February 18th, 2026 meeting of the Town
of Woodside Planning Commission. We'll
start with the pledge of allegiance.
Roll call, please.
>> Chair Weaver,
>> present.
>> Commissioner Appfell,
>> present.
>> Commissioner Gonerko,
>> here.
>> Commissioner Tober,
>> present.
>> Vice Chair Gar is noted absent.
>> Are there any changes to the agenda as
published?
>> There are no changes to the agenda.
However, you do have two desk items. Um
they are both for item number uh two on
the agenda 133 Marva Oaks. Um one is
just a letter of support for the project
that was included in the staff report
packet as well as um some recommended
condition changes from staff and um
assistant planner uh KGO will address
that during his presentation.
So noted,
we'll move on to our public comment
period. This is a chance for members of
the public to address the planning
commission on items of interest to the
town of Woodside and the planning
commission, but which are not on
tonight's agenda. Uh such public
comments cannot be acted upon tonight or
discussed at length but may be referred
to staff or agendaized at a future
meeting. Um such public comments are
limited to five persons max at 3 minutes
each. So is there anyone here tonight on
Zoom or live that wants to speak on a
topic not on tonight's agenda?
Oh, if you're interested in speaking,
please come up to the microphone. If you
grab the red lever, you can adjust the
microphone up and down.
>> Sorry.
» Like you can move the whole
>> Can you hear me?
>> I know. Oh, here we go. Sorry.
>> All good.
>> How's that? If it's good for you,
>> it's good. Sorry, I'm not very good with
speaking in front of a lot of people.
I'm going to actually read um Sorry, need my glasses.
Um
to the chair, the vice chair online and
the members of the planning commission.
Good evening. My name is Terra Pachuan
and I reside at 164 Baret Road. Um,
thank you for volunteering your time and
service to our town. My family and I
truly appreciate it. Um, your your
dedication to the community.
I'm reading my comment to remain concise
and precise. So, please bear with my
reading. I respectfully request that my
statement be recorded verbatim in the
meeting minutes. I will also provide
this written copy to Julie um the town
clerk for the record. I'm here to raise
concerns regarding the proposed new
resident at 156 Bardet Road, my next
door neighbor
as the immediate adjacent property
owner. um directly affected by the
design and the sitting of the project.
The conceptual plan that was submitted
um and went on the review board on
November 17
uh last last year reflects unresolved
setback compliant issues including
approximately 10 uh foot encroachment
into the required setback along our
share property line. In addition, the
proposal does not meet cutback
requirements on the other three sides,
especially the front
due to the height of the new proposed
structure. The project also proposed
two tier retaining walls approximately
in combination 8.5 ft tall
along the frontage of Bed Road in order
to create a raised building path for the
new resident. So it's all can be in one
level ground.
Um while these objective code compliant
matters remain unresolved, the project
has advanced to formal design. I
submitted an appeal of that advancement
respectfully requesting the applicant
first revise the plan to comply with the
applicable setback requirements and
other objective standard provisions of
the uh municipal code and adjust the
story poles accordingly. So the
neighbors may meaningfully review a code
compliant design before the project
proceeds further and it has been not
unanswered.
In fact, my appeal was rejected.
I'm providing the commission with I'm
going to provide you guys with a copy of
my appeal. Um, I respectfully request
that this objective compliant issue be
addressed and resolved prior to any
advancement of the project to formal
design review.
>> Thank you very much for your comments.
Um,
at this point I might ask Sage to step
in and address some of the
administrative issues. um um one of
which is being at what stage is this
particular project at?
