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So, we'll call the town council meeting

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of May 12th, 2026 to order at 70:02.

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Jennifer, will you take role?

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>> Coun Council member Aberish

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>> here.

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>> Council member Brown

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>> here.

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>> Council member Gold. Council member Wall

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>> here. Mayor Donowski

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>> here. Council member Aberish, will you

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lead us in the pledge of allegiance?

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under God, indivisible, liberty and

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justice for all.

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» Thank you, Assan. Appreciate it.

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>> And with that, we're going to open up

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public comment. So, persons wishing to

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address the council on non-aggendaized

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items are invited to do so now. Please

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note, however, the council cannot

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undertake any items that are not on the

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agenda. Uh we can refer those to staff

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for a future action. Uh this

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communication period is limited to five

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persons, three minutes each. Any

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additional persons wishing to be heard

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will be heard at the end of regular

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business. And because we have a full

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house tonight and a big agenda, we are

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going to hold it to those five people at

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three minutes each. Are there is there

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anybody here that would like to make a

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comment on a non-aggendaized item?

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Come on up.

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Great.

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» I really need help from our town

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council. We are having a terrible

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problem with tick tockers

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coming on dirt bikes on Woodside Road

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all the way up Kings Mountain. They're

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parking everywhere, all over the roads.

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There are no restrooms. So, you know

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what's going on on the side of the

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roads? They're riding through the woods.

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They're destroying

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the the entire environment and scurrying

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all the wildlife down into the flats

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down here. I've lived in Skyline for 30

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years. I've never seen this kind of

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destruction. I need help. Please.

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>> Thank you, Bri.

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Jean and Melissa, we both sort of

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connected, but we didn't reconnect on

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this. Is there anything that we would we

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can add to uh where we are in terms of

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figuring out those trails?

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>> Yes, we looked at the photographs that

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uh Brie sent in and the portion where

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the vehicles are parked are actually um

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county and so Lewis, I think you might

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have a little bit to add to that.

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>> And that's correct. Um we looked at the

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map and it looks like um the section on

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uh Kings Mountain Row is part of the

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county's jurisdiction. um staff will

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reach out to the county and we'll work

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with work work with them on perhaps

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installing some no parking signs along

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that stretch

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» with me.

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>> Okay. Okay, we got you. Um All right.

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Any other comments? Public comments on

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non-aggendaized items?

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» Seeing none, we'll close public comment.

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And we have two presentations this

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evening. The first is on a historic

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preservation award. Welcome.

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» Hello. I'm Melanie Olsen, associate

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planner with the town of Woodside as

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well as the staff lays on to the

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Woodside history committee, the

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wonderful gals over here. And so

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anyways, just kind of wanted to give a

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few updates on the committee's been up

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to um as well as kind of uh this month

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is or with the National uh Trust for

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Historic Preservation, they proclaim May

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as history month. So

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>> at the end, I'd like to read the

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proclamation to proclaim the history

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month for the town if that's okay. So

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>> that's great. So yeah, so the Woodside

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history committee uh they've been

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encouraging uh exploring the town's

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history by participating and promoting

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uh

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community mus museum walking tours uh

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with Sonteo County History Association.

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They've been doing it for several years.

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They also have a brochure for

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self-guided tours. Uh they participated

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in the Mayday parade. um they currently

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are working on a uh Woodside Fire

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Protection District Museum exhibit in

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the museum. So hopefully um people in

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this room will be interested in checking

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that out uh this summer. Um we'll have

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more details to follow. And then tonight

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earlier we had the Woodside Preservation

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Awards. The museum hosted the open

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house, gave out two awards uh this year.

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Uh first to the Laquesta Winery. Uh the

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recipients were Susan McBain and Jay

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Patterson. Uh EMTT Ricksford was a San

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Francisco attorney. Uh the winery was

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established in 1883.

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It had 7,000 vines imported from France.

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In 1902, they hired a stones mason to

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build the winery using the stones that

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were found on the property. Um and then

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it was later converted into a private

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residence. Uh so uh the McBaines have

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restored that. And then the second

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recipient was the telephone exchange by

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uh owned by Sue Pleti and Pat Delgavio

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who we know well. Uh it's a Spanish

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style building housed a telephone

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exchange which was operated by the

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Pacific Telephone and Telegraph Company

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in 1928.

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Um, and then also for everyone else in

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the room there, uh, we have three

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community museums in town. Uh, one right

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across the way that's open on the first

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and third Saturday, 1 to 3. Admission is

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free. Uh, we have the Woodside Store

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Museum open on Tuesdays and Thursdays as

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well as the weekend, also free. And then

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lastly, the Fulier Estate Stable Museum,

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um, which is also free on the weekends.

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And then uh the community or the history

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committee wanted to say how happy they

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are uh that the Brisbane Elementary

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bought the property um next door. So

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we're looking forward to what they're

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going to do with that next.

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Um so now I'm going to read the pro

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proclamation uh uh making this month

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history month for the town of Woodside.

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Uh whereas historic preservation is an

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effective tool for managing sustainable

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development, revitalizing neighborhoods,

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fostering local pride, and maintaining

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comm community character while enhancing

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livability. And whereas the historic

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preservation is relevant for communities

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across the nation, both urban and rural,

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and for Americans of all ages, all walks

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of life, and all ethnic backgrounds. and

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where it is important to celebrate the

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role of history in our lives and the

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contributions made by dedicated

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individuals in helping to preserve the

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tangible aspects of the heritage that

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has shaped us all as a people. And

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whereas in alignment with the ongoing

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theme established by the National Trust,

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all people are created equal is the

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theme of Woodside's preservation month

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this year. And lastly, whereas the Town

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of Woodside History Committee has

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planned events and activities to

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celebrate this month through the

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promotion of Woodside Town Center

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Walking Tour for museum visitors to

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explore the Woodside Commercial District

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and its buildings in addition to the

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annual preservation awards program. It

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is in support of general plan policies

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to promote historic preservation and

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awareness of local history and its

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historic resources. Thank you so much.

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Thank you, Melanie. Thank you, history

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committee.

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>> Well, I think Dalia wants to say

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something else.

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>> I know you're acknowledging the crew

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later, but I I just want to add our

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thanks for um Eddie and Ignasio and his

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crew because they've been very helpful

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and responsive when we need help help at

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the museum. So, um we we thank them. We

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thank you. So,

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>> great. Thank you.

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Uh, and we also have National Public

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Works Week and we have a proclamation.

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Lewis, should I just go? I just take it.

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Is there anything you would like to say?

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>> Go ahead.

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>> Okay. Well, I'll just uh obviously uh uh

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you know, first off, you guys are all

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our unsung heroes from all the

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day-to-day to keeping us where we need

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to be in the floods and the storms.

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Thank you very much.

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And we have this proclamation to

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recognize National Public Works Week,

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which is this week. So whereas public

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works professionals focus on

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infrastructure, facilities, and services

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that are of vital importance to

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sustainable and resilient communities,

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and to public health, high quality of

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life, and well-being of the people of

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Woodside. And whereas these

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infrastructure facilities and services

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could not be provided without the

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dedicated efforts of public works

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professionals who are engineers,

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managers and employees at all level of

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government and the private sector who

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are responsible for rebuilding,

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improving and protecting our nation's

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transportation, water supply, water

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treatment and solid waste systems,

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public buildings and other structures

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and facilities essential for our

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citizens.

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And whereas it is in the public interest

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for the citizens, civic leaders, and

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children in the town of Woodside to gain

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knowledge of and maintain an ongoing

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interest and understanding of the

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importance of public works and public

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works programs in their respective

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communities. And whereas the year 2026

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marks the 66th year of National Public

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Works Week sponsored by the American

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Public Works Association. Now therefore,

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be it proclaimed on this 12th day of

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May, 2026 that I, Brian Dowski, mayor of

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the town of Woodside, do hereby

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designate the week of May 17 through

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23rd 23 as National Public's Work Week.

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I urge all citizens to join

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representatives of the American Public

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Works Association and government

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agencies in activities, events, and

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ceremonies designed to pay tribute to

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our public works professionals,

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engineers, managers, and employees, and

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to recognize the substantial

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contributions they make to protecting

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our national health, safety, and

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advancing the quality of life for all.

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Thank you. We really, really appreciate

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everything that you do for us.

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And mayor, if I may, um I would like to

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um I have our public works staff here

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today with me in the audience. I would

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like for them to stand to receive this

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um honor and recognition. And also, if I

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may, um also point out that last Friday,

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uh our maintenance supervisor, Ignasio

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Hernandez, received an award, operation

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of maintenance person of the year award

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from the APWA organization. So, I have a

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plaque here today and we're going to

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present this to him tomorrow. So,

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congratulations to the team. We're

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really proud of them and of their

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service to the town. And um thank you

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for your continued support.

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>> Thank you.

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00:11:26,160 --> 00:11:29,760
» Okay. Uh moving right along uh to the

275
00:11:29,760 --> 00:11:31,760
consent agenda. So, all items on the

276
00:11:31,760 --> 00:11:33,519
consent calendar are considered to be

277
00:11:33,519 --> 00:11:35,200
routine and will be approved by one roll

278
00:11:35,200 --> 00:11:37,440
call motion unless a request is made for

279
00:11:37,440 --> 00:11:39,200
an item to be withdrawn or transferred

280
00:11:39,200 --> 00:11:40,880
to the regular agenda. Are there any

281
00:11:40,880 --> 00:11:43,040
items that any council member would like

282
00:11:43,040 --> 00:11:47,760
to pull from the consent calendar?

283
00:11:47,760 --> 00:11:49,200
Are there any items any member of the

284
00:11:49,200 --> 00:11:52,079
public would like to see us pull?

285
00:11:52,079 --> 00:11:54,399
Seeing none and hearing none, uh, we

286
00:11:54,399 --> 00:11:56,079
will entertain a motion for the consent

287
00:11:56,079 --> 00:11:56,880
calendar.

288
00:11:56,880 --> 00:11:58,320
>> I'll make a motion that we approve the

289
00:11:58,320 --> 00:11:59,519
consent calendar.

290
00:11:59,519 --> 00:12:01,040
>> Second. Second.

291
00:12:01,040 --> 00:12:02,480
>> Council member Alberish.

292
00:12:02,480 --> 00:12:02,800
>> Yes.

293
00:12:02,800 --> 00:12:03,760
>> Council member Brown.

294
00:12:03,760 --> 00:12:04,160
>> Yes.

295
00:12:04,160 --> 00:12:05,200
>> Council member Gold.

296
00:12:05,200 --> 00:12:05,519
>> Yes.

297
00:12:05,519 --> 00:12:06,800
>> Council member Wall.

298
00:12:06,800 --> 00:12:07,600
>> Yes.

299
00:12:07,600 --> 00:12:09,040
>> Mayor Domowski.

300
00:12:09,040 --> 00:12:11,680
>> Yes. Thank you. All right. Moving on to

301
00:12:11,680 --> 00:12:13,920
new business. Item A, a resolution

302
00:12:13,920 --> 00:12:16,160
approving outofclass compensation for

303
00:12:16,160 --> 00:12:19,360
the acting town manager.

304
00:12:19,360 --> 00:12:20,639
Corey.

305
00:12:20,639 --> 00:12:22,160
>> Hello. Good evening, town council. I'm

306
00:12:22,160 --> 00:12:23,920
Corey Stalker Pedalino, the um

307
00:12:23,920 --> 00:12:26,560
administrative services director. Um,

308
00:12:26,560 --> 00:12:29,200
I'm bringing forward item agenda item A

309
00:12:29,200 --> 00:12:31,360
for new business related to approving

310
00:12:31,360 --> 00:12:33,760
outofclass acting pay for our acting

311
00:12:33,760 --> 00:12:36,800
town manager. So, since February 19th,

312
00:12:36,800 --> 00:12:39,600
2026, the town council placed U. Melissa

313
00:12:39,600 --> 00:12:41,760
Cardinoli, also known as the acting town

314
00:12:41,760 --> 00:12:44,000
manager, into the acting role and

315
00:12:44,000 --> 00:12:45,680
typically within other municipalities,

316
00:12:45,680 --> 00:12:47,600
what is typically offered is either a 5

317
00:12:47,600 --> 00:12:51,200
to 10% out of class or acting pay as in

318
00:12:51,200 --> 00:12:53,600
she's absorbed the responsibilities from

319
00:12:53,600 --> 00:12:55,440
a higher classification. So, she was

320
00:12:55,440 --> 00:12:57,680
currently the assistant town manager.

321
00:12:57,680 --> 00:12:59,600
She is now serving as the acting town

322
00:12:59,600 --> 00:13:01,760
manager. Therefore, it is recommended

323
00:13:01,760 --> 00:13:05,120
that the town council adopt a 10% um

324
00:13:05,120 --> 00:13:07,920
acting pay to her base salary. And we

325
00:13:07,920 --> 00:13:10,160
would like that to be retroactive to

326
00:13:10,160 --> 00:13:12,639
February 19th of 2026. And I'm happy to

327
00:13:12,639 --> 00:13:14,000
answer any questions.

328
00:13:14,000 --> 00:13:18,470
>> Thank you, Corey. Any questions?

329
00:13:18,480 --> 00:13:20,399
All right. Hearing none. Any comments

330
00:13:20,399 --> 00:13:24,160
from the public on this item?

331
00:13:24,160 --> 00:13:25,680
Seeing none

332
00:13:25,680 --> 00:13:26,160
>> comment.

333
00:13:26,160 --> 00:13:26,959
>> Yes, sir.

334
00:13:26,959 --> 00:13:28,639
>> Um, I actually wasn't planning on saying

335
00:13:28,639 --> 00:13:33,200
anything, but as is my habit, I do. Um,

336
00:13:33,200 --> 00:13:35,200
there's been a, you know, obviously some

337
00:13:35,200 --> 00:13:36,959
unplanned things happened on February

338
00:13:36,959 --> 00:13:39,440
17th, and I just wanted to commend

339
00:13:39,440 --> 00:13:43,600
Melissa, uh, who parachuted in. Um, and

340
00:13:43,600 --> 00:13:46,079
there's been comments made that the town

341
00:13:46,079 --> 00:13:47,839
is in chaos and those sorts of things,

342
00:13:47,839 --> 00:13:49,920
and nothing could be further from the

343
00:13:49,920 --> 00:13:52,560
truth. Um, since you took over, we've

344
00:13:52,560 --> 00:13:54,959
presented audited financials here. We've

345
00:13:54,959 --> 00:13:56,800
had the largest events in our in our

346
00:13:56,800 --> 00:13:59,360
history, the Mayday event, the uh fun

347
00:13:59,360 --> 00:14:02,560
run, the Mayday parade. Um, things have

348
00:14:02,560 --> 00:14:03,839
pretty much come off without a hitch.

349
00:14:03,839 --> 00:14:06,240
This may be tonight one of the largest

350
00:14:06,240 --> 00:14:08,399
uh documents we've ever had before us.

351
00:14:08,399 --> 00:14:10,560
And it's not only to the credit of our

352
00:14:10,560 --> 00:14:13,199
acting town manager, but the entire

353
00:14:13,199 --> 00:14:14,880
staff. And I think that they've done a

354
00:14:14,880 --> 00:14:17,839
fantastic job uh in making sure that the

355
00:14:17,839 --> 00:14:20,720
town runs smoothly under likely the most

356
00:14:20,720 --> 00:14:22,720
adverse circumstances this town may have

357
00:14:22,720 --> 00:14:25,199
ever seen. Um and I just wanted to say I

358
00:14:25,199 --> 00:14:26,639
appreciate it and I thank you for it.

359
00:14:26,639 --> 00:14:28,720
Melissa, you've done an unbelievable job

360
00:14:28,720 --> 00:14:30,320
and um I know that this has the

361
00:14:30,320 --> 00:14:31,680
endorsement of everybody on the town

362
00:14:31,680 --> 00:14:34,800
council. So, thank you.

363
00:14:34,800 --> 00:14:36,720
>> Very nice. Thank you. Uh would you like

364
00:14:36,720 --> 00:14:39,040
to make a motion? I would that we um

365
00:14:39,040 --> 00:14:43,120
authorize item A is it on the um uh on

366
00:14:43,120 --> 00:14:45,040
the calendar tonight.

367
00:14:45,040 --> 00:14:46,800
>> Second that.

368
00:14:46,800 --> 00:14:48,160
>> Council member Alberish.

369
00:14:48,160 --> 00:14:48,399
>> Yes.

370
00:14:48,399 --> 00:14:49,360
>> Council member Brown.

371
00:14:49,360 --> 00:14:49,680
>> Yes.

372
00:14:49,680 --> 00:14:50,560
>> Council member Gold.

373
00:14:50,560 --> 00:14:50,800
>> Yes.

374
00:14:50,800 --> 00:14:52,000
>> Council member Wall.

375
00:14:52,000 --> 00:14:52,639
>> Yes.

376
00:14:52,639 --> 00:14:54,480
>> Mayor Donowski.

377
00:14:54,480 --> 00:14:58,000
>> Yes. Okay. How's that for efficiency to

378
00:14:58,000 --> 00:15:01,199
the main event tonight? Um all right. So

379
00:15:01,199 --> 00:15:02,399
obviously tonight we have a public

380
00:15:02,399 --> 00:15:04,320
hearing on the appeal for 10 Still

381
00:15:04,320 --> 00:15:07,519
Creek. This is item B, public hearing.

382
00:15:07,519 --> 00:15:09,360
Uh before we hand things off, we do want

383
00:15:09,360 --> 00:15:10,720
to acknowledge that we understand this

384
00:15:10,720 --> 00:15:12,639
has been a long process, a multi-year

385
00:15:12,639 --> 00:15:15,600
process, and to acknowledge that uh we

386
00:15:15,600 --> 00:15:16,800
know there's a lot of passion in the

387
00:15:16,800 --> 00:15:18,880
room, and all we're simply asking is

388
00:15:18,880 --> 00:15:21,360
that um we be respectful of our

389
00:15:21,360 --> 00:15:23,279
neighbors and one another. Certainly can

390
00:15:23,279 --> 00:15:25,199
show passion, but if we could be as

391
00:15:25,199 --> 00:15:26,800
respectful as possible, that would be

392
00:15:26,800 --> 00:15:28,560
great. So, the way this works is the

393
00:15:28,560 --> 00:15:30,560
staff will make a report. Uh we'll ask

394
00:15:30,560 --> 00:15:32,240
questions of staff, then we'll open the

395
00:15:32,240 --> 00:15:34,240
public hearing. We'll hear from the

396
00:15:34,240 --> 00:15:36,560
appellant. We'll have public comment and

397
00:15:36,560 --> 00:15:38,800
then we will close the public hearing

398
00:15:38,800 --> 00:15:41,839
and um ideally move to deliberations and

399
00:15:41,839 --> 00:15:45,519
so forth. So, um with that, we will turn

400
00:15:45,519 --> 00:15:48,399
it over to staff to make the report and

401
00:15:48,399 --> 00:15:50,240
it looks by microphone. I'm going to you

402
00:15:50,240 --> 00:15:51,040
Sage.

403
00:15:51,040 --> 00:15:52,959
>> Thank you, Mayor. Good evening, council

404
00:15:52,959 --> 00:15:56,000
members. Um so, I'll just give a a real

405
00:15:56,000 --> 00:16:00,639
brief background. uh the the applicant

406
00:16:00,639 --> 00:16:03,600
who is the appellant in this case um

407
00:16:03,600 --> 00:16:05,279
since the beginning has submitted three

408
00:16:05,279 --> 00:16:08,320
projects with variations amongst those

409
00:16:08,320 --> 00:16:10,560
projects. Uh we're looking at the third

410
00:16:10,560 --> 00:16:14,639
project that was reviewed by the ASRB.

411
00:16:14,639 --> 00:16:17,519
Um, and after detailed discussion at the

412
00:16:17,519 --> 00:16:20,639
ASRB meeting, uh, they they make a

413
00:16:20,639 --> 00:16:22,399
recommendation to the town council, I'm

414
00:16:22,399 --> 00:16:24,800
sorry, to the planning commission. And

415
00:16:24,800 --> 00:16:29,040
the ASRB by a 2:1 vote, um, recommended

416
00:16:29,040 --> 00:16:32,079
a denial of the design of the project.

417
00:16:32,079 --> 00:16:35,279
Um, the ASRB does not uh take positions

418
00:16:35,279 --> 00:16:37,680
or make findings on the other

419
00:16:37,680 --> 00:16:40,880
entitlements such as a setback exception

420
00:16:40,880 --> 00:16:43,600
um, and the resident size exception.

421
00:16:43,600 --> 00:16:47,519
Uh so after the ASRB review um they made

422
00:16:47,519 --> 00:16:49,040
their recommendation to the planning

423
00:16:49,040 --> 00:16:50,959
commission. The planning commission

424
00:16:50,959 --> 00:16:53,839
reviewed this project and after a very

425
00:16:53,839 --> 00:16:55,600
detailed discussion a lot of public

426
00:16:55,600 --> 00:16:57,199
comment

427
00:16:57,199 --> 00:17:01,519
the planning commission by a 32 vote um

428
00:17:01,519 --> 00:17:04,640
denied the setback exception by not

429
00:17:04,640 --> 00:17:07,760
being able to make findings one or five

430
00:17:07,760 --> 00:17:10,319
of the setback exception. uh they did

431
00:17:10,319 --> 00:17:12,079
not take action on the formal design

432
00:17:12,079 --> 00:17:15,600
review or resident size exception. Um

433
00:17:15,600 --> 00:17:20,079
with the the vote and not being able to

434
00:17:20,079 --> 00:17:23,120
make those two findings, the setback

435
00:17:23,120 --> 00:17:25,839
exception was denied, therefore denying

436
00:17:25,839 --> 00:17:27,360
the project. You need all of the

437
00:17:27,360 --> 00:17:29,039
entitlements to make the project move

438
00:17:29,039 --> 00:17:33,280
forward. So after that, the um applicant

439
00:17:33,280 --> 00:17:36,640
filed a timely appeal of that decision.

440
00:17:36,640 --> 00:17:39,440
And that brings us to uh the council

441
00:17:39,440 --> 00:17:44,160
meeting tonight. Um this meeting is uh

442
00:17:44,160 --> 00:17:47,440
the appeals are heard denovo. So that

443
00:17:47,440 --> 00:17:50,559
means the uh council can consider all

444
00:17:50,559 --> 00:17:52,720
the information of the record and come

445
00:17:52,720 --> 00:17:55,039
to its own conclusion on the required

446
00:17:55,039 --> 00:17:56,960
entitlements.

447
00:17:56,960 --> 00:17:59,039
The town council will determine if it

448
00:17:59,039 --> 00:18:01,120
can make all of the necessary findings

449
00:18:01,120 --> 00:18:04,160
for approval of the entitlements. Um if

450
00:18:04,160 --> 00:18:06,480
any of the findings cannot be made, the

451
00:18:06,480 --> 00:18:09,440
uh council would state why and would

452
00:18:09,440 --> 00:18:13,360
could deny the project.

453
00:18:13,360 --> 00:18:16,640
Um so I'm just going to briefly go

454
00:18:16,640 --> 00:18:20,000
through um the project overview and you

455
00:18:20,000 --> 00:18:21,360
know there's a lot of information that's

456
00:18:21,360 --> 00:18:25,120
been provided um and if you have any

457
00:18:25,120 --> 00:18:27,760
questions uh you know let me know. But

458
00:18:27,760 --> 00:18:30,240
um I'm just going to do uh quickly run

459
00:18:30,240 --> 00:18:31,760
through the project terms of its

460
00:18:31,760 --> 00:18:48,310
location and elevations.

461
00:18:48,320 --> 00:18:52,400
Okay. So um this is the full site on the

462
00:18:52,400 --> 00:18:56,480
left side. Um it has a net area of a

463
00:18:56,480 --> 00:18:59,280
little over eight acres. Um it is a bit

464
00:18:59,280 --> 00:19:01,600
unique in that it has a private road

465
00:19:01,600 --> 00:19:04,799
bisecting the property. Um and there are

466
00:19:04,799 --> 00:19:06,799
different easements on the property.

467
00:19:06,799 --> 00:19:09,919
Most notably uh conservation easement

468
00:19:09,919 --> 00:19:12,960
that runs through a good portion of the

469
00:19:12,960 --> 00:19:14,799
northern side or the left side of the

470
00:19:14,799 --> 00:19:16,160
property if you're looking at the

471
00:19:16,160 --> 00:19:18,080
screen.

472
00:19:18,080 --> 00:19:21,840
On the right side is a zoomedin area of

473
00:19:21,840 --> 00:19:23,679
where the proposed development would

474
00:19:23,679 --> 00:19:28,000
take place. The applicant is proposing a

475
00:19:28,000 --> 00:19:30,960
uh main residence uh with an attached

476
00:19:30,960 --> 00:19:32,720
garage

477
00:19:32,720 --> 00:19:36,559
area um that has a J AU, a junior ADU on

478
00:19:36,559 --> 00:19:39,120
top of that as well as which also

479
00:19:39,120 --> 00:19:42,240
attaches to uh an accessory dwelling

480
00:19:42,240 --> 00:19:45,440
unit. So, if you see where my cursor is,

481
00:19:45,440 --> 00:19:48,799
this is the proposed um location of the

482
00:19:48,799 --> 00:19:51,440
main part of the main residence. There's

483
00:19:51,440 --> 00:19:53,520
a grove of trees in this area here,

484
00:19:53,520 --> 00:19:56,240
which are represented by the black dots.

485
00:19:56,240 --> 00:19:59,520
And this piece here is an elevated

486
00:19:59,520 --> 00:20:03,039
enclosed bridge or hallway um that

487
00:20:03,039 --> 00:20:05,520
connects from the main piece of the

488
00:20:05,520 --> 00:20:08,720
residence to an area that includes an

489
00:20:08,720 --> 00:20:12,320
elevator um with the JADU on the middle

490
00:20:12,320 --> 00:20:15,360
floor and the garage on the lower level.

