance of the "as built" plans, the Town Engineer shall recommend formal acceptance by the Council when he/she is satisfied that the improvements have been installed in conformance with the standards of this chapter. After formal acceptance by the Council, a notice of completion will be recorded by the Town Engineer.
Guarantees. The owner or subdivider shall guarantee the completed work and the improvements and shall make or agree to make the necessary repairs or modifications for damages resulting from storms, erosion, or landslides and to correct errors in the design or construction for a minimum of one year after the date of completion, except as otherwise provided in this chapter. The owner or subdivider shall also guarantee the maintenance of all private roads within the land division or subdivision until a majority of the lots have been sold.
Building permits. No building permit shall be issued for any lot until all required improvements have been completed.
Improvement security. The owner or subdivider shall file with the Town Clerk a faithful performance bond, cash deposit, or other improvement security in the amount deemed sufficient by the Town Engineer to cover all costs of the improvements, engineering, inspection fees, inflation, and incidental expenses. The owner or subdivider shall also cover by bond or other improvement security laborers and materialmen in the amount of 100 percent of the amount of the estimated costs of the improvements. Such security shall be one of the following at the option of the owner or subdivider and subject to the approval of the Town.
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(a)
(b)
(c)
(6)
(7)
(8)
(9)
(a)
A bond or bonds by one or more duly authorized corporate sureties; A cash deposit, either with the Town or a responsible escrow agent or trust company; or An instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
Forfeiture of surety. In the event the owner or subdivider shall fail to complete all improvement work, and the Town shall have to complete such work, or if the owner or subdivider shall fail to reimburse the Town for the costs of inspection, engineering fees, and incidental expenses, the Town shall call on the surety for reimbursement or shall appropriate funds for reimbursement from any cash deposit or improvement security. In any event, if the amount of the bond, cash deposit, or improvement security exceeds all the costs and expenses incurred by the Town, the remainder shall be released to the owner or subdivider, and if the amount of the bond or other improvement security is less than the costs and expenses incurred by the Town, the owner or subdivider shall be liable to the Town for the difference.
Release of surety. No extension of time, progress payment from a cash deposit, or release of a surety bond, cash deposit, or improvement security shall be made, except upon certification by the Town Engineer that the work covered by the security has been satisfactorily completed and upon the approval of the Council.
Improvement agreements. In the event the improvements required have not been made at the time the final map is filed with the Council, the owner or subdivider shall execute and file with the Town Clerk an agreement between himself and the Town specifying the period within which he/she shall complete all improvements and work. The agreement shall be in a form prescribed by the Town Attorney and shall be based on improvement plans signed by the Town Engineer. The agreement shall also prescribe that the owner or subdivider shall repair any damage to a public road or any other public or private property or improvement which results from or is incidental to the construction of improvements in the land division or subdivision or that, in lieu of making such repairs, the owner or subdivider shall pay to the affected property owner or to the Town the full cost thereof. The owner or subdivider shall also file with the Town Clerk at the same time a faithful performance bond and labor and materialmen bond or other improvement security as set forth in subsection (5) of this division.
Improvement agreements: extensions of time.
If an owner or subdivider requests an extension of time in which to comply with the requirements of an improvement agreement, the amount of the improvement agreement security will be adjusted to reflect current inflation upon the recommendation of the Item A Page 153 Town Council Meeting November 28, 2023
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(b)
Town Engineer.
If an owner or subdivider begins grading or any other construction on the property on which improvements are to be constructed as required by an improvement agreement, and is thereafter unable to complete such construction within the time set out therein, and requests an extension of time in which to complete such improvements, the Town will suffer damages, the actual amount of which would be extremely difficult or impractical to ascertain. Therefore, each owner or subdivider entering into a subdivision improvement agreement with the Town shall deposit with the Town cash in an amount to be recommended by the Town Engineer, such amount being a reasonable estimate of the Town's damages, and, upon the granting of an extension of time in which to complete the improvements required by an improvement agreement after the owner or subdivider has begun grading on the property for the required improvements, the Town, at its election, may retain such deposit as its sole right to damages.
(Ord. 2021-617 , § 3(Exh. A), effective 3-11-21)
Secs. 152.127—152.129 - Reserved.
Item A Page 154 Town Council Meeting November 28, 2023
Date: Response Time:
(Days)
Applicant Submitted application 9/30/2022
Town Sent out plan check comments
- Engineering, Fire, Geology, County, and Planning
10/28/2022 28
Applicant Resubmitted revised plans and requested
documents
1/10/2023 74
Town Sent out plan check comments
- Engineering, Planning
2/9/2023 30
Applicant Resubmitted requested documents 3/9/2023 28
Town Application Deemed Complete & CEQA Review
Initiated
4/5/2023 27
Env & OS
Committee
Environment and Open Space Committee Hearing 8/31/2023 148 Trails
Committee
Trails Committee Hearing 9/14/2023 14
ASRB ASRB Hearing 9/20/2023 6
SRC Meeting Subdivision Review Committee Meeting 9/21/2023 1 Town Sent out SRC meeting report 9/26/2023 5
PC Planning Commission Hearing 10/4/2023 8
Total 361
Description of Action Taken:
Project Chronology: 1101 Canada Road, SDIV2022-0001; GPAM2023-0001; GRAD2023-0001
ATTACHMENT F
Item A Page 155 Town Council Meeting November 28, 2023
Final Mitigated Negative Declaration (See link: https://www.woodsidetown.org/planning/ceqareview-1101-ca%C3%B1ada-road-ca%C3%B1ada-court-subdivision.) Hard copies of the MND are available upon request from Town staff.)
