Town Council Meeting Minutes December 10, 2024 Page 1
TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES December 10, 2024
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.
CALL TO ORDER
Mayor Dombkowski called the meeting to order at 7:05 p.m.
ROLL CALL
Present: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski Staff Present:
Kevin Bryant, Town Manager
Jean Savaree, Town Attorney
Sage Schaan, Planning Director
Yazdan Emrani, Town Engineer/Public Works Director
Melanie Olson, Associate Planner
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Councilmember Wall led the Pledge of Allegiance.
COMMUNICATIONS
County Supervisor Ray Mueller presented: a commendation to Councilmember Wall for her term as Mayor; and, resolutions from the Board of Supervisors for previous Councilmembers Ned Fluet and Chris Shaw.
TOWN MANAGER REPORT
Mr. Bryant stated: there has been some turbulence at the Sheriff’s Office, however, it does not affect the level of safety services in Town.
APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Circulation Committee
Councilmember Wall recommended appointing Axel Clavier to the Circulation Committee.
Councilmember Goeld moved to appoint Axel Clavier to the Circulation Committee.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski 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 October 14 through November 30, 2024.
3. Resolution Authorizing the Town Manager to Execute an Agreement for Independent Audit Services for the 2024-25, 2025-26, 2026-27, 2027-28, And 2028-29 Audits with Maze & Associates.
Resolution No. 2024 - 7717
Town Council Meeting Minutes December 10, 2024 Page 2
4. 2024-25 October Monthly Investment Activity Report.
5. Resolution Providing Workers’ Compensation Coverage for Non-Safety Town Volunteers.
Resolution No. 2024 - 7718
6. Resolution (1) Accepting Completion of the 2024 Road Rehabilitation Project and Authorizing the Town Clerk to Record a Notice of Completion (2) Authorizing the Town Manager Execute an Amendment to The Construction Contract with O’Grady Paving Inc. In the Amount of $31,026.10 For Additional Construction for the 2024 Road Rehabilitation Project, Bringing the Total Not to Exceed Amount to $481,280.30.
Resolution No. 2024 - 7719
7. Resolution Updating the Town of Woodside Volunteer Handbook For Members of The Planning Commission, The Architectural And Site Review Board, And The Citizen Advisory Committees.
Resolution No. 2024 - 7720
Mayor Dombkowski pulled Item 7 for discussion.
Councilmember Wall moved approval of the Consent Calendar Items 1-6.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski NOES: None
Mayor Dombkowski acknowledged the wonderful work of the Volunteer Committee: Tom Johnson, Thalia Lubin, Sandra Dinubilo, Moira Lion, and staff liaison, Melissa Cardinale.
Mr. Bryant suggested a change on the top of Page 5 regarding Town Council compensation.
Councilmember Wall moved approval of the Consent Calendar Item 7 with the suggested change.
Motion seconded by Councilmember Aburish and approved by roll call vote:
AYES: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski NOES: None
PUBLIC HEARINGS
A. CONTINUED FROM OCTOBER 22, 2024: ASRB2022-0022/ CUSE2022-0002/ VAR12022-0006 / GRAD2022-0001/ GPAM2022-0001/ ZOAM2022-0001 / GPCD2022-0001 / EASE2022-0001:
1. Review, and approval, conditional approval, or denial of Application Numbers: ASRB2022- 0022 (DESIGN REVIEW); CUSE2022-0002 (CONDITIONAL USE PERMIT AMENDMENT, UPDATING AND REPLACING CUSE2016-0008); VAR12022-0006 (VARIANCE TO PARKING SPACE SIZE REQUIREMENTS); GRAD2022-0001 (GRADING EXCEPTION FOR GRADING CUTS EXCEEDING 8 FEET AND SITE GRADING EXCEEDING 1,500 CUBIC YARDS); GPAM2022-0001 (GENERAL PLAN LAND USE DESIGNATION CHANGE FOR APN 072-162-350 FROM RESIDENTIAL (R) TO COMMERCIAL (C)); GPCD2022-0001 (GENERAL PLAN CONFORMANCE DETERMINATION FOR PARTIAL VACATION OF AN OPEN SPACE EASEMENT); EASE2022-0001 (PARTIAL VACATION OF AN OPEN SPACE EASEMENT), AND DETERMINATION THAT THE PROJECT 15 CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES CLASS 1 (EXISTING FACILITIES), CLASS 2 (REPLACEMENT OR RECONSTRUCTION), CLASS 3 (NEW CONSTRUCTION), AND CLASS 11 (ACCESSORY STRUCTURES) (CEQA Guidelines Sections 15301, 15302, 15303 and 15311) for a proposed project including new commercial outdoor dining areas and expanded commercial parking lot at and existing commercial center known as the Cañada Corners, located at 3036 – 3062 Woodside Road (APNs 072-162-350 and 072-162-360) (The "Project").