491
00:20:15,360 --> 00:20:20,080
Uh then this attaches to a two-le ADU um

492
00:20:20,080 --> 00:20:22,640
just to the north.

493
00:20:22,640 --> 00:20:24,559
The property here is access from Still

494
00:20:24,559 --> 00:20:27,039
Creek Road. In front of the garage is a

495
00:20:27,039 --> 00:20:29,440
proposed driveway uh that would include

496
00:20:29,440 --> 00:20:32,320
additional parking for cars um that are

497
00:20:32,320 --> 00:20:36,000
outside of the garage. Across the street

498
00:20:36,000 --> 00:20:38,480
of Still Creek Road, the applicant is

499
00:20:38,480 --> 00:20:42,159
proposing one ADU um and that also has

500
00:20:42,159 --> 00:20:44,880
its own parking area um that would be

501
00:20:44,880 --> 00:20:47,840
accessed for that ADU.

502
00:20:47,840 --> 00:20:50,559
The setback exception that is required

503
00:20:50,559 --> 00:20:53,360
for the project is that the required

504
00:20:53,360 --> 00:20:55,760
setbacks are 50 ft from all the property

505
00:20:55,760 --> 00:20:58,799
lines or in this case the ingress egress

506
00:20:58,799 --> 00:21:02,240
roadway easement boundary lines.

507
00:21:02,240 --> 00:21:05,919
So um what you have here is you can see

508
00:21:05,919 --> 00:21:09,360
this uh it shows the required 50-foot

509
00:21:09,360 --> 00:21:11,600
building setback line that is typically

510
00:21:11,600 --> 00:21:14,000
required and that cuts over into this

511
00:21:14,000 --> 00:21:17,760
area here. Um so the areas that have the

512
00:21:17,760 --> 00:21:21,120
less sleep less steep slopes tend to be

513
00:21:21,120 --> 00:21:24,320
a bit outside of that area. Um so this

514
00:21:24,320 --> 00:21:27,039
uh then also shows the 30-foot building

515
00:21:27,039 --> 00:21:29,679
setback line. That's if the project gets

516
00:21:29,679 --> 00:21:32,240
approval of a setback exception to be

517
00:21:32,240 --> 00:21:34,480
closer than the 30 ft. It would actually

518
00:21:34,480 --> 00:21:37,120
require a variance to the setbacks. Um

519
00:21:37,120 --> 00:21:40,640
so the applicant has ensured that the

520
00:21:40,640 --> 00:21:43,039
proposed development would be at least

521
00:21:43,039 --> 00:21:46,159
30 ft away in all of the areas. This

522
00:21:46,159 --> 00:21:49,120
also shows here um that this corner of

523
00:21:49,120 --> 00:21:52,159
the garage that would encroach past the

524
00:21:52,159 --> 00:21:56,159
50ft setback line and but still would be

525
00:21:56,159 --> 00:21:58,640
uh more than 30 ft away from the

526
00:21:58,640 --> 00:22:00,720
easement line and the side property

527
00:22:00,720 --> 00:22:04,080
line. um the ADU across the street. That

528
00:22:04,080 --> 00:22:07,039
ADU is located in an area um that's just

529
00:22:07,039 --> 00:22:10,080
allowed by ADU law. Um because of the

530
00:22:10,080 --> 00:22:12,799
size of it, per the conditions uh can be

531
00:22:12,799 --> 00:22:14,640
as close as 4T to a side or rear

532
00:22:14,640 --> 00:22:17,039
property line.

533
00:22:17,039 --> 00:22:20,240
Um and so that uh is just the overview

534
00:22:20,240 --> 00:22:22,880
of the location of the project and then

535
00:22:22,880 --> 00:22:26,000
I'll just to show the elevations

536
00:22:26,000 --> 00:22:30,320
um of the project. Uh so there's this is

537
00:22:30,320 --> 00:22:33,120
the main piece of the main residence

538
00:22:33,120 --> 00:22:35,039
that show kind of up the hill furthest

539
00:22:35,039 --> 00:22:37,440
up the hill and then where this little

540
00:22:37,440 --> 00:22:39,600
void space is this is actually where

541
00:22:39,600 --> 00:22:42,240
that bridge um that hallway would

542
00:22:42,240 --> 00:22:43,840
connect to the other part of the

543
00:22:43,840 --> 00:22:46,640
building. So that comes across here and

544
00:22:46,640 --> 00:22:49,200
connects over to this garage portion

545
00:22:49,200 --> 00:22:51,440
with the J AU. So the garage at the

546
00:22:51,440 --> 00:22:54,480
lower level J AU with a small little

547
00:22:54,480 --> 00:22:56,640
room upstairs and this is the elevator.

548
00:22:56,640 --> 00:22:59,919
Um this is the side elevation. Uh and

549
00:22:59,919 --> 00:23:02,240
then this is the front elevation of the

550
00:23:02,240 --> 00:23:04,000
main residence. So this is what faces

551
00:23:04,000 --> 00:23:08,559
the roadway. Um this is the rear of the

552
00:23:08,559 --> 00:23:10,799
main residence, the main piece of it.

553
00:23:10,799 --> 00:23:12,240
And then these are the two side

554
00:23:12,240 --> 00:23:15,039
elevations. And you see again that uh

555
00:23:15,039 --> 00:23:17,520
hallway bridge that connects to the

556
00:23:17,520 --> 00:23:21,520
garage area. Um this is just the back of

557
00:23:21,520 --> 00:23:24,960
the garage JADU portion. Um again this

558
00:23:24,960 --> 00:23:27,520
is that void where that hallway is and

559
00:23:27,520 --> 00:23:30,080
then this is the front of that portion

560
00:23:30,080 --> 00:23:31,919
of the building which is facing the

561
00:23:31,919 --> 00:23:33,520
roadway.

562
00:23:33,520 --> 00:23:40,870
This shows the two side elevations.

563
00:23:40,880 --> 00:23:43,440
This is the portion of the attached ADU.

564
00:23:43,440 --> 00:23:45,200
So this is the one furthest down the

565
00:23:45,200 --> 00:23:47,760
hill um in front of the main portion of

566
00:23:47,760 --> 00:23:50,080
the building. And this is the attached

567
00:23:50,080 --> 00:23:53,200
ADU. Um, it has some decks uh and

568
00:23:53,200 --> 00:23:56,320
balconies on the front and this shows it

569
00:23:56,320 --> 00:23:58,799
from the rear. Um, so it's kind of dug

570
00:23:58,799 --> 00:24:01,200
into the hillside a bit. And then this

571
00:24:01,200 --> 00:24:05,520
shows the two side elevations,

572
00:24:05,520 --> 00:24:08,480
these two. And then this shows the

573
00:24:08,480 --> 00:24:11,440
elevations for the ADU across the

574
00:24:11,440 --> 00:24:14,640
roadway. Uh, this is the elevation from

575
00:24:14,640 --> 00:24:17,279
the roadway. Uh, so it's relatively low

576
00:24:17,279 --> 00:24:18,960
profile, but because of the steep

577
00:24:18,960 --> 00:24:21,440
hillside, it does drop down the hill.

578
00:24:21,440 --> 00:24:24,240
Um, and then I'll just go through here

579
00:24:24,240 --> 00:24:26,559
just briefly. The applicant has provided

580
00:24:26,559 --> 00:24:28,320
some renderings of the project, so it

581
00:24:28,320 --> 00:24:30,480
helps to visualize a little bit more.

582
00:24:30,480 --> 00:24:32,799
And back here is the main portion of the

583
00:24:32,799 --> 00:24:35,440
residence. This is that attached ADU

584
00:24:35,440 --> 00:24:38,799
towards the front.

585
00:24:38,799 --> 00:24:40,799
This is a bit of a different angle

586
00:24:40,799 --> 00:24:43,919
showing the attached ADU. This is the

587
00:24:43,919 --> 00:24:46,559
garage J ADU portion with the main

588
00:24:46,559 --> 00:24:51,190
portion in the rear

589
00:24:51,200 --> 00:24:52,799
and just different angles. This is kind

590
00:24:52,799 --> 00:24:55,520
of the side. So main portion, the

591
00:24:55,520 --> 00:24:58,080
attached ADU with the garage JDU in the

592
00:24:58,080 --> 00:25:02,149
background.

593
00:25:02,159 --> 00:25:04,799
Different views. This shows that hallway

594
00:25:04,799 --> 00:25:07,440
bridge that uh connects the structures

595
00:25:07,440 --> 00:25:12,310
that makes them attached.

596
00:25:12,320 --> 00:25:14,240
Couple of other views just further back

597
00:25:14,240 --> 00:25:17,120
from the road. And then this is the

598
00:25:17,120 --> 00:25:20,080
views shown for the ADU that's across

599
00:25:20,080 --> 00:25:22,720
the roadway. So, it's down the hillside.

600
00:25:22,720 --> 00:25:24,640
Um, it would just actually be a little

601
00:25:24,640 --> 00:25:26,559
bit above the roadway elevation as

602
00:25:26,559 --> 00:25:29,360
viewed from the road. Um, but with that,

603
00:25:29,360 --> 00:25:31,679
I'm happy to answer. Um, well, I just

604
00:25:31,679 --> 00:25:33,760
want to note that you have all of uh

605
00:25:33,760 --> 00:25:35,520
staff's recommended findings for

606
00:25:35,520 --> 00:25:36,640
approval of the three different

607
00:25:36,640 --> 00:25:38,880
entitlements and the attached draft

608
00:25:38,880 --> 00:25:41,600
resolution. Um if you like I can go

609
00:25:41,600 --> 00:25:43,440
through those in detail. Uh otherwise

610
00:25:43,440 --> 00:25:44,880
I'm just happy to answer any questions

611
00:25:44,880 --> 00:25:47,279
that you have. Um and I do want to make

612
00:25:47,279 --> 00:25:49,760
one note that with our recommendation of

613
00:25:49,760 --> 00:25:54,159
approval uh that there is condition 1K

614
00:25:54,159 --> 00:25:56,799
and that is related to requiring a deed

615
00:25:56,799 --> 00:26:00,159
restriction for the JADU. Um so when we

616
00:26:00,159 --> 00:26:02,080
initially put these conditions together

617
00:26:02,080 --> 00:26:04,000
for planning commission that in fact was

618
00:26:04,000 --> 00:26:07,440
the law. Uh although uh just effective

619
00:26:07,440 --> 00:26:10,240
this year, the state says that you can

620
00:26:10,240 --> 00:26:12,480
only require a deed restriction if

621
00:26:12,480 --> 00:26:15,120
there's shared sanitation facilities

622
00:26:15,120 --> 00:26:16,400
with the other portion of the main

623
00:26:16,400 --> 00:26:19,039
residents. Because this JADU would have

624
00:26:19,039 --> 00:26:21,679
its own bathroom, um this condition

625
00:26:21,679 --> 00:26:24,320
would not apply. So if the council does

626
00:26:24,320 --> 00:26:26,960
accept staff's recommendation, we would

627
00:26:26,960 --> 00:26:32,799
uh strike um condition 1K, noting that deed restriction is not required.

628
00:26:32,799 --> 00:26:34,320
Uh but with that, I'm happy to answer

629
00:26:34,320 --> 00:26:36,159
any questions that you have.

630
00:26:36,159 --> 00:26:38,400
>> Okay. Thank you, Sage. Questions for

631
00:26:38,400 --> 00:26:39,679
staff?

632
00:26:39,679 --> 00:26:43,520
>> Um yeah, I my one question I have is has

633
00:26:43,520 --> 00:26:46,080
Woodside Fire looked at the property and

634
00:26:46,080 --> 00:26:48,240
given any opinion regarding whether it's

635
00:26:48,240 --> 00:26:51,600
high or same or no no change in the risk

636
00:26:51,600 --> 00:26:53,679
of fire. Um I don't think they've given

637
00:26:53,679 --> 00:26:55,679
a risk assessment but they have been

638
00:26:55,679 --> 00:26:58,640
involved in the review of the project as

639
00:26:58,640 --> 00:27:02,080
well as you know over the years as the

640
00:27:02,080 --> 00:27:03,760
applicant was developing the different

641
00:27:03,760 --> 00:27:06,080
projects um they did work with the town

642
00:27:06,080 --> 00:27:07,600
to get a permit for what we call a

643
00:27:07,600 --> 00:27:10,080
vegetation management of a property and

644
00:27:10,080 --> 00:27:12,159
actually I was out there with the fire

645
00:27:12,159 --> 00:27:14,159
district. There was at least three

646
00:27:14,159 --> 00:27:16,480
representatives of the fire district. Um

647
00:27:16,480 --> 00:27:18,480
they went around and looked at different

648
00:27:18,480 --> 00:27:20,320
trees and areas that should be cleaned

649
00:27:20,320 --> 00:27:23,120
up. Um and the applicant then obtained a

650
00:27:23,120 --> 00:27:25,440
permit and did a lot of that cleaning up

651
00:27:25,440 --> 00:27:27,440
uh that the fire district recommended.

652
00:27:27,440 --> 00:27:29,840
And then as far as this project goes um

653
00:27:29,840 --> 00:27:33,279
as with all projects uh this gets

654
00:27:33,279 --> 00:27:36,000
reviewed at a preliminary level by the

655
00:27:36,000 --> 00:27:38,320
um Woodside Fire Protection District and

656
00:27:38,320 --> 00:27:40,240
they did approve it with their standard

657
00:27:40,240 --> 00:27:41,679
conditions.

658
00:27:41,679 --> 00:27:43,360
>> Thank you.

659
00:27:43,360 --> 00:27:48,470
>> Other questions?

660
00:27:48,480 --> 00:27:50,400
Oh, I guess it's my turn then. uh is

661
00:27:50,400 --> 00:27:53,120
this or is this not something that is

662
00:27:53,120 --> 00:27:54,799
covered under the housing accountability

663
00:27:54,799 --> 00:27:57,279
act there? A lot of conviction on both

664
00:27:57,279 --> 00:28:00,559
sides of this uh debate right now.

665
00:28:00,559 --> 00:28:01,840
What's our view?

666
00:28:01,840 --> 00:28:03,360
>> It's staff's position this is not

667
00:28:03,360 --> 00:28:05,200
because this is not a project that comes

668
00:28:05,200 --> 00:28:06,960
before you with no request for

669
00:28:06,960 --> 00:28:08,480
exceptions.

670
00:28:08,480 --> 00:28:10,000
>> Okay.

671
00:28:10,000 --> 00:28:13,600
And is the um there's a setback finding

672
00:28:13,600 --> 00:28:16,559
around page 123 to 132 that was

673
00:28:16,559 --> 00:28:19,120
submitted. Um

674
00:28:19,120 --> 00:28:20,480
that something that we have either

675
00:28:20,480 --> 00:28:23,200
verified or that we we believe is a

676
00:28:23,200 --> 00:28:25,520
reasonable analysis or is it sort of

677
00:28:25,520 --> 00:28:28,710
unverified?

678
00:28:28,720 --> 00:28:30,799
It goes through every piece of history

679
00:28:30,799 --> 00:28:33,520
and then every property and potential

680
00:28:33,520 --> 00:28:35,440
setbacks.

681
00:28:35,440 --> 00:28:39,039
So those were um findings that were uh

682
00:28:39,039 --> 00:28:42,480
the applicant put forward. Um what staff

683
00:28:42,480 --> 00:28:45,360
really did was focus on what staff

684
00:28:45,360 --> 00:28:47,120
believe the findings to be made. We

685
00:28:47,120 --> 00:28:49,279
reviewed this information. We viewed the

686
00:28:49,279 --> 00:28:51,520
information from all sides. Um but our

687
00:28:51,520 --> 00:28:53,760
goal is really from our professional

688
00:28:53,760 --> 00:28:56,640
background and we just focused on on

689
00:28:56,640 --> 00:28:59,679
recommended findings based on on how we

690
00:28:59,679 --> 00:29:01,600
determined those findings to be met.

691
00:29:01,600 --> 00:29:03,360
>> Okay.

692
00:29:03,360 --> 00:29:08,149
Any other questions for staff?

693
00:29:08,159 --> 00:29:10,640
Okay. Well, then with that, we are going

694
00:29:10,640 --> 00:29:13,600
to open the public hearing. Uh, and we

695
00:29:13,600 --> 00:29:16,080
welcome the appellant um and any members

696
00:29:16,080 --> 00:29:20,240
of their team to make a presentation if

697
00:29:20,240 --> 00:29:24,000
you would like one. And we'll certainly

698
00:29:24,000 --> 00:29:25,440
going to give you as much time as you

699
00:29:25,440 --> 00:29:27,120
need if you would like to make any

700
00:29:27,120 --> 00:29:41,909
statement.

701
00:29:41,919 --> 00:29:44,159
Good evening. Um, I think our first

702
00:29:44,159 --> 00:29:46,240
speaker is going to be on Zoom, uh,

703
00:29:46,240 --> 00:29:48,399
James Bransky, who, uh, designed the

704
00:29:48,399 --> 00:29:49,520
project. If you could

705
00:29:49,520 --> 00:29:52,240
>> Great.

706
00:29:52,240 --> 00:30:00,630
Uh, okay. Well, welcome, James.

707
00:30:00,640 --> 00:30:02,000
Not sure what happened. I think we just

708
00:30:02,000 --> 00:30:03,840
lost him. Do you see him? There you are.

709
00:30:03,840 --> 00:30:04,240
Hi.

710
00:30:04,240 --> 00:30:06,480
>> Sorry. Yeah. Thank you. Um, if you don't

711
00:30:06,480 --> 00:30:07,919
mind, I'd like to share my screen if

712
00:30:07,919 --> 00:30:12,710
that's okay with everyone.

713
00:30:12,720 --> 00:30:14,480
» I think it's okay. Yeah.

714
00:30:14,480 --> 00:30:27,110
>> Okay. Here we go.

715
00:30:27,120 --> 00:30:30,000
Can you see that image of the

716
00:30:30,000 --> 00:30:31,520
threedimensional rendering of the house?

717
00:30:31,520 --> 00:30:32,799
Is that showing up?

718
00:30:32,799 --> 00:30:35,039
>> We're seeing your email.

719
00:30:35,039 --> 00:30:36,559
>> Oh, my email. Well, that's not

720
00:30:36,559 --> 00:30:39,200
>> Yeah. No, you don't want us to see that.

721
00:30:39,200 --> 00:30:39,760
>> All right.

722
00:30:39,760 --> 00:30:41,039
>> Got enough of that going on right now

723
00:30:41,039 --> 00:30:41,840
around here.

724
00:30:41,840 --> 00:30:43,679
>> Yeah, right. Okay. Hold on a second. Why

725
00:30:43,679 --> 00:30:45,520
would that be happening? Hold on. Let me

726
00:30:45,520 --> 00:30:48,559
try this again.

727
00:30:48,559 --> 00:30:52,240
Um, maybe I can move the

728
00:30:52,240 --> 00:30:55,679
How about Do you see the image now or

729
00:30:55,679 --> 00:30:58,720
still the email? Still the email, right?

730
00:30:58,720 --> 00:31:00,799
>> We don't see really anything. Yeah.

731
00:31:00,799 --> 00:31:02,960
>> Let me Let me try again. I'm sorry.

732
00:31:02,960 --> 00:31:04,320
>> It's okay.

733
00:31:04,320 --> 00:31:10,630
>> Uh, share.

734
00:31:10,640 --> 00:31:13,039
Okay, here we go.

735
00:31:13,039 --> 00:31:13,760
>> There you go.

736
00:31:13,760 --> 00:31:17,039
>> Got it. I see it. Okay.

737
00:31:17,039 --> 00:31:19,919
All right. Um, well, thank you everyone.

738
00:31:19,919 --> 00:31:23,120
I I do appreciate the opportunity to

739
00:31:23,120 --> 00:31:26,720
present this project uh again. Um,

740
00:31:26,720 --> 00:31:30,080
and uh uh I thought it would be uh

741
00:31:30,080 --> 00:31:32,080
useful because it's been going for such

742
00:31:32,080 --> 00:31:35,039
a long time. Um, and there have been so

743
00:31:35,039 --> 00:31:36,880
many permutations that I thought it

744
00:31:36,880 --> 00:31:39,279
would be uh uh useful to go back to the

745
00:31:39,279 --> 00:31:41,679
sort of the basics of why we designed

746
00:31:41,679 --> 00:31:43,760
the house uh the way we did in the first

747
00:31:43,760 --> 00:31:47,039
place. And also in this presentation um

748
00:31:47,039 --> 00:31:49,519
I will address some of the comments from

749
00:31:49,519 --> 00:31:52,480
the report provided by the neighbors uh

750
00:31:52,480 --> 00:31:56,480
forensic architect Mr. French. So I want

751
00:31:56,480 --> 00:32:00,080
to start out and can you see my the the

752
00:32:00,080 --> 00:32:02,320
mouse on the screen? Was I moving it

753
00:32:02,320 --> 00:32:03,279
around?

754
00:32:03,279 --> 00:32:03,760
>> Yes.

755
00:32:03,760 --> 00:32:09,039
>> Okay, good. Okay. So, I wanted to start out by showing a three-dimensional

756
00:32:09,039 --> 00:32:10,880
overview of the site to kind of give you

757
00:32:10,880 --> 00:32:12,799
a a feeling for the challenges that

758
00:32:12,799 --> 00:32:15,360
we've that we faced in designing this

759
00:32:15,360 --> 00:32:18,960
project. Um the uh sage was kind of

760
00:32:18,960 --> 00:32:21,200
pointing out uh in obviously in two

761
00:32:21,200 --> 00:32:24,640
dimensions the site um the size of it um

762
00:32:24,640 --> 00:32:28,080
uh the the challenging topography um and

763
00:32:28,080 --> 00:32:30,399
the main road that goes through it

764
00:32:30,399 --> 00:32:33,120
splits it into into about a third and

765
00:32:33,120 --> 00:32:35,919
two/3 uh with the north side of the

766
00:32:35,919 --> 00:32:38,000
property is the left the downs slope

767
00:32:38,000 --> 00:32:40,480
side and the south side of the property

768
00:32:40,480 --> 00:32:43,039
is the north the ups slope. Um there's

769
00:32:43,039 --> 00:32:47,120
about 390 feet of elevation change uh

770
00:32:47,120 --> 00:32:49,679
from the top of the site to the bottom.

771
00:32:49,679 --> 00:32:53,120
Uh the area in gray on this on this

772
00:32:53,120 --> 00:32:56,640
drawing um is in a conservation easement

773
00:32:56,640 --> 00:33:00,720
and is not buildable. Um the blue fills

774
00:33:00,720 --> 00:33:03,679
uh represent slopes that are over 35%

775
00:33:03,679 --> 00:33:06,880
and the purple fills represent slopes

776
00:33:06,880 --> 00:33:11,519
that are over 50%. Um I it it's a good

777
00:33:11,519 --> 00:33:14,640
time to remember that the guidelines um

778
00:33:14,640 --> 00:33:17,039
uh design guidelines generally restrict

779
00:33:17,039 --> 00:33:21,200
us from building on slopes uh over 35%

780
00:33:21,200 --> 00:33:25,039
and especially slopes over 50%. Um the

781
00:33:25,039 --> 00:33:28,320
light blue area here um is a is an area

782
00:33:28,320 --> 00:33:30,640
that is always wet because of springs

783
00:33:30,640 --> 00:33:32,559
and is unbuildable.

784
00:33:32,559 --> 00:33:36,640
Um the orange line um that you see here

785
00:33:36,640 --> 00:33:39,519
uh that is the 50- foot setback line and

786
00:33:39,519 --> 00:33:43,360
the green line um is the 30foot setback

787
00:33:43,360 --> 00:33:45,760
exception line.

788
00:33:45,760 --> 00:33:50,559
So generally uh what we have um is a

789
00:33:50,559 --> 00:33:52,799
buildable area that's sort of inside

790
00:33:52,799 --> 00:33:56,000
this red box. Um I should mention that

791
00:33:56,000 --> 00:34:00,000
the downs slope area to the left um uh

792
00:34:00,000 --> 00:34:02,880
will be reserved for our septic system

793
00:34:02,880 --> 00:34:05,200
um with the exception of that of the

794
00:34:05,200 --> 00:34:07,760
small corner up here which Sage pointed

795
00:34:07,760 --> 00:34:12,000
out has a detached ADU.

796
00:34:12,000 --> 00:34:17,280
Um, so there are um really really only

797
00:34:17,280 --> 00:34:20,879
three buildable areas uh on the on the

798
00:34:20,879 --> 00:34:23,520
south side of the road, the uphill side

799
00:34:23,520 --> 00:34:27,040
to the right. Um within the 50oot

800
00:34:27,040 --> 00:34:31,839
setback line. Um the first area is that

801
00:34:31,839 --> 00:34:36,639
bench right there. Um the second area is

802
00:34:36,639 --> 00:34:38,639
this small little corner to the north

803
00:34:38,639 --> 00:34:41,520
and to the east. And then the third area

804
00:34:41,520 --> 00:34:46,000
which is closest to the road um uh is

805
00:34:46,000 --> 00:34:48,399
also quite small. Um the three of those

806
00:34:48,399 --> 00:34:51,119
together so this would be the entire

807
00:34:51,119 --> 00:34:54,480
buildable area on the south side of the

808
00:34:54,480 --> 00:35:00,160
road um is 4500 square ft.

809
00:35:00,160 --> 00:35:02,720
Um so that's obviously a very limited

810
00:35:02,720 --> 00:35:04,160
amount of space when you're trying to

811
00:35:04,160 --> 00:35:06,640
build a new home on a on such a large

812
00:35:06,640 --> 00:35:11,680
site. So now if we used the 30foot um

813
00:35:11,680 --> 00:35:14,880
building setback exception um the amount

814
00:35:14,880 --> 00:35:17,760
of space and you can see that goes from

815
00:35:17,760 --> 00:35:21,359
that that area and then up to the

816
00:35:21,359 --> 00:35:24,640
30-foot setback line. Um that amount of

817
00:35:24,640 --> 00:35:28,160
space increases our buildable area up to

818
00:35:28,160 --> 00:35:33,440
7200 square ft. Still not a lot um but

819
00:35:33,440 --> 00:35:35,599
just enough to build on while still

820
00:35:35,599 --> 00:35:38,800
adhering to the regulations governing

821
00:35:38,800 --> 00:35:40,960
steep slopes.