1. Draft Mitigation Monitoring and Reporting Program (MMRP)
2. California Historical Resources Information System (CHRIS), letter of May 9, 2023
3. Native American Heritage Consultation List, dated December 1, 2022
4. Letters sent to Culturally Affiliated Native American Contacts recommended by the California Native American Heritage Commission, dated March 3, 2023
5. Tribal Response Letter received from Amah Mutsun Tribal Band of San Juan Bautista representative, Irenne Zwierlwin
6. Primary Record, prepared by Urban Programmers, January 20, 2022
7. Geotechnical Investigation, Murray Engineers, Inc., dated March 2022
8. Supplemental Geologic Report, prepared by Murray Engineers, Inc., dated November 21, 2022
9. Transportation Study, prepared by Hexagon Transportation Consultants, Inc., dated February 14, 2023
10. Biological Resources Assessment, prepared by Sunset Ecological Solutions, dated November 18, 2021
11. Rare Plant Survey Results, prepared by Sunset Ecological Solutions, dated March 15, 2022
12. Air Quality Report, prepared by Illingworth & Rodkin, Inc., dated July 18, 2023
13. Noise Study, prepared by Salter, Inc., dated February 11, 2022
ATTACHMENT G
Item A Page 156 Town Council Meeting November 28, 2023
ATTACHMENT 7
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Item A Page 158 Town Council Meeting November 28, 2023
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ATTACHMENT 8
Item A Page 160
Town Council Meeting November 28, 2023
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ATTACHMENT 9
Item A Page 162
Town Council Meeting November 28, 2023
Item A Page 163
Town Council Meeting November 28, 2023
From: Kevin Johnson
To: Council Members; Town Attorney; Jennifer Li
Cc: Sara Pollock; Mickey McCauley; "Melinda Johnson"
Subject: Objection to 1101 Canada Road
Date: Wednesday, November 15, 2023 12:16:27 PM
Attachments: Woodside Town Council Objection Letter.pdf [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council Members,
Please see the attached letter regarding the proposal for 1101 Canada which will be considered at the November 28th meeting. Please let me know if I can answer any questions.
Best regards,
Kevin
ATTACHMENT 11
Item A Page 164 Town Council Meeting November 28, 2023
quinn emanuel trial lawyers | silicon valley
WRITER'S DIRECT DIAL NO.
WRITER'S EMAIL ADDRESS
quinn emanuel urquhart & sullivan, llp
ABU DHABI | ATLANTA | AUSTIN | BEIJING | BERLIN | BOSTON | BRUSSELS | CHICAGO | DALLAS | DOHA | HAMBURG | HONG KONG | HOUSTON | LONDON | LOS ANGELES | MANNHEIM | MIAMI | MUNICH | NEUILLY-LA DEFENSE | NEW YORK | PARIS | PERTH | RIYADH | SALT LAKE CITY | SAN FRANCISCO | SEATTLE | SHANGHAI | SILICON VALLEY | STUTTGART | SYDNEY | TOKYO | WASHINGTON, DC | ZURICH November 14, 2023
VIA ELECTRONIC MAIL ([email protected])
To: The Woodside Town Council, consisting of:
Mr. Chris Shaw, Mayor
Ms. Jenn Wall, Mayor Pro Tempore
Mr. Brian Dombkowski
Mr. Dick Brown
Mr. Paul Goeld
Mr. Ned Fluet
Re: The Proposed Subdivision, General Plan Amendment, Grading Exception, and Mitigated Negative Declaration For 1101 Cañada Road
Dear Town Councilmembers:
I write as a community member and affected stakeholder to formally voice my objections to the proposed project at 1101 Cañada Road (“Proposal”). The Proposal consists of a subdivision (SDIV2022-0001), grading exception (GRAD2023-0001), initial study/Mitigated Negative Declaration (CEQA2022-0001), and General Plan amendment (GPAM2023-0001). The Town Council will conduct a final vote on the Proposal at its upcoming November 28, 2023 council meeting. I urge the council to reject the Proposal. Both the project and the process present serious issues of municipal, environmental, and procedural law. I, along with other concerned Woodside residents, raised many of these issues to the Woodside Planning Commission at its public hearing on the Proposal: its decision to recommend approval did not adequately address the community’s concerns, and, indeed, created additional problems. Approval of the Proposal in its current form would warrant injunctive relief. I am prepared to proceed with appropriate litigation if circumstances require it. Please find the specific objections to the Proposal below. These represent an illustrative list of community concerns, not an exhaustive one.
The Recommended Mitigated Negative Declaration is Insufficient to Address the Proposal’s Environmental Impact
The California Environmental Quality Act (CEQA) requires that, with limited exceptions, every project that may have a significant effect on the local environment include an Environmental Impact Report. These reports, called the “heart” of CEQA, serve to inform both elected officials Item A Page 165 Town Council Meeting November 28, 2023
2 and their constituents of the potential consequences of disrupting existing ecosystems and communities before such disruptions are permitted. Such a report would represent a thorough and holistic appraisal of the Proposal’s impact on the Woodside community. It would also provide vital clarity to Woodside residents about how this project would alter their environment.
The Planning Commission did not conduct an Environmental Impact Report for this Proposal. On its own assessment, the Commission instead approved a “mitigated negative declaration” (MND).
An MND asserts that a proposed project will not have a significant effect on the environment if certain conditions are met. To avoid preparing an Environmental Impact Report, the Planning Commission relies on a laundry list of mitigation initiatives with which the Proposal applicant is meant to comply, and with little possibility of effective enforcement. The sounder course of action – indeed, the statutorily required course of action – is the preparation of an Environmental Impact Report. Below follow numerous factors which, independently and jointly create a significant impact on the Woodside Environment. The Planning Commission gave these factors insufficient consideration. I hope the Council will be more attentive and insist on the proper environmental review before voting on this Proposal.
Housing Construction Impacts
The Proposal seeks to redesignate the applicant’s lot from Institutional to Suburban-Residential to permit the subdivision and, in the draft resolution’s language, to therefore “increase the overall development potential by allowing seven additional residences, and potentially fourteen Accessory Dwelling Units” to be constructed on the land. The Proposal calls for “underground utilities stubbed to each home site.” Separately, the Town’s draft Housing Element submitted to the California Department of Housing and Community Development includes the Proposal’s subdivision as part of its attempt to meet the town’s Regional Housing Needs Allocation. Every municipal authority clearly contemplates the Proposal site’s use for housing construction.