>> So the project uh has was submitted for
conceptual design review and so that's
the beginning part of the design review
process. um that went to the ASRB as the
speaker mentioned um at that time the
ASRB did not have significant concerns
with the general design of the project
and forward it to formal design review
and what the speaker has mentioned is
that um there are some areas where there
need to be corrections regarding
setbacks. Um they're not significant
issues. It's quite common at the
conceptual stage where everything is not
100% buttoned up. Um that's always been
the intent of the concept review. Uh we
actually don't even require a lot of
information that would um uh be a allow
us to verify 100% zoning compliance. Um
so with this project as it progresses
through the design review um process uh
they will have to be 100% zoning
compliant uh when they submit their
formal design review materials. if for
some reason they're making changes that
would provide significant design
changes, they would have to go back to
the ASRB for further review. Um, we have
met with the applicant. Um, there's a
couple they're going to do a minor shift
in where the building location, kind of
turn it a little bit. They're doing some
minor adjustments to the roof line and
it looks like they'll be able to um they
understand the issues that they have to
meet in terms of heights and setbacks.
uh and they will have to address those
items. Um given that the conceptual
design review is just the beginning part
of the design review process, that
process isn't complete yet. Um so no
action to approve or deny the project at
the concept stage uh is is done and so
therefore there's no action to appeal.
Um so the speaker was notified um that
we couldn't process the appeal and we
note the concerns that are expressed. Um
we have also offered to we will continue
to make sure that she's contacted um
when the formal design review materials
are submitted. Um she can come down and
meet with us. We can go through those
materials in details. Um and any action
that's taken uh to complete the design
review process to approve or deny the
design um could be appealed at that
time. And so um it's been uh she met
with myself, town manager, um town
manager, town attorney, myself, we've
met several different times. Um it's
clearly consistent town practice. We've
never had an appeal um processed for
conceptual design review. So at this
particular stage, the design review
process is still ongoing and once we get
those detailed materials, they will have
to be 100% zoning compliant. Otherwise,
they can apply for an exception or
variance which would become before the
planning commission. Um, and speaking
with the applicant, they have no
intention to request any type of
exception that requires planning
commission review. Um, so they should
address these things as they've prevent
presented to us in a draft form um just
at a meeting. So, we don't have those
copies, but um the there will be more
opportunity to comment um and and
provide any uh recourse on whatever
decision is made at that time.
>> Thank you very much, Sage. Ma'am, we
hear your concerns. Um is there anyone
else here tonight that wants to speak on
an item not on tonight's agenda, either
live or on Zoom?
>> For those online, please use the raise
hand feature if you'd like to make a
comment.
There are no raise hands online.
>> If not, may I have just one more minute,
please?
>> Um, no, we need to move on to the agenda
items. Um, uh, for the people that came
here for the items that are on the
agenda.
>> Well, I I just have one question, right?
Is that
>> one question?
>> Yeah. Um so because of 10 feet
encroachment is not minor and because of
that why does it get advancement to
formal design review to me now
>> the town has not granted anything to the
applicant for that property so there's
nothing to appeal I think that's the key
issue right
>> that's it and and the issue isn't a
10-ft difference it's it's when you have
to apply this 10-ft difference and what
the applicant is doing is lowering the
height so they don't have that issue and
they're slightly uh adjusting it. So
they will have to be 100% zoning
compliant and those design those will be
presented once we get those materials
>> and it's sort of in their interest to
draw up their plans that they'll invest
a lot of money in.
>> In your ASRB agenda, it say that any
decision made can be appealed.
>> Well, I I'll pass this along. That's all
I wanted to do. Thank you for your time.
It can be appealed at an appropriate
time. Ma'am, so um
were there any other public commenters
online?
>> No, there are no raised hands online.
>> Okay, given that we will close the
public comment period and move on to the
consent calendar.
and the consent calendar. Um, the one
item on there is approval of the minutes
from our January 14th meeting.
Is there anyone here, staff or
commission members, that would like to
make a revision, elaboration, or changes
to the minutes as provided in the uh
meeting packet.
The chair would entertain a motion to
approve the minutes.
>> So moved.
Second, please
second the motion.
>> Chair Weaver.
>> Yes.
>> Commissioner Appfell.
>> Yes.
>> Commissioner Gonco.
>> Yes.
>> Commissioner Tober.
>> Yes.
>> Okay. We will move on to the main item
of the evening, which is
a discussion on a property at 133 Marva
Oaks Drive, which involves the granting
of a variance for a swimming pool
in uh in a setback. And I believe that
KGO is presenting the staff report. And
I will we will listen to you, Ko.