822
00:35:40,960 --> 00:35:43,680
So here once again this is a zoomed out

823
00:35:43,680 --> 00:35:46,640
but there is the three red areas that um

824
00:35:46,640 --> 00:35:49,920
that we're allowed to build on. Um

825
00:35:49,920 --> 00:35:52,320
so we look at at these kinds of

826
00:35:52,320 --> 00:35:55,200
restrictions um as opportunities. Um

827
00:35:55,200 --> 00:35:58,160
it's the tightness of these areas and

828
00:35:58,160 --> 00:36:00,079
their vertical and horizontal

829
00:36:00,079 --> 00:36:02,560
relationship to each other that really

830
00:36:02,560 --> 00:36:04,960
informs the design. U the design

831
00:36:04,960 --> 00:36:07,839
standards ask that we that the buildings

832
00:36:07,839 --> 00:36:10,480
step down the hill with the terrain and

833
00:36:10,480 --> 00:36:13,040
that we preserve steep slopes and trees

834
00:36:13,040 --> 00:36:16,800
and that's what I think we did.

835
00:36:16,800 --> 00:36:19,119
Um the building

836
00:36:19,119 --> 00:36:21,520
so this is this is the design. Now, I'm

837
00:36:21,520 --> 00:36:23,680
doing this without a lot of detail like

838
00:36:23,680 --> 00:36:25,200
you show in the renderings, but just to

839
00:36:25,200 --> 00:36:26,720
give you an idea of the massing of the

840
00:36:26,720 --> 00:36:29,920
buildings. Um, the building the building

841
00:36:29,920 --> 00:36:31,920
is broken down into three components.

842
00:36:31,920 --> 00:36:34,560
Um, each occupying one of the red areas

843
00:36:34,560 --> 00:36:37,280
were allowed to build on from the bench,

844
00:36:37,280 --> 00:36:40,000
which is up here at the top. Um, the

845
00:36:40,000 --> 00:36:43,119
buildings step down the hill and weave

846
00:36:43,119 --> 00:36:45,920
through the trees. Um, and the uh the

847
00:36:45,920 --> 00:36:48,160
main house is connected to the garage

848
00:36:48,160 --> 00:36:51,119
which is which is here.

849
00:36:51,119 --> 00:36:54,160
um via an enclosed bridge that travels

850
00:36:54,160 --> 00:36:57,280
through a stand of redwoods. The two

851
00:36:57,280 --> 00:36:59,520
components that are closest to the road,

852
00:36:59,520 --> 00:37:02,320
that's the garage and then this attached

853
00:37:02,320 --> 00:37:03,920
ADU

854
00:37:03,920 --> 00:37:07,200
present a one-story face to the road. Um

855
00:37:07,200 --> 00:37:10,160
in other words, the one-story section of

856
00:37:10,160 --> 00:37:11,839
those buildings that's closest to the

857
00:37:11,839 --> 00:37:14,079
road and when they step up to two

858
00:37:14,079 --> 00:37:17,440
stories, those areas are further uh up

859
00:37:17,440 --> 00:37:20,640
the hill and further away from the road.

860
00:37:20,640 --> 00:37:23,760
The main house occupies the bench, which

861
00:37:23,760 --> 00:37:26,800
is up here, um, and is elevated on

862
00:37:26,800 --> 00:37:30,880
peers. So, um, we wanted to be able to

863
00:37:30,880 --> 00:37:32,960
get the house to have as big a footprint

864
00:37:32,960 --> 00:37:36,160
as possible in a relatively small area.

865
00:37:36,160 --> 00:37:39,040
Um, like 2700 square f feet is what that

866
00:37:39,040 --> 00:37:41,920
red area is up there. So, we needed to

867
00:37:41,920 --> 00:37:44,160
elevate the house a little and can lever

868
00:37:44,160 --> 00:37:47,520
it in in in multiple directions out over

869
00:37:47,520 --> 00:37:51,359
the slopes that are the 35 and 50% so

870
00:37:51,359 --> 00:37:53,119
that we could have a big enough area in

871
00:37:53,119 --> 00:37:55,760
the house. And it also allowed us then

872
00:37:55,760 --> 00:37:58,320
to have the rainwater

873
00:37:58,320 --> 00:38:00,960
from the uphill slopes go under the

874
00:38:00,960 --> 00:38:03,200
house and then be collected before it

875
00:38:03,200 --> 00:38:05,119
gets down to collected and diverted

876
00:38:05,119 --> 00:38:07,760
before it gets down to um the attached

877
00:38:07,760 --> 00:38:10,800
ADU which is right here.

878
00:38:10,800 --> 00:38:14,320
So I believe this directly addresses uh

879
00:38:14,320 --> 00:38:17,440
finding number five um uh as I think the

880
00:38:17,440 --> 00:38:19,359
structures are subordinate to the

881
00:38:19,359 --> 00:38:21,839
natural environment um you know

882
00:38:21,839 --> 00:38:23,839
responsive certainly to the site

883
00:38:23,839 --> 00:38:26,480
constraints um and compatible with the

884
00:38:26,480 --> 00:38:28,320
rural character of Woodside. And I

885
00:38:28,320 --> 00:38:34,000
should note here that the vocabulary of of the and the materiality of the

886
00:38:34,000 --> 00:38:36,880
design as you see uh in those renderings

887
00:38:36,880 --> 00:38:38,720
that Sage showed you and the first

888
00:38:38,720 --> 00:38:41,280
rendering that I showed you was heavily

889
00:38:41,280 --> 00:38:44,560
influenced by the neighboring 95 Skywood

890
00:38:44,560 --> 00:38:47,680
and 35 Still Creek.

891
00:38:47,680 --> 00:38:52,400
Um it has been suggested by the

892
00:38:52,400 --> 00:38:54,960
neighbors consultant Mr. French uh that

893
00:38:54,960 --> 00:38:57,760
we should move the structures back to

894
00:38:57,760 --> 00:39:00,960
the 50-foot setback line and you can

895
00:39:00,960 --> 00:39:04,400
view that in his report. Um and as you

896
00:39:04,400 --> 00:39:08,160
can see um mostly you know anything uh

897
00:39:08,160 --> 00:39:11,920
beyond that 50oot setback line uh is is

898
00:39:11,920 --> 00:39:16,640
mostly um uh uh a slope of 50% or

899
00:39:16,640 --> 00:39:20,560
greater. So if we move the buildings

900
00:39:20,560 --> 00:39:22,960
back into that 50 foot setback. So now

901
00:39:22,960 --> 00:39:25,920
you can see taking uh the the main house

902
00:39:25,920 --> 00:39:28,640
stays where you know up on the bench but

903
00:39:28,640 --> 00:39:32,560
in order to uh uh meet the the 50oot

904
00:39:32,560 --> 00:39:34,000
setback we'd have to move those

905
00:39:34,000 --> 00:39:36,800
buildings back into the hillside.

906
00:39:36,800 --> 00:39:41,040
Um so moving the house back to this

907
00:39:41,040 --> 00:39:44,560
position will require us to obtain a

908
00:39:44,560 --> 00:39:46,880
grading exception um because the amount

909
00:39:46,880 --> 00:39:51,359
of excavation would be about 1645 yards.

910
00:39:51,359 --> 00:39:54,480
the backs of the attached ADU and the

911
00:39:54,480 --> 00:39:57,359
garage would require about a 14 foot

912
00:39:57,359 --> 00:39:59,280
high retaining wall because we're

913
00:39:59,280 --> 00:40:01,920
further uh into the hillside. It would

914
00:40:01,920 --> 00:40:04,480
also uh unfortunately require us to

915
00:40:04,480 --> 00:40:07,440
remove many mature and healthy redwoods.

916
00:40:07,440 --> 00:40:09,359
All of which I think is inconsistent

917
00:40:09,359 --> 00:40:12,960
with the Woodides design guidelines. And

918
00:40:12,960 --> 00:40:14,720
I think it also directly addresses

919
00:40:14,720 --> 00:40:17,680
finding 1B which is that the uh

920
00:40:17,680 --> 00:40:20,320
available alternatives uh would uh

921
00:40:20,320 --> 00:40:21,839
meaning this one would cause greater

922
00:40:21,839 --> 00:40:24,000
adverse impact on natural features than

923
00:40:24,000 --> 00:40:26,160
the proposed exception.

924
00:40:26,160 --> 00:40:28,240
And also I think finding two which

925
00:40:28,240 --> 00:40:30,400
directs us to cause no significant

926
00:40:30,400 --> 00:40:32,000
impacts to the applicant's property

927
00:40:32,000 --> 00:40:33,760
adjacent properties or surrounding

928
00:40:33,760 --> 00:40:36,400
neighborhood and town and finding four

929
00:40:36,400 --> 00:40:37,920
which directs us to cause the least

930
00:40:37,920 --> 00:40:40,960
amount of disturbance to the site.

931
00:40:40,960 --> 00:40:43,520
to give you a feeling for the massing

932
00:40:43,520 --> 00:40:45,680
from the street. Now again, this is not

933
00:40:45,680 --> 00:40:48,240
a detailed drawing, but purposely so

934
00:40:48,240 --> 00:40:52,960
just to get have you get a feel for the size of the building relative to the

935
00:40:52,960 --> 00:40:59,200
backdrop which is the hillside and the trees. Um so to give you a feel

936
00:40:59,200 --> 00:41:02,480
of that massing um this view um which is

937
00:41:02,480 --> 00:41:05,599
from the street um is which shows the

938
00:41:05,599 --> 00:41:07,280
building that is is currently designed

939
00:41:07,280 --> 00:41:09,359
and situated at the 30-foot setback

940
00:41:09,359 --> 00:41:10,880
line.

941
00:41:10,880 --> 00:41:14,319
This is the same view um but with the

942
00:41:14,319 --> 00:41:16,560
building moved to the 50- foot setback.

943
00:41:16,560 --> 00:41:23,839
As you can see, the visual difference is pretty minor. However, uh the impact

944
00:41:23,839 --> 00:41:26,800
on the site is profound because of the

945
00:41:26,800 --> 00:41:29,680
loss of trees and the additional cutting

946
00:41:29,680 --> 00:41:32,640
into the 50% slope.

947
00:41:32,640 --> 00:41:35,680
Here is another view. This is the view

948
00:41:35,680 --> 00:41:37,359
of the rendering that I showed you at

949
00:41:37,359 --> 00:41:39,280
the very beginning.

950
00:41:39,280 --> 00:41:41,200
um also from the street but from the

951
00:41:41,200 --> 00:41:44,720
northwest. This is the 30-foot setback

952
00:41:44,720 --> 00:41:48,160
um which the 30- foot setback exception.

953
00:41:48,160 --> 00:41:50,480
Here's the same view with the 50-ft

954
00:41:50,480 --> 00:41:53,760
setback. Uh again, the visual difference

955
00:41:53,760 --> 00:41:55,760
from the road and the impact from the

956
00:41:55,760 --> 00:41:58,880
road I I believe is is relatively minor

957
00:41:58,880 --> 00:42:02,560
between those two, but again the the

958
00:42:02,560 --> 00:42:05,920
site impacts are are are really

959
00:42:05,920 --> 00:42:08,240
significant. um and we'd love to avoid

960
00:42:08,240 --> 00:42:10,079
that.

961
00:42:10,079 --> 00:42:11,920
This I think also addresses finding

962
00:42:11,920 --> 00:42:15,599
number three that the proposed exception

963
00:42:15,599 --> 00:42:18,240
uh will cause no significant uh adverse

964
00:42:18,240 --> 00:42:20,160
impact on the privacy of the neighbors.

965
00:42:20,160 --> 00:42:22,880
I I don't think either one of these

966
00:42:22,880 --> 00:42:24,720
situations whether the 30-foot or the

967
00:42:24,720 --> 00:42:28,720
50- foot u impact will um will have make

968
00:42:28,720 --> 00:42:31,589
any real difference.

969
00:42:31,599 --> 00:42:35,839
Um the next set of slides um is in

970
00:42:35,839 --> 00:42:38,960
response to uh Mr. French's contention

971
00:42:38,960 --> 00:42:41,280
that we've misrepresented

972
00:42:41,280 --> 00:42:43,359
the size of our building because our

973
00:42:43,359 --> 00:42:46,960
floor plans don't align with our size

974
00:42:46,960 --> 00:42:51,839
calculation exhibit. Um so this is um

975
00:42:51,839 --> 00:42:55,760
this is Mr. French's figure 50. Um, and

976
00:42:55,760 --> 00:42:58,160
just before this in his report, he

977
00:42:58,160 --> 00:43:02,000
states, quote, "This shall be granted

978
00:43:02,000 --> 00:43:04,480
argument is predicated on the project's

979
00:43:04,480 --> 00:43:07,680
total floor area, which might not apply

980
00:43:07,680 --> 00:43:09,599
to the a project that provides

981
00:43:09,599 --> 00:43:12,720
inaccurate data. Since the floor area

982
00:43:12,720 --> 00:43:14,960
calculations do not match the physical

983
00:43:14,960 --> 00:43:18,079
geometry of the floor plans, the fact

984
00:43:18,079 --> 00:43:20,480
that the project is under 8,800 square

985
00:43:20,480 --> 00:43:23,280
feet is unverified.

986
00:43:23,280 --> 00:43:26,800
So I I believe that this statement

987
00:43:26,800 --> 00:43:28,720
reflects sort of a fundamental

988
00:43:28,720 --> 00:43:30,880
misunderstanding and misreading of our

989
00:43:30,880 --> 00:43:34,400
floor plans and perhaps the method that

990
00:43:34,400 --> 00:43:36,800
Woodside uses to calculate building

991
00:43:36,800 --> 00:43:38,960
area. And let me demonstrate if you

992
00:43:38,960 --> 00:43:42,480
don't mind. Uh in this figure um Mr.

993
00:43:42,480 --> 00:43:45,200
French attempts to align our floor plan

994
00:43:45,200 --> 00:43:48,720
with our floor area calculation exhibit.

995
00:43:48,720 --> 00:43:50,319
And you can see the lines that he's

996
00:43:50,319 --> 00:43:53,359
connecting between various corners of

997
00:43:53,359 --> 00:43:56,800
one drawing to the other. The issue here

998
00:43:56,800 --> 00:43:58,800
is that he's aligning the wrong corners

999
00:43:58,800 --> 00:44:01,520
of the plan. Um on the far left, he

1000
00:44:01,520 --> 00:44:04,400
attempts to align the corner of our

1001
00:44:04,400 --> 00:44:07,440
office, which is right here, with the

1002
00:44:07,440 --> 00:44:10,720
edge of our exterior uncovered entrance,

1003
00:44:10,720 --> 00:44:14,480
uh which is this. So, um,

1004
00:44:14,480 --> 00:44:17,040
and the uncovered terrace, I'm sorry,

1005
00:44:17,040 --> 00:44:19,839
the exterior and uncovered terrace, that

1006
00:44:19,839 --> 00:44:22,160
does not count in the area calculation,

1007
00:44:22,160 --> 00:44:23,839
and therefore it's not shown in our

1008
00:44:23,839 --> 00:44:26,160
exhibit. He also misaligned the

1009
00:44:26,160 --> 00:44:28,960
northwest corner of the attached ADU

1010
00:44:28,960 --> 00:44:32,880
here with the exterior and uncovered

1011
00:44:32,880 --> 00:44:34,960
terrace in the northwest corner of the

1012
00:44:34,960 --> 00:44:37,839
ADU up here. I'm going to show you

1013
00:44:37,839 --> 00:44:39,599
those. Those are the terraces in

1014
00:44:39,599 --> 00:44:42,160
question. those those terraces do not

1015
00:44:42,160 --> 00:44:44,240
have floor uh roofs over them. So they

1016
00:44:44,240 --> 00:44:46,560
do not do not count in the floor area

1017
00:44:46,560 --> 00:44:49,200
calculation.

1018
00:44:49,200 --> 00:44:53,280
So just to sum this up quickly um here

1019
00:44:53,280 --> 00:44:57,520
is a a slide showing ADU number two.

1020
00:44:57,520 --> 00:45:00,079
This is uh the outline of the parts of

1021
00:45:00,079 --> 00:45:02,079
the building that contribute to the area

1022
00:45:02,079 --> 00:45:04,480
calculation.

1023
00:45:04,480 --> 00:45:07,119
The blue area is the uncovered terrace

1024
00:45:07,119 --> 00:45:08,960
with uh terrace which does not

1025
00:45:08,960 --> 00:45:12,480
contribute to the area calculation.

1026
00:45:12,480 --> 00:45:14,880
This is the area right here of the

1027
00:45:14,880 --> 00:45:17,119
garage and Jedu that contribute to the

1028
00:45:17,119 --> 00:45:20,560
building area. This is the house. These

1029
00:45:20,560 --> 00:45:22,640
are the areas that contribute to the

1030
00:45:22,640 --> 00:45:25,920
building area and these are the terraces

1031
00:45:25,920 --> 00:45:27,920
that do not.

1032
00:45:27,920 --> 00:45:31,520
Here's Mr. French's alignment.

1033
00:45:31,520 --> 00:45:35,119
here is the proper alignment. So, um,

1034
00:45:35,119 --> 00:45:38,400
and if you go to another slide, kind of

1035
00:45:38,400 --> 00:45:40,000
show you that those are the corners that

1036
00:45:40,000 --> 00:45:42,240
should be matching up. And then you can

1037
00:45:42,240 --> 00:45:44,880
see again that those are properly

1038
00:45:44,880 --> 00:45:49,599
aligned. Um, and the exhibits uh are

1039
00:45:49,599 --> 00:45:51,359
correct as they were originally drawn.

1040
00:45:51,359 --> 00:45:54,560
And therefore, our area calculation is

1041
00:45:54,560 --> 00:45:57,040
correct. And we are below the 8,800 foot

1042
00:45:57,040 --> 00:46:00,950
cap.

1043
00:46:00,960 --> 00:46:03,040
That is all.

1044
00:46:03,040 --> 00:46:06,319
>> Okay. Thank you, James.

1045
00:46:06,319 --> 00:46:09,040
Any other members of the team?

1046
00:46:09,040 --> 00:46:11,839
Yes, sir. Welcome.

1047
00:46:11,839 --> 00:46:14,000
>> Yeah, I'm I'm Charles Kissik with Sigma

1048
00:46:14,000 --> 00:46:16,560
Prime GeoSciences in Half Moon Bay. Um,

1049
00:46:16,560 --> 00:46:18,880
we did all the engineering geologic and

1050
00:46:18,880 --> 00:46:21,920
geologic work uh on this project for

1051
00:46:21,920 --> 00:46:26,160
several years now. And um I wasn't even

1052
00:46:26,160 --> 00:46:27,200
I didn't know I was going to be here

1053
00:46:27,200 --> 00:46:28,480
until about two hours ago. So, I have

1054
00:46:28,480 --> 00:46:29,680
nothing prepared. So, I'm just going to

1055
00:46:29,680 --> 00:46:31,040
have to wing it.

1056
00:46:31,040 --> 00:46:33,599
>> Uh, first of all, I I I'm extremely

1057
00:46:33,599 --> 00:46:35,200
familiar with the area, having grown up

1058
00:46:35,200 --> 00:46:38,960
on Skyway since 1966, so I know the area

1059
00:46:38,960 --> 00:46:44,319
very well. And um, the bottom line, I

1060
00:46:44,319 --> 00:46:45,760
could go into a lot of detail, but the

1061
00:46:45,760 --> 00:46:49,760
bottom line is the site is is stable.

1062
00:46:49,760 --> 00:46:51,119
There have been concerns brought up

1063
00:46:51,119 --> 00:46:55,440
about slope stability and uh, falting,

1064
00:46:55,440 --> 00:46:58,160
but there's no faulting hazard in the

1065
00:46:58,160 --> 00:46:59,920
air. the nearest active fault, the San

1066
00:46:59,920 --> 00:47:02,640
Andreas fault about a mile away. There's

1067
00:47:02,640 --> 00:47:05,119
a secondary

1068
00:47:05,119 --> 00:47:09,839
um potentially active fault about 250 ft

1069
00:47:09,839 --> 00:47:13,280
down the hill to the um well toward the

1070
00:47:13,280 --> 00:47:16,160
east toward you know down the hill and

1071
00:47:16,160 --> 00:47:19,119
which has no potential

1072
00:47:19,119 --> 00:47:23,040
uh impact on on the project. Um and then

1073
00:47:23,040 --> 00:47:27,119
we spent quite a a lot quite a long time

1074
00:47:27,119 --> 00:47:29,200
studying the stability of the site,

1075
00:47:29,200 --> 00:47:31,200
slope stability, working closely with

1076
00:47:31,200 --> 00:47:34,079
the town of Woodside and as well as um

1077
00:47:34,079 --> 00:47:35,680
their reviewer Cottonshers and

1078
00:47:35,680 --> 00:47:38,240
associates. And after going back and

1079
00:47:38,240 --> 00:47:40,720
forth with a lot of field work and lab

1080
00:47:40,720 --> 00:47:43,520
work and analyses and aer photo analysis

1081
00:47:43,520 --> 00:47:46,960
and all these other things with lidar

1082
00:47:46,960 --> 00:47:49,200
between us cottonshite and everybody

1083
00:47:49,200 --> 00:47:51,359
involved in this project over the last

1084
00:47:51,359 --> 00:47:53,760
several years we've concluded that the

1085
00:47:53,760 --> 00:47:56,880
uh slope stability hazard is is low. You

1086
00:47:56,880 --> 00:47:59,520
can never say zero in any hills anywhere

1087
00:47:59,520 --> 00:48:02,079
but it's very low and not really much of

1088
00:48:02,079 --> 00:48:03,839
a concern.

1089
00:48:03,839 --> 00:48:09,680
Um like I said, yeah. Um like I said, it

1090
00:48:09,680 --> 00:48:11,200
wasn't prepared. I'm trying to think of

1091
00:48:11,200 --> 00:48:14,960
what the other concerns were, but bottom

1092
00:48:14,960 --> 00:48:20,960
line is uh I have no no concerns

1093
00:48:20,960 --> 00:48:25,599
regarding future slope stability,

1094
00:48:25,599 --> 00:48:28,960
uh fault rupture across the site

1095
00:48:28,960 --> 00:48:30,640
or anything like that. So, I'd be happy

1096
00:48:30,640 --> 00:48:32,880
to rebut further comments in the future,

1097
00:48:32,880 --> 00:48:34,400
but for now, I'd like to hear what other

1098
00:48:34,400 --> 00:48:36,160
people have to say. Okay.

1099
00:48:36,160 --> 00:48:39,440
>> Great. Thank you.

1100
00:48:39,440 --> 00:48:40,800
>> Yes, sir.

1101
00:48:40,800 --> 00:48:42,319
>> Good evening.

1102
00:48:42,319 --> 00:48:44,079
>> Thank you so much for your time today.

1103
00:48:44,079 --> 00:48:46,319
Uh my name is Ryan Patterson. I'm an

1104
00:48:46,319 --> 00:48:49,440
attorney for the project applicants. Um

1105
00:48:49,440 --> 00:48:51,599
and I I first want to thank staff for

1106
00:48:51,599 --> 00:48:54,079
all the hard work and time that uh they

1107
00:48:54,079 --> 00:48:55,839
have put into this project over the

1108
00:48:55,839 --> 00:48:59,839
course of years now. Um, it's a lot and

1109
00:48:59,839 --> 00:49:01,680
I I just want you to know we appreciate

1110
00:49:01,680 --> 00:49:05,599
it. Um, I'm going to be speaking mostly

1111
00:49:05,599 --> 00:49:08,160
about the law here and why the town is

1112
00:49:08,160 --> 00:49:10,640
required to approve the project as

1113
00:49:10,640 --> 00:49:13,599
proposed with the exceptions uh as

1114
00:49:13,599 --> 00:49:17,359
requested. Um, to tell you just a bit

1115
00:49:17,359 --> 00:49:19,359
about my qualification to speak to that

1116
00:49:19,359 --> 00:49:23,920
topic. Um, my practice focuses on uh the

1117
00:49:23,920 --> 00:49:26,160
Housing Accountability Act and the new

1118
00:49:26,160 --> 00:49:29,599
state housing laws. Um, I believe that I

1119
00:49:29,599 --> 00:49:31,200
have litigated more Housing

1120
00:49:31,200 --> 00:49:33,440
Accountability Act and state law cases,

1121
00:49:33,440 --> 00:49:35,599
state housing law cases probably than

1122
00:49:35,599 --> 00:49:38,319
anyone else in the state. Um, and I I

1123
00:49:38,319 --> 00:49:39,920
say that because I want to give you my

1124
00:49:39,920 --> 00:49:42,079
analysis of this project and its request

1125
00:49:42,079 --> 00:49:45,440
for the exception. Um, and I think

1126
00:49:45,440 --> 00:49:46,640
you're going to hear a lot of folks

1127
00:49:46,640 --> 00:49:49,200
speak about the law and what it means.