However, the mitigated negative development repeatedly defers analysis of key environmental factors because the Proposal does not provide specific details about the eventual houses and accessory dwelling units (ADUs) that will be built on the site. The MND elides the construction impact in its geologic analysis (“The project does not propose construction of any residences within the subdivision, therefore timing of the disposition of individual lots and construction of homesites is unknown”), its discussion of utilities and service systems (finding less than significant impact where the new homesites “would be developed individually under separate review”), and generally remains vague as to whether any analysis accounts for the future development or only the modifications necessary to ready the site for future construction (the traffic analysis contemplates future home construction; the aesthetics analysis appears to defer consideration of future residential construction).
The imprecision and confusion of this approach – seeking approval for a project because of its potential for housing development without providing plans or specific analysis for the development itself - underscores the need for a broader, more comprehensive review. Segmenting this development into individual approval processes risks missing the forest for the trees, allowing each individual sub-project to escape serious environmental scrutiny where the project as a whole would demand it.
Item A Page 166 Town Council Meeting November 28, 2023
3 Traffic
The MND’s findings on traffic pollution represent the most glaring omission in this expedited review process. The MND provides no Level of Service analysis, which is required for all project approvals in San Mateo County (Traffic Impact Analysis Requirements | County of San Mateo, CA (smcgov.org)). The MND provides analysis under the new “Vehicle Miles Traveled” guidelines, but San Mateo County clearly mandates that both analyses be conducted prior to any project approval.
Nor is the insufficient analysis included the MND correct. The MND declares that “the project is expected to generate 100 net new daily trips” and thus requires no mitigation. But the calculations used to arrive at this conclusion are flawed, significantly underestimating the traffic impact of the Proposal.
San Mateo County requires mitigation measures to be taken when a project is expected to generate 110 new daily vehicle trips. To estimate how many new daily vehicle trips a project will generate, governmental authorities tend to rely on the rates provided by the Institute of Technical Engineers Trip Generation manual, which provides rates based on the type of structure to be built. For example, the current structure on the Proposal property is classified as “single-family detached housing,” expected to generate 9.43 daily vehicle trips.
The MND anticipates seven new single-family dwellings, seven accessory dwelling units (ADUs), and seven junior accessory dwelling units (JADUs) will be constructed on the Proposal site. The MND estimates 66 new daily vehicle trips to arise from the seven single-family dwellings (7*9.43), 32 from the seven ADUs (7*4.54), and 11 from the seven JADUs (3*3.57).1 With a total of 109 trips generated, and crediting the 9 trips already estimated by the existing structure, the MND concludes that the Proposal’s net 100 daily vehicle trips falls below the VMT threshold of 110 generated trips that would require mitigation efforts. As explained below, this conclusion is incorrect.
Because the Trip Generation manual does not include separate classifications for ADUs or JADUs, the MND purports to use “comparable categories” for each. For ADUs, The MND uses the estimated rate for “Multifamily Housing (Mid-Rise), not Close to Rail Transit, located in a General Urban/Suburban setting.” This rate is not comparable for three reasons.
First, for accessory dwelling units to be categorized as “multifamily housing,” they must be physically attached to the main structure. But in both the Proposal and the MND, tentative maps show the accessory dwelling units as separate structures. Nor is the Proposal site zoned for multifamily residential development, per Woodside zoning maps.
Second, the “Mid-Rise” categorization is inappropriate. Even assuming the ADUs would be attached to the main structures, “Mid-Rise” properties are defined as those containing 3-10 stories.
1 The MND assumes, without explanation, that “approximately half of the JADUs would be used by an au pair or other live-in person” and that such a resident would generate zero daily vehicle trips. This unsupported assumption and calculation is itself problematic.
Item A Page 167 Town Council Meeting November 28, 2023
4 Three-story buildings would be unworkable given the 30-foot height maximum imposed on all suburban-residential buildings in the Woodside Municipal Code. And Low-Rise properties have a higher estimated daily vehicle trip rate than Mid-Rise properties.
Third, the “General Urban/Suburban setting” is incorrect. While the Proposal property is technically zoned “Suburban Residential,” the Proposal repeatedly emphasizes Woodside’s “rural character,” and the site is adjacent to parcels zoned as “Rural-Residential.” A more realistic (and still conservative) estimate rate would be halfway between the single-family detached housing rate of 9.43 and the inappropriate multifamily housing rate of 4.54 for 6.985.
This would result in the ADUs generating an estimated 49 daily vehicle trips.
For JADUs, the MND uses the estimated rate for “Off-Campus Student Apartment (Low-Rise), Adjacent to Campus.” This, too, is an inapposite comparison. The estimated rate clearly contemplates a resident with almost no need for vehicle transportation, as they live adjacent to their primary destination. The Proposal property is not adjacent to any campus – the closest one is separated by a major highway. And given that both the MND and separate Draft Housing Element tout this Proposal as a means of alleviating California’s housing shortage, it would be far more appropriate to assume these will be occupied by unrelated community members.
A more realistic (and still conservative) estimate would be to use the multi-family rate the MND uses for ADUs above – 4.54. Even accepting the MND’s unsupported conclusion that four of these units will generate zero daily vehicle trips, this results in the JADUs producing an estimated 14 daily vehicle trips.
Finally, this analysis does not indicate whether it accounts for the number of delivery vehicle trips induced by the Proposal. The increasing dominance of online retail and dine-in apps suggests that measuring daily trips purely based on the travel habits of a residence’s occupants may be a severe underestimate.
Under this more reasonable estimation, the Proposal will generate 129 daily vehicle trips (or 120 new trips, if one “credits” the 9 existing daily vehicle trips against the total – another unsupported decision in the MND). This is comfortably above the VMT threshold requiring mitigation measures and analysis. And, with no Level of Service analysis included, it is impossible to tell what additional measures or reporting is missing.
