Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80
TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES July 23, 2024
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.
CALL TO ORDER
Mayor Wall called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall Staff Present:
Kevin Bryant, Town Manager
Jean Savaree, Town Attorney
Sage Schaan, Planning Director
Yazdan Emrani, Town Engineer/Public Works Director
Melissä Cardinale, Interim Town Clerk/Assistant to the Town Manager
PLEDGE OF ALLEGIANCE
Councilmember Shaw led the Pledge of Allegiance.
COMMUNICATIONS
Don Pugh spoke about the Conditional Use Permit seating limits for the Bakery and his complaint regarding the violations.
Mayor Wall stated that the Conditional Use Permit will be scheduled for an upcoming Planning Commission meeting.
David Mittelman spoke about the Skywood Acres Homeowners Association's comments during his communications with the public on the Highway 84 road closure.
TOWN MANAGER REPORT
Mr. Bryant stated that there were some road closures by utility companies in conjunction with encroachment permits which interrupted neighborhoods and that the Town Engineer will be bringing forward an item for the Council to consider how to handle violations of encroachment permits which are Mayor Wall thanked staff for their assistance.
APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Woodside History Committee
Councilmember Goeld spoke about the application.
Councilmember Goeld moved to appoint Sean McBride to the Woodside History Committee.
Town Council Meeting Minutes July 23, 2024 Page 1
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: None
CONSENT CALENDAR
1. Approval of Waiver of Full Reading of Ordinance, per Government Code Section 36934.
2. Register of Demands Against the Town of Woodside from July 1 through July 15, 2024.
3. Resolution Reducing the Membership of the Livestock and Equine Heritage Committee.
Resolution No. 2024 - 7692
4. Resolution Authorizing the Town Manager to Execute A Construction Contract for the Kings Mountain Road/Woodside Road & Canada Road/Romero Road Crosswalk Project in an Amount Not to Exceed $300,000, Which Includes $28,509 for Construction Contingency.
Resolution No. 2024 - 7693
5. Resolution to Create a Town Family Leave Benefits Policy Which Includes Purpose, Policy, and Procedures.
Resolution No. 2024 - 7694
Councilmember Wall pulled Item 5 for discussion.
Councilmember Shaw pulled Item 4 for discussion.
Councilmember Goeld moved approval of the Consent Calendar Items 1-3.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: None
Regarding Item 4, Councilmember Shaw stated that he pulled this item as an example that Council is being asked to approve large projects and the Attorney General being able to take legal action against any city and seek fines up to $50,000 a month for violating unspecified State housing laws.
Council discussion included: could Council continue this item to a future regular meeting once the Housing Element discussions have concluded; if Council finds that the Town is in a position to relook at the budget, that would be done holistically and it would not necessarily focus on one particular project; the Circulation Committee has recommended this project to the Council and it is a Safe Routes to School related item; the Council should move forward with Town business despite what is happening in Sacramento which is out of our Councilmember Shaw moved approval of the Consent Calendar Item 4.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: None
Regarding Item 5, Mayor Wall stated that she pulled this item to obtain clarification on the 12-month waiting period for the policy to apply. She asked if the waiting period could be deleted and that removing the waiting period could be a good retention and recruitment tool for future Town hires.
Town Council Meeting Minutes July 23, 2024 Page 2
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 In response to Council's questions, Mr. Bryant stated that this is a fully funded and self-administered Town program so the waiting period is not required.
Council discussion included: eliminating the 12-week waiting period; providing 12 weeks of family leave instead of 8 weeks.
Councilmember Fluet moved approval of the Consent Calendar Item 5 with the amendments to remove the 12-month waiting period and providing 12 weeks of family leave.
Motion seconded by Councilmember Dombkowski and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Shaw, and Mayor Wall NOES: Councilmember Goeld
PUBLIC HEARING
A. CONTINUED FROM JULY 9, 2024: Consideration of the following actions related to the Cycle 6 Housing Element (2023-2031) of the General Plan:
1. Review and approval or denial of a Resolution approving an Environmental Impact Report (EIR) that was prepared for the Cycle 6 Housing Element update pursuant to the California Environmental Quality Act (CEQA). The EIR was circulated for a 45-day public review period between May 4, 2024, and June 17, 2024 (State Clearing House Number 202305049). All public comments received have responses in the Final EIR.