1128
00:49:49,200 --> 00:49:51,119
uh and they may may be less familiar

1129
00:49:51,119 --> 00:49:55,040
with the law. Um so to start the Housing

1130
00:49:55,040 --> 00:49:56,960
Accountability Act Government Code

1131
00:49:56,960 --> 00:49:59,440
section 65589.5

1132
00:49:59,440 --> 00:50:01,920
this is a law that's older than I am but

1133
00:50:01,920 --> 00:50:04,240
was recently amended has been amended a

1134
00:50:04,240 --> 00:50:06,079
number of times recently to make it

1135
00:50:06,079 --> 00:50:09,040
stronger and stronger. Likewise the ADU

1136
00:50:09,040 --> 00:50:11,119
law has been amended recently to make it

1137
00:50:11,119 --> 00:50:13,119
stronger and stronger and that's the

1138
00:50:13,119 --> 00:50:14,559
environment that we're operating in

1139
00:50:14,559 --> 00:50:18,240
today. Um the in short the housing

1140
00:50:18,240 --> 00:50:20,720
accountability act or HAA requires that

1141
00:50:20,720 --> 00:50:23,119
when a project meets the objective

1142
00:50:23,119 --> 00:50:26,160
applicable standards it must be approved

1143
00:50:26,160 --> 00:50:28,720
at the density proposed. So in this case

1144
00:50:28,720 --> 00:50:30,960
you have a single family home and three

1145
00:50:30,960 --> 00:50:34,160
accessory units. Um

1146
00:50:34,160 --> 00:50:36,000
if the project meets the applicable

1147
00:50:36,000 --> 00:50:37,920
objective standards and this project

1148
00:50:37,920 --> 00:50:40,319
does. Um, I understand and respect that

1149
00:50:40,319 --> 00:50:42,480
staff has taken the position that the

1150
00:50:42,480 --> 00:50:44,319
project does not meet all standards

1151
00:50:44,319 --> 00:50:46,640
because it is requesting an exception to

1152
00:50:46,640 --> 00:50:50,000
the setback rule. But the way this works

1153
00:50:50,000 --> 00:50:52,480
under state law is if the project meets

1154
00:50:52,480 --> 00:50:55,040
the requirements for the exception,

1155
00:50:55,040 --> 00:50:57,359
then the setback rule is no longer

1156
00:50:57,359 --> 00:50:59,200
applicable because you qualify for the

1157
00:50:59,200 --> 00:51:01,440
exception. This project meets the

1158
00:51:01,440 --> 00:51:03,200
applicable requirements for the

1159
00:51:03,200 --> 00:51:06,160
exception. And you've heard uh in quite

1160
00:51:06,160 --> 00:51:08,720
a bit of written uh briefing from the

1161
00:51:08,720 --> 00:51:11,040
architect, you've heard in his uh

1162
00:51:11,040 --> 00:51:13,839
presentation just now why it qualifies

1163
00:51:13,839 --> 00:51:16,079
for the exception.

1164
00:51:16,079 --> 00:51:19,440
Um the project meets all of the

1165
00:51:19,440 --> 00:51:20,880
standards. And how do we know that?

1166
00:51:20,880 --> 00:51:23,440
Well, first it is deemed compliant by

1167
00:51:23,440 --> 00:51:26,240
operation of law. Under the Housing

1168
00:51:26,240 --> 00:51:29,200
Accountability Act, uh a city or county

1169
00:51:29,200 --> 00:51:32,240
has 30 days to decide and notify the

1170
00:51:32,240 --> 00:51:34,800
applicant if the project is compliant or

1171
00:51:34,800 --> 00:51:37,280
not compliant after the project is

1172
00:51:37,280 --> 00:51:38,880
complete. After the application is

1173
00:51:38,880 --> 00:51:42,079
complete, in this case, uh the project

1174
00:51:42,079 --> 00:51:44,319
was deemed complete by law on December

1175
00:51:44,319 --> 00:51:47,359
9, 2024 and confirmed in writing by

1176
00:51:47,359 --> 00:51:51,040
staff. uh the town did not provide an

1177
00:51:51,040 --> 00:51:53,680
inconsistency determination

1178
00:51:53,680 --> 00:51:57,280
uh within 30 days or by January 9, 2025.

1179
00:51:57,280 --> 00:52:00,240
The consequence of this is

1180
00:52:00,240 --> 00:52:03,200
final and certain under law the project

1181
00:52:03,200 --> 00:52:05,040
does comply with applicable

1182
00:52:05,040 --> 00:52:08,079
requirements. Um even if it didn't in

1183
00:52:08,079 --> 00:52:10,480
reality, the law says it does, but

1184
00:52:10,480 --> 00:52:12,400
thankfully in this case it actually does

1185
00:52:12,400 --> 00:52:15,200
meet the requirements. Um, and I note

1186
00:52:15,200 --> 00:52:16,480
that many of the standards are not

1187
00:52:16,480 --> 00:52:19,119
actually objective. Um, and I'll I'll

1188
00:52:19,119 --> 00:52:21,040
speak to that just briefly, but remember

1189
00:52:21,040 --> 00:52:23,040
it has to meet the applicable objective

1190
00:52:23,040 --> 00:52:25,200
standards here. The requirements for the

1191
00:52:25,200 --> 00:52:27,520
exception are largely subjective rather

1192
00:52:27,520 --> 00:52:30,160
than objective and therefore not

1193
00:52:30,160 --> 00:52:34,000
actually required under law. Um, so for

1194
00:52:34,000 --> 00:52:35,839
example, finding number one, no

1195
00:52:35,839 --> 00:52:38,160
conforming alternatives or alternatives

1196
00:52:38,160 --> 00:52:40,640
will cause greater environmental damage.

1197
00:52:40,640 --> 00:52:43,040
Um there's several terms that are not

1198
00:52:43,040 --> 00:52:45,599
actually defined in the code um and are

1199
00:52:45,599 --> 00:52:48,720
not as state law says quote uniformly

1200
00:52:48,720 --> 00:52:51,280
verifiable by reference to an external

1201
00:52:51,280 --> 00:52:54,160
and uniform benchmark or criterion

1202
00:52:54,160 --> 00:52:56,480
available and knowable by both the

1203
00:52:56,480 --> 00:52:58,800
development applicant or proponent and

1204
00:52:58,800 --> 00:53:02,400
the public official before submitt.

1205
00:53:02,400 --> 00:53:03,760
It's for that reason that a lot of

1206
00:53:03,760 --> 00:53:05,440
cities have been moving away from these

1207
00:53:05,440 --> 00:53:07,760
types of standards in recent years to

1208
00:53:07,760 --> 00:53:10,000
make them more objective, more concrete,

1209
00:53:10,000 --> 00:53:14,160
more defined. These are kind of an older

1210
00:53:14,160 --> 00:53:16,400
uh relic of the past the way that

1211
00:53:16,400 --> 00:53:19,680
they're phrased. And in some cases, they

1212
00:53:19,680 --> 00:53:24,559
may still apply to projects, but in this case, not. Uh finding number

1213
00:53:24,559 --> 00:53:28,079
two, no objective criteria uh to define

1214
00:53:28,079 --> 00:53:30,480
a significant environmental impact. the

1215
00:53:30,480 --> 00:53:33,440
applicant can't know if it if it meets

1216
00:53:33,440 --> 00:53:36,319
that standard or not in advance. Um,

1217
00:53:36,319 --> 00:53:38,480
finding number three, the exception will

1218
00:53:38,480 --> 00:53:40,480
cause no significant adverse impact on

1219
00:53:40,480 --> 00:53:43,280
the privacy of neighbors. We don't have

1220
00:53:43,280 --> 00:53:45,760
objective criteria in the municipal code

1221
00:53:45,760 --> 00:53:48,319
to explain what a a significant privacy

1222
00:53:48,319 --> 00:53:51,359
act uh impact on neighbors is. Now, this

1223
00:53:51,359 --> 00:53:53,680
project does not, for the record, have a

1224
00:53:53,680 --> 00:53:56,240
significant privacy impact. Uh, in fact,

1225
00:53:56,240 --> 00:53:57,839
this has been designed so that it's

1226
00:53:57,839 --> 00:54:00,240
pulled away as far as it can be. It's

1227
00:54:00,240 --> 00:54:02,720
through heavily wooded terrain, sloped

1228
00:54:02,720 --> 00:54:06,319
terrain. Um, you can't see the neighbors

1229
00:54:06,319 --> 00:54:08,160
from this project and the neighbors

1230
00:54:08,160 --> 00:54:10,400
cannot see the houses that are proposed

1231
00:54:10,400 --> 00:54:12,240
here. There's literally no privacy

1232
00:54:12,240 --> 00:54:15,119
impact. Um, you have in your packets a

1233
00:54:15,119 --> 00:54:18,160
visual study showing uh line of sight

1234
00:54:18,160 --> 00:54:20,160
from the project site to each

1235
00:54:20,160 --> 00:54:22,240
surrounding neighbor and all you can see

1236
00:54:22,240 --> 00:54:24,319
is trees. you you can't see the

1237
00:54:24,319 --> 00:54:26,720
neighboring houses. Um neighbors have

1238
00:54:26,720 --> 00:54:28,480
claimed that there will be a privacy

1239
00:54:28,480 --> 00:54:30,880
impact because they will drive by the

1240
00:54:30,880 --> 00:54:32,960
houses and look at the houses as they

1241
00:54:32,960 --> 00:54:35,119
drive by for approximately 5 seconds

1242
00:54:35,119 --> 00:54:37,680
that it takes to drive past.

1243
00:54:37,680 --> 00:54:39,520
It's not a privacy impact to drive by

1244
00:54:39,520 --> 00:54:44,480
and look at someone's home. Um or the possibility that someone sitting in

1245
00:54:44,480 --> 00:54:46,880
her house might look out at the road at

1246
00:54:46,880 --> 00:54:48,640
just the precise moment someone drives

1247
00:54:48,640 --> 00:54:50,800
by. That's not a privacy impact on the

1248
00:54:50,800 --> 00:54:53,200
car. and to tell this family that they

1249
00:54:53,200 --> 00:54:55,680
can't build a home uh because someone

1250
00:54:55,680 --> 00:54:57,440
might drive by and look at them, look at

1251
00:54:57,440 --> 00:54:58,960
their house for five seconds as they

1252
00:54:58,960 --> 00:55:00,720
drive past.

1253
00:55:00,720 --> 00:55:02,880
We all have homes that look at roads uh

1254
00:55:02,880 --> 00:55:04,800
and roads that can see our homes as they

1255
00:55:04,800 --> 00:55:08,640
go by. That's just not how it works.

1256
00:55:08,640 --> 00:55:11,280
Um additionally,

1257
00:55:11,280 --> 00:55:13,359
uh I mean some of these things like

1258
00:55:13,359 --> 00:55:15,680
consistent with the spirit and intent,

1259
00:55:15,680 --> 00:55:17,520
goals and objectives of the general

1260
00:55:17,520 --> 00:55:19,839
plan, this is this is textbook

1261
00:55:19,839 --> 00:55:22,079
subjective. Um, so these things don't

1262
00:55:22,079 --> 00:55:24,800
apply, but we mean it anyway. Um, as you

1263
00:55:24,800 --> 00:55:27,040
have at some length briefed in your

1264
00:55:27,040 --> 00:55:29,359
packets.

1265
00:55:29,359 --> 00:55:32,480
Next, state ADU law actually prohibits

1266
00:55:32,480 --> 00:55:34,000
imposing additional setback

1267
00:55:34,000 --> 00:55:36,000
requirements. It's a 4-oot setback

1268
00:55:36,000 --> 00:55:38,720
requirement. We are well past a 4oot

1269
00:55:38,720 --> 00:55:42,240
setback. That's state law. Um, and we're

1270
00:55:42,240 --> 00:55:45,839
giving as much setback as possible.

1271
00:55:45,839 --> 00:55:48,559
Next, the junior accessory dwelling unit

1272
00:55:48,559 --> 00:55:51,520
is being proposed as a with a setback

1273
00:55:51,520 --> 00:55:53,440
under disability law. This is a

1274
00:55:53,440 --> 00:55:55,440
requested disability accommodation under

1275
00:55:55,440 --> 00:55:57,760
the Americans with Disabilities Act and

1276
00:55:57,760 --> 00:56:00,480
comparable state law. Um, they have

1277
00:56:00,480 --> 00:56:02,720
family members with mobility impairments

1278
00:56:02,720 --> 00:56:04,880
who are going to be aging in place here

1279
00:56:04,880 --> 00:56:07,440
who need to be cited in this location so

1280
00:56:07,440 --> 00:56:09,359
that the garage is accessible from the

1281
00:56:09,359 --> 00:56:11,440
road and the building is attached to the

1282
00:56:11,440 --> 00:56:14,640
garage. their home has to be accessible

1283
00:56:14,640 --> 00:56:17,200
with an elevator from that garage cited

1284
00:56:17,200 --> 00:56:20,559
at the road location. Um, this is this

1285
00:56:20,559 --> 00:56:23,200
is federal and state law. Uh, it goes

1286
00:56:23,200 --> 00:56:30,549
beyond simply the zoning code.

1287
00:56:30,559 --> 00:56:34,480
Now, turning back to um kind of the

1288
00:56:34,480 --> 00:56:36,720
bigger picture,

1289
00:56:36,720 --> 00:56:39,200
the town's housing element

1290
00:56:39,200 --> 00:56:44,720
committed in program H6.2 2. C uh by the

1291
00:56:44,720 --> 00:56:47,599
end of 2025 to change the setback

1292
00:56:47,599 --> 00:56:50,160
requirements. The town is committed to

1293
00:56:50,160 --> 00:56:53,119
change uh from the nor the the current

1294
00:56:53,119 --> 00:56:55,440
50- foot requirement to the Woodside

1295
00:56:55,440 --> 00:56:58,720
Glenn's model uh with reduced setbacks.

1296
00:56:58,720 --> 00:57:00,480
It committed to do that by the end of

1297
00:57:00,480 --> 00:57:02,880
last year. The town is in violation

1298
00:57:02,880 --> 00:57:04,960
currently of its housing element

1299
00:57:04,960 --> 00:57:07,520
commitment to the state. And for the

1300
00:57:07,520 --> 00:57:09,760
town to then deny an exception that

1301
00:57:09,760 --> 00:57:12,240
allows a home to be built in general

1302
00:57:12,240 --> 00:57:14,960
conformity with that commitment.

1303
00:57:14,960 --> 00:57:17,200
I mean that that's a that's something to

1304
00:57:17,200 --> 00:57:20,799
be careful of. uh HCD, the housing and

1305
00:57:20,799 --> 00:57:22,880
community development department, has

1306
00:57:22,880 --> 00:57:25,680
authority to revoke uh housing element

1307
00:57:25,680 --> 00:57:28,000
compliance, which would subject the town

1308
00:57:28,000 --> 00:57:30,079
to the builder's remedy, meaning that

1309
00:57:30,079 --> 00:57:32,000
none of the local zoning standards apply

1310
00:57:32,000 --> 00:57:35,040
and people can build big buildings

1311
00:57:35,040 --> 00:57:37,359
basically wherever they want. Uh there

1312
00:57:37,359 --> 00:57:40,000
are there are major financial penalties,

1313
00:57:40,000 --> 00:57:43,280
monthly, massive financial penalties uh

1314
00:57:43,280 --> 00:57:45,680
that could apply loss of funds from the

1315
00:57:45,680 --> 00:57:47,520
state and there are a lot of bad things.

1316
00:57:47,520 --> 00:57:49,200
We don't we don't want the town to go

1317
00:57:49,200 --> 00:57:50,400
out of compliance with the housing

1318
00:57:50,400 --> 00:57:52,799
element. So I think for that reason it's

1319
00:57:52,799 --> 00:57:54,880
important to show the state that even if

1320
00:57:54,880 --> 00:57:57,119
the town has not complied with that

1321
00:57:57,119 --> 00:57:59,119
obligation by the date they said they

1322
00:57:59,119 --> 00:58:01,599
would, they're at least honoring it in

1323
00:58:01,599 --> 00:58:04,319
spirit with I think the first project to

1324
00:58:04,319 --> 00:58:06,640
come along to ask uh about that

1325
00:58:06,640 --> 00:58:08,480
qualification about that setback

1326
00:58:08,480 --> 00:58:11,589
requirement

1327
00:58:11,599 --> 00:58:13,839
beyond HCD even to the project

1328
00:58:13,839 --> 00:58:17,520
applicants to this family. If the

1329
00:58:17,520 --> 00:58:19,760
exception is not granted and the

1330
00:58:19,760 --> 00:58:22,000
requirement is you have to build on a

1331
00:58:22,000 --> 00:58:23,920
50-ft slope, you have to do massive

1332
00:58:23,920 --> 00:58:25,520
amounts of excavation and retaining

1333
00:58:25,520 --> 00:58:28,319
walls, you have to cut down significant

1334
00:58:28,319 --> 00:58:30,400
redwood trees and a significant number

1335
00:58:30,400 --> 00:58:32,559
of significant redwood trees. If that's

1336
00:58:32,559 --> 00:58:33,920
what the town is going to tell this

1337
00:58:33,920 --> 00:58:36,400
family tonight,

1338
00:58:36,400 --> 00:58:40,799
that is infeasible for them to build. If the town is going to tell them they

1339
00:58:40,799 --> 00:58:43,040
can't position their their parents'

1340
00:58:43,040 --> 00:58:46,400
home, the JADU, in a location that is

1341
00:58:46,400 --> 00:58:48,319
accessible to them with mobility

1342
00:58:48,319 --> 00:58:50,720
impairments, it's not a feasible

1343
00:58:50,720 --> 00:58:53,680
project. And the consequence of denying

1344
00:58:53,680 --> 00:58:56,000
a feasible a project, rendering it

1345
00:58:56,000 --> 00:58:58,640
infeasible in this way, is significant

1346
00:58:58,640 --> 00:59:00,880
financial penalties. If there were a

1347
00:59:00,880 --> 00:59:03,920
Housing Accountability Act lawsuit, we

1348
00:59:03,920 --> 00:59:07,040
would be looking at $50,000 per unit in

1349
00:59:07,040 --> 00:59:08,640
addition to the attorney's fees, which

1350
00:59:08,640 --> 00:59:11,119
would probably even dwarf that amount in

1351
00:59:11,119 --> 00:59:12,480
addition to the town's own attorney's

1352
00:59:12,480 --> 00:59:15,920
fees. Um, so it's, you know, it's it's

1353
00:59:15,920 --> 00:59:19,200
not an inconsequential thing. Um, again,

1354
00:59:19,200 --> 00:59:20,799
I appreciate staff has really grappled

1355
00:59:20,799 --> 00:59:22,880
with these issues and I think found a

1356
00:59:22,880 --> 00:59:25,599
good solution. Uh, we we do have some

1357
00:59:25,599 --> 00:59:27,280
issues with a couple of the conditions

1358
00:59:27,280 --> 00:59:29,280
which you'll hear from the applicant. Uh

1359
00:59:29,280 --> 00:59:32,000
but the project itself is a good one and

1360
00:59:32,000 --> 00:59:34,480
it is sensitively located to minimize

1361
00:59:34,480 --> 00:59:36,480
environmental impact and impact to the

1362
00:59:36,480 --> 00:59:38,640
neighbors. Thank you very much.

1363
00:59:38,640 --> 00:59:42,789
>> Thank you.

1364
00:59:42,799 --> 00:59:45,440
» Any other members of the team? Kristen

1365
00:59:45,440 --> 00:59:46,960
or David?

1366
00:59:46,960 --> 00:59:50,000
>> Hi Kristen. Welcome.

1367
00:59:50,000 --> 00:59:53,990
>> Yeah.

1368
00:59:54,000 --> 00:59:56,880
» Good evening Mayor and council members.

1369
00:59:56,880 --> 00:59:59,200
I'm afraid I left the blue hats at home

1370
00:59:59,200 --> 01:00:01,920
for the opposing team. I won't take too

1371
01:00:01,920 --> 01:00:03,839
much time to speak, particularly on the

1372
01:00:03,839 --> 01:00:05,680
technical and legal basis for our

1373
01:00:05,680 --> 01:00:07,920
appeal. Indeed, there is a tome of

1374
01:00:07,920 --> 01:00:10,400
documents that speaks to that rivaling

1375
01:00:10,400 --> 01:00:12,240
my organic chemistry textbook from

1376
01:00:12,240 --> 01:00:14,480
college in its length. Instead, I will

1377
01:00:14,480 --> 01:00:16,240
speak the same message that I began this

1378
01:00:16,240 --> 01:00:19,920
process with in 2019. Put simply, I want

1379
01:00:19,920 --> 01:00:22,319
to build a house for my family on my

1380
01:00:22,319 --> 01:00:24,319
property, and I want to build housing

1381
01:00:24,319 --> 01:00:26,079
for those who could not otherwise afford

1382
01:00:26,079 --> 01:00:28,480
to live in the area. The family who

1383
01:00:28,480 --> 01:00:30,480
intends to inhabit this house, hopefully

1384
01:00:30,480 --> 01:00:32,720
for many years to come, includes my

1385
01:00:32,720 --> 01:00:35,119
in-laws, John and Nan. We have all been

1386
01:00:35,119 --> 01:00:37,680
living together since 2020, building the

1387
01:00:37,680 --> 01:00:39,280
village that people talk about when it

1388
01:00:39,280 --> 01:00:41,920
comes time to raise a family. Elements

1389
01:00:41,920 --> 01:00:43,920
of the design are specifically there to

1390
01:00:43,920 --> 01:00:45,760
accommodate the mobility needs of my

1391
01:00:45,760 --> 01:00:48,160
family. They are not optional fat to be

1392
01:00:48,160 --> 01:00:50,640
trimmed off on the whims of neighbors.

1393
01:00:50,640 --> 01:00:52,400
The additional housing that we can build

1394
01:00:52,400 --> 01:00:54,720
is a way to keep valued members of the

1395
01:00:54,720 --> 01:00:57,760
community here. People who cannot afford

1396
01:00:57,760 --> 01:00:59,520
to purchase a property but nonetheless

1397
01:00:59,520 --> 01:01:02,640
are rooted here. Teachers, retirees,

1398
01:01:02,640 --> 01:01:05,040
craftsmen, people deserve the

1399
01:01:05,040 --> 01:01:07,119
opportunity for and the dignity of

1400
01:01:07,119 --> 01:01:09,599
housing. Furthermore, our inclusion of

1401
01:01:09,599 --> 01:01:11,760
those units was a response to the town's

1402
01:01:11,760 --> 01:01:13,920
directive to create housing through

1403
01:01:13,920 --> 01:01:16,559
ADUs, not condominiums.

1404
01:01:16,559 --> 01:01:18,240
Fundamentally, we come before the town

1405
01:01:18,240 --> 01:01:20,319
council to ask for relief, a difference

1406
01:01:20,319 --> 01:01:22,799
of approximately 20 ft from where the

1407
01:01:22,799 --> 01:01:25,200
building is cited. This makes no

1408
01:01:25,200 --> 01:01:26,720
material difference in how the building

1409
01:01:26,720 --> 01:01:29,280
appears from the road. A road which is

1410
01:01:29,280 --> 01:01:30,799
private,

1411
01:01:30,799 --> 01:01:33,440
which is owned by us, with only two

1412
01:01:33,440 --> 01:01:35,680
houses beyond. I find it astonishing

1413
01:01:35,680 --> 01:01:37,280
that a family house with additional

1414
01:01:37,280 --> 01:01:39,920
allowable units has garnered so much

1415
01:01:39,920 --> 01:01:42,480
ugliness and to be sure public comment

1416
01:01:42,480 --> 01:01:44,160
for this project might be best described

1417
01:01:44,160 --> 01:01:47,119
as a crucifixion in 26x.

1418
01:01:47,119 --> 01:01:48,720
The only project that has come before

1419
01:01:48,720 --> 01:01:50,799
the town's decision-making bodies for

1420
01:01:50,799 --> 01:01:53,119
building that has drawn more commentary

1421
01:01:53,119 --> 01:01:55,359
and public input has been Roberts and

1422
01:01:55,359 --> 01:01:58,160
Bucks. The burdens of proof put upon us

1423
01:01:58,160 --> 01:02:00,240
are magnitudes greater than any

1424
01:02:00,240 --> 01:02:02,720
equivalent project. I am grateful that

1425
01:02:02,720 --> 01:02:04,160
the council will hear this appeal

1426
01:02:04,160 --> 01:02:06,000
tonight examining the facts in front of

1427
01:02:06,000 --> 01:02:09,200
them. Denovo, thank you very much.

1428
01:02:09,200 --> 01:02:12,630
>> Thank you,

1429
01:02:12,640 --> 01:02:25,030
David.

1430
01:02:25,040 --> 01:02:26,640
Like the only one that has to adjust the

1431
01:02:26,640 --> 01:02:33,270
mic.

1432
01:02:33,280 --> 01:02:35,760
Council members, over the last 18

1433
01:02:35,760 --> 01:02:37,119
months, some have questioned my

1434
01:02:37,119 --> 01:02:38,880
character and others have raised

1435
01:02:38,880 --> 01:02:47,599
concerns about my ethics. Facts have been twisted. History has

1436
01:02:47,599 --> 01:02:50,000
been revised. Tonight, I ask you to

1437
01:02:50,000 --> 01:02:52,319
reflect on my record of service. Trust

1438
01:02:52,319 --> 01:02:54,160
is demonstrated through actions, not

1439
01:02:54,160 --> 01:02:56,000
just words.

1440
01:02:56,000 --> 01:02:58,079
I have taken the oath of office four

1441
01:02:58,079 --> 01:02:59,440
times.

1442
01:02:59,440 --> 01:03:02,000
to serve both our country and this town.

1443
01:03:02,000 --> 01:03:03,839
I have taken the oath of office three

1444
01:03:03,839 --> 01:03:06,720
times after 911, during Operation During

1445
01:03:06,720 --> 01:03:08,880
Freedom, most recently as a naval

1446
01:03:08,880 --> 01:03:10,640
officer.

1447
01:03:10,640 --> 01:03:12,960
I swore to serve witside with integrity,

1448
01:03:12,960 --> 01:03:14,720
fairness, and transparency, upholding

1449
01:03:14,720 --> 01:03:18,160
the general plan and ordinances.

1450
01:03:18,160 --> 01:03:20,480
Both both call for true faith and

1451
01:03:20,480 --> 01:03:22,960
allegiance, holding me to high standards

1452
01:03:22,960 --> 01:03:25,520
of honor and integrity.