Fire Risk
While the MND adverts to the concerns about wildfires, it ignores that the environmental factor requires assessment if a project is located “near…lands classified as very high fire hazard severity zones.” The MND simply notes that “the project site is in a Non-Very High Fire Hazard Zone,” ignoring its proximity to Very High Fire Hazard Zones on both the north and south sides of the property. The Proposal also ignores that insurance companies now consider Woodside to be a high fire risk area – and indeed, refuse to provide new policies to the town. The MND also does not adequately address the Proposal’s effect on emergency vehicle access/egress to the adjacent lots on Mission Trail Drive. The applicant owns several lots adjacent and abutting the Proposal site, but the Proposal does not adequately address emergency access to these locations. Given the Item A Page 168 Town Council Meeting November 28, 2023
5 recent evidence that even a small fire can tie up traffic in this area and leave community members stranded for hours, more consideration should have been given to this factor.
Grading
The Proposal calls for a grading exception, allowing the applicants to cut and fill 830 cubic yards of fill for the construction of a new private road. A project of similar scope was attempted on the property previously. It resulted in significant soil erosion, invading neighboring property and damaging a pedestrian path. This previous project also caused drainage issues; rainwater frequently flooded a neighbor’s garage. The MND offers one mitigation to combat this phenomenon, but other mitigation measures (including the twice-daily watering of exposed surfaces) serve to increase the risk of erosion and runoff. Significantly, the Proposal’s applicants were twice found to have engaged in unauthorized grading projects, a consideration seen nowhere in the MND estimation of impact.
The Proposal also does not account for inevitable future grading in its assessment (i.e., in the construction of individual homes and ADUs), though it concedes that such grading will take place.
The cumulative effect of this grading merits further analysis and review as to its potential for spillage and flooding.
Drainage
The MND determines that no significant impact to the drainage, erosion risk, or siltation risk will result from the proposed subdevelopment. This analysis rests on the fact that the “western half of the site would remain open and pervious.” However, the report fails to consider the significant tree removal, expansion of the driveway, installation of hardscape extensions from the cul-de-sac to each subdevelopment unit, and the impervious houses and ADUs themselves. The proposed housing in the tentative map alone (seven 4,000 square foot houses and seven 800 square foot ADUs) comprises over three quarters of an acre, or nearly 10% of the entire acreage of the lot.
This site was already prone to flooding from much smaller projects, as when the applicants began construction on their horse corral.
Troublingly, page 22 of the MND suggests that, per the Arborist Report, only 21 trees will need to be removed. However, the tentative map prepared for the Proposal (page 7 of the MND) requires almost double that number of removals (at least 38 indices on the map for tree removal).
The MND appears to conflate the number of trees removed “due to common improvements” with the total number of trees that will be removed to accommodate the eventual subdevelopment. No indication is given as to whether any of these additional removals qualify as “significant trees” under the Woodside Municipal Code.
The Proposal also makes scant mention of how it will maintain the provision of phone and electrical access for neighboring residences on Mission Trail. The residences on Mission Trail are serviced by a PG&E easement. The Proposal does not seem to acknowledge the easement’s existence, though the tentative map proposes a 10 foot easement running along the property edge with the Mission Trail properties. If this easement is in fact the same as the existing one, the potential impact on it should have been addressed in the Proposal. If it is a new easement, then Item A Page 169 Town Council Meeting November 28, 2023
6 the Proposal should analyze whether it will necessitate further tree removal (the proposed location runs directly over numerous trees on the property’s edge).
Noise
The MND acknowledges that the Proposal “would result in a temporary increase in ambient noise levels,” but assumes that its list of restrictions on noise will serve to reduce the impact to less than significant. However, both these and other mitigations simultaneously serve to exacerbate the duration of this increase. By restricting construction times in Mitigation Measure NOISE_1 and lengthening construction phases for air quality purposes in Mitigation Measure AIR_2, the MND extends the period of increased ambient noise to an intolerable degree.
Equestrian Culture
The MND assumes no impact on the “existing visual character or quality of public views of the site and its surroundings.” The Proposal calls for the removal of the existing horse corral on the property, publicly visible from Mission Trail Road. The equestrian culture of Woodside permeates even the Town Council Website, where multiple councilmembers feature pictures of themselves on or near horses (the site’s header image similarly displays a child on horseback). Removing a fixture emblematic of the Town’s culture merits more careful consideration than the blanket denial in the MND.
Cumulative Effects
The MND offers a cursory dismissal of the possibility of “cumulatively considerable” impacts – that is, projects whose incremental effects are considerable “when viewed in connection with…the effects of probable future projects.” This Proposal represents an ominous first domino in terms of its effect on density and the degradation of the natural splendor of Woodside. The proposal attempts to maximize the number of lots permissible under Woodside regulations. It requires the removal of nearly a dozen trees deemed significant in the Woodside Municipal Code (and likely more). Should this plan be approved, the temptation on other parcel holders to pull up stakes and subdivide their land in a similar manner will increase – especially given the adverse effects this Proposal will have on nearby community members listed above. The Proposal is likely to engender cumulative effects detrimental to the environment and aesthetic of Woodside.
The Town’s Housing Element Procedure Suggests Community Members Are Not Getting a Fair Hearing.
While this council plans to vote on the Proposal, its separate efforts to meet state housing needs raise concerns that the public hearing may be merely a pro forma exercise for a foregone conclusion. Both the Planning Commission’s original draft Housing Element and the Town Council’s submitted Housing Element drafted by Councilmembers Shaw and Dombkowski highlight the potential housing from this Proposal as a significant part of the Town’s plans to create sufficient new housing units. The Town’s proposed Housing Element, touting at least ten new units expected from subdividing and redeveloping the Proposal site, was submitted more than a year before the Proposal vote is scheduled to take place. If the Town Council’s mind is made up on approving this project before the public comment period has closed (or, indeed, opened), it Item A Page 170 Town Council Meeting November 28, 2023
7 creates serious doubt that community members are being afforded a fair and impartial hearing on the issues. Councilmembers who are prejudiced toward a particular outcome on an adjudicatory matter like this are obliged to recuse from voting on it.