Resolution No. 2024 - 7695
2. Review and approval or denial of a Resolution approving the Town's Cycle 6 Housing Element (Draft 4) with changes requested by the State Department of Housing and Community Development Resolution No. 2024 - 7696
3. Review and approval or denial of a Resolution amending General Plan land use designations for APN 069-170-450 (High Road) from Open Space/Environmentally Sensitive Area (OS-ESA) to Residential (R) and APN 072-041-040(Raymundo Drive) from Open Space (OS) to Residential (R).
Resolution No. 2024 - _
4. Introduction of an Ordinance that would do the following: amend Municipal Code Chapter 153 (Zoning) to add new Multi-Family (MF) zoning district development standards, and changes to existing standards for the Multi-Family Residential Development Overlay Zone (MFRD) at Cañada College; amend the Zoning Map designation for APN 069-170-450 (High Road) from Open Space for Preservation of Natural Resources (ON) to MF; amend the Zoning Map designation for Assessor Parcel Number (APN) 072-041-040 (Raymundo Drive) from Open Space (OS) to MF; amend the Ordinance No. 2024 - .
5. Review and approval or denial of a Resolution establishing new multi-family Objective Design Standards (ODS) for the following multi-family sites identified in the Town's Housing Element: APN 069-170-450 (High Road); APN 072-041-040 (Raymundo Drive); portion of APN 068-100-220 (773 Cañada Road); and, portions of Cañada College Campus, APNs 068-320-330/410.
Resolution No. 2024 -
6. Review and approval or denial of a Resolution amending the Emerald Lake Hills Specific Plan associated with a new MF Zoning at a portion of APN 068-100-220 (773 Cañada Road) and sewer service area expansion.
Resolution No. 2024 - -
Town Council Meeting Minutes July 23, 2024 Page 3
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 Mayor Wall stated that staff will introduce each item, and then each item will have an opportunity for Council questions, public comment, Council deliberations, and then a vote.
Councilmember Brown stated he needed to be recused due to living within 500 feet of the proposed housing site at High Road, and left the room at 7:24 p.m.
Mr. Bryant presented an overall summary of the staff report and the process to be taken by Council.
Councilmember Goeld's questions included: why was there a change in direction given by Council to staff on January 31, 2023; the letter from the Enforcement Division of the Department of Housing and Community Development (HCD) was received on March 1, 2024, but why wasn't this brought to the Council at an earlier meeting.
In response to Councilmember Goeld's questions, Ms. Savaree stated that staff doesn't see this process as a difference in policy direction. Staff has been working for months with HCD and it took HCD a very long time to return comments to the Town. HCD has indicated that if the Housing Element is submitted in the form that is presented in the packet, they will find it substantially compliant.
Council then proceeded with hearing each item separately as outlined below.
1. Review and approval or denial of a Resolution approving an Environmental Impact Report (EIR) that was prepared for the Cycle 6 Housing Element update pursuant to the California Environmental Quality Act (CEQA). The EIR was circulated for a 45-day public review period between May 4, 2024, and June 17, 2024 (State Clearing House Number 202305049). All public comments received have responses in the Final EIR.
Mr. Bryant introduced Matt Francois from Rutan & Tucker, special Califomia Environmental Quality Act (CEQA) and land use counsel to the Town on the Housing Element, and Andrew Hill, principle of Dyett & Bhatia, who the Town hired to perform the analysis and prepare the Draft and Final EIR.
Mr. Francois spoke about the difference between a program EIR and project EIR, the significant unavoidable impacts identified in the EIR (greenhouse gas (GHG) emissions and vehicle miles traveled (VMT), and the draft Statement of Overriding Considerations.
Mr. Hill spoke about the EIR process, the EIR findings, and summarized the public comments on the Draft EIR.
Council questions included: if a multifamily density project is submitted to the Town, would there be project based supplemental EIRs and CEQA review; could we include in the traffic and evacuation statements in the EIR concerns from residents regarding the lack of emergency evacuation; why wasn't there inclusion on some of the larger mammals that have Woodside as their habitat; how will the site currently zoned open space comply with Guiding Principle #6 to allow housing development that is subordinate, sensitive, and complementary to the natural environmental setting and site specific conditions.