Hello and thank you. I will be
introducing the project at 133 Morbida
Oaks Drive for planning commission
review. For this planning commission
review, the applicant requests approval
of a variance to the setback
requirements for the construction of a
new swimming pool that would encroach
into the required setback side setback.
This application is categorically exempt
under the California Environmental
Quality Act uh SQA guidelines 153003
section E uh which is new construction
of small structures including swimming
pools. And so uh the planning director
mentioned earlier uh there are two desk
items for tonight's hearing uh both
pertaining to this project. Uh one is
from an adjacent neighbor uh reiterating
his support for the project and is uh
attachment uh number six is the first
letter uh that that adjacent neighbor uh
originally sent um dated December 18th,
2025
uh expressing support uh for this
variance request. And the other desk
item tonight is amended language for the
resolution in particular condition one
uh F.
And this relates to the uh existing hot
tub, sauna, and deck area that is shown
near the near the um uh center portion
of the site. And uh just to give a brief
background, um since the completion of
the main residence, no recent permits
appear to have been issued for those
site improvements. Um originally the
staff has recommended for uh removal of
these unpermitted items. Uh however um
with this amended language, should the
homeowner decide to pursue the process
of getting these items permitted, um
town staff will be able to work with the
homeowner/applicant at that stage.
So this is uh the aerial photograph of
133 Marbor Oaks. The subject site is
approximately 3.73 acres and is in the
RR zoning district. And so the basic
setbacks for this lot is 50 ft for all
sides. Uh the lot has roughly six sides
and extends significantly to the west
and north towards the Rayundo roadway on
the northern side. The overall site is
relatively flat on the southwestern
portion with a steep decline from the
southern to the northern side. Uh the
site contains an existing two-story
single family residence with an attached
garage and existing hardscape that are
located on a relatively flat
southwestern portion of the site. And
the project site also includes easements
uh for public utilities along the
western and northern sides.
It's a topographic survey for the
project site.
So the survey itself identifies areas of
the site that contain slopes in excess
of 35%
mostly along the southern portion. Uh
the side municipal code section 153 uh
section subsection 415 does not allow
for development on natural ground slopes
that exceed 35%. Uh however, development
will be allowed in man-made slopes in
excess of 35% uh so long as prior to the
slopes being man-made were also 35% or
less. And so the applicant also
submitted uh a geotechnical report uh
certified by civil engineer indicating
that the areas to be developed for the
proposed pool uh were on slopes um that
were man-made uh and prior to being
man-made were of 35% or less.
And this is the extent of the proposed
uh location of the uh pool uh to be
encroached into the side setback.
And uh to give you a bit bit of a
reference, uh there are existing uh
permits um under separate review and
under a separate permit uh particularly
the ADU and the uh the lawn and the
surrounding deck area around the pool.
And so
uh the pool
The applicant is requesting approval of
a variance um as mentioned earlier to
locate a new swimming pool within the
side setback and at its closest point
from the property line it would be 14.83
ft from the side property line.
This is the uh proposed elevation
section of the pool.
The applicant has also provided uh
renderings of the pool.
And to your left are the uh the actual
physical materials of the pool as well
as a reference materials list for uh
other items uh that are also uh under
separate uh review uh such as the ADU
and for the decks. And so for the pool
uh they are um proposing uh wooden deck
tiles for the exterior and pool coping
uh with this uh darker shade color as
you can see on the bottom right of this
materials board.
And so findings have been provided by
the applicant. Uh the applicant is
requesting a setback variance uh for
with the following reasons uh listed
below. And to quickly summarize, the
applicant has stated that the design
proposal and variance request is
consistent with the zoning ordinance and
that it avoids development in areas of
the site that might result in erosion,
earth movement and degradation of water
quality. Thereby preserving the natural
and scenic character of the town by
retaining most of the property in its
natural state. Also that the strict
application application of the
provisions of the zoning ordinance would
result in uh requesting for a variance
to develop in areas of the property that
are heavily wooded and steep uh
requiring significant retaining walls
fill and tree destruction. therefore
creating a greater environmental impact
and also that the swimming pool would
not be visible from the road and the
proposed ADU under a separate permit
would act as a visual and noise barrier
and the tree screening that exists uh
between the two properties would obscure
much of the view um of the pool from the
adjacent property.