1453
01:03:25,520 --> 01:03:27,680
I am guided by the Navy's core values,

1454
01:03:27,680 --> 01:03:29,920
honor, courage, and commitment. These

1455
01:03:29,920 --> 01:03:31,839
values inform all of my decisions and

1456
01:03:31,839 --> 01:03:33,680
actions. Sailors are accountable for

1457
01:03:33,680 --> 01:03:35,760
their actions and are expected to serve

1458
01:03:35,760 --> 01:03:37,599
with integrity, taking full

1459
01:03:37,599 --> 01:03:39,920
responsibility, and keeping their word.

1460
01:03:39,920 --> 01:03:41,680
That includes my promise of building a

1461
01:03:41,680 --> 01:03:43,760
house for Kristen on the property that

1462
01:03:43,760 --> 01:03:48,000
our family has owned for over 50 years.

1463
01:03:48,000 --> 01:03:49,920
We act in the nation's best interest,

1464
01:03:49,920 --> 01:03:51,680
upholding high standards and using

1465
01:03:51,680 --> 01:03:53,760
entrusted resources honestly and

1466
01:03:53,760 --> 01:03:55,359
efficiently.

1467
01:03:55,359 --> 01:03:57,440
My position requires a 10-year

1468
01:03:57,440 --> 01:03:59,839
background investigation and continuous

1469
01:03:59,839 --> 01:04:02,240
polygraphs.

1470
01:04:02,240 --> 01:04:04,000
I strive for positive change and

1471
01:04:04,000 --> 01:04:06,160
improvement. That's why I attended every

1472
01:04:06,160 --> 01:04:08,559
council hearing on the housing element

1473
01:04:08,559 --> 01:04:11,119
to understand the council's goals when

1474
01:04:11,119 --> 01:04:13,920
updating the general plan. Tonight, I

1475
01:04:13,920 --> 01:04:16,000
appear before you as someone who abides

1476
01:04:16,000 --> 01:04:18,400
by the Navy's core values and has earned

1477
01:04:18,400 --> 01:04:22,000
the Navy's trust and yours. This council

1478
01:04:22,000 --> 01:04:24,240
also unanimously selected me to serve

1479
01:04:24,240 --> 01:04:27,440
Woodside by appointing me to the ASRB.

1480
01:04:27,440 --> 01:04:30,480
This is who I am. My words and actions,

1481
01:04:30,480 --> 01:04:32,160
both here and elsewhere, show my

1482
01:04:32,160 --> 01:04:33,680
commitment to service, integrity, and

1483
01:04:33,680 --> 01:04:36,400
the trust you have placed in me.

1484
01:04:36,400 --> 01:04:39,200
So, trust the words I say and trust the

1485
01:04:39,200 --> 01:04:43,039
words of my team.

1486
01:04:43,039 --> 01:04:44,480
This project has evolved through

1487
01:04:44,480 --> 01:04:46,160
multiple conceptual reviews and design

1488
01:04:46,160 --> 01:04:48,880
updates over the past 18 months.

1489
01:04:48,880 --> 01:04:50,799
We began initially planning in early

1490
01:04:50,799 --> 01:04:52,960
2019 and submitted our first conceptual

1491
01:04:52,960 --> 01:04:55,599
review in 2020. Through ongoing

1492
01:04:55,599 --> 01:04:57,280
feedback, we updated the designs and

1493
01:04:57,280 --> 01:04:59,119
setbacks periodically, making the most

1494
01:04:59,119 --> 01:05:02,319
recent revisions in July 2025 to comply

1495
01:05:02,319 --> 01:05:04,880
with the town code, town goals, and

1496
01:05:04,880 --> 01:05:06,720
state law.

1497
01:05:06,720 --> 01:05:09,359
Unfortunately, by pushing the attach as

1498
01:05:09,359 --> 01:05:11,680
far back as possible while still staying

1499
01:05:11,680 --> 01:05:14,720
out of 35% slopes, we had to give up our

1500
01:05:14,720 --> 01:05:17,039
goal of not cutting down any healthy

1501
01:05:17,039 --> 01:05:19,520
significant redwood retreats.

1502
01:05:19,520 --> 01:05:21,119
Woodside is committed to meet state

1503
01:05:21,119 --> 01:05:23,280
housing requirements mainly through ADUs

1504
01:05:23,280 --> 01:05:25,680
as specified in the housing element. Our

1505
01:05:25,680 --> 01:05:28,240
project four units on 10 acres includes

1506
01:05:28,240 --> 01:05:31,039
two ADUs, one JADU aligns with the

1507
01:05:31,039 --> 01:05:34,000
town's preference with for low density

1508
01:05:34,000 --> 01:05:37,440
ADU focused growth.

1509
01:05:37,440 --> 01:05:40,480
I have firsthand experience with fire.

1510
01:05:40,480 --> 01:05:42,319
From my time as a volunteer firefighter

1511
01:05:42,319 --> 01:05:44,000
and from damage control training in the

1512
01:05:44,000 --> 01:05:46,400
Navy. While I was underway, there was a

1513
01:05:46,400 --> 01:05:48,960
fire on my ship.

1514
01:05:48,960 --> 01:05:52,240
Excuse me, my boat. I was a Submariner.

1515
01:05:52,240 --> 01:05:54,240
We are acutely aware of the fire danger

1516
01:05:54,240 --> 01:05:56,160
in the area, which is why we developed a

1517
01:05:56,160 --> 01:05:58,480
vegetation management plan independent

1518
01:05:58,480 --> 01:06:01,280
of this project in 2024 and have gone

1519
01:06:01,280 --> 01:06:03,039
above and beyond the requirements of

1520
01:06:03,039 --> 01:06:06,160
today's fires safe building code. As Jim

1521
01:06:06,160 --> 01:06:08,079
can attest, I have not budged on the

1522
01:06:08,079 --> 01:06:10,400
self-imposed requirements, including

1523
01:06:10,400 --> 01:06:12,480
exterior walls for the two-hour fire

1524
01:06:12,480 --> 01:06:16,720
rating and exterior fire sprinklers, a

1525
01:06:16,720 --> 01:06:18,640
system credited with saving over a dozen

1526
01:06:18,640 --> 01:06:25,190
homes in the Palisades fire.

1527
01:06:25,200 --> 01:06:26,960
Last September, I spoke about our

1528
01:06:26,960 --> 01:06:29,119
dedicated staff and noted that only four

1529
01:06:29,119 --> 01:06:31,599
positions pay at or above the county

1530
01:06:31,599 --> 01:06:35,039
median income for a family of four.

1531
01:06:35,039 --> 01:06:36,960
In both the Woodside and Molen Valley

1532
01:06:36,960 --> 01:06:38,480
school districts, the pay tables don't

1533
01:06:38,480 --> 01:06:41,680
even list the median family income. Many

1534
01:06:41,680 --> 01:06:43,920
town staff commute from places like San

1535
01:06:43,920 --> 01:06:46,960
Francisco and Half Moon Bay. Our son's

1536
01:06:46,960 --> 01:06:49,039
teacher drives in from Hayward every

1537
01:06:49,039 --> 01:06:51,920
single day.

1538
01:06:51,920 --> 01:06:53,680
If you review the minutes from our first

1539
01:06:53,680 --> 01:06:56,240
ASRB meeting hearing in 2020, you'll see

1540
01:06:56,240 --> 01:06:58,160
we always discuss bringing affordable

1541
01:06:58,160 --> 01:06:59,359
housing to Woodside through this

1542
01:06:59,359 --> 01:07:02,000
project. Our goal has always been to

1543
01:07:02,000 --> 01:07:03,680
provide homes for fixed income seniors

1544
01:07:03,680 --> 01:07:05,760
like my parents, teachers, first

1545
01:07:05,760 --> 01:07:08,240
responders, students, veterans, and

1546
01:07:08,240 --> 01:07:09,760
others who serve our community through a

1547
01:07:09,760 --> 01:07:11,520
missing middle housing project because

1548
01:07:11,520 --> 01:07:14,480
that's what this is. We specifically

1549
01:07:14,480 --> 01:07:16,400
designed two units to be accessible for

1550
01:07:16,400 --> 01:07:19,200
those with dis with with disabilities.

1551
01:07:19,200 --> 01:07:22,160
Our project is listed first as an

1552
01:07:22,160 --> 01:07:24,160
affordable housing pipeline project in

1553
01:07:24,160 --> 01:07:27,599
the housing element on page G10

1554
01:07:27,599 --> 01:07:29,680
adding two units of very lowincome

1555
01:07:29,680 --> 01:07:32,319
housing. This proposal achieves the

1556
01:07:32,319 --> 01:07:34,160
outcome described in the adopted housing

1557
01:07:34,160 --> 01:07:37,280
element. When the, as Kristen said, when

1558
01:07:37,280 --> 01:07:39,680
the town approved four ADUs on large

1559
01:07:39,680 --> 01:07:41,760
parcels, we included two more ADUs in

1560
01:07:41,760 --> 01:07:44,079
our master plan, which the ASB had

1561
01:07:44,079 --> 01:07:47,359
already approved in 2021

1562
01:07:47,359 --> 01:07:49,200
as we and we were preparing for formal

1563
01:07:49,200 --> 01:07:51,119
design review. We did this because we

1564
01:07:51,119 --> 01:07:53,039
felt it was our civic duty to help the

1565
01:07:53,039 --> 01:07:54,880
town achieve its housing goals through

1566
01:07:54,880 --> 01:07:58,559
ADUs rather than multifamily buildings.

1567
01:07:58,559 --> 01:08:00,559
Despite the approved part of the project

1568
01:08:00,559 --> 01:08:02,640
having no material changes, which is the

1569
01:08:02,640 --> 01:08:06,079
part ironically you are looking at for a

1570
01:08:06,079 --> 01:08:08,480
setback exception,

1571
01:08:08,480 --> 01:08:09,920
submitting the master plan for the

1572
01:08:09,920 --> 01:08:12,799
property as the town encourages started

1573
01:08:12,799 --> 01:08:15,200
a second conceptual review process over

1574
01:08:15,200 --> 01:08:18,480
a year ago. The detached ADUs are at

1575
01:08:18,480 --> 01:08:20,480
that we added aren't even up for

1576
01:08:20,480 --> 01:08:22,640
discussion since they are only part of

1577
01:08:22,640 --> 01:08:25,520
the application for ministerial review.

1578
01:08:25,520 --> 01:08:27,359
Unfortunately, when the town passed the

1579
01:08:27,359 --> 01:08:29,359
ordinance relaxing the downhill plate

1580
01:08:29,359 --> 01:08:32,159
height for ADUs on downhill slopes, we

1581
01:08:32,159 --> 01:08:34,799
did not we I include myself in that. I

1582
01:08:34,799 --> 01:08:36,880
was at those meetings did not account

1583
01:08:36,880 --> 01:08:38,640
for a split level structure with two

1584
01:08:38,640 --> 01:08:41,199
ADUs in the same footprint.

1585
01:08:41,199 --> 01:08:42,799
Something that is achievable on a

1586
01:08:42,799 --> 01:08:44,480
downhill slope while maintaining the

1587
01:08:44,480 --> 01:08:47,199
one-story uphill plate height. So to

1588
01:08:47,199 --> 01:08:48,960
eliminate the variance that that second

1589
01:08:48,960 --> 01:08:54,789
ADU would require, we removed it.

1590
01:08:54,799 --> 01:08:57,120
Ryan talked about the housing program

1591
01:08:57,120 --> 01:08:59,759
that we have failed to accomplish.

1592
01:08:59,759 --> 01:09:02,400
We are in this meeting today in 2026

1593
01:09:02,400 --> 01:09:04,319
because

1594
01:09:04,319 --> 01:09:07,279
we didn't do it and that delay has force

1595
01:09:07,279 --> 01:09:09,120
applicants like us to seek hearings like

1596
01:09:09,120 --> 01:09:10,640
this and relief that should already be

1597
01:09:10,640 --> 01:09:12,480
handled administratively.

1598
01:09:12,480 --> 01:09:14,480
Our project would comply with the town's

1599
01:09:14,480 --> 01:09:16,400
30-foot setback requirement for Woodside

1600
01:09:16,400 --> 01:09:18,880
Glenns, but it was not adopted in the

1601
01:09:18,880 --> 01:09:22,080
Western Hills promise.

1602
01:09:22,080 --> 01:09:24,080
There's a question about whether the HA

1603
01:09:24,080 --> 01:09:26,960
applies in a single family home. Staff

1604
01:09:26,960 --> 01:09:29,759
has an opinion. Ryan has an opinion with

1605
01:09:29,759 --> 01:09:32,960
a quote from the HCD technical advisory

1606
01:09:32,960 --> 01:09:35,359
in their FAQ section. Does the Housing

1607
01:09:35,359 --> 01:09:36,880
Accountability Act apply to an

1608
01:09:36,880 --> 01:09:38,960
application that includes both single

1609
01:09:38,960 --> 01:09:41,199
family resident residence and an

1610
01:09:41,199 --> 01:09:44,319
accessory dwelling unit? Yes, since an

1611
01:09:44,319 --> 01:09:46,319
application for both a single family

1612
01:09:46,319 --> 01:09:49,279
residence and an ADU includes more than

1613
01:09:49,279 --> 01:09:54,000
one residential unit, the HAA applies.

1614
01:09:54,000 --> 01:09:56,000
As such, it is protected from denial

1615
01:09:56,000 --> 01:09:58,239
unless a preponderance of evidence shows

1616
01:09:58,239 --> 01:10:01,360
that a specific adverse health or safety

1617
01:10:01,360 --> 01:10:04,080
impact cannot be mitigated, and there's

1618
01:10:04,080 --> 01:10:08,159
none that exists for our project.

1619
01:10:08,159 --> 01:10:09,840
Some have argued that our project does

1620
01:10:09,840 --> 01:10:11,520
not meet local objective standards

1621
01:10:11,520 --> 01:10:13,440
because the zoning code requires us to

1622
01:10:13,440 --> 01:10:16,719
request an exception. However, the

1623
01:10:16,719 --> 01:10:18,560
zoning code does not match the general

1624
01:10:18,560 --> 01:10:20,800
plan. In other words, it is not

1625
01:10:20,800 --> 01:10:22,960
vertically consistent with the general

1626
01:10:22,960 --> 01:10:25,840
plan, a situation considered in the

1627
01:10:25,840 --> 01:10:28,400
housing accountability act. Our housing

1628
01:10:28,400 --> 01:10:30,080
element calls for updating the western

1629
01:10:30,080 --> 01:10:32,239
hills outdated rules to align with the

1630
01:10:32,239 --> 01:10:34,320
Woodside Glenn template. Before

1631
01:10:34,320 --> 01:10:35,920
incorporation, the western hills were

1632
01:10:35,920 --> 01:10:37,520
subject to San Antonio County's much

1633
01:10:37,520 --> 01:10:40,239
more relaxed setback standards of 25

1634
01:10:40,239 --> 01:10:41,679
feet in the front, five feet on the

1635
01:10:41,679 --> 01:10:44,800
sides, and 20 feet in the back.

1636
01:10:44,800 --> 01:10:46,560
And that's why most of the Western Hill

1637
01:10:46,560 --> 01:10:49,520
properties don't meet today's standards,

1638
01:10:49,520 --> 01:10:51,280
including those in the vicinity of Still

1639
01:10:51,280 --> 01:10:56,229
Creek. These differences show

1640
01:10:56,239 --> 01:10:58,640
why vertical consistency in the housing

1641
01:10:58,640 --> 01:11:00,880
accountability act matters. Local

1642
01:11:00,880 --> 01:11:03,520
decisions much must match local policy.

1643
01:11:03,520 --> 01:11:05,600
housing goals and state law. This

1644
01:11:05,600 --> 01:11:08,640
protects the housing goals you set in

1645
01:11:08,640 --> 01:11:17,270
the general plan.

1646
01:11:17,280 --> 01:11:19,679
Our project is located on a private road

1647
01:11:19,679 --> 01:11:22,480
that we own and over which our neighbors

1648
01:11:22,480 --> 01:11:25,520
have easements. These properties, three

1649
01:11:25,520 --> 01:11:26,880
properties have rightway easements

1650
01:11:26,880 --> 01:11:28,960
across our land and building site, while

1651
01:11:28,960 --> 01:11:30,719
others have implied easements on parts

1652
01:11:30,719 --> 01:11:32,480
of Sopre Road that do not cross the

1653
01:11:32,480 --> 01:11:34,640
building site. And none of the HOA

1654
01:11:34,640 --> 01:11:36,480
members behind me have easements on that

1655
01:11:36,480 --> 01:11:38,400
road.

1656
01:11:38,400 --> 01:11:40,080
We have held multiple Zoom calls,

1657
01:11:40,080 --> 01:11:41,760
sitewalks, and kitchen meetings to

1658
01:11:41,760 --> 01:11:43,120
discuss the project with Still Creek

1659
01:11:43,120 --> 01:11:46,480
neighbors. Despite contrary claims, many

1660
01:11:46,480 --> 01:11:48,000
Skyrimacres neighbors have expressed

1661
01:11:48,000 --> 01:11:50,080
concern about this project. But those

1662
01:11:50,080 --> 01:11:52,080
concerns only emerged after our Steel

1663
01:11:52,080 --> 01:11:53,920
Creek neighbors determined, as quoted

1664
01:11:53,920 --> 01:11:56,480
from an ASRB meeting, that their private

1665
01:11:56,480 --> 01:12:00,400
forest should remain undisturbed.

1666
01:12:00,400 --> 01:12:02,080
Project opponents argue we should have

1667
01:12:02,080 --> 01:12:03,360
reached out to them because they reside

1668
01:12:03,360 --> 01:12:05,679
in the surrounding area. Yet, they

1669
01:12:05,679 --> 01:12:07,840
argued Skyward Acres wasn't the

1670
01:12:07,840 --> 01:12:09,440
surrounding area. At the planning

1671
01:12:09,440 --> 01:12:11,679
commission meeting,

1672
01:12:11,679 --> 01:12:13,360
the planning commission decided that the

1673
01:12:13,360 --> 01:12:14,960
surrounding area consisted only of the

1674
01:12:14,960 --> 01:12:16,960
homes on the parcel map for Still Creek

1675
01:12:16,960 --> 01:12:20,239
Road, not all those in Skyward acres.

1676
01:12:20,239 --> 01:12:22,159
But this is the first time across the

1677
01:12:22,159 --> 01:12:24,719
entire 17-year record of the current way

1678
01:12:24,719 --> 01:12:27,440
we grant setback resolutions that a

1679
01:12:27,440 --> 01:12:30,560
project was redefined

1680
01:12:30,560 --> 01:12:33,040
based on the recorded parcel map as a

1681
01:12:33,040 --> 01:12:35,760
reference to exclude identically zone

1682
01:12:35,760 --> 01:12:39,679
adjacent lots. the first time.

1683
01:12:39,679 --> 01:12:41,280
If the planning commission had accepted

1684
01:12:41,280 --> 01:12:43,360
the surrounding area encompassed by

1685
01:12:43,360 --> 01:12:45,199
Skyward Acres as it as it has

1686
01:12:45,199 --> 01:12:47,280
historically by looking at properties

1687
01:12:47,280 --> 01:12:50,239
within a quarter mile radius, Finding 1C

1688
01:12:50,239 --> 01:12:51,679
would have been supported by the pattern

1689
01:12:51,679 --> 01:12:54,000
of development as many of the homes in

1690
01:12:54,000 --> 01:12:55,679
Skyward Acres do not comply with the

1691
01:12:55,679 --> 01:12:58,080
current 5ft setback requirements because

1692
01:12:58,080 --> 01:12:59,679
they were built when they were part of

1693
01:12:59,679 --> 01:13:02,719
the county.

1694
01:13:02,719 --> 01:13:04,480
But looking at Steel Creek on its own,

1695
01:13:04,480 --> 01:13:06,480
every house has some nonconformity,

1696
01:13:06,480 --> 01:13:08,320
whether it's setbacks, slopes, or

1697
01:13:08,320 --> 01:13:11,280
variances. 105 Sunrise, three Still

1698
01:13:11,280 --> 01:13:14,560
Creek, 35 Steel Creek, and 95 Skyward

1699
01:13:14,560 --> 01:13:17,920
all have setbacks that are less than 50

1700
01:13:17,920 --> 01:13:20,880
ft. 95 Skyward is built in the slopes

1701
01:13:20,880 --> 01:13:24,320
greater than 50% slope.

1702
01:13:24,320 --> 01:13:27,120
I never found the variance for that.

1703
01:13:27,120 --> 01:13:29,280
Seven and 45 Still Creek have driveway

1704
01:13:29,280 --> 01:13:31,280
exceptions and 45 Still Creek was built

1705
01:13:31,280 --> 01:13:33,679
on an active landslide.

1706
01:13:33,679 --> 01:13:35,440
Our request is consistent with

1707
01:13:35,440 --> 01:13:38,320
long-standing precedent in the area. The

1708
01:13:38,320 --> 01:13:40,080
question before you is simple. Are we

1709
01:13:40,080 --> 01:13:42,080
entitled to build our house in the front

1710
01:13:42,080 --> 01:13:45,280
step? Are we entitled to some relief for

1711
01:13:45,280 --> 01:13:48,159
our challenging lot like our neighbors

1712
01:13:48,159 --> 01:13:50,560
have enjoyed relief? It's a question of

1713
01:13:50,560 --> 01:13:56,709
entitlements. It's that simple.

1714
01:13:56,719 --> 01:13:58,960
Given all this, denying our project over

1715
01:13:58,960 --> 01:14:01,679
setbacks would be unfair and counter to

1716
01:14:01,679 --> 01:14:04,000
the goals of the housing element that we

1717
01:14:04,000 --> 01:14:06,880
set in our housing element. Our proposal

1718
01:14:06,880 --> 01:14:08,800
fits the neighborhood is supported by

1719
01:14:08,800 --> 01:14:10,560
the housing element and request relief

1720
01:14:10,560 --> 01:14:13,920
only for setbacks. If the town had

1721
01:14:13,920 --> 01:14:15,679
already updated setback standards as

1722
01:14:15,679 --> 01:14:18,000
planned as promised to HCD, no exception

1723
01:14:18,000 --> 01:14:19,920
would be needed.

1724
01:14:19,920 --> 01:14:21,920
This room behind

1725
01:14:21,920 --> 01:14:24,080
the crowd behind me reminds me of the

1726
01:14:24,080 --> 01:14:26,320
crowd that you had during the housing

1727
01:14:26,320 --> 01:14:28,719
element and the upzoning meetings we had

1728
01:14:28,719 --> 01:14:30,640
for the three high density areas in

1729
01:14:30,640 --> 01:14:33,600
town. As a veteran and current naval

1730
01:14:33,600 --> 01:14:35,600
officer, I have always looked for ways

1731
01:14:35,600 --> 01:14:38,239
to serve our community as a civilian.

1732
01:14:38,239 --> 01:14:40,080
Tonight, our shared mission is to turn

1733
01:14:40,080 --> 01:14:42,560
the town's housing vision into action.

1734
01:14:42,560 --> 01:14:44,400
This project fulfills those values and

1735
01:14:44,400 --> 01:14:46,560
advances our commitment to the public

1736
01:14:46,560 --> 01:14:49,360
and the state. I urge you to stand by

1737
01:14:49,360 --> 01:14:51,199
your promises and approve this project

1738
01:14:51,199 --> 01:14:53,040
tonight and allow us to provide much

1739
01:14:53,040 --> 01:14:55,840
needed housing for our community.

1740
01:14:55,840 --> 01:14:57,280
Thank you.

1741
01:14:57,280 --> 01:15:01,350
>> Thank you, David.

1742
01:15:01,360 --> 01:15:05,280
Does that conclude? Okay. Thank you. Uh

1743
01:15:05,280 --> 01:15:11,030
any questions for the appellent?

1744
01:15:11,040 --> 01:15:12,000
» Sir,

1745
01:15:12,000 --> 01:15:15,760
>> this one is for um Mr. Patterson. Thank

1746
01:15:15,760 --> 01:15:17,679
you for your presentation. and it was uh

1747
01:15:17,679 --> 01:15:19,520
very helpful.

1748
01:15:19,520 --> 01:15:22,960
>> Um can you go over the um

1749
01:15:22,960 --> 01:15:25,920
the state ADU and setback you you had

1750
01:15:25,920 --> 01:15:28,719
referenced it there that some new and

1751
01:15:28,719 --> 01:15:30,880
it's highly relevant to this project of

1752
01:15:30,880 --> 01:15:32,480
course. Could you go through that again?

1753
01:15:32,480 --> 01:15:33,840
I want to make sure I heard you

1754
01:15:33,840 --> 01:15:35,360
correctly.

1755
01:15:35,360 --> 01:15:39,030
>> So

1756
01:15:39,040 --> 01:15:42,480
» thank you. I'm not that tall. Uh thank

1757
01:15:42,480 --> 01:15:45,040
you. Yes. I I believe I mentioned that

1758
01:15:45,040 --> 01:15:47,679
state ADU law has gotten more and more

1759
01:15:47,679 --> 01:15:50,800
restrictive over the last few years. Um

1760
01:15:50,800 --> 01:15:54,000
specifically with regard to setbacks, it

1761
01:15:54,000 --> 01:15:56,800
is a 4-foot setback side and rear

1762
01:15:56,800 --> 01:16:00,159
setback. Uh towns are not allowed to

1763
01:16:00,159 --> 01:16:04,239
require greater than a 4ft setback. U

1764
01:16:04,239 --> 01:16:07,600
and that's that's the law on ADUs.

1765
01:16:07,600 --> 01:16:11,440
So talk. So how so okay and obviously in

1766
01:16:11,440 --> 01:16:13,679
this particular case it's greater than

1767
01:16:13,679 --> 01:16:16,480
four feet this the setback. So is that

1768
01:16:16,480 --> 01:16:18,400
the position you're standing on on this

1769
01:16:18,400 --> 01:16:20,080
one? I mean there's other rationale that

1770
01:16:20,080 --> 01:16:21,600
you've mentioned too.