The Planning Commission failed to follow procedure on the Grading Exception.
In voting to recommend the Proposal for Town Council approval, the Planning Commission asserted that their disposition of all four elements of the proposal – the general plan amendment, the tentative map, the MND, and the grading exception – was merely a recommendation and thus not eligible for appeal. While their assessment of the general plan amendment procedure was correct, they appear to have overlooked their powers and duties with regard to grading exceptions.
The Woodside Municipal Code gives the Planning Commission, and only the Planning Commission, the ability to approve or deny a grading exception. By doing so, they effectuate a final decision that an affected community member may appeal.
The Planning Commission’s route here, a non-binding recommendation, thus denied interested Woodside residents the opportunity to formally appeal the approved grading exception. Instead, the Planning Commission left this decision to the Town Council, which does not appear to enjoy this power under the Woodside Municipal Code. While it is true that the Council would be the body to hear an appeal, the distinction between hearing an appeal and deciding in the first instance is meaningful. An appeal requires a de novo review of the issue, and affords the appellant the right to present new evidence at a hearing. The Planning Commission should have adjudicated this matter instead of passing it off with a procedurally improper recommendation.
Further, the Planning Commission’s recommendation did not correctly assess the Proposal site’s suitability “for the proposed density of development,” as it must per Woodside Municipal Code Sec. 152.078(D). Though the Planning Commission found the Proposal met the minimum lot size for each lot, it declined to analyze the Proposal in context with the surrounding lots, each of which is substantially larger than one acre. The density is thus not in conformity with the surrounding developments. The Planning Commission’s inadequate analysis on this finding independently renders its decision deficient.
Conclusion
While I do not object wholesale to redevelopment of the Proposal property, the manner and means in which the Proposal seeks to transform 1101 Cañada Road are replete with missteps. I felt obligated to raise my concerns before this Council votes on a proposal that would affect major, negative change to the Woodside community that my family and I treasure. I thank this Council for its consideration in this matter and urge it to deny the proposed redevelopment.
Item A Page 171 Town Council Meeting November 28, 2023
8 Best regards,
Kevin and Melinda Johnson
Woodside, CA 94062
cc: Ms. Jennifer Li, Woodside Town Clerk ([email protected]) cc: Jean B. Savaree, Woodside Town Attorney ([email protected]) 2955 Woodside Road
Woodside, CA 94062
Woodside Town Council Objection Letter.docx
Item A Page 172 Town Council Meeting November 28, 2023
Kathleen Burdick
Woodside Residence since 1972
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Cañada Rd subdivision
Date: Tuesday, November 21, 2023 9:12:00 AM
Attachments: 1101 Canada Subdivision Concept Map 09-29-21.pdf From: Sarah Filipe <[email protected]>
Sent: Monday, November 20, 2023 8:22 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Cañada Rd subdivision
Hi Jen,
I received this email in support of the proposed subdivision at 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Mark Putnam < >
Sent: Saturday, November 18, 2023 9:48 AM
To: Sarah Filipe <[email protected]>
Subject: 1101 Cañada Rd subdivision
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Town of Woodside,
I am writing in support of the subdivision being proposed at 1101 Cañada Rd. Woodside needs more housing and this is a very responsible and well-thought-out proposal.
Thank you,
Mark Putnam
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: Fwd: 1101 Cañada Rd
Date: Monday, November 27, 2023 7:59:43 AM
From: Sarah Filipe <[email protected]>
Sent: Wednesday, November 22, 2023 2:08:13 PM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Cañada Rd
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From:
Sent: Wednesday, November 22, 2023 1:28 PM
To: Sarah Filipe <[email protected]>
Subject: 1101 Cañada Rd
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Sarah,
I would like to support the current project under consideration for 1101 Canada Road.
Please let me now if you have any questions. I fully support what is being planned for the land.
Kindest regards,
Amy Brugger
Amy N. Brugger
Wealth Management Associate – The Silicon Valley Group
Morgan Stanley Wealth Management
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From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: Project at 110 Canada Road
Date: Monday, November 27, 2023 9:33:00 AM
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:45 AM
To: Jennifer Li <[email protected]>
Subject: FW: Project at 110 Canada Road
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Claudia Arango < >
Sent: Wednesday, November 22, 2023 8:21 PM
To: Sarah Filipe <[email protected]>
Subject: Project at 110 Canada Road
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Sarah,
Please note my support of the development project at 1101 Canada Road.
I am a Woodside resident and reside at , Woodside.
Please let me know if there is anything else I can do to help move the project forward Sincerely,
Claudia Dunsby
---
Claudia Arango | Hybridge, Inc. |
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Canada hearing
Date: Monday, November 27, 2023 9:33:00 AM
Attachments: 1101 Canada letter.pdf
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:46 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Canada hearing
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Scott Dancer < >
Sent: Thursday, November 23, 2023 11:17 AM
To: Sarah Filipe <[email protected]>
Subject: 1101 Canada hearing
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Sarah,
My wife and I live one street away and have been watching the 1101 Canada subdivision progress.
We like the most recent layout and think it would fit in well with the neighbourhood.
Attached is a letter in support of the 7 lot split for the packet to the Town review board.
Scott Dancer
Woodside
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Cañada Road Subdivision - Submission for November 27 Meeting Date: Monday, November 27, 2023 9:34:00 AM
Attachments: Comments on 1101 La Canada Road Subdivision.pdf From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:49 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Cañada Road Subdivision - Submission for November 27 Meeting Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Laurance Narbut < >
Sent: Saturday, November 25, 2023 6:03 AM
To: Sarah Filipe <[email protected]>
Subject: 1101 Cañada Road Subdivision - Submission for November 27 Meeting [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Sarah,
I hope you are enjoying a relaxing Thanksgiving break.