And so town staff has also uh prepared
findings as well uh citing um elements
from the Woodside general plan. Uh goal
in particular goals open space 1.1
uh conservation uh goal 1.1 and land use
1.2 two which are regulating land use
and development to conserve open space
uh limiting the intensity of development
on steep hillsides and uh protecting
lives and property.
So that concludes my presentation. Staff
is happy to answer any questions. Um the
applicant has also uh directed story
polls at least 10 days before the
hearing date and the applicant is also
here in attendance to answer any
questions. Thank you.
Alex, you got any questions for Keo?
Richard?
>> None for me.
>> Uh, neither do I. Um,
at that point, if the applicant wants to
make a presentation, you are welcome to
do so, although it is not required.
I promise to keep it short and sweet.
Um, unfortunately the applicant would
have loved to been here to uh go over
the project with you. He's off on a on a
ski vacation in Colorado and regrets
being here and but uh he's what he's
looking for is he's trying to create a
environment for his kids and his family
for outdoor use of the space. The site,
as you've gotten the explanation from
KGO, is very constrained. Um, and there
really isn't much areas where you can
keep a swimming pool close to the house
and and also be part of the, you know,
the family environment. So, when we
started designing all this, we we you
know, we added in a there was an ADU
that was part of the part of the program
as well as a swimming pool. And because
of the grade differential, there's a
there's an area underneath the house
that allows for uh pool
functions and, you know, pool house type
stuff. Um
the neighbors have all looked at it and
have approved. In fact, John's here. Um
and uh he's the adjacent neighbor and
you know, everybody's everybody likes
the idea that we can tell. So, um, it's
a very constrained site and we, you
know, I think the findings are pretty
clear in terms of what, uh, how it meets
the requirements of the town of
Woodside.
There any questions? I We have, we have
some more pictures, but it's basically
the same as already what Keo showed. So,
any questions?
>> Do any commissioners have questions for
the applicant?
>> I have a couple. Um, thank you very
much. I I was able to get site today, so
I appreciate that I had a chance to look
at it. Um, can you just um help me
understand what what is down below in
that large swale? Is that is that the
sites owner's property or is that
>> Yes.
>> What does it what does it go up against?
I'm just curious. I couldn't even tell.
>> There's a swale. There's a there's a
eerial stream that runs through that.
So, you can see the kind of white
section between the two.
>> Um, so it's it's a it's really a big
valley. Um, and you can see all of the
all the 35% slopes
above and some of the stuff on the right
hand side of that are man-made
report,
>> but that goes down. And what does that
abut against? What's on the
>> There's another There's another house
that there's other houses to the to the
both above, below, and to the sides.
>> Okay. I I couldn't even see the house
below. That's why I was asking. Sorry, I
wasn't trying to trip you up.
>> Yeah. So, so that gives you a period of,
you know, of what's of what's out there.
>> Got it. Got it. Okay. Thanks for
clarifying. And then my only other
question, forgive me if this is seems
presumptuous or or maybe aggressive, but
I'm just curious, why why are why why
are you not doing this as part of the AD
why are they separate? Why is the ADUP
separate from the pool? Was there any
thought about doing it as one cohesive?
>> Because we want to be able to start
construction on the on the ADU this this
spring.
>> Okay. Okay. And there is and there's
work there that needs to get done. And
the variance process, you know, is going
to take a little bit of time plus, you
know, getting that stuff done. So, our
hope here is to get this through the this variance process and
then get it in for construction.
>> Understood. Thanks for clarifying. I
have no other questions.
>> Richard, got any question?
Alex?
>> Okay. Um,
>> thank you. If you got any other
questions, let me know.
>> I do not have any questions.
>> Okay.
>> In that case,
we will open the public comment period
on this variance hearing. So, if there
are any members of the public that wish
to address the planning commission
regarding this uh uh potential variance,
please come up to the mic or if you're
on Zoom, raise your hand and speak up
now.