1771
01:16:21,600 --> 01:16:23,760
>> Right. Well there there are a number of

1772
01:16:23,760 --> 01:16:25,840
different reasons why uh the applicant

1773
01:16:25,840 --> 01:16:28,719
is entitled to a setback exception. Uh

1774
01:16:28,719 --> 01:16:32,400
but as it relates to ADUs uh those

1775
01:16:32,400 --> 01:16:37,440
setbacks should not apply at all. So it should be a 4 foot setback

1776
01:16:37,440 --> 01:16:39,600
requirement.

1777
01:16:39,600 --> 01:16:40,080
>> Thank you.

1778
01:16:40,080 --> 01:16:41,040
>> Yeah. Thank you.

1779
01:16:41,040 --> 01:16:42,480
>> I wondered if I had heard it correctly

1780
01:16:42,480 --> 01:16:43,520
and I did. Okay.

1781
01:16:43,520 --> 01:16:44,719
>> Okay.

1782
01:16:44,719 --> 01:16:48,159
>> Any other questions?

1783
01:16:48,159 --> 01:16:54,159
>> Just one technical one. Uh for me, how wide is the uh the front ADU uh the

1784
01:16:54,159 --> 01:16:56,640
main ADU along Still Creek Road and

1785
01:16:56,640 --> 01:16:58,239
trying to think about that relative to

1786
01:16:58,239 --> 01:17:00,640
the side the length of the property

1787
01:17:00,640 --> 01:17:03,360
line.

1788
01:17:03,360 --> 01:17:04,719
trying to think of the relative

1789
01:17:04,719 --> 01:17:08,960
encroachment if you will. Uh

1790
01:17:08,960 --> 01:17:10,480
>> give me one second.

1791
01:17:10,480 --> 01:17:12,640
>> I'm sorry to probably should have

1792
01:17:12,640 --> 01:17:14,159
>> the length of the length.

1793
01:17:14,159 --> 01:17:15,600
>> Yeah, length.

1794
01:17:15,600 --> 01:17:18,080
>> I can give you that, David.

1795
01:17:18,080 --> 01:17:19,760
>> Perfect. Shame down to it.

1796
01:17:19,760 --> 01:17:24,880
>> Yeah. So, give me one second here.

1797
01:17:24,880 --> 01:17:28,560
So the length of that ADU overall length

1798
01:17:28,560 --> 01:17:30,800
is

1799
01:17:30,800 --> 01:17:33,910
um

1800
01:17:33,920 --> 01:17:36,880
48 foot 9 in

1801
01:17:36,880 --> 01:17:38,880
um

1802
01:17:38,880 --> 01:17:42,800
from left from uh east to west.

1803
01:17:42,800 --> 01:17:43,520
Yeah.

1804
01:17:43,520 --> 01:17:43,840
>> So

1805
01:17:43,840 --> 01:17:45,040
>> and would you would you happen to know

1806
01:17:45,040 --> 01:17:46,880
the length of the property line along

1807
01:17:46,880 --> 01:17:49,280
Still Creek? Well, the overall length of

1808
01:17:49,280 --> 01:17:51,120
the property line on Steel Creek, I can

1809
01:17:51,120 --> 01:17:53,520
give you a general feel for the length

1810
01:17:53,520 --> 01:17:56,719
of that. Um, hold on a second. Let me

1811
01:17:56,719 --> 01:17:58,480
just get to the right file here or the

1812
01:17:58,480 --> 01:18:04,870
right spot.

1813
01:18:04,880 --> 01:18:08,320
Uh, overall that dimension across there

1814
01:18:08,320 --> 01:18:12,800
is about 422 feet.

1815
01:18:12,800 --> 01:18:13,360
>> Okay,

1816
01:18:13,360 --> 01:18:14,880
>> it's actually longer than that, but that

1817
01:18:14,880 --> 01:18:17,360
that's a straight shot. Um, left to uh

1818
01:18:17,360 --> 01:18:20,719
east uh west to east 422 ft.

1819
01:18:20,719 --> 01:18:23,679
>> Okay. Yes,

1820
01:18:23,679 --> 01:18:25,600
>> Jim. Does that include the panhandle

1821
01:18:25,600 --> 01:18:29,270
road frontage?

1822
01:18:29,280 --> 01:18:32,880
» Oh, you mean all the way up the road?

1823
01:18:32,880 --> 01:18:34,719
No, that doesn't include that. That's

1824
01:18:34,719 --> 01:18:36,640
just the that's just the main part of

1825
01:18:36,640 --> 01:18:39,600
the lot.

1826
01:18:39,600 --> 01:18:45,270
>> Okay. Other questions?

1827
01:18:45,280 --> 01:18:50,880
Um, and just just out of curiosity, um,

1828
01:18:50,880 --> 01:18:52,880
if if you were to be pushed back to the

1829
01:18:52,880 --> 01:18:56,719
50 ft, the grading, the tree removal,

1830
01:18:56,719 --> 01:18:59,600
the retention wall, the design cost,

1831
01:18:59,600 --> 01:19:01,040
what do you have a general sense for

1832
01:19:01,040 --> 01:19:04,320
what that what is the cost in in in

1833
01:19:04,320 --> 01:19:06,400
dollars and time? Would you have a sense

1834
01:19:06,400 --> 01:19:11,030
for that?

1835
01:19:11,040 --> 01:19:12,640
Maybe I'm looking at you, Jim, probably

1836
01:19:12,640 --> 01:19:13,280
as the expert.

1837
01:19:13,280 --> 01:19:16,400
>> Okay. Um,

1838
01:19:16,400 --> 01:19:18,560
well, it's multiple tens of thousands of

1839
01:19:18,560 --> 01:19:20,880
dollars. Um, not to mention the fact

1840
01:19:20,880 --> 01:19:24,000
that we lose uh trees that we will never

1841
01:19:24,000 --> 01:19:28,640
recover, obviously. Um and uh and you

1842
01:19:28,640 --> 01:19:31,199
know and we're you know philosophically

1843
01:19:31,199 --> 01:19:33,600
we're we're you know we're kind of

1844
01:19:33,600 --> 01:19:35,840
destroying parts of the site that we we

1845
01:19:35,840 --> 01:19:39,199
would we would prefer to um to preserve.

1846
01:19:39,199 --> 01:19:42,800
>> Um so but yeah I mean it would be you

1847
01:19:42,800 --> 01:19:45,040
know in in the upper tens of thousands

1848
01:19:45,040 --> 01:19:46,719
of dollars I'm sure.

1849
01:19:46,719 --> 01:19:48,800
>> Okay.

1850
01:19:48,800 --> 01:19:51,600
>> Well there's a better estimate.

1851
01:19:51,600 --> 01:19:53,280
>> Okay.

1852
01:19:53,280 --> 01:19:57,760
Um yeah, as as a a engineering geologist

1853
01:19:57,760 --> 01:20:00,000
who gets who's involved in construction

1854
01:20:00,000 --> 01:20:03,840
quite a bit, considering uh 14t

1855
01:20:03,840 --> 01:20:05,760
retaining walls, all the extra cubic

1856
01:20:05,760 --> 01:20:08,880
yardage, the trees, everything else,

1857
01:20:08,880 --> 01:20:10,719
there's always a wide range, but the

1858
01:20:10,719 --> 01:20:14,480
number that came to me would be $250,000

1859
01:20:14,480 --> 01:20:15,679
because

1860
01:20:15,679 --> 01:20:18,880
>> these tall retainable walls get very expensive.

1861
01:20:18,880 --> 01:20:20,080
>> Right. Okay.

1862
01:20:20,080 --> 01:20:22,239
>> Thanks, Charles.

1863
01:20:22,239 --> 01:20:27,750
Architects always underestimate.

1864
01:20:27,760 --> 01:20:30,560
» Good moment of levity. Uh any other any

1865
01:20:30,560 --> 01:20:34,239
other questions from uh councel?

1866
01:20:34,239 --> 01:20:37,360
Okay. Thank you. Um so we're going to

1867
01:20:37,360 --> 01:20:39,280
move to public comment and we all did

1868
01:20:39,280 --> 01:20:41,440
have a chance to watch the planning

1869
01:20:41,440 --> 01:20:43,679
commission meeting. Uh and we understand

1870
01:20:43,679 --> 01:20:45,440
that there's an accepted parliamentary

1871
01:20:45,440 --> 01:20:46,960
procedure that you'll be using tonight

1872
01:20:46,960 --> 01:20:49,679
to sequentially link your argument. And

1873
01:20:49,679 --> 01:20:51,360
uh we have been told that we will be

1874
01:20:51,360 --> 01:20:54,000
honoring that tonight. Um the only rule

1875
01:20:54,000 --> 01:20:55,840
that we have is that you can seed your

1876
01:20:55,840 --> 01:20:57,679
time to the next person, but it it

1877
01:20:57,679 --> 01:20:59,840
doesn't aggregate. So uh you can give

1878
01:20:59,840 --> 01:21:01,199
the time you have left to the next

1879
01:21:01,199 --> 01:21:03,360
person, but there's no sort of

1880
01:21:03,360 --> 01:21:05,280
aggregation at the end, if you will, to

1881
01:21:05,280 --> 01:21:06,640
say we still have 12 minutes or

1882
01:21:06,640 --> 01:21:07,760
something. We're going to try our best

1883
01:21:07,760 --> 01:21:11,360
to keep up with what's going on. Um, and

1884
01:21:11,360 --> 01:21:14,880
also we've received literally hundreds

1885
01:21:14,880 --> 01:21:17,440
of pages in the last 24 hours and a lot

1886
01:21:17,440 --> 01:21:20,400
of it in the last two hours. So if

1887
01:21:20,400 --> 01:21:22,080
you've submitted a comment, we want to

1888
01:21:22,080 --> 01:21:24,159
hear from you tonight. So make sure that

1889
01:21:24,159 --> 01:21:26,480
you do speak to this tonight if you have

1890
01:21:26,480 --> 01:21:28,719
if you're one of the many people that

1891
01:21:28,719 --> 01:21:32,560
have submitted from that that book. And

1892
01:21:32,560 --> 01:21:33,760
um the other thing we're going to do

1893
01:21:33,760 --> 01:21:34,880
just before we start, we're going to go

1894
01:21:34,880 --> 01:21:36,320
to the Zoom room first because we know

1895
01:21:36,320 --> 01:21:38,000
when we start the sequential thing, it's

1896
01:21:38,000 --> 01:21:39,840
going to be like an hour long. So, um,

1897
01:21:39,840 --> 01:21:41,600
we do have one hand raised in the Zoom

1898
01:21:41,600 --> 01:21:44,400
room. So, uh, Jordan Grimes. We're going

1899
01:21:44,400 --> 01:21:46,800
to ask if you'd like to make a comment.

1900
01:21:46,800 --> 01:21:49,280
>> Oh, great. Thank you so much. Uh, good

1901
01:21:49,280 --> 01:21:50,800
evening everyone. My name is Jordan

1902
01:21:50,800 --> 01:21:53,520
Grimes. I'm a member of Peninsula for

1903
01:21:53,520 --> 01:21:56,080
everyone. We are a, uh, grassroots

1904
01:21:56,080 --> 01:22:00,080
housing advocacy group here, uh, in Sano

1905
01:22:00,080 --> 01:22:02,560
and Santa Clara County. We wanted to

1906
01:22:02,560 --> 01:22:04,239
speak in support of the project this

1907
01:22:04,239 --> 01:22:07,040
evening. Um, I think the project

1908
01:22:07,040 --> 01:22:10,080
applicants did a tremendous job of

1909
01:22:10,080 --> 01:22:12,400
articulating the benefits of the project

1910
01:22:12,400 --> 01:22:15,760
and and the concerns. Um, sort of

1911
01:22:15,760 --> 01:22:20,639
dispelling the the issues around it. Um,

1912
01:22:20,639 --> 01:22:25,520
I guess I'll just say this. Woodside has quite obviously been in the news uh

1913
01:22:25,520 --> 01:22:28,320
a lot over the last couple years uh with

1914
01:22:28,320 --> 01:22:30,800
regard to housing, particularly around

1915
01:22:30,800 --> 01:22:33,040
the housing element, uh particularly

1916
01:22:33,040 --> 01:22:37,840
around uh its creative interpretations

1917
01:22:37,840 --> 01:22:40,560
of state law and how it applies to the

1918
01:22:40,560 --> 01:22:46,320
town. Um I, you know, would suggest

1919
01:22:46,320 --> 01:22:48,159
that you maybe not take the path that

1920
01:22:48,159 --> 01:22:51,199
you have pursued previously.

1921
01:22:51,199 --> 01:22:54,400
um in creatively interpreting state law.

1922
01:22:54,400 --> 01:22:57,679
I think the law pretty clearly here uh

1923
01:22:57,679 --> 01:22:59,920
allows this project. Um the housing

1924
01:22:59,920 --> 01:23:03,040
accountability act is is clear. Uh the

1925
01:23:03,040 --> 01:23:07,920
ADU laws are clear. Um and

1926
01:23:07,920 --> 01:23:10,239
it would be it would behoove you not to

1927
01:23:10,239 --> 01:23:15,120
challenge um uh the effectiveness and

1928
01:23:15,120 --> 01:23:16,960
the applicability of state laws the way

1929
01:23:16,960 --> 01:23:20,239
that you have in the past. um they do

1930
01:23:20,239 --> 01:23:24,960
apply. Uh they, you know, there's nothing that would preclude them

1931
01:23:24,960 --> 01:23:27,440
from applying in the town of Woodside.

1932
01:23:27,440 --> 01:23:30,000
Um I also just want to say as a lifelong

1933
01:23:30,000 --> 01:23:32,560
resident of this county, um and as

1934
01:23:32,560 --> 01:23:34,320
someone who will never ever be able to

1935
01:23:34,320 --> 01:23:37,120
afford to live in Woodside, um you have

1936
01:23:37,120 --> 01:23:39,280
people that you need uh who cannot

1937
01:23:39,280 --> 01:23:40,639
afford to live in your town. You have

1938
01:23:40,639 --> 01:23:43,920
teachers, uh you have store clerks, uh

1939
01:23:43,920 --> 01:23:46,000
you have many other people who will

1940
01:23:46,000 --> 01:23:48,719
never be able to afford to live in Woodb

1941
01:23:48,719 --> 01:23:51,440
um if not for projects like this that

1942
01:23:51,440 --> 01:23:53,920
provide units uh that would allow them

1943
01:23:53,920 --> 01:23:57,280
to do so. Um when you choose not to

1944
01:23:57,280 --> 01:23:59,440
build housing for those people, you put

1945
01:23:59,440 --> 01:24:01,600
that burden directly on nearby

1946
01:24:01,600 --> 01:24:03,360
communities like Redwood City, San

1947
01:24:03,360 --> 01:24:07,360
Mateo, uh Menllo Park, etc. Um, I would

1948
01:24:07,360 --> 01:24:10,719
encourage you to do your duty to do what

1949
01:24:10,719 --> 01:24:13,840
I think all of you know is right um and

1950
01:24:13,840 --> 01:24:18,080
approve the project uh and allow more

1951
01:24:18,080 --> 01:24:21,520
people to live in Woodside. Thank you so

1952
01:24:21,520 --> 01:24:24,880
much for your time.

1953
01:24:24,880 --> 01:24:26,320
>> Okay, thank you Jordan. Any other

1954
01:24:26,320 --> 01:24:27,920
comments from the Zoom room before we go

1955
01:24:27,920 --> 01:24:31,920
to Independence Hall for the a bit?

1956
01:24:31,920 --> 01:24:35,280
Okay, seeing none, uh we are open for

1957
01:24:35,280 --> 01:24:43,110
public comment at Independence Hall.

1958
01:24:43,120 --> 01:24:44,480
» Good evening. Welcome.

1959
01:24:44,480 --> 01:24:47,199
>> Uh my name is Bruce Bastl

1960
01:24:47,199 --> 01:24:51,280
and uh I my wife and I, Patricia, live

1961
01:24:51,280 --> 01:24:54,000
at uh 105 Sunrise Drive at the

1962
01:24:54,000 --> 01:24:57,040
intersection of Still Creek. We have for

1963
01:24:57,040 --> 01:25:03,120
50 years and we count on u uh Kristen's

1964
01:25:03,120 --> 01:25:06,960
mom and dad as friends and neighbors. Uh

1965
01:25:06,960 --> 01:25:09,440
I'm

1966
01:25:09,440 --> 01:25:12,639
transmitting to you uh some comments

1967
01:25:12,639 --> 01:25:15,679
from a concerned neighbor specifically

1968
01:25:15,679 --> 01:25:18,400
related to the recent submissions that

1969
01:25:18,400 --> 01:25:21,840
you have here. So

1970
01:25:21,840 --> 01:25:23,840
the comments are good evening before the

1971
01:25:23,840 --> 01:25:26,320
council reaches the merits we need to

1972
01:25:26,320 --> 01:25:29,440
make a process record. Applicants have

1973
01:25:29,440 --> 01:25:33,679
submitted 342 pages today. If I can

1974
01:25:33,679 --> 01:25:36,960
repeat that applicant has res submitted

1975
01:25:36,960 --> 01:25:40,480
342 pages today literally on the day of

1976
01:25:40,480 --> 01:25:42,960
the hearing. After 5 years of

1977
01:25:42,960 --> 01:25:44,800
proceedings that kind of lastm minute

1978
01:25:44,800 --> 01:25:47,600
filing is not fair process. It

1979
01:25:47,600 --> 01:25:50,400
deprivives the public, the neighbors,

1980
01:25:50,400 --> 01:25:52,800
and frankly the council itself from

1981
01:25:52,800 --> 01:25:55,040
meaningful opportunity to review and

1982
01:25:55,040 --> 01:25:58,159
respond. We would like a decision

1983
01:25:58,159 --> 01:26:01,760
tonight. Let me be clear about that.

1984
01:26:01,760 --> 01:26:04,000
More than 50 families have lived under

1985
01:26:04,000 --> 01:26:07,040
this dispute for years. We are entitled

1986
01:26:07,040 --> 01:26:10,560
not only to finality, but to a response.

1987
01:26:10,560 --> 01:26:13,120
The current design remains

1988
01:26:13,120 --> 01:26:14,960
non-compliant, dangerous, and

1989
01:26:14,960 --> 01:26:18,000
unresolved. It continues to threaten our

1990
01:26:18,000 --> 01:26:21,040
safety, our neighborhood, and even the

1991
01:26:21,040 --> 01:26:24,080
insurability of our homes. So, we are

1992
01:26:24,080 --> 01:26:28,000
not asking for delay as a tactic. But

1993
01:26:28,000 --> 01:26:31,679
finality must be fair finality.

1994
01:26:31,679 --> 01:26:33,840
If the council cannot disregard the

1995
01:26:33,840 --> 01:26:35,840
applicant's last minute filing or

1996
01:26:35,840 --> 01:26:37,760
determine that it does not change the

1997
01:26:37,760 --> 01:26:40,400
required findings, then the council

1998
01:26:40,400 --> 01:26:43,280
should proceed tonight. affirm the

1999
01:26:43,280 --> 01:26:47,280
planning commission and deny the appeal.

2000
01:26:47,280 --> 01:26:49,199
But if the council members believe the

2001
01:26:49,199 --> 01:26:52,000
applicant's 342page

2002
01:26:52,000 --> 01:26:55,360
submission may matter or believes it

2003
01:26:55,360 --> 01:26:58,560
must be digested before deciding, then

2004
01:26:58,560 --> 01:27:01,360
fairness requires a continuence. The

2005
01:27:01,360 --> 01:27:04,239
public cannot be ambushed on the day of

2006
01:27:04,239 --> 01:27:06,719
the hearing and then told that its

2007
01:27:06,719 --> 01:27:10,320
silence or incomplete response means the

2008
01:27:10,320 --> 01:27:13,040
new material is accepted. The code

2009
01:27:13,040 --> 01:27:15,360
requires the council to decide whether

2010
01:27:15,360 --> 01:27:19,040
every required finding can be made. That

2011
01:27:19,040 --> 01:27:21,760
decision should be based on a fair

2012
01:27:21,760 --> 01:27:25,040
record, not a document dump at the last

2013
01:27:25,040 --> 01:27:27,120
minute. So our position is

2014
01:27:27,120 --> 01:27:29,520
straightforward. Decide tonight if the

2015
01:27:29,520 --> 01:27:33,360
council can do so on the existing record

2016
01:27:33,360 --> 01:27:36,560
and deny the appeal, but do not reward

2017
01:27:36,560 --> 01:27:41,440
the applicant's ambush by re relying on

2018
01:27:41,440 --> 01:27:45,199
same day materials and the community has

2019
01:27:45,199 --> 01:27:48,000
had no meaningful chance to review. If

2020
01:27:48,000 --> 01:27:51,280
the town proceeds while crediting these

2021
01:27:51,280 --> 01:27:53,440
materials, it should be clear in the

2022
01:27:53,440 --> 01:27:56,159
record that the public was denied a fair

2023
01:27:56,159 --> 01:27:58,960
opportunity to respond. Thank you for

2024
01:27:58,960 --> 01:28:00,239
your consideration.

2025
01:28:00,239 --> 01:28:05,030
>> Thank you.

2026
01:28:05,040 --> 01:28:06,320
For the record, is that from David

2027
01:28:06,320 --> 01:28:07,840
Madrid?

2028
01:28:07,840 --> 01:28:09,600
That letter?

2029
01:28:09,600 --> 01:28:11,600
>> No.

2030
01:28:11,600 --> 01:28:13,440
>> Who's who's the letter from that you're

2031
01:28:13,440 --> 01:28:16,159
reading?

2032
01:28:16,159 --> 01:28:17,679
>> Yeah.

2033
01:28:17,679 --> 01:28:18,480
David M.

2034
01:28:18,480 --> 01:28:23,669
>> Yeah, that's a thought. Okay, thank you.

2035
01:28:23,679 --> 01:28:24,320
» Yes, John.

2036
01:28:24,320 --> 01:28:24,880
>> Yeah, go on,

2037
01:28:24,880 --> 01:28:29,830
>> please.

2038
01:28:29,840 --> 01:28:32,639
» Thank you. Can you hear me? Okay.

2039
01:28:32,639 --> 01:28:33,600
>> Yes.

2040
01:28:33,600 --> 01:28:36,400
>> My name is Joan Maine and I live at

2041
01:28:36,400 --> 01:28:38,880
Seven Still Creek.

2042
01:28:38,880 --> 01:28:41,280
We are not here tonight, nor is anyone

2043
01:28:41,280 --> 01:28:44,639
here with a yellow hat on or not, to ask

2044
01:28:44,639 --> 01:28:48,719
you to deny housing or deny ADUs or even

2045
01:28:48,719 --> 01:28:51,120
for the right to Kristen and David to

2046
01:28:51,120 --> 01:28:54,239
build on their on their property. We

2047
01:28:54,239 --> 01:28:56,880
know that is the case and we support

2048
01:28:56,880 --> 01:28:59,840
that. Here's what we are asking. There

2049
01:28:59,840 --> 01:29:03,040
are more than 60 individuals in this

2050
01:29:03,040 --> 01:29:05,760
neighborhood now who are concerned about

2051
01:29:05,760 --> 01:29:08,719
the same things we'll present tonight.

2052
01:29:08,719 --> 01:29:12,320
We ask that you in fact ask the

2053
01:29:12,320 --> 01:29:15,600
applicants to follow the same codes we

2054
01:29:15,600 --> 01:29:18,800
all are not only asked to follow but

2055
01:29:18,800 --> 01:29:22,239
embrace as residents of Woodside. We are

2056
01:29:22,239 --> 01:29:24,560
here because we love Woodside. It's a

2057
01:29:24,560 --> 01:29:27,440
special and unique place. So is Still

2058
01:29:27,440 --> 01:29:30,719
Creek. Still Creek is a very special

2059
01:29:30,719 --> 01:29:32,239
place.

2060
01:29:32,239 --> 01:29:36,239
Now, why are we here? Over five years of

2061
01:29:36,239 --> 01:29:40,400
review, the ASRB found the applicants

2062
01:29:40,400 --> 01:29:43,920
did not adequately address their

2063
01:29:43,920 --> 01:29:45,679
recommendations.

2064
01:29:45,679 --> 01:29:49,120
The planning commission agreed.

2065
01:29:49,120 --> 01:29:54,639
I supported this at the ASRB in 2020 or

2066
01:29:54,639 --> 01:29:56,239
2021

2067
01:29:56,239 --> 01:29:58,639
before all the differences were made to

2068
01:29:58,639 --> 01:30:01,360
the project and the exceptions were

2069
01:30:01,360 --> 01:30:03,280
required.

2070
01:30:03,280 --> 01:30:07,199
So each failed finding is important.

2071
01:30:07,199 --> 01:30:10,960
Even one is a requirement for denial.

2072
01:30:10,960 --> 01:30:13,760
Tonight, an experienced forensic

2073
01:30:13,760 --> 01:30:17,679
architect and a wildland urban interface

2074
01:30:17,679 --> 01:30:20,400
fire expert will present their

2075
01:30:20,400 --> 01:30:23,600
independent conclusions and a Stanford

2076
01:30:23,600 --> 01:30:27,920
geoysicist's findings will be shared.

2077
01:30:27,920 --> 01:30:31,600
Point one, there are feasible conforming

2078
01:30:31,600 --> 01:30:33,120
options.

2079
01:30:33,120 --> 01:30:36,000
Perhaps they'd have to make something a

2080
01:30:36,000 --> 01:30:38,159
little smaller.

2081
01:30:38,159 --> 01:30:40,960
That's an option. That's not what

2082
01:30:40,960 --> 01:30:43,440
architect French will present because we

2083
01:30:43,440 --> 01:30:46,639
didn't ask that he redesign their

2084
01:30:46,639 --> 01:30:50,000
project. We asked the simple question,

2085
01:30:50,000 --> 01:30:52,880
can this be made to conform with the

2086
01:30:52,880 --> 01:30:56,159
50-foot setbacks and the town's code?

2087
01:30:56,159 --> 01:31:00,560
Point two, these same code and policies

2088
01:31:00,560 --> 01:31:04,400
that were asked to follow ask all of us

2089
01:31:04,400 --> 01:31:07,920
to subordinate our projects to our land.