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Resolution No. 2024 – 7721
2. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ZONING MAP DESIGNATION FOR APN 072-162-350 FROM RURAL RESIDENTIAL (RR) TO COMMUNITY COMMERCIAL (CC) (ZOAM2022-0001).
Ordinance No. 2025 - 642
Mr. Schaan presented the staff report.
Council’s questions and comments included: how enforcement about delivery hours works; whether a fine could be administered; the policy for Buck’s Restaurant and The Bakery is for deliveries to begin at 6:00 a.m., and if a vendor violates that, they would be terminated as a vendor; who complaints should be directed to; there should be clearer enforcement mechanisms; how Woodside compares to other municipalities regarding parking requirements; how seating counts compare to the Conditional Use Permit (CUP); why the conversation continues to be around the number of seats rather than the number of patrons; the property owner decided to remove the parklets; clarification about the trail and proposed fence; given the large number of responses regarding outdoor seating, could the Council address that regardless of the outcome of this agenda item.
In response to Council’s questions, Mr. Schaan stated: complaints can be made to the Town; the Town can contact the owner and seek compliance; if violations continue, the CUP can be taken to the Planning Commission for revocation; the current CUP has no condition about delivery hours; the applicant has been very responsive, so the Town did not need to intervene; for CUPs, complaints can go to the Community Preservation Officer or the Planning Department; any evidence for claims would be helpful; compared to other municipalities, Woodside is on the higher end of the spectrum in terms of required number of parking spaces as bigger cities might have more available street parking, public transportation, and public parking garages which may afford them lower parking requirements; seating was counted prior to removal of the parklets, and both businesses were out of compliance; the number of people who could occupy a space could change depending on the hour; Council could choose to modify the language to count patrons, however, it provides more opportunities for businesses to violate what they are allowed; there were concerns about allowing different uses on the trail; with input from the Circulation and Trails Committees, the property owner looked at improving the perimeter trails and modifying the open space easement; a four-foot tall solid fence with landscaping would provide more privacy for the neighbors; trail treads are two to four feet wide and the easement is 15 feet wide, so there is flexibility to ensure the trail is eight feet wide; the Town could choose to pay for constructing the trails; outdoor dining requires an amendment to the CUP.
In response to Council’s question about fines, Ms. Savaree stated: there is nothing in the Woodside Municipal Code that allows administrative fining; Council would need to hold a hearing to determine whether there was a violation.
Council invited the applicant to speak.
Dave Tanner, applicant, stated: the fire department determines the necessary occupancy and cares about the number of people, not the number of seats.
In response to Council’s question about whether he agrees with staff’s recommendation, Mr. Tanner stated:
no, they do not agree with everything; more demands would make this project financially difficult to support.
Leigh Prince, attorney for applicant, stated: the property owner decided to remove the parklets to focus the decision on outdoor dining and additional parking, which are allowed in the Woodside Municipal Code (WMC) with the proposed CUP amendment; it is easier to enforce code compliance with seats rather than with software tracking the number of patrons; there have been excessive requests of this project; the current equestrian easement language requires the Town to both construct and maintain the easement; planting is not effective for screening since it takes a long time to grow and sometimes die; the most effective screening for neighbors and community is a four-foot fence; if this project is not approved, there will be no outdoor dining; without additional parking, there is no incentive for the property owner to do
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the project; 92% of the emails received were positive and supportive of outdoor dining.
The Public Comment Period opened at 7:59 p.m.