John, I know that you know how to move
the microphone up and down the
>> Been here before.
>> You've been here before.
» I'm John Hughes. I own the property to
the uh north and west of the subject
property. And uh I uh we first bought
the land there in 2006. We built uh our
home from 2006 to 2008.
And um uh and as we were building our
home, I personally I I like trees. So I
personally made sure that we had a whole
line of trees
uh planted 17 years ago uh all along our
uh um uh uh border with 133. We're in
117.
133 is immediately to the south uh west
of us. Uh why did I do that? And is
because the previous uh one of the the
owner when we moved in uh was uh a uh
older gentleman. He had a junkyard in
his backyard. It was awful. He had three
awful uh um uh trailers. of what uh uh
the people lived in and that there was a
constant I don't know you pick up people
at one of the local bars, bring them
they lived there. Oh, it was really
awful. And I just the only thing we
could do is uh patch the fence. So, make
sure the fence was and then uh plant all
these trees. Well, 17 years later, these
trees have done what we wanted them to
do and the property is now under uh
competent ownership and we love it. That
is just the way we want it. We can't see
anything that's going on in that
property from the upper deck of our
house, which is generally where our uh
living room and kitchen is. It's it's
quite a bit above the so even when we
look down on it we can't see. And uh
immediately on our side of the fence is
uh one of our vineyards. We have two
vineyards, one in the north and one in
the south. This is a south vineyard.
There is nobody near this uh swimming
pool within hundreds of feet who is who
would ever be uh inconvenienced with it
in a in the current setting. So, we uh
strongly uh request that this uh setback
be approved because at least we have
only good things to say about our
neighbors and about what he's doing.
Second point I'd like to make, I was
astounded to to read in the materials
before coming here about the sauna and
everything that uh was supposedly
unpermitted. What I want to say is we
never knew about it. We it was all
blocked. It's so it even the the the
sauna on that property is certainly from
our perspective not any kind of
impediment to the view to anything. We
can't see it. So uh again we uh from our
perspective we'd uh hope that uh this is
resolved uh uh both the towns and the
applicants uh uh um uh mutual uh
interests. So thank you very much for
your attention. Is there any question?
Anybody have any question for me? I'd be
glad to I have a quite a history with
this house next door. Uh, so I've we've
watched it for a long time.
>> Does anyone have any questions for John
since he is the neighbor who's
on the property
um affected by the setback?
>> Okay.
>> No questions.
>> Okay.
Thank you.
>> Thank you, John.
>> Is there anyone else here live in the
room that wants to speak?
Failing that. Is there anyone on Zoom
that wants to speak?
>> No, we have no raised hands online.
If no one else in the room wants to
speak, I will close the public comment
period and we can move on to
commissioner deliberation on this topic.
Who wants to start?
>> You're looking at me. Um well I'm
persuaded by all all of the applicants
uh findings uh specifically finding
number two that rejecting this variance
would force them down into an
environmental
hit I'll call it down at the bottom of
that swale. This is clearly the best
location for it. Um, I'm also quite
pleased that the really the only
neighbor affected not only wrote a
letter but came tonight and spoke very
eloquently about their support or his
support of the project. So, I'm fully
supportive. I see no issues.
» Use the microphone, Alex.
» There you go. Sage, I have a quick
question. You have a desk item here when
we arrived and and under the original
packet,
it addressed the unpermitted Anna and
hot tub. And I think on the desk item
that was here when I arrived, there's an
alternative.
And the alternative is to pass this and
require the applicant to get the sauna
and the hot tub permitted by the time
this swimming pool is finally approved.
Is that correct?
>> That's correct. So, yes, it's it's just
really clarifying the different options
that the applicant has. They can either
remove the work or they can pursue
obtaining permits. From a planning
perspective, location, paved area,
things of that nature. It's unlikely
there will be any significant issues
from a planning perspective. We'll look
at those details closer when the uh when
if a permit submitted. And then they'll
also work with the building department
to make sure they comply with all those
uh requirements for a permit. So, um the
desk item that you have is simply
clarifying the two different options
that the applicant can pursue. And yes,
they would do that um kind of uh uh
>> parallel with with the swimming pool
project.