In response to Council questions, Mr. Francois stated that there will be project based supplemental EiRs and CEQA review for any multifamily density project submitted to the Town. There will be public notice of any and all CEO actions that the Town takes. The Planning Commission was also concerned that emergency evacuation be considered, specifically at the project level. Council could add to the resolution certifying the EIR any particular area Council wants to see examined with each of these four sites, if and when they come forward with applications, at a project level review.
In response to Council questions, Mr. Hill stated that they consulted the State databases for plants and wildlife which identifies special status species throughout the State and the ones particularly that are known to occur or could potentially occur in Woodside. The analysis focused primarily on those, and the data shows primarily plants and birds. Project objectives don't specifically talk about the subordination of housing to the natural environment. The project objectives are in the project description and they talk specifically about achieving compliance with State law, achieving certification of the Housing Element, Town Council Meeting Minutes July 23, 2024 Page 4
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 and promoting housing throughout the community as needed to meet those State requirements. Some level of CEQA review will be required when a specific project is submitted to the Town.
The Public Comment period on the EIR opened at 8:29 p.m.
The following people spoke to express their concerns with the EIR: Steve Lubin, Wayne He, Chris Canellos, Christine Lee, David Disher, Stephanie Disher, John Huhs, Kim Hansen, Dave Fabian, Donna Howe, Ken Stasun, Alysha Mesmer, Bruce Jenett, Jonathan MacSwane, Kristin Crosland, Dan Stoddard, and Kathy Gregory. Speakers stated displeasure with the housing sites being put in locations away from the center of Town which contributes to the GHG and VMT impacts that were identified in the EIR, and that the housing sites are all in one area of Town. Speakers asked about how the housing sites were decided on by the Town Council. A speaker asked what the implications are if the Town does not approve the specific projects in the future once applications have been submitted. Several speakers asked why the rezoning for all four housing sites are being voted on at one time. Several speakers reiterated concerns regarding emergency evacuations and egress routes. A speaker indicated she was hesitant to recommend that Council adopt this EIR until we understand what the State will do, what type of review we can get, and how the configuration will affect our ability to give meaningful feedback on a project basis. A speaker asked about deed restrictions which have been mentioned in previous meetings. A speaker asked about septic systems and groundwater in the areas around the housing sites. A speaker asked about why wildlife wasn't taken into greater account.
Daron Evans spoke to thank the Council and committees for their work on the Housing Element.
In response, Mr. Francois stated that there will be ongoing compliance requirements and check-in by HCD on an annual basis. Mr. Francois stated that this process is largely driven by State law. CEQA does set up the process for doing an initial study at the beginning that identifies the potential impacts of a project.
The Town can't take a lesser route under CEOA. It has to go the EIR route. If and when an application for a project has been submitted, then the CEQA process repeats itself.
In response, Mr. Bryant stated that for the Town to be compliant with Housing Element law, all of the rezonings would need to be approved at one time. If Council took them in sequence over a period of time, the Town wouldn't be compliant until the last approval was completed. Mr. Bryant spoke about the process of identifying potential sites for the Housing Element.
In response, Mr. Schaan stated that it is likely that for the Town-owned sites that are targeted for low and very low income, the Town would be partnering with an affordable housing developer to develop those sites, and they would be deed restricted to specific income levels. There are different income categories that need to be met with the number of units. Mr. Schaan stated that sewer would be discussed when a specific project application is submitted to the Town.
In response, Mr. Hill stated that CEQA defines specific resource categories and establishes specific questions that need to be answered in an EIR. Wildfire is a newly added resource category under CEQA, and it has some very specific questions about different circumstances that could result from wildfire. The EIR found that compliance with existing regulations at the State and local level would reduce the impacts to the maximum extent practicable and therefore those impacts could be adequately reduced. The air quality modeling is based on the projected emissions of pollutants or greenhouse gases that could result first from construction of the housing. This means there's an assumption about how many acres of land need to be disturbed, how many truck trips are needed, and what sort of pollutants would be emitted The Public Comment period on the EIR closed at 9:23 p.m.