Please find attached a letter offering comments for the Town Council’s consideration regarding the proposed subdivision at 1101 Cañada Road. Please let me know if I can provide anything further.
Best regards,
Laurance Narbut
Date: November 20, 2023
To: Town Council of Woodside, California
From: Laurance Narbut, Woodside Resident
Re: November 27, 2023 Meeting to Review the Proposed Development at 1101 La Cañada Road I am writing as a resident of Woodside to comment on the proposed development at 1101 La Cañada Road. First, I’d like to express my appreciation to all the viewpoints that have been voiced on this project, both those in support, and those highlighting concerns, with the development. Voicing all the perspectives is critical to fleshing out the nuances that should be carefully considered, of which there are many in any development. I’d also like to thank the Town Council for their challenging role in weighing all these perspectives for the benefit of the Woodside community – not an easy task to say the least. My family and I were residents in 2022 and 2023 at , a home which is perched 50 vertical feet above, and on the northeast side of, the proposed development. The home has a largely unobstructed view of all boundaries of the primary development site, extending all the way to La Cañada Road. This has resulted in countless hours looking out over the site area, in all seasons of the year.
As has been discussed, the existing use of the property is for a horse ring (unused while I was resident), a repurposed church/school building, and an oversized paved access road and parking area that has shown the wear of time. Having reviewed the proposed plans in detail, the setbacks, renewable energy focus, and landscaping provisions, all seems very much in keeping with the type of development that Woodside is trying to encourage. Comparing these plans to the current use of the property, or potential uses of the property, my personal opinion is that conforming the general plan for the property to the current SR1 zoning is both in keeping with the character of the community that Woodside is trying to create, and potentially prevents far more controversial uses of the property that might be allowed as the general plan is currently written. As someone who has spent an extended period of time looking out over the property, I am in support of the proposal as currently written.
Thank you for your consideration of the above. I know this is only one view of many, and appreciate everyone’s participation in the process to arrive at a constructive outcome for this property.
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Canada Road
Date: Monday, November 27, 2023 9:34:00 AM
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:49 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Canada Road
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Marc Tarpenning < >
Sent: Saturday, November 25, 2023 12:39 PM
To: Sarah Filipe <[email protected]>
Subject: 1101 Canada Road
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Ms. Filipe,
I have become aware of a proposed subdivision at 1101 Canada Road. As a long time Woodside resident, I support this development. I like the proposed 1 acre lot sizes, but I wish that each lot had at least an ADU or was a duplex. We must add housing.
Best,
Marc
-----
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: Note in support of development at 1101 Canada Road Date: Monday, November 27, 2023 9:34:00 AM
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:50 AM
To: Jennifer Li <[email protected]>
Subject: FW: Note in support of development at 1101 Canada Road Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Kendra Ragatz < >
Sent: Saturday, November 25, 2023 5:35 PM
To: Sarah Filipe <[email protected]>
Subject: Note in support of development at 1101 Canada Road [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Sarah –
I hope this finds you well and that you had a wonderful Thanksgiving. I wanted to send a note in support of Lisa Putnam’s project at 1101 Canada Road – the 7 homesites on the 8 acres planted with native plantings. The project looks like a wonderful addition to our community. Additionally, I have known Lisa for years – from her leadership in organic farming in our community, to her volunteer work at Woodside Elementary, and to her preservation of our trail systems – and there is no one I trust more to develop homesites that will be appropriate and additive to our very special Woodside community.
Please do not hesitate to reach out to me with any questions. Thank you for all you do for our town! My best,
Kendra Ragatz
Woodside, CA 94062
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Cañada Rd
Date: Monday, November 27, 2023 9:34:00 AM
-----Original Message-----
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:50 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Cañada Rd
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
-----Original Message-----
From: Bruce Carlsmith < >
Sent: Saturday, November 25, 2023 9:16 PM
To: Sarah Filipe <[email protected]>
Subject: 1101 Cañada Rd
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To the Woodside Town Council,
My name is Bruce Carlsmith and I am writing in support of the project by the Putnam Family on 1101 Cañada Road.
I am married to Lisa Putnam and so my support should be no surprise, but I also have a history of commitment to the town of Woodside. I served on the ASRB for two years; I started the Woodside Soapbox Derby, and I personally built the garden structure and greenhouse at Woodside Elementary School.
In my opinion this project is completely consistent with the general character of the town, as demonstrated by the lack of any significant variances and the care given to the design. The access road will provide an instant community to the homes built there, and the one-acre zoning will make them private and comfortable.
Woodside and our surrounding towns are of course under considerable pressure to provide additional housing and I can’t imagine a more fitting way to do that than this well-planned addition to the town. I urge you to vote in favor and allow this thoughtful project to go forward.
Respectfully,
Bruce Carlsmith
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: Support for 1101 Cañada Rd
Date: Monday, November 27, 2023 9:34:00 AM
-----Original Message-----
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:51 AM
To: Jennifer Li <[email protected]>
Subject: FW: Support for 1101 Cañada Rd
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
-----Original Message-----
From: Hollister Nancy
Sent: Sunday, November 26, 2023 10:53 PM
To: Sarah Filipe <[email protected]>
Subject: Support for 1101 Cañada Rd
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Town of Woodside ~
I am writing in support of the subdivision proposed at 1101 Cañada Rd. It appears to be well thought out and appropriate for the neighborhood. Woodside needs more housing, and this is a reasonable, respectful way to develop. I live about a half mile walk from the site and am sure I won’t enjoy the construction process, and yet I remain convinced it’s an appropriate plan.
Thank you for noting my support.
Kind regards,
Nancy Hollister
Woodside Resident since 2011
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: 1101 Cañada Rd. - potential subdivision
Date: Monday, November 27, 2023 9:35:00 AM
-----Original Message-----
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 8:52 AM
To: Jennifer Li <[email protected]>
Subject: FW: 1101 Cañada Rd. - potential subdivision
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
-----Original Message-----
From: Paul Chapuis
Sent: Monday, November 27, 2023 8:42 AM
To: Sarah Filipe <[email protected]>
Cc: Bruce Carlsmith
Subject: 1101 Cañada Rd. - potential subdivision
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
hi Sarah,
Quick note to add my name, as a woodside resident of 15 years, to the proposed plan for 1101 Cañada Rd.