2090
01:31:07,920 --> 01:31:11,280
The land in question is fragile.

2091
01:31:11,280 --> 01:31:14,320
Point three, the site sits on

2092
01:31:14,320 --> 01:31:17,760
geologically unstable land and we will

2093
01:31:17,760 --> 01:31:21,679
share the fire experts findings of the

2094
01:31:21,679 --> 01:31:26,000
implications of the setback. Point four,

2095
01:31:26,000 --> 01:31:29,280
we believe the law allows you to do this

2096
01:31:29,280 --> 01:31:31,679
because of public danger. I'm running

2097
01:31:31,679 --> 01:31:34,639
out of time, so let me finish and say

2098
01:31:34,639 --> 01:31:37,679
thank you very much for your time. We do

2099
01:31:37,679 --> 01:31:41,199
not ask you to deni deny housing. We do

2100
01:31:41,199 --> 01:31:45,120
not ask you to deny ADUs. We ask you to

2101
01:31:45,120 --> 01:31:47,840
support the decisions of the planning

2102
01:31:47,840 --> 01:31:48,639
commission.

2103
01:31:48,639 --> 01:31:49,600
>> Okay. Thank you.

2104
01:31:49,600 --> 01:31:50,560
>> Sorry to go over.

2105
01:31:50,560 --> 01:31:52,000
>> That's okay. Thank you. Well,

2106
01:31:52,000 --> 01:31:54,400
>> really you're trying hard.

2107
01:31:54,400 --> 01:32:01,189
>> I appreciate it. Yeah.

2108
01:32:01,199 --> 01:32:02,480
No.

2109
01:32:02,480 --> 01:32:05,199
>> And also just a just a minor point, but

2110
01:32:05,199 --> 01:32:07,679
just if the comments can be directed to

2111
01:32:07,679 --> 01:32:09,520
council and not to anyone else in the

2112
01:32:09,520 --> 01:32:15,590
room, that would be appreciated.

2113
01:32:15,600 --> 01:32:17,760
» Good evening, Mayor Donowski and council

2114
01:32:17,760 --> 01:32:19,840
members. My name is Hance Mine and I

2115
01:32:19,840 --> 01:32:22,080
live at Seven Still Creek Road. I'd like

2116
01:32:22,080 --> 01:32:24,800
to introduce Adam French, an experienced

2117
01:32:24,800 --> 01:32:26,880
local architect with over 30 years of

2118
01:32:26,880 --> 01:32:28,639
experience. He's a member of the

2119
01:32:28,639 --> 01:32:30,800
American Institute of Architects and

2120
01:32:30,800 --> 01:32:32,719
holds certification from the National

2121
01:32:32,719 --> 01:32:34,560
Council of Architectural Registration

2122
01:32:34,560 --> 01:32:36,960
Boards. His practice includes

2123
01:32:36,960 --> 01:32:40,080
conception, detailing, coordination, and

2124
01:32:40,080 --> 01:32:42,239
construction of structures as well as

2125
01:32:42,239 --> 01:32:44,400
forensic architecture and ex expert

2126
01:32:44,400 --> 01:32:47,040
witness testimony. He has been retained

2127
01:32:47,040 --> 01:32:49,440
to investigate construction defects,

2128
01:32:49,440 --> 01:32:51,760
premises liability incidents, property

2129
01:32:51,760 --> 01:32:54,480
damage, and code compliance issues. He

2130
01:32:54,480 --> 01:32:55,920
will address one of the key elements

2131
01:32:55,920 --> 01:32:57,920
related to the propo proposed plans at

2132
01:32:57,920 --> 01:33:00,400
Ten Still Creek, the feasible that

2133
01:33:00,400 --> 01:33:03,280
feasible conforming alternatives exist.

2134
01:33:03,280 --> 01:33:05,199
Thank you.

2135
01:33:05,199 --> 01:33:06,159
>> Thank you, Adam.

2136
01:33:06,159 --> 01:33:08,560
>> So, you're seating your time to Adam. 2

2137
01:33:08,560 --> 01:33:19,750
minutes 18 seconds.

2138
01:33:19,760 --> 01:33:21,520
» Welcome. Good evening, Mayor Dumbowski

2139
01:33:21,520 --> 01:33:23,199
and council members. My name is Adam

2140
01:33:23,199 --> 01:33:25,440
French. I'm an architect AIA and ENARB

2141
01:33:25,440 --> 01:33:27,679
certified and I prepared uh what is

2142
01:33:27,679 --> 01:33:29,360
referred to as attachment A. That would

2143
01:33:29,360 --> 01:33:32,400
be my report. Conforming alternatives

2144
01:33:32,400 --> 01:33:34,560
exist for this site and I'm here to tell

2145
01:33:34,560 --> 01:33:36,880
you tonight about that. I developed

2146
01:33:36,880 --> 01:33:38,639
alternatives using the applicant's

2147
01:33:38,639 --> 01:33:40,960
drawings. I did not need to invent

2148
01:33:40,960 --> 01:33:43,199
anything new. Based on the applicant's

2149
01:33:43,199 --> 01:33:45,600
drawings, I identified feasible options

2150
01:33:45,600 --> 01:33:47,760
that comply with Woodside's 50-foot

2151
01:33:47,760 --> 01:33:50,080
setback requirements.

2152
01:33:50,080 --> 01:33:51,840
The applicant's central claim is that

2153
01:33:51,840 --> 01:33:53,600
the site's topography necessitates

2154
01:33:53,600 --> 01:33:56,639
encroachments into the setback. It does

2155
01:33:56,639 --> 01:33:59,120
not. The proposed encroachments are not

2156
01:33:59,120 --> 01:34:01,360
unavoidable site constraints. They are

2157
01:34:01,360 --> 01:34:04,000
design choices. When a preferred design

2158
01:34:04,000 --> 01:34:05,920
fits only by violating the setback

2159
01:34:05,920 --> 01:34:07,840
rules, the design must yield to the

2160
01:34:07,840 --> 01:34:10,880
code. The code does not have to yield to

2161
01:34:10,880 --> 01:34:13,520
the design. The applicant has not

2162
01:34:13,520 --> 01:34:15,920
justified the requested exception. The

2163
01:34:15,920 --> 01:34:18,159
record contains no comparative analysis

2164
01:34:18,159 --> 01:34:20,480
study, no infeasibility analysis, no

2165
01:34:20,480 --> 01:34:22,320
cost documentation.

2166
01:34:22,320 --> 01:34:23,920
You cannot claim compliance is

2167
01:34:23,920 --> 01:34:26,639
impossible without showing the numbers.

2168
01:34:26,639 --> 01:34:29,360
Assertion is not evidence. My report

2169
01:34:29,360 --> 01:34:31,199
also raises a material question

2170
01:34:31,199 --> 01:34:32,960
regarding the floor area calculations

2171
01:34:32,960 --> 01:34:35,600
for the lower level of ADU number two,

2172
01:34:35,600 --> 01:34:37,199
which must be resolved before any

2173
01:34:37,199 --> 01:34:39,360
maximum resident size exception can be

2174
01:34:39,360 --> 01:34:41,920
granted. I'm not here to say the

2175
01:34:41,920 --> 01:34:44,480
applicant can't build. The applicant can

2176
01:34:44,480 --> 01:34:46,560
build. I'm here to show you that the

2177
01:34:46,560 --> 01:34:49,360
applicant can build within the required

2178
01:34:49,360 --> 01:34:52,000
setbacks using the feasible options I've

2179
01:34:52,000 --> 01:34:54,320
developed in my report. The required

2180
01:34:54,320 --> 01:34:56,560
findings cannot be made because feasible

2181
01:34:56,560 --> 01:34:59,520
options do exist. The site has limited

2182
01:34:59,520 --> 01:35:02,080
capacity. The proposed design exceeds

2183
01:35:02,080 --> 01:35:04,480
it. Applicants have not shown and cannot

2184
01:35:04,480 --> 01:35:06,400
show that compliance is infeasible. And

2185
01:35:06,400 --> 01:35:08,080
for those reasons, I respectfully

2186
01:35:08,080 --> 01:35:10,239
recommend the council deny the appeal

2187
01:35:10,239 --> 01:35:12,239
and require a conforming design. Now,

2188
01:35:12,239 --> 01:35:13,520
there's been a few things that have

2189
01:35:13,520 --> 01:35:15,679
happened since this morning or the big

2190
01:35:15,679 --> 01:35:18,560
binder that we all got. We're not I'm

2191
01:35:18,560 --> 01:35:20,480
not here saying you can't build

2192
01:35:20,480 --> 01:35:22,800
anything. What I'm here saying is that

2193
01:35:22,800 --> 01:35:25,440
after following the planning director's

2194
01:35:25,440 --> 01:35:27,360
recommendations for years that the

2195
01:35:27,360 --> 01:35:28,880
findings can't be made, that all of a

2196
01:35:28,880 --> 01:35:30,800
sudden the applicant shows up and pushes

2197
01:35:30,800 --> 01:35:34,000
an example into a grove of redwoods. And

2198
01:35:34,000 --> 01:35:35,920
that's not the case. I didn't come here

2199
01:35:35,920 --> 01:35:39,199
to draw all five findings mysteriously

2200
01:35:39,199 --> 01:35:42,560
unable to be proven all in one go. So I

2201
01:35:42,560 --> 01:35:43,920
request that you take a look at my

2202
01:35:43,920 --> 01:35:45,360
report the way that I've drawn the

2203
01:35:45,360 --> 01:35:47,760
buildings redesign move back into the

2204
01:35:47,760 --> 01:35:49,679
setback and I believe that you'll find

2205
01:35:49,679 --> 01:35:51,760
that they do comply with the existing

2206
01:35:51,760 --> 01:35:53,679
rules without the need for any

2207
01:35:53,679 --> 01:35:55,679
exceptions or special pleading or moving

2208
01:35:55,679 --> 01:35:58,560
the goalposts.

2209
01:35:58,560 --> 01:36:05,669
>> Thank you. Okay. Thank you.

2210
01:36:05,679 --> 01:36:10,159
Hi. Uh, good evening, Mayor Dumbowski.

2211
01:36:10,159 --> 01:36:11,199
Uh,

2212
01:36:11,199 --> 01:36:12,400
>> we can just go with mayor the rest of

2213
01:36:12,400 --> 01:36:15,280
the night. Don't worry about it. Mayor's

2214
01:36:15,280 --> 01:36:16,880
and the rest of the council members. My

2215
01:36:16,880 --> 01:36:18,960
name is Terry Bronstein. Terry

2216
01:36:18,960 --> 01:36:22,239
Bronstein. And I've lived at 150 Sunrise

2217
01:36:22,239 --> 01:36:26,320
Drive adjacent uh to this area for 47

2218
01:36:26,320 --> 01:36:28,880
years. For most of those years, I have

2219
01:36:28,880 --> 01:36:32,080
regularly walked Still Creek Road. It's

2220
01:36:32,080 --> 01:36:34,239
the road to the redwoods. In fact,

2221
01:36:34,239 --> 01:36:38,480
that's where the redwoods start. Um,

2222
01:36:38,480 --> 01:36:40,560
what I see as I walk down that road

2223
01:36:40,560 --> 01:36:45,679
today is a mass of yellowtory poles. How

2224
01:36:45,679 --> 01:36:49,280
many of you have actually seen the site,

2225
01:36:49,280 --> 01:36:52,880
gone to the physical site?

2226
01:36:52,880 --> 01:36:55,520
You've all gone. Okay. then you know

2227
01:36:55,520 --> 01:36:58,159
that what we have shown uh as as

2228
01:36:58,159 --> 01:37:00,480
drawings just a few minutes ago of the

2229
01:37:00,480 --> 01:37:04,800
site don't resemble the actual site

2230
01:37:04,800 --> 01:37:07,280
among other things the site is the the

2231
01:37:07,280 --> 01:37:10,480
drawings are obscured by heavy shade

2232
01:37:10,480 --> 01:37:14,480
there is no shade the trees are gone

2233
01:37:14,480 --> 01:37:17,040
you've just heard architect French's ex

2234
01:37:17,040 --> 01:37:20,159
expert testimony that conform conforming

2235
01:37:20,159 --> 01:37:23,280
alternatives exist the al the applicants

2236
01:37:23,280 --> 01:37:26,159
have had 5 years to pursue them. They

2237
01:37:26,159 --> 01:37:28,719
have said no. Their design is a personal

2238
01:37:28,719 --> 01:37:32,320
preference to to actually to imitate the

2239
01:37:32,320 --> 01:37:35,760
architecture of 95 Skywood. Uh not the

2240
01:37:35,760 --> 01:37:39,040
only option the site allows. The their

2241
01:37:39,040 --> 01:37:42,000
latest um rationale

2242
01:37:42,000 --> 01:37:45,199
um for refusing to comply is they cannot

2243
01:37:45,199 --> 01:37:47,679
move the attached ADU without removing a

2244
01:37:47,679 --> 01:37:50,719
protected redwood tree. That statement

2245
01:37:50,719 --> 01:37:54,320
is extremely disingenuous. Why? Because

2246
01:37:54,320 --> 01:37:57,040
in August 2024, the applicants received

2247
01:37:57,040 --> 01:37:59,760
a permit to remove some dead and dying

2248
01:37:59,760 --> 01:38:03,040
trees uh on the site. They also

2249
01:38:03,040 --> 01:38:06,320
requested approval for 26 additional

2250
01:38:06,320 --> 01:38:08,560
trees to be removed and I'm quoting

2251
01:38:08,560 --> 01:38:10,560
directly from their application

2252
01:38:10,560 --> 01:38:12,719
facilitate the site's future

2253
01:38:12,719 --> 01:38:15,760
development. that tree removal permit

2254
01:38:15,760 --> 01:38:19,199
conditioned no development related trees

2255
01:38:19,199 --> 01:38:21,760
shall be removed without an issued

2256
01:38:21,760 --> 01:38:24,239
building permit.

2257
01:38:24,239 --> 01:38:26,480
Okay. They weren't allowed to cut down

2258
01:38:26,480 --> 01:38:30,239
any more trees. However, 3 months later

2259
01:38:30,239 --> 01:38:32,639
in November 2024,

2260
01:38:32,639 --> 01:38:35,280
a logging crew removed more than 40

2261
01:38:35,280 --> 01:38:39,199
trees, including numerous large, healthy

2262
01:38:39,199 --> 01:38:41,600
redwood trees. That's why there's no

2263
01:38:41,600 --> 01:38:43,840
shade.

2264
01:38:43,840 --> 01:38:45,920
exactly where the applicants plan to

2265
01:38:45,920 --> 01:38:47,840
build the main residence and the garage

2266
01:38:47,840 --> 01:38:49,920
and tower and the JADU and the elevated

2267
01:38:49,920 --> 01:38:52,719
bridge and all the rest. That permit

2268
01:38:52,719 --> 01:38:55,760
condition has not been met. That was

2269
01:38:55,760 --> 01:38:58,000
actually an act of disrespect

2270
01:38:58,000 --> 01:38:59,760
intentional.

2271
01:38:59,760 --> 01:39:03,040
When asked, the applicants told the ASRB

2272
01:39:03,040 --> 01:39:05,920
it was a spontaneous neighborly gesture

2273
01:39:05,920 --> 01:39:08,960
to remove fire risk for the neighbors,

2274
01:39:08,960 --> 01:39:11,280
but no neighbors home is anywhere near

2275
01:39:11,280 --> 01:39:12,719
this.

2276
01:39:12,719 --> 01:39:14,560
The properties are large. They're

2277
01:39:14,560 --> 01:39:17,600
measured in acres, not feet. They all

2278
01:39:17,600 --> 01:39:19,760
have dense redwood forests on their own

2279
01:39:19,760 --> 01:39:23,440
land, thousands of trees. Um, the

2280
01:39:23,440 --> 01:39:26,400
applicants themselves have most of the

2281
01:39:26,400 --> 01:39:27,040
Anyway,

2282
01:39:27,040 --> 01:39:27,520
>> yes.

2283
01:39:27,520 --> 01:39:30,719
>> Um, that's just not credible. 10 months

2284
01:39:30,719 --> 01:39:33,040
later at the November 25,

2285
01:39:33,040 --> 01:39:36,159
>> we got we got we got to hold you to the

2286
01:39:36,159 --> 01:39:38,239
unfortunately. I'm sorry.

2287
01:39:38,239 --> 01:39:40,400
>> It's the laws, but I I appreciate it. We

2288
01:39:40,400 --> 01:39:42,080
know where you're going. My name is AJ

2289
01:39:42,080 --> 01:39:44,320
Cost. I live at 130 Sunrise Drive.

2290
01:39:44,320 --> 01:39:45,040
>> Yes.

2291
01:39:45,040 --> 01:39:46,880
>> And I'd like to relinquish my time to

2292
01:39:46,880 --> 01:39:47,600
Terry said.

2293
01:39:47,600 --> 01:39:48,560
>> There you go.

2294
01:39:48,560 --> 01:39:50,080
>> Thank you.

2295
01:39:50,080 --> 01:39:51,199
>> So articulate.

2296
01:39:51,199 --> 01:39:51,679
>> Okay.

2297
01:39:51,679 --> 01:39:53,600
>> Thank you.

2298
01:39:53,600 --> 01:39:54,080
>> Hard.

2299
01:39:54,080 --> 01:39:55,760
>> Yep.

2300
01:39:55,760 --> 01:39:58,800
So, uh, 10 months later at the November

2301
01:39:58,800 --> 01:40:01,920
25 ASRB meeting, applicant submission

2302
01:40:01,920 --> 01:40:04,239
stated the project would preserve all

2303
01:40:04,239 --> 01:40:07,119
existing trees on the site after the

2304
01:40:07,119 --> 01:40:09,440
unauthorized removal had already taken

2305
01:40:09,440 --> 01:40:12,800
place. It's actually disrespect.

2306
01:40:12,800 --> 01:40:14,719
This afternoon, hours before the

2307
01:40:14,719 --> 01:40:17,280
hearing, too little time to even begin

2308
01:40:17,280 --> 01:40:20,480
to read the 342 pages, the applicants

2309
01:40:20,480 --> 01:40:22,560
offered a third justification for the

2310
01:40:22,560 --> 01:40:25,280
same tree removal, coordination with the

2311
01:40:25,280 --> 01:40:28,159
Woodside Fire Protection District. In

2312
01:40:28,159 --> 01:40:30,639
2024, their permit application cited

2313
01:40:30,639 --> 01:40:33,119
future development. At the ASRB, they

2314
01:40:33,119 --> 01:40:35,600
cited neighborly concern for fire risk.

2315
01:40:35,600 --> 01:40:38,400
This afternoon, it's the fire district

2316
01:40:38,400 --> 01:40:40,320
coordination. There are three different

2317
01:40:40,320 --> 01:40:42,480
justifications,

2318
01:40:42,480 --> 01:40:44,800
three occasions, each one different from

2319
01:40:44,800 --> 01:40:48,320
the last. Which one's true?

2320
01:40:48,320 --> 01:40:50,800
The required findings cannot be made on

2321
01:40:50,800 --> 01:40:53,440
a record built of misrepresentation.

2322
01:40:53,440 --> 01:40:56,000
I ask the council to deny the setback

2323
01:40:56,000 --> 01:40:58,880
exception, deny the maximum resident

2324
01:40:58,880 --> 01:41:01,280
size exception, and hold the planning

2325
01:41:01,280 --> 01:41:04,480
commission's decision and uphold the

2326
01:41:04,480 --> 01:41:06,400
rest of this this Woodside government

2327
01:41:06,400 --> 01:41:09,920
that supports you.

2328
01:41:09,920 --> 01:41:12,800
Thank you.

2329
01:41:12,800 --> 01:41:14,639
Anyone else in Independence Hall? All

2330
01:41:14,639 --> 01:41:18,550
right.

2331
01:41:18,560 --> 01:41:21,840
» Good evening, Mayor and Council members.

2332
01:41:21,840 --> 01:41:24,560
Um, I'm Art Mirror. I live at 70 Skywood

2333
01:41:24,560 --> 01:41:26,800
Way and I'm the team Firewise team lead

2334
01:41:26,800 --> 01:41:28,880
for Skywood Acres. And tonight, I'd like

2335
01:41:28,880 --> 01:41:31,440
to introduce Mr. Keith Parker. He's a

2336
01:41:31,440 --> 01:41:35,040
forensic fire expert, a wildland uh

2337
01:41:35,040 --> 01:41:37,600
urban interface fire expert, and he's

2338
01:41:37,600 --> 01:41:39,199
the founder of Parker Fire Services

2339
01:41:39,199 --> 01:41:43,280
Consulting. He's a uh retired fire

2340
01:41:43,280 --> 01:41:47,280
marshall from Marin County uh with 33

2341
01:41:47,280 --> 01:41:48,960
years of service and his firm has

2342
01:41:48,960 --> 01:41:51,280
investigated over 300 fires including

2343
01:41:51,280 --> 01:41:54,560
the campfire and the Maui wildfires. He

2344
01:41:54,560 --> 01:41:56,000
was retained by the Still Creek Road

2345
01:41:56,000 --> 01:41:58,320
residents uh to assess the project's

2346
01:41:58,320 --> 01:42:01,119
fire and safety uh implications. And

2347
01:42:01,119 --> 01:42:03,440
having read his report, I share his

2348
01:42:03,440 --> 01:42:05,119
concerns about the fire danger that this

2349
01:42:05,119 --> 01:42:07,199
project poses to our broader community.

2350
01:42:07,199 --> 01:42:08,880
For those of you who want to know where

2351
01:42:08,880 --> 01:42:11,360
his report is, it's it's attachment B in

2352
01:42:11,360 --> 01:42:13,920
your your desk packet. And uh I would

2353
01:42:13,920 --> 01:42:15,199
like to turn the rest of my balance of

2354
01:42:15,199 --> 01:42:22,790
time over to Mr. Parker.

2355
01:42:22,800 --> 01:42:24,800
Good evening, mayor and and council

2356
01:42:24,800 --> 01:42:28,480
members. Um, my name is Keith Parker. I

2357
01:42:28,480 --> 01:42:30,719
founded Parker Fire Services Consulting

2358
01:42:30,719 --> 01:42:32,800
and I primarily do forensic fire

2359
01:42:32,800 --> 01:42:36,000
investigations and I'm also a forensic

2360
01:42:36,000 --> 01:42:40,000
researcher in the wildland uh fires and

2361
01:42:40,000 --> 01:42:41,679
investigations.

2362
01:42:41,679 --> 01:42:44,719
As mentioned, I uh my 33y year career, I

2363
01:42:44,719 --> 01:42:46,239
spent five years as a county fire

2364
01:42:46,239 --> 01:42:48,320
marshal. I'm familiar with all the

2365
01:42:48,320 --> 01:42:51,520
issues that are being raised here and I

2366
01:42:51,520 --> 01:42:53,040
understand this is a very emotional

2367
01:42:53,040 --> 01:42:55,760
issue for all the parties involved and

2368
01:42:55,760 --> 01:42:58,480
what I hope to bring is some independent

2369
01:42:58,480 --> 01:43:00,800
um observations and thoughts that my

2370
01:43:00,800 --> 01:43:04,320
training and education and experiences

2371
01:43:04,320 --> 01:43:08,560
uh have allowed me to analyze in this in

2372
01:43:08,560 --> 01:43:10,719
this situation and I understand that the

2373
01:43:10,719 --> 01:43:12,080
council is getting a lot of advice on

2374
01:43:12,080 --> 01:43:13,920
what they must do. I'm not going to do

2375
01:43:13,920 --> 01:43:16,320
that. I understand that you're trying to

2376
01:43:16,320 --> 01:43:18,800
reach a balance here and it's very

2377
01:43:18,800 --> 01:43:22,880
difficult uh in a situation like this.

2378
01:43:22,880 --> 01:43:25,199
So when I look at projects like this,

2379
01:43:25,199 --> 01:43:28,400
when I start evaluating them, I often

2380
01:43:28,400 --> 01:43:30,239
look at it from the point of view I'm on

2381
01:43:30,239 --> 01:43:32,239
my fire engine responding to emergency

2382
01:43:32,239 --> 01:43:34,560
and I'm getting off the fire engine.

2383
01:43:34,560 --> 01:43:38,480
What is being presented to me from this

2384
01:43:38,480 --> 01:43:40,960
project? What does this add to the

2385
01:43:40,960 --> 01:43:44,880
complexities of a incident?

2386
01:43:44,880 --> 01:43:47,040
My report is probably a little overly

2387
01:43:47,040 --> 01:43:49,520
detailed. It's fairly lengthy and I went

2388
01:43:49,520 --> 01:43:51,440
into all these issues in depth. So, just

2389
01:43:51,440 --> 01:43:53,520
to summarize, there's really three key

2390
01:43:53,520 --> 01:43:56,320
areas of concern here. One is is that

2391
01:43:56,320 --> 01:43:58,159
there's four independent parking spaces.

2392
01:43:58,159 --> 01:43:59,679
And by that, I mean, if you look at the

2393
01:43:59,679 --> 01:44:02,480
plans, there's only four spaces that you

2394
01:44:02,480 --> 01:44:04,480
can park off the road that are

2395
01:44:04,480 --> 01:44:05,920
guaranteed you can get your car and

2396
01:44:05,920 --> 01:44:08,080
leave. All the rest are dependent upon

2397
01:44:08,080 --> 01:44:11,600
those four spaces being um vacated to be

2398
01:44:11,600 --> 01:44:14,400
able to egress. My experience is is that

2399
01:44:14,400 --> 01:44:16,320
things such as parties, whether it's a

2400
01:44:16,320 --> 01:44:18,480
summer party, holiday party, you're

2401
01:44:18,480 --> 01:44:19,920
going to end up with people parking on

2402
01:44:19,920 --> 01:44:21,520
the street. And I don't think anybody

2403
01:44:21,520 --> 01:44:23,920
doubts the fact that that street cannot

2404
01:44:23,920 --> 01:44:26,719
support uh vehicles parked along the

2405
01:44:26,719 --> 01:44:28,719
sides of the road and still provide for

2406
01:44:28,719 --> 01:44:31,119
emergency access. This is not just a

2407
01:44:31,119 --> 01:44:33,199
fire issue. This is an issue that arises

2408
01:44:33,199 --> 01:44:35,040
all the time in these types of areas.