>> So, so I'm I'm persuaded. I mean, for
the reasons that Matt mentioned, you
know, this I've been to this site, it is
severely constrained with slopes.
the variance, you know, as a neighbor
spoke, I mean, it's it's not an
intrusion on the neighbor's property,
but I just want to make sure that of the
two options that we have, I am for the
option of having this run in parallel,
that is not delay this, but require the
applicant to get the get the unpermitted
structures permitted and hopefully it
all by the time the final approval
happens, it all happens at the same
time. So that's that's the flavor of the
motion that I am inclined to support.
>> So you were in favor of the revised
>> I was
>> resolution as written or did you want
tweaks to that?
>> No, as written.
>> Okay. Okay.
>> In the desk in desk item number two.
>> Okay.
Richard,
» I don't have anything to add either
other than to echo what's been said
before that this is a good example of
neighbors cooperating.
And I think that the Burmans are very
lucky to have Mr. Hughes as a neighbor
and and the fact he has no problem with
this. Um, so it's always good policy to
get along with your neighbors. So
unless any other commissioner has a
comment to make, I would the chair would
entertain motions on this.
» Go ahead.
>> It is.
So it is the So um the commissioner is
asking for which flavor is it and it's
the flavor that says alternatively the
owner may pursue permit approval of the
unpermitted development if the
development complies with all permit
requirements from all applicable
agencies and obtains permit issuance
prior to the start of construction of
the swimming pool. And then it says, if
the owner pursues permit approval of the
unpermitted items listed in condition
one, if those permits shall pass final
inspection before or at the same time as
the permits for the swimming pool. If
the owner proposes to remove the
unpermitted items, the unpermitted items
shall be removed prior to the passing of
final inspection for the swimming pool.
So that would allow both projects that
would allow the pool to start.
>> That's correct. They could uh pursue the
permits for the pool in parallel with
the other permits or even ahead of the
other permits. Um I've I've spoken with
the applicant and um looking they they
just wanted to make sure it didn't hold
up their building permit for the pool.
Uh so the way it's written um it's all
fine and agreeable and they can uh
pursue that prior to the construction of
the pool.
Perfect. I mean, I I'll make a motion on
the 133 Marv Oaks Drive with regards to
the variance request.
I move that we approve the motion with
uh um with the conditions that I just
read
found in desk item number two.
>> Second.
>> Chair Weaver.
>> Yes.
>> Commissioner Abfel,
>> yes.
>> Commissioner Gonarco,
>> yes. Commissioner Tober.
>> Yes. All right. Takes care of this item.
Sage, what else do you have for us
tonight?
>> Um, just a couple brief reports. We we
have the the January director's report.
Um, just notable, you know, kind of the
new thing we've kind of focused on with
these is that looking at housing
numbers. Uh unfortunately in January
there were no permits issued um for ADUs
or single family dwellings. Um but I I
did take a peek into February just to
give a little um better news uh that
within within the first 10 days of
February already three permits have been
issued um for new units. Um I think one
house and two ADUs. And so, uh, you
know, different months yield different
numbers and hopefully we stay on track,
uh, for our goals of at least 15 ADUs
per year, but, um, hopefully per our
last few years, over 20 would be great.
Um, and then that's it for that stuff,
but I do just want to thank Commissioner
Abfell. Um, this is his last meeting. um
uh he's served on the ASRB as well as
the planning commission for a number of
years. Been a
great contribution to the community. So,
just want to say thank you very much for
serving. Um it's it's been great to work
with you.
>> Thank Thank you, Sage and team. I really
appreciate it.
>> It has been a pleasure to work with you,
Matt.
>> I would just encourage the thousands of
people in the room and the millions of
people watching at home to get involved
with public service. It's actually
really great in this town.
Thank you.
» All right. There being nothing else on
the agenda, we will close this meeting.
Thank you very much, everybody.