The following people spoke in opposition of the project: Don Pugh, Bree-Anna Vail, Melinda Stoker, Steve Lubin, Kim Hansen, Diane Taube, Julie Levenson, Matt Apfel, Richard VanDuzer, Meyer Malka, Mark Dickey, David Mittelman, Rob Solomon, Thalia Lubin, and a member of the audience. They stated that: violation of the CUP (i.e., excess seating) has been causing parking problems; bulldozing open space is against the law as the findings cannot be made; an unattractive parking lot will increase traffic issues and a traffic study is necessary; this project only expands commercial operations at Cañada Corners to maximize profit at the expense of the Town’s character and community; the Town should prioritize the needs and voices of residents; enforcement is unclear/nonexistent; the additional seats are unnecessary and codify previous bad behavior; there is no privacy screening, security, and trail proposed; more time can be spent to improve the project. The speakers suggested: creating outdoor dining in the small space in front of Buck’s Restaurant; parallel parking along the perimeter; landscape screening and islands; changing the WMC to allow outdoor dining without requiring parking.
The following people spoke in support of the project: Vicki Coe, Avner Ben-Dor, Susan Franco, Desi Shaw, Annette Garcia, Rowan MacNiven, Alexander Tauber, Steve Patrick, Tyler MacNiven, Chris Shaw, and Gary Madden. The speakers stated that: outdoor dining brought a sense of community back; traffic issues are not new and has nothing to do with outdoor dining; the project will increase the Town’s charm; the project will serve an unseen demographic, the elderly and immunocompromised; a percentage of open space and conservation easement will be preserved; landscape screening would be better than a solid fence; dedicating the easement is a magnanimous gesture by the property owner; this would be a good change for the Town.
The Public Comment Period closed at 9:02 p.m.
Councilmember Brown stated: there is strong support for outdoor dining, and the Town needs parking for that; one-third of households work from home; with the State housing mandates, the Town and surrounding communities need to increase housing stock which will increase the population in Town; the proposed project retains 70% of land as open space; the Town could build the multi-use trails; 10 foot tall downlighting can work for the parking lot; he is supportive of the four foot tall fence as well as asking the Landscape Committee to suggest additional screening for light pollution; he is supportive of two additional security cameras; any violation of delivery times can be met with termination; he is interested in giving direction to staff to bring review of the parking code to be based on customers as well as occupancy limits.
Councilmember Wall stated: the project has room for improvement to be a good neighbor and good landlord; she wants to ensure the parking expansion would preserve the small-town nature of Woodside; a traffic study with the Town Center Area Plan would be beneficial; she was frustrated that the property owner removed the parklets; she is interested in a CUP review (e.g., 12 or 24 months) to ensure that the regulations are working; she is supportive of changing references of seats to patrons, and the CUP could require the property owner utilize that type of software; the current CUP has no delivery hours, so that should be clarified and include penalties for violations; she is not opposed to the Town paying for trail improvement; she would prefer a non-solid four-foot fence that has robust screening on the western edge; the CUP should require appropriate landscaping that would provide effective screening for neighbors; she agrees with the CUP requirements regarding security (i.e., cameras and a barrier that prevents after-hour access).
Councilmember Aburish stated: Measure A was not as clear as it could have been; he is open to expanding the CUP to allow more seating and parking; the CUP should state the allowed delivery hours; he is supportive of the security barriers; additional parking is necessary, however, he wonders if a fewer number of spots than what is proposed is sufficient; he is supportive of the Town building the trail; he would be interested to provide direction to staff to bring back parking requirements.
Councilmember Goeld stated: most of the letters speak of outdoor dining, but not parking; a large part of the problem dates back to the pandemic where flex seating was allowed; the neighbors have legitimate concerns that have not been addressed in a timely manner; he wonders if additional parking is actually needed; outdoor dining is related to parking, but one does not cause it; he is fine with patrons versus seats; Town Council Meeting Minutes December 10, 2024 Page 5
enforcement has been difficult; he is fine with a CUP time limit; he is supportive of fining violators of the CUP; the Roberts family has been a big part of the Town; there are too many open issues with the proposal.
Mayor Dombkowski stated that enforcement and compliance need to be clarified.
In response to Council’s request for guidance, Ms. Savaree stated: as a part of the CUP, Council may require a compliance report from businesses (e.g., computer system tracking number of patrons), a review in a certain time (e.g., six months or one year), a penalty for deliveries that occur outside of acceptable hours.
Councilmember Goeld stated: the CUP can have a six-month trial, and if businesses are still compliant with the allowed patron counts and noise restrictions after six months, the term can be eliminated.