Cheers,
Paul Chapuis
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: Sarah, re 1101 Canada Road proposed project...
Date: Monday, November 27, 2023 1:20:00 PM
From: Sarah Filipe <[email protected]>
Sent: Monday, November 27, 2023 1:20 PM
To: Jennifer Li <[email protected]>
Subject: FW: Sarah, re 1101 Canada Road proposed project...
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Brad Miller
Sent: Monday, November 27, 2023 1:10 PM
To: Sarah Filipe <[email protected]>
Subject: Sarah, re 1101 Canada Road proposed project... [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I would like to go on record as being in favor of the project. Generally speaking, I believe the Town of Woodside will benefit in many ways by adding to the housing stock in the tasteful way the project is being proposed and, as someone close to the forever growing demand among younger families to live in our town and to be able to send their children to our wonderful school, the project will provide a nice boost to the needed entry level housing inventory for that generation of new buyers.
I went to the last ASRB meeting in which the project was presented to hear more detail on the master development plan and came away believing that Lea & Braze and the owners have done a very well-thought out job of addressing the key issues of grading sensitivities, view corridor impact and drainage considerations. I have also learned that the developers are planning on imposing ecologically sustainable CC&Rs with the goal of favoring native plants and favorable habitats for the local wildlife.
All in all, it appears like a tremendous amount of careful thought has gone into the project...and even as a neighbor living not far away on Canada Road, I believe the project will be a net win for the Town.
Please contact me if you need to talk further.
Thanks! Brad Miller (
--
Brad Miller
COMPASS - Woodside
REALTrends - on Top Teams in US list
From: Maurice Werdegar
To: Council Members
Cc: Kevin Johnson
Subject: Regarding the Proposed Subdevelopment at 1101 Canada Road Date: Monday, November 27, 2023 4:06:15 PM
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Woodside town council –
We, the Werdegars, own two homes very close the area of the proposed subdevelopment at 1101 Canada Road (
We have reviewed the letter of concern submitted by our neighbor Kevin Johnson and would like to voice our support of his request for a more thorough analysis of the implications of this project.
From our understanding, there is much work to be done to be sure this project does no harm to our community, adheres to our high standards and complies with the law.
Thank you for your consideration.
Best,
Maurice Werdegar
This email is intended only for person(s) to whom it is addressed and may contain confidential and proprietary information. Unauthorized use is prohibited. If you have received this transmission in error, notify the s ender immediately. This email is not a solicitation or offer to buy or sell any securities or related financial instruments. Information herein may not be accurate or complete, and is subject to change without notice. Past performance is not a reliable indicator of future performance.
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: In SUPPORT of 1101 Canada Rd subdivision
Date: Tuesday, November 28, 2023 4:50:54 PM
-----Original Message-----
From: Sarah Filipe <[email protected]>
Sent: Tuesday, November 28, 2023 4:45 PM
To: Jennifer Li <[email protected]>
Subject: FW: In SUPPORT of 1101 Canada Rd subdivision
Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
-----Original Message-----
From: Kristina Phipps
Sent: Tuesday, November 28, 2023 3:35 PM
To: Sarah Filipe <[email protected]>
Subject: In SUPPORT of 1101 Canada Rd subdivision
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Sarah,
I am a 25-year resident of Woodside and have seen the town change, grow and adapt to new conditions over the years. Given our climate crisis and need for housing, I am in strong support of the thoughtful subdivision proposed at 1101 Canada Rd. The property has been an asset to the community for many years, providing many of us with local fresh-picked organic produce. Now, there is another opportunity for contribution to the community in the form of a sustainable community that expands the housing availability in our town. I am grateful for the great care and environmental considerations that have gone into the planning of this subdivision, which hopefully can serve as a model for others in the future
Thank you for your consideration,
Kristina Phipps
Woodside, CA
From: Jennifer Li
To: Council Members
Cc: Sage Schaan
Subject: FW: Support for 1101 Canada Road Subdivision into 7 lots Date: Tuesday, November 28, 2023 4:51:03 PM
From: Sarah Filipe <[email protected]>
Sent: Tuesday, November 28, 2023 4:45 PM
To: Jennifer Li <[email protected]>
Subject: FW: Support for 1101 Canada Road Subdivision into 7 lots Hi Jen,
I received this email of support for 1101 Canada Road.
Thank you,
Sarah Filipe
Associate Planner
Town of Woodside
(650) 851-6796 (Office)
(650) 530-3436 (Direct)
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
From: Susan Doherty < >
Sent: Tuesday, November 28, 2023 3:47 PM
To: Sarah Filipe <[email protected]>
Subject: Support for 1101 Canada Road Subdivision into 7 lots [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Ms. Filipe,
I am a 24-year resident of Woodside, former committee volunteer, a horse owner, and member of the Woodside Pony Club.
I am writing in support of the subdivision of 1101 Canada Road into 7 one-acre single family lots.
This parcel could have been made into a much higher density project due to the potential option of builder's remedy. The Putnam family have proved to be wise stewards of the land for generations now. They have invested care and thought into the subdivision and it will be a model for future developments in the area.
As someone who enjoys Canada Road for walking and horseback riding, I think this lowdensity approach is the best option for the horse and pedestrian community.
I encourage the commission to approve the subdivision.