Councilmember Dombkowski asked Council to consider adding an additional WHEREAS to the resolution which would state, "WHEREAS, the Town Council of the Town of Woodside acknowledges that the Town of Woodside exists within a very high severity fire zone and the ability of residents to evacuate in the event of fire or other natural disasters is fundamental to the health and safety of our community. We hereby direct the staff at the Town of Woodside to address the infrastructure and research additional egress options near or adjacent to Assessor Parcel Number APN 072-041-040 Raymundo Drive.
Town Council Meeting Minutes July 23, 2024 Page 5
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 Council discussion included: the EIR process is not perfect, nor does it address everything that individual residents might want to see; there will be public hearings on specific projects for the sites once they have been submitted to the Town; disagreement with the comments that this has been a rushed process as the EIR discussions began in 2022; is the Town moving forward with this because the State is making us Councilmember Dombkowski moved approval of the Resolution of the Town Council of the Town of Woodside Certifying the Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program for the 2023-2031 Housing Element Update with the modification of adding an additional WHEREAS to be placed where staff believes it should be inserted, as earlier articulated in the meeting.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Shaw, and Mayor Wall NOES: Councilmember Goeld
RECUSED: Councilmember Brown
There was a break from 9:40 p.m. to 9:47 p.m.
2. Review and approval or denial of a Resolution approving the Town's Cycle 6 Housing Element (Draft 4) with changes requested by the State Department of Housing and Community Development Mr. Bryant and Mr. Schaan provided a brief introduction to this item.
Council questions included: confirmation that the Town is the property owner for the High Road and Raymundo Drive sites which means that the Town retains control over the type and design of multifamily development; can Council add a philosophic statement to the Housing Element that we have a preference for Town-owned sites to be owner-occupied and codify that in the WMC; clarification on the number of proposed units for 773 Cañada Road and the increase in height; where are the parcels located that would be allowed to have 2 ADUs on a parcel; are ADUs still considered affordable; why are we agreeing before we even have an approved Housing Element to increase the total number of ADUs when we are exceeding our historical run rate; are ADUs being produced in concentrated areas or are they being built across the Town; will septic be a problem for these additional ADUs; what are the feasibility aspects of the sites chosen.
In response to Council questions, Mr. Bryant stated that including a statement in the Housing Element would be fine and, in the ordinance, a WHEREAS statement could be added to include the preference for Town-owned sites to be owner-occupied. Regarding increasing the number of ADUs, it comes down to the distinction in the Housing Element between the RHNA Plan and the requirements of AFFH. What is viable is an ADU plan which addresses AFFH. Regarding septic, HCD knows the Town has a sewer limitation.
Regarding feasibility, for HCD to deem a site acceptable for the RHNA plan, there has to be some better than even chance that it is going to be developed in this 8-year cycle.
In response to Council questions, Mr. Schaan stated that in the concept map, the application is required to show how many units can be accommodated and it shows a total of 20 units. The height limit is being proposed at 35 feet. He shared a map to show the parcels that could have additional ADUs. The ordinance could require that an additional ADU be attached to the main residence or be a detached ADU to still limit the total floor area. In the previous cycle, the Town and other jurisdictions were allowed to use assumptions on affordability and so there was a certain percentage that would be attributed to low income, moderate, and above. HCD may require more concrete evidence of affordability. There are more ADUs on lots that have fewer constraints.
The Public Comment period opened at 10:29 p.m.
Town Council Meeting Minutes July 23, 2024 Page 6
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 The following people spoke to express their concerns with the Housing Element: David Mittelman, Lee Ann Gilbert, David Disher, Thalia Lubin, Sue Poletti, Kim Hansen, Chris Canellos, Todd Zwaanstra, Bill Gilbert, and Pat Del Gavio. A speaker asked Council to consider the potential benefits of removing the ADU limit and size limit of ADUs, and to consider adopting an ordinance allowing for the sale of ADUs, similar to San Jose, to enable affordable housing ownership in Woodside. Regarding septic, it is regulated by San Mateo County and Council should explore alternative methods and technology for septic systems.