Mayor Dombkowski summarized that the Council has some agreement for: net 34 spaces with sensible mitigation, a non-solid four-foot tall fence, the Town building and maintaining trails, screening that engages everyone’s input on, two ten-foot downlights, two security cameras, delivery hours starting at 6:00 a.m., café seating that meets regulations, “seats” become “patrons” with 117 and 140, as stated in the CUP, direction to staff to bring back traditional square foot parking ratios, review of the CUP in six months, a $100 fine for violations, and a security barrier.
Councilmember Brown moved to adopt the Resolution approving the project.
Council and staff discussion included: enforcement mechanisms Council could utilize; a $50 fine per patron violation; and the following changes to the Resolution:
I.L. Commercial loading dDeliveries shall not occur onsite before 6:00 A.M. and no later than 8:00 P.M. Deliveries between 6:00 a.m. and 8:00 a.m. shall be made only to the delivery location at the Southwest corner of the property.
I.N. The property owner shall install signage at the entrance to the Center indicating the hours of operation and prohibiting nonemployee parking outside of established business hours at the Center. The property owner shall install and maintain security barriers at the parking lot entrances/exits to prevent after-hours access access by the public after business hours. The property owner shall install and maintain two new security cameras in the rear parking lot located on the 10-foot-tall parking lot light fixtures installed for the expanded parking lot. The property owner shall maintain the existing security cameras that view the driveways accessing the Center, and provide the videos from the security cameras to the Town when requested. The property owner shall also provide after-hours security patrols to prevent trespassing into the Center and onsite loitering.
I.R. The restaurants shall not exceed the number of seats patrons allowed by CUSE2022-0002 this Conditional Use Permit (144 patrons for Buck’s and 117 patrons for The Village Bakery and Café), and if the applicant has not completed all steps necessary to obtain approved construction permits to expand the parking lot, and construction has not commenced within one year of Town Council approval of this Conditional Use Permit, the maximum seats patrons allowed for each restaurant shall revert to the limitations outlined in CUSE2016-0008 a maximum of 120 patrons for Buck’s; and, 70 patrons between 6:00 a.m. and 6:00 p.m., and 95 patrons between 6:00 p.m. and 11:00 p.m. for The Village Bakery and Café. Within the time between Town Council approval of CUSE2022-0002 and the completion of the parking lot (passing all final inspections), the owner shall provide valet parking for the restaurants between 10:00 a.m. and 6:00 p.m. to provide a level of parking management that would allow the site to accommodate additional vehicles onsite.
IV.E. Seating capacity shall be limited to 144 seats including the indoor space and outdoor dining parklet located in front of the business, subject to Condition I.R. above. The maximum number of patrons occupying the business at any given time shall be limited to 144, including the indoor space and outdoor dining parklet located in front of the business, subject to Condition I.R. above. The business is required to install, implement, and maintain computer software that identifies the number of patrons being served at any given time during operating hours to ensure that the business does not accommodate more patrons than permitted by this CUP. The business owner is responsible to compile and retain this information, to provide this information to the Town upon request and this information shall be included in the report prepared for the initial 6-month review and annual CUP review by the Council outlined in Condition VI.
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IV.F. and V.F The business owner and property owner are responsible for ensuring compliance with all conditions. Pursuant to Municipal Code Section 153.929, the Town shall refer the CUP to the Planning Commission for review and possible amendment or revocation if the business is operating outside of the required conditions.
V.E. The Village Bakery and Café is limited to having a total of 117 seats including the indoor space, outdoor dining in the rear patio, and outdoor dining parklet located in the front of the business, subject to Condition I.R. above. The maximum number of patrons occupying the business at any given time shall be limited to 117, including the indoor space, outdoor dining in the rear patio, and outdoor dining parklet located in front of the business, subject to Condition I.R. above. The business is required to install, implement, and maintain computer software that identifies the number of patrons being served at any given time during operating hours to ensure that the business does not accommodate more patrons than permitted by this CUP. The business owner is responsible to compile and retain this information, to provide this information to the Town upon request and this information shall be included in the report prepared for the initial 6-month review and annual CUP review by the Council outlined in Condition VI.