Thank you,
Susan
Susan Doherty
TOWN OF WOODSIDE
Report to Town Council Agenda Item B
From: Kevin Bryant, Town Manager November 28, 2023
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SECTION 30.03,
PROCEDURE FOR FILLING VACANCIES ON THE TOWN COUNCIL, TITLE III, ADMINISTRATION, CHAPTER 30, TOWN COUNCIL, OF THE
WOODSIDE MUNICIPAL CODE TO EXTEND THE TIME TO CALL FOR SPECIAL
ELECTIONS TO FILL VACANCIES ON THE TOWN COUNCIL
RECOMMENDATION
Staff recommends that the Town Council conduct a public hearing and introduce the attached proposed Ordinance amending Section 30.03 of the Woodside Municipal Code to extend the time to call for a special election to fill vacancies on the Town Council from 30 to 60 days. To properly introduce the Ordinance, the Council should:
1. Receive the staff report;
2. Open the public hearing on the proposed Ordinance;
3. Close the public hearing; and
4. After Council discussion, motion to introduce Ordinance by title, waive further reading, and schedule second reading and adoption at the December 12, 2023, meeting.
BACKGROUND AND ANALYSIS
California Government Code section 36512 prescribes the process by which councils and boards must fill unexpected vacancies in elected offices. Per the authority granted under subsection 36512(c), Woodside has adopted an ordinance codified as Woodside Municipal Code Section 30.03, which varies from the default method of filling vacancies. The Ordinance indicates in Subsection 30.03(A) that its purpose is to allow the Council to call for a special election and make an interim appointment to fill a vacancy until that special election, rather than choosing one option or the other pursuant to the default provisions of Government Code 36512(b). The Ordinance also indicates that its intent is to provide more flexibility to the Council as to the date of the special election called to fill a vacancy.
The Town Council enacted Section 30.03 through Ordinance 1999-497, which was adopted on October 12, 1999. At that time, the Government Code provided only 30 days to act on vacancies, either through appointments or by calling for special elections. That section of the Government Code, 36512(b), was revised in 2010 to allow 60 days to act on vacancies. The Town’s ordinance, however, continues to require that action to fill a vacancy be taken within 30 days.
At its regular meeting on October 24, 2023, the Town Council considered whether to amend Section 30.03 of the Municipal Code and reviewed several different code amendment options. The Council ultimately directed staff to draft a proposed ordinance to extend the Item B Page 1 Town Council Meeting November 28, 2023
time for Council action on a vacancy from 30 to 60 days. The proposed Ordinance, if adopted, would make that change and leave all other language in Section 30.03 as it currently exists.
CONCLUSION
Staff requests that the Council hold a public hearing to solicit public input on the proposed Ordinance. At the close of that hearing, staff recommends that the Council introduce the proposed Ordinance and schedule its second reading and adoption on December 12, 2023.
Attachments
1. Proposed Ordinance
Item B Page 2
Town Council Meeting November 28, 2023
ATTACHMENT 1
ORDINANCE
Item B Page 3
Town Council Meeting November 28, 2023
ORDINANCE NO. 2023 - _____
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE AMENDING SECTION 30.03, PROCEDURE FOR FILLING VACANCIES ON THE TOWN COUNCIL, TITLE III, ADMINISTRATION, CHAPTER 30, TOWN COUNCIL, OF THE WOODSIDE
MUNICIPAL CODE TO EXTEND THE TIME TO CALL FOR SPECIAL ELECTIONS TO
FILL VACANCIES ON THE TOWN COUNCIL
WHEREAS, pursuant to California Government Code section 36512(c), in 1999 the Town Council adopted Ordinance 1999-497, which codified Section 30.03 of the Woodside Municipal Code;
WHEREAS, Section 30.03 sets forth the procedure for filling vacancies that occur on the Town Council and requires the Council to act to fill vacancies within thirty (30) days; WHEREAS, Subsection 30.03(A) indicates that the purpose of adopting Ordinance 1999- 497 was to allow the Town Council the option to make an interim appointment pending a special election to fill a vacancy, and to increase flexibility in scheduling the special election; and WHEREAS, in furtherance of increasing flexibility in scheduling special elections to fill Council vacancies, and to allow ample time to recruit potential interim appointees, the Town Council wishes to increase the time to act to fill vacancies from thirty (30) to sixty (60) days.
IT IS HEREBY ORDAINED by the Town Council of the Town of Woodside as follows:
SECTION ONE: The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
SECTION TWO: Section 30.03, Procedure for filling vacancies on the Town Council, of Title III, Chapter 30 of the Woodside Municipal Code is hereby amended to read as follows:
Sec. 30.03 - Procedure for filling vacancies on the Town Council. (A)Purpose. From time to time vacancies occur during the term of a Town Council Member that require the Town Council pursuant to Cal. Gov't Code § 36512(b) to fill the vacancy either by appointment or special election. There is no opportunity to both provisionally fill the vacancy by appointment and then hold a special election at a convenient general election date. Pursuant to Cal. Gov't Code § 36512(c) if the Town Council adopts an ordinance providing that all such vacancies during the term of a Council Member shall be filled by special election, then the said Code allows for an interim appointment pending the special election, and provides more flexibility in setting election dates.
(B) Filling a vacancy. When a vacancy occurs in the elective office of Town Council Member, during the term thereof, the vacancy shall be filled by special election. (1) The special election shall be called within sixty (60) days of the occurrence of the vacancy.
(2) The Town Council may appoint a person who is qualified to hold the office, and that person shall hold the office until the time of the special election.
Item B Page 4
Town Council Meeting November 28, 2023
(3) The special election shall be held on the date of the next regularly established election, or regularly established general municipal election to be held throughout the Town, not less than 114 days from the call of the special election.
SECTION THREE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION FOUR: Pursuant to Section 36937 of the Government Code of the State of California, this Ordinance shall take effect 30 days after its passage.
SECTION FIVE: The Town Clerk shall cause this Ordinance to be published in accordance with the requirements of Section 36933 of the Government Code of the State of California.
* * * * * * * * * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No. 2023-_____ of the Town of Woodside entitled as above; that it was introduced on the 28th day of November 2023 and was passed and adopted by the Town Council on the 12th day of December 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_____________________________
Clerk of the Town of Woodside
APPROVED:
_____________________________
Mayor of the Town of Woodside
Item B Page 5
Town Council Meeting November 28, 2023