Speakers asked why no development is being proposed in the Town Center. A speaker asked what happens if we rezone a property based on a certain anticipated density to comply and the specific EIR comes back and says it can't accommodate that anticipated density. Several speakers asked why we are not fighting the State on these requirements. Speakers again mentioned dissatisfaction with the sites being located in one part of Town and asked how they had been evaluated and chosen. A speaker asked if the Housing Element could be revised after adoption if more ADUs have been built.
In response, Mayor Wall stated that the Town Center is subject to significant height restrictions that do not allow for development in the Town Center. This issue will be discussed in the future in connection with the Town Center Plan but it wasn't possible this RHNA cycle because of the height restrictions.
In response, Ms. Savaree stated that if a property is zoned for 20 units, it doesn't necessarily mean there will be exactly 20 units as there may be geologic constraints or CEQA issues that can't be addressed.
These issues will be reviewed at a project level.
In response, Mr. Bryant stated that if a project comes in under what is in the RHNA plan, then the Town has to find replacement sites.
In response, Councilmember Shaw provided a summary of how the sites were identified and included in the Housing Element.
In response, Mayor Wall stated that the Housing Element can be revised to include actual numbers of ADUs produced.
The Public Comment period closed at 11:12 p.m.
Councilmember Dombkowski asked Council to consider adding additional language to Section 3.1.a of the Housing Element which would state, "The Town of Woodside is committed to creating affordable home ownership at the very low and low income levels on parcels owned by the Town of Woodside.
Homeownership allows residents the opportunity to build personal wealth through ownership, creates housing opportunities closer to employment and services within the Town of Woodside and will contribute to building greater equity and diversity in our community." Council discussion included: Town Center is an obvious place to look at for housing but there is a height limit of 1-story; the schedule of sites that are in the Housing Element are not changing; there are Builder's Remedy applications throughout California; Woodside is unique because there are very few vacant parcels; the State can fine the Town $10,000 a month for not having an approved Housing Element but neighbors can also sue when these projects come forward; other cities and towns have challenged the State; this is a change to the Town's General Plan and new zoning designations; approving this plan is the first step to the Town regaining local control and then we can start to look at the projects themselves; the Town has complete control over the Town-owned sites; staff and Councilmembers have been talking with our elected representatives consistently.
Councilmember Shaw asked Council to consider a revision to the fifth WHEREAS on page 101 in the packet which would state, "WHEREAS, the Council finds that the language recommended by HCD is appropriate." Councilmember Fluet moved approval of the Resolution of the Town Council of the Town of Woodside Adopting the 2023-2031 Housing Element with the modifications to include the language from Councilmember Dombkowski to Section 3.1.a and the revisions from Councilmember Shaw to revise the fifth WHEREAS.
Motion seconded by Mayor Wall and approved by roll call vote:
Town Council Meeting Minutes July 23, 2024 Page 7
Docusign Envelope ID: DCEB684B-4090-450C-9BD1-625902D7FF80 AYES: Councilmembers Dombkowski, Fluet, Shaw, and Mayor Wall NOES: Goeld
RECUSED: Councilmember Brown
Mayor Wall moved to continue the meeting to July 30, 2024, at 7:00 p.m.
Motion seconded by Councilmember Fluet.
Before the roll call vote, Mayor Wall reopened the Public Comment Period at 11:49 p.m.
Walter Cook and Pat Del Gavio spoke and expressed their objection to the meeting being continued after waiting 5 hours to address the Town Council. They asked the Town Council to hold the meeting in September when people have returned from vacation.
In response, Mayor Wall stated that the agenda and packet will remain unchanged and the public can submit a letter, email the Council, email individual Councilmembers, and reach out to Town staff. Council cannot schedule meetings based on individual resident availability.
The Public Comment Period closed at 11:51 p.m.
The Motion was approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Shaw, and Mayor Wall NOES: Goeld
RECUSED: Councilmember Brown
ADJOURNMENT
Mayor Wall adjourned the meeting at 11:52 p.m.
Duft 2
lerk of the Town of Woodsic
APPROVED:
-Signed by:
Brian Vomblowski
Mayor of the Town of Woodside
Town Council Meeting Minutes July 23, 2024 Page 8