VII.A.viii. A parking lot lighting plan that identifies two new 10-foot-tall pole mounted lights within the expanded parking lot area between the parking spaces in the middle aisle, which are shielded and downward facing that include lights not to exceed 2700K as depicted on Sheet A4 in the plans included as Attachment V.27 of the December 10, 2024, Town Council staff report. The parking lot lighting plan may include the existing 14-foottall light fixtures to remain, but if the existing parking lot light fixtures are proposed for replacement, they shall match the type and locations described above for the new light fixtures for the expanded parking lot area. (Lighting)
ix. A fence plan that includes:
1. A 6-foot-tall fence Corten wire mesh fence along the east and north sides of the expanded parking lot area behind the gabion retaining wall as depicted on Sheet A3.1 included as Attachment V.29 of the December 10, 2024, Town Council staff report.
2. A 4-foot-tall solid wood fence immediately adjacent to and for the entire length of the west side of the expanded parking lot area, designed using Detail F shown on Sheet A3.1 of V.27 of the December 10, 2024, Town Council staff report. (Fencing)
x. A landscape plan that includes the installation of planting on the west side of the 4- foot-tall fence installed on the west side of the expanded parking lot area, including a combination of evergreen trees and shrubs compatible with a stream corridor and adjacent equestrian trail use to be approved by the Town and that will be subject to Condition of Approval I.P. (Landscaping)
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Brown, Wall, and Mayor Dombkowski
NOES: Councilmembers Aburish and Goeld
Councilmember Wall moved to introduce the Ordinance amending the Zoning Map.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski NOES: None
There was a break from 10:35 p.m. - 10:38 p.m.
B. Introduction of an Ordinance to Amend Municipal Code Chapter 153 (Zoning) implementing Housing Element Programs H1.3.a (allowing additional ADUs on larger properties), H1.3.b (remove barriers to construction of ADUs and JADUs), and H4.3.a (update the definition of Emergency Shelters pursuant to State Government Code Section (65583(a)(4)).
Ordinance No. 2025 - 644
Town Council Meeting Minutes December 10, 2024 Page 7
Mr. Schaan presented the staff report.
Council questions and comments included: was there any thought to expanding the Code beyond the twoacre size; what is the allowed maximum number of detached ADUs; clarification on how pre-fabricated ADUs will be presented on the Town’s website.
In response to Council’s questions, Mr. Schaan stated: the Town could allow more ADUs on larger lots; there are very specific requirements in the Housing Element to be completed by the end of the year, so those are being taken care of now; staff is continually analyzing ADU standards for all types of issues; the maximum number of allowed detached ADUs is two; there will be many caveats on the website; the Town is not endorsing vendors in any way; they are not necessarily “pre-fabricated”, but the design is “preapproved”; those designs may be more difficult to fit onto hillside lots.
The Public Comment Period opened at 10:49 p.m.
David Mittelman, Grandview Drive, expressed support.
Steve Lubin, Palm Circle Road, expressed support for ADUs, and cautioned against increasing density in the Western Hills area.
The Public Comment Period closed at 10:54 p.m.
Council’s comments included: support for the changes; direction to staff in the future to include larger lot sizes.
In response to a public comment encouraging the Town to not specify a particular manufacturer on the website, Mr. Schaan stated: manufactured housing has always been and must be allowed by State law; they also undergo the same review processes; jurisdictions must allow a process for “vendors” (e.g., architects, designers) who want to get preapproved.
Councilmember Wall moved to introduce the Ordinance with adjustments proposed by the Planning Commission and removing the requirement for one ADU to be attached.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Aburish, Brown, Goeld, Wall, and Mayor Dombkowski NOES: None
REPORTS
C. Mayor and Councilmember Communications.
Councilmember Brown stated that on January 16, 2025, from 3:00 p.m. to 5:00 p.m., there will be a workshop for seniors on how to avoid falling.
Mr. Bryant stated there will be a special closed session on Friday at 3:15 p.m. to meet with the executive recruiter for the next Town Manager.
D. Volunteer Committee Updates.
There were none.
COMMUNICATIONS
Steve Lubin, Palm Circle Road, asked for an update of the Town Center Request for Proposal (RFP).
Mr. Bryant stated that the RFP has been widely distributed and have received four inquires with two firms indicating they will submit proposals.
Town Council Meeting Minutes December 10, 2024 Page 8
ADJOURNMENT
Mayor Dombkowski adjourned the meeting at 11:07 p.m. ________________________________ Deputy Town Clerk of the Town of Woodside APPROVED: ________________________________ Mayor of the Town of Woodside