2409
01:44:35,040 --> 01:44:37,600
for a simple emergency medical aid where

2410
01:44:37,600 --> 01:44:39,040
you can't get through, you have to get

2411
01:44:39,040 --> 01:44:41,440
out and walk to the houses past and then

2412
01:44:41,440 --> 01:44:44,159
it also forces you to back to a point to

2413
01:44:44,159 --> 01:44:46,080
turn around.

2414
01:44:46,080 --> 01:44:49,360
Um such a large project will also

2415
01:44:49,360 --> 01:44:52,080
increase the complexities of uh fire

2416
01:44:52,080 --> 01:44:54,159
attack both initial structure and

2417
01:44:54,159 --> 01:44:58,159
wildland fire attack and it will also um

2418
01:44:58,159 --> 01:45:00,560
impact the ability to evacuate people

2419
01:45:00,560 --> 01:45:02,560
and get emergency

2420
01:45:02,560 --> 01:45:05,119
uh response into an area should a

2421
01:45:05,119 --> 01:45:06,960
wildfire a significant wildfire move

2422
01:45:06,960 --> 01:45:10,950
through the area.

2423
01:45:10,960 --> 01:45:14,719
um the changes that result from this

2424
01:45:14,719 --> 01:45:17,840
essentially large uh development on a

2425
01:45:17,840 --> 01:45:23,280
very small 4500 to 7200 square foot um

2426
01:45:23,280 --> 01:45:25,440
project. I'm sorry. Is that

2427
01:45:25,440 --> 01:45:26,719
>> No, you still have two minutes. Keep

2428
01:45:26,719 --> 01:45:27,119
going.

2429
01:45:27,119 --> 01:45:29,840
>> Okay. Thank you. Okay.

2430
01:45:29,840 --> 01:45:32,400
Um

2431
01:45:32,400 --> 01:45:36,080
so below the below grade structure also

2432
01:45:36,080 --> 01:45:37,840
is close enough to the road that if it's

2433
01:45:37,840 --> 01:45:39,280
involved in fire is likely going to

2434
01:45:39,280 --> 01:45:42,000
block the road from the thermal effects

2435
01:45:42,000 --> 01:45:44,000
of the fire.

2436
01:45:44,000 --> 01:45:45,760
So we and the fire service had known

2437
01:45:45,760 --> 01:45:47,840
since the 1980s we started talking about

2438
01:45:47,840 --> 01:45:50,000
what we call the expansion into the

2439
01:45:50,000 --> 01:45:51,600
urban wildland and we knew these

2440
01:45:51,600 --> 01:45:54,239
problems were coming and we really saw

2441
01:45:54,239 --> 01:45:56,560
it come to fruition in 1991 in the

2442
01:45:56,560 --> 01:45:59,679
Oakland Hills and in the decades since

2443
01:45:59,679 --> 01:46:01,600
then we've seen the problem explode to

2444
01:46:01,600 --> 01:46:05,040
where we're at today.

2445
01:46:05,040 --> 01:46:07,280
The in this particular area we're

2446
01:46:07,280 --> 01:46:09,440
looking at some really severe

2447
01:46:09,440 --> 01:46:11,600
circumstances. We've already talked

2448
01:46:11,600 --> 01:46:14,080
about how steep the terrain is. There's

2449
01:46:14,080 --> 01:46:17,280
a major drainage that runs up to the

2450
01:46:17,280 --> 01:46:19,199
street and then as it moves forward it

2451
01:46:19,199 --> 01:46:21,600
splits into three drainages going up to

2452
01:46:21,600 --> 01:46:24,480
the communities above. We also have had

2453
01:46:24,480 --> 01:46:26,800
fire exclusion, no fire through the area

2454
01:46:26,800 --> 01:46:29,679
that and the logging and poor logging

2455
01:46:29,679 --> 01:46:32,239
practices that have allowed for a

2456
01:46:32,239 --> 01:46:34,719
massive accumulation of fire fuels. So

2457
01:46:34,719 --> 01:46:37,280
our redwood forest is very significantly

2458
01:46:37,280 --> 01:46:39,679
altered in the area. And then we have

2459
01:46:39,679 --> 01:46:41,280
climate pattern changes that are

2460
01:46:41,280 --> 01:46:43,360
providing for longer periods of hot dry

2461
01:46:43,360 --> 01:46:45,280
weather that are increasing our numbers

2462
01:46:45,280 --> 01:46:49,679
of days when we can have severe fire um

2463
01:46:49,679 --> 01:46:53,910
conditions.

2464
01:46:53,920 --> 01:46:57,030
So

2465
01:46:57,040 --> 01:46:58,639
there's there's really no reasonable

2466
01:46:58,639 --> 01:47:01,119
claim. This is not an extreme or very

2467
01:47:01,119 --> 01:47:03,840
high fire hazard area and this isn't the

2468
01:47:03,840 --> 01:47:05,440
average place that we need to look at

2469
01:47:05,440 --> 01:47:08,400
mitigating these fire threats.

2470
01:47:08,400 --> 01:47:11,840
um granting the setback exceptions are

2471
01:47:11,840 --> 01:47:13,280
definitely going to make any kind of

2472
01:47:13,280 --> 01:47:15,520
mitigations very difficult if not

2473
01:47:15,520 --> 01:47:18,719
impossible for um many of the reasons

2474
01:47:18,719 --> 01:47:20,719
I've been talking about. But one of the

2475
01:47:20,719 --> 01:47:22,800
most significant ones is the parking,

2476
01:47:22,800 --> 01:47:24,960
the closeness of a burning structure to

2477
01:47:24,960 --> 01:47:26,960
the road. And the third would be the

2478
01:47:26,960 --> 01:47:29,920
inability to have enough room to create

2479
01:47:29,920 --> 01:47:31,920
adequate defensible space to both

2480
01:47:31,920 --> 01:47:34,080
prevent transition of a fire from the

2481
01:47:34,080 --> 01:47:36,080
structure into the wildland and also

2482
01:47:36,080 --> 01:47:37,280
support

2483
01:47:37,280 --> 01:47:37,679
>> uh

2484
01:47:37,679 --> 01:47:39,040
>> like that's it.

2485
01:47:39,040 --> 01:47:41,360
>> Fire protection.

2486
01:47:41,360 --> 01:47:42,800
>> I lost my Is that it?

2487
01:47:42,800 --> 01:47:44,960
>> That's it. Unless unless we have a

2488
01:47:44,960 --> 01:47:47,040
parliamentary

2489
01:47:47,040 --> 01:47:49,199
>> folks. Good evening. I'm Vivian Sham at

2490
01:47:49,199 --> 01:47:51,920
90 Stylers Way on many for much

2491
01:47:51,920 --> 01:47:53,520
appreciation for everyone being here

2492
01:47:53,520 --> 01:47:55,760
tonight. I seed my time to Mr. Keith

2493
01:47:55,760 --> 01:47:56,480
Barber.

2494
01:47:56,480 --> 01:47:58,400
>> Okay.

2495
01:47:58,400 --> 01:47:59,600
Thank you very much. I'm not going to

2496
01:47:59,600 --> 01:48:01,440
need much. I'm sorry. I lost the the

2497
01:48:01,440 --> 01:48:03,760
clock dropped up there, so I I lost

2498
01:48:03,760 --> 01:48:06,239
that. Um, just listening to some of the

2499
01:48:06,239 --> 01:48:07,600
other comments I think is really

2500
01:48:07,600 --> 01:48:08,800
important here is we're talking about

2501
01:48:08,800 --> 01:48:11,760
the only alternative is to grant these

2502
01:48:11,760 --> 01:48:15,520
uh exceptions to setback rules, but the

2503
01:48:15,520 --> 01:48:18,320
other possibility is downsizing the

2504
01:48:18,320 --> 01:48:21,119
totality of the project to work into it.

2505
01:48:21,119 --> 01:48:23,119
At the end of the day, what we're

2506
01:48:23,119 --> 01:48:24,159
really talking about here is we're

2507
01:48:24,159 --> 01:48:25,760
trying to squeeze a seven pound loaf

2508
01:48:25,760 --> 01:48:29,600
into a 5B bread box. And that causes a

2509
01:48:29,600 --> 01:48:31,679
lot of challenges that, as I've talked

2510
01:48:31,679 --> 01:48:33,840
about and are detailed in the report

2511
01:48:33,840 --> 01:48:36,880
regarding the the specific fire, life

2512
01:48:36,880 --> 01:48:39,119
safety hazards that a project that's

2513
01:48:39,119 --> 01:48:40,800
really oversized for the footprint

2514
01:48:40,800 --> 01:48:43,440
available to build on this property. And

2515
01:48:43,440 --> 01:48:45,199
I'll be staying I'll be here through the

2516
01:48:45,199 --> 01:48:47,040
meeting. If you have if anybody has any

2517
01:48:47,040 --> 01:48:48,480
questions, I'd obviously be happy to

2518
01:48:48,480 --> 01:48:50,159
answer them for you.

2519
01:48:50,159 --> 01:49:06,390
>> Okay. Thank you, Mr. Burgerer.

2520
01:49:06,400 --> 01:49:08,800
» Good evening, mayor and council members.

2521
01:49:08,800 --> 01:49:11,280
Uh, my name is Jendi Sue and I live at

2522
01:49:11,280 --> 01:49:13,760
45 Sto Creek Road at the end of the

2523
01:49:13,760 --> 01:49:16,560
culde-sac. U, my husband, Aaron, and I

2524
01:49:16,560 --> 01:49:20,239
have one way out. To evacuate, we must

2525
01:49:20,239 --> 01:49:22,639
pass directly in front of 10 Steel Creek

2526
01:49:22,639 --> 01:49:25,360
Road and reach the Skywood Way, Sunrise

2527
01:49:25,360 --> 01:49:28,000
Drive, Still Creek Road intersection.

2528
01:49:28,000 --> 01:49:31,199
That is our only exit. It's everyone's

2529
01:49:31,199 --> 01:49:34,480
only exit who lives on that road. One of

2530
01:49:34,480 --> 01:49:36,639
the required funding findings before

2531
01:49:36,639 --> 01:49:39,040
this council is that the proposed

2532
01:49:39,040 --> 01:49:41,280
project will not create significant

2533
01:49:41,280 --> 01:49:44,080
public health and safety risks. That

2534
01:49:44,080 --> 01:49:47,440
finding cannot be made and we know this

2535
01:49:47,440 --> 01:49:49,440
in part because applicants themselves

2536
01:49:49,440 --> 01:49:51,920
have already admitted it. Applicants

2537
01:49:51,920 --> 01:49:53,199
have acknowledged in their own

2538
01:49:53,199 --> 01:49:55,280
submissions that this project would

2539
01:49:55,280 --> 01:49:58,000
create substantially increased traffic

2540
01:49:58,000 --> 01:50:00,400
affecting not just Skil not just Still

2541
01:50:00,400 --> 01:50:03,119
Creek Road but the surrounding Skywood

2542
01:50:03,119 --> 01:50:08,080
area. Those are their words, not ours.

2543
01:50:08,080 --> 01:50:10,560
Consider what that means. Still Creek

2544
01:50:10,560 --> 01:50:14,800
Road is a narrow private road 18 feet or

2545
01:50:14,800 --> 01:50:18,560
less in many locations. It is the sole

2546
01:50:18,560 --> 01:50:20,480
access point for the proposed

2547
01:50:20,480 --> 01:50:22,159
development.

2548
01:50:22,159 --> 01:50:24,719
It already fails three mandatory

2549
01:50:24,719 --> 01:50:28,239
statewide fire access standards, lane

2550
01:50:28,239 --> 01:50:31,199
width, loadbearing capacity, and

2551
01:50:31,199 --> 01:50:34,320
turnaround diameter. The town has

2552
01:50:34,320 --> 01:50:37,040
refused to accept it as a public road

2553
01:50:37,040 --> 01:50:40,719
for more than 50 years precisely because

2554
01:50:40,719 --> 01:50:43,440
of these constraints.

2555
01:50:43,440 --> 01:50:46,080
Now applicants propose to add four

2556
01:50:46,080 --> 01:50:49,440
structures and up to 20 parking spaces

2557
01:50:49,440 --> 01:50:52,320
where none currently exist. More

2558
01:50:52,320 --> 01:50:55,360
vehicles, more residents, more

2559
01:50:55,360 --> 01:50:58,480
evacuation demand on a road that already

2560
01:50:58,480 --> 01:51:02,560
cannot meet minimum safety standards.

2561
01:51:02,560 --> 01:51:04,480
Every additional vehicle from this

2562
01:51:04,480 --> 01:51:07,199
development is one more obstacle between

2563
01:51:07,199 --> 01:51:10,400
my family and every Skywood family and

2564
01:51:10,400 --> 01:51:12,159
safety.

2565
01:51:12,159 --> 01:51:15,360
Every additional second of delay matters

2566
01:51:15,360 --> 01:51:17,679
when fire moves upheld through chimney

2567
01:51:17,679 --> 01:51:19,520
terrain.

2568
01:51:19,520 --> 01:51:22,560
The road cannot be widened by a permit

2569
01:51:22,560 --> 01:51:25,679
condition. Its load rating cannot be

2570
01:51:25,679 --> 01:51:29,280
improved by a condition. A second access

2571
01:51:29,280 --> 01:51:33,360
point cannot be created by a condition.

2572
01:51:33,360 --> 01:51:35,440
The public safety finding cannot be

2573
01:51:35,440 --> 01:51:38,239
made. I ask the council to deny this

2574
01:51:38,239 --> 01:51:39,920
appeal. Thank you.

2575
01:51:39,920 --> 01:51:44,870
>> Thank you.

2576
01:51:44,880 --> 01:51:46,639
Well, nobody in the Zoom room with a

2577
01:51:46,639 --> 01:51:50,159
question. So, welcome, sir.

2578
01:51:50,159 --> 01:51:52,639
>> Uh, good evening, mayor and council

2579
01:51:52,639 --> 01:51:54,880
members. Uh, my name is Royal Copro and

2580
01:51:54,880 --> 01:51:57,119
I live at 35 Still Creek Road. Let me

2581
01:51:57,119 --> 01:51:58,400
bring the mic up for you just for the

2582
01:51:58,400 --> 01:51:59,440
people online.

2583
01:51:59,440 --> 01:52:00,320
>> How's that?

2584
01:52:00,320 --> 01:52:00,960
>> Perfect.

2585
01:52:00,960 --> 01:52:03,520
>> I live at 35 Still Creek Road. Um I'm

2586
01:52:03,520 --> 01:52:05,440
presenting on behalf of Simon Cleer

2587
01:52:05,440 --> 01:52:07,199
who's a professor of geoysics at

2588
01:52:07,199 --> 01:52:11,280
Stanford University. He apologizes that he cannot be here

2589
01:52:11,280 --> 01:52:13,199
tonight. He has a prior commitment for a

2590
01:52:13,199 --> 01:52:16,080
lecture at Cambridge. Uh Professor Cler

2591
01:52:16,080 --> 01:52:18,000
has lived at three Still Creek Road

2592
01:52:18,000 --> 01:52:20,880
across from this site for 25 years. His

2593
01:52:20,880 --> 01:52:23,440
analysis is documented in attachment C

2594
01:52:23,440 --> 01:52:25,360
and it identifies three overlapping

2595
01:52:25,360 --> 01:52:28,320
geological hazards. First, the proposing

2596
01:52:28,320 --> 01:52:30,080
the proposed building footprint sits

2597
01:52:30,080 --> 01:52:32,159
directly on active and dormant landslide

2598
01:52:32,159 --> 01:52:34,320
deposits. The town's own general plan

2599
01:52:34,320 --> 01:52:36,719
acknowledges that these deposits can be

2600
01:52:36,719 --> 01:52:39,440
reactivated under present conditions.

2601
01:52:39,440 --> 01:52:41,280
Second, the United States Geological

2602
01:52:41,280 --> 01:52:43,520
Survey maps the Pillar's fault running

2603
01:52:43,520 --> 01:52:45,520
directly through the project site. Dr.

2604
01:52:45,520 --> 01:52:47,760
Clamper has personally observed repeated

2605
01:52:47,760 --> 01:52:49,440
ruptures of buried water pipes at the

2606
01:52:49,440 --> 01:52:52,320
fault crossing, indicators of ongoing

2607
01:52:52,320 --> 01:52:54,639
fault creek. The applicant proposes to

2608
01:52:54,639 --> 01:52:57,520
build on and across this fault. Third,

2609
01:52:57,520 --> 01:52:59,840
the site has limited carrying capacity.

2610
01:52:59,840 --> 01:53:02,239
The proposed 4-unit compound exceeds it.

2611
01:53:02,239 --> 01:53:04,159
Findings four and five cannot be made

2612
01:53:04,159 --> 01:53:06,960
for these reasons. Still Creek Road is a

2613
01:53:06,960 --> 01:53:08,560
private road. The town is repeated, as

2614
01:53:08,560 --> 01:53:09,920
we've heard, the town has repeatedly

2615
01:53:09,920 --> 01:53:12,560
declined to accept it as public. The co

2616
01:53:12,560 --> 01:53:15,360
the town's own subdivision code WMC

2617
01:53:15,360 --> 01:53:17,199
152.005

2618
01:53:17,199 --> 01:53:20,080
and following requires that roads um

2619
01:53:20,080 --> 01:53:21,760
serving developments be physically

2620
01:53:21,760 --> 01:53:24,000
suitable, protect against geological

2621
01:53:24,000 --> 01:53:26,000
hazards and support fire protection and

2622
01:53:26,000 --> 01:53:28,320
safety equipment access and the roads

2623
01:53:28,320 --> 01:53:30,639
capacity is limited in those respects.

2624
01:53:30,639 --> 01:53:32,560
The town's refusal reflects both those

2625
01:53:32,560 --> 01:53:35,040
fa physical and safety standards, not

2626
01:53:35,040 --> 01:53:37,840
just a fiscal preference alone. A road

2627
01:53:37,840 --> 01:53:39,440
failure on this stretch cost hundreds of

2628
01:53:39,440 --> 01:53:41,119
thousands of dollars to repair just over

2629
01:53:41,119 --> 01:53:43,840
seven years ago. And yet the same steep

2630
01:53:43,840 --> 01:53:45,599
channels continue to carry water and

2631
01:53:45,599 --> 01:53:47,679
debris across and down this hillside

2632
01:53:47,679 --> 01:53:49,280
feeding under the road through drainage

2633
01:53:49,280 --> 01:53:51,760
culverts and into Alen Beak Creek. In

2634
01:53:51,760 --> 01:53:52,960
the last seven years, there have been

2635
01:53:52,960 --> 01:53:54,800
repeated debris flows um from the

2636
01:53:54,800 --> 01:53:56,480
hillside which have blocked culverts and

2637
01:53:56,480 --> 01:53:58,719
threatened the road stability. This

2638
01:53:58,719 --> 01:54:00,080
demonstrates the land's carrying

2639
01:54:00,080 --> 01:54:02,080
capacity and it's the same land where

2640
01:54:02,080 --> 01:54:04,320
the applicant proposes to build a 4-unit

2641
01:54:04,320 --> 01:54:07,040
compound. I respect I respectfully ask

2642
01:54:07,040 --> 01:54:10,400
that you deny this proposal. Thank you.

2643
01:54:10,400 --> 01:54:15,430
>> Thank you.

2644
01:54:15,440 --> 01:54:22,229
Yes, sir.

2645
01:54:22,239 --> 01:54:24,800
Good evening. Uh my name is Aaron Amy.

2646
01:54:24,800 --> 01:54:28,000
Uh I live with my wife Ji Sue at 45 Soul

2647
01:54:28,000 --> 01:54:30,800
Creek Road. You've now heard from

2648
01:54:30,800 --> 01:54:32,560
architects, fire investigators,

2649
01:54:32,560 --> 01:54:34,800
geoysicists, and neighbors. Uh the

2650
01:54:34,800 --> 01:54:37,360
record before you is clear. I just want

2651
01:54:37,360 --> 01:54:39,920
to address two more topics uh for your

2652
01:54:39,920 --> 01:54:43,040
consideration. Um the staff uh issued

2653
01:54:43,040 --> 01:54:45,119
recommendations on the eve of this uh of

2654
01:54:45,119 --> 01:54:47,040
this hearing uh approximately 6 months

2655
01:54:47,040 --> 01:54:48,560
after the planning commission's uh

2656
01:54:48,560 --> 01:54:51,679
denial. Um those recommendations deserve

2657
01:54:51,679 --> 01:54:54,239
some mention and some scrutiny. Um when

2658
01:54:54,239 --> 01:54:56,000
staff prepared their report, they did

2659
01:54:56,000 --> 01:54:58,159
not have the expert findings uh that are

2660
01:54:58,159 --> 01:54:59,520
now before this council. They didn't

2661
01:54:59,520 --> 01:55:01,199
have architect French's demonstration

2662
01:55:01,199 --> 01:55:02,960
that conforming alternatives exist. They

2663
01:55:02,960 --> 01:55:04,800
were unaware of the fire safety hazards

2664
01:55:04,800 --> 01:55:07,119
identified by fire fire marshal Parker.

2665
01:55:07,119 --> 01:55:08,480
Uh and they did not have Professor

2666
01:55:08,480 --> 01:55:10,639
Clumper's uh geological hazard

2667
01:55:10,639 --> 01:55:13,599
testimony. Uh the expert record now

2668
01:55:13,599 --> 01:55:15,280
before you directly repeatedly and

2669
01:55:15,280 --> 01:55:17,280
authoritatively contradicts uh the

2670
01:55:17,280 --> 01:55:19,679
staff's conclusion. Uh as you know uh

2671
01:55:19,679 --> 01:55:21,599
staff's recommendations are advisory.

2672
01:55:21,599 --> 01:55:24,000
The ASRB and the planning commission are

2673
01:55:24,000 --> 01:55:26,159
the townmandated citizen bodies

2674
01:55:26,159 --> 01:55:28,639
specifically charged with this review.

2675
01:55:28,639 --> 01:55:30,400
Both uh including the one that Mr.

2676
01:55:30,400 --> 01:55:33,119
middleman serves on uh conducted

2677
01:55:33,119 --> 01:55:35,599
thorough independent reviews and both

2678
01:55:35,599 --> 01:55:38,320
reached the same conclusion uh that the

2679
01:55:38,320 --> 01:55:40,320
application should be denied. Uh their

2680
01:55:40,320 --> 01:55:42,400
work deserves greater weight than a

2681
01:55:42,400 --> 01:55:43,840
staff report based on incomplete

2682
01:55:43,840 --> 01:55:46,560
information uh as do the expert analyses

2683
01:55:46,560 --> 01:55:49,360
uh that staff uh did not consider uh

2684
01:55:49,360 --> 01:55:51,440
because they didn't have them. Second,

2685
01:55:51,440 --> 01:55:54,719
the state law. Uh applicants have cited

2686
01:55:54,719 --> 01:55:56,800
multiple state housing statutes as if

2687
01:55:56,800 --> 01:55:59,199
they compel approval and even

2688
01:55:59,199 --> 01:56:00,960
helicoptered in a couple of lawyers to

2689
01:56:00,960 --> 01:56:03,679
issue threats and and uh try to bully uh

2690
01:56:03,679 --> 01:56:06,239
to you. I trust that you're not swayed

2691
01:56:06,239 --> 01:56:09,199
by that kind of behavior. Um

2692
01:56:09,199 --> 01:56:11,040
and and also that you would consider the

2693
01:56:11,040 --> 01:56:14,159
liability that would be created um by

2694
01:56:14,159 --> 01:56:16,480
increasing uh the development on Silk

2695
01:56:16,480 --> 01:56:18,239
Creek Road beyond its its carry-in

2696
01:56:18,239 --> 01:56:20,719
capacity. Um,

2697
01:56:20,719 --> 01:56:23,440
you heard from the the the town attorney

2698
01:56:23,440 --> 01:56:25,440
uh that this is not uh falling under

2699
01:56:25,440 --> 01:56:28,159
HAA. Uh, but even if it was, uh,

2700
01:56:28,159 --> 01:56:30,960
California's HAA allows denial where

2701
01:56:30,960 --> 01:56:33,199
expert evidence documents specific

2702
01:56:33,199 --> 01:56:35,199
public health and safety impacts based

2703
01:56:35,199 --> 01:56:37,119
on objective written standards. Fire

2704
01:56:37,119 --> 01:56:39,360
Marshall Parker's expert report does

2705
01:56:39,360 --> 01:56:42,320
exactly that, documenting three specific

2706
01:56:42,320 --> 01:56:44,239
fire access failures against three

2707
01:56:44,239 --> 01:56:47,520
objective mandatory written standards. I

2708
01:56:47,520 --> 01:56:48,880
agree with staff's assessment that

2709
01:56:48,880 --> 01:56:50,719
applicants arguments uh on this subject

2710
01:56:50,719 --> 01:56:54,400
have no merit. Um they're requesting

2711
01:56:54,400 --> 01:56:56,159
discretionary exceptions to approve

2712
01:56:56,159 --> 01:56:58,080
their non-compliant design choices

2713
01:56:58,080 --> 01:56:59,760
despite the existence of compliant

2714
01:56:59,760 --> 01:57:02,159
alternatives. Um the law gives the

2715
01:57:02,159 --> 01:57:03,599
authority to say no and the record gives

2716
01:57:03,599 --> 01:57:05,520
you ample reason to. Uh denying this

2717
01:57:05,520 --> 01:57:07,040
appeal does not prevent applicants from

2718
01:57:07,040 --> 01:57:08,480
building. They can still build a home

2719
01:57:08,480 --> 01:57:10,960
with ADUs at 10 Still Creek Road within

2720
01:57:10,960 --> 01:57:12,560
the required setbacks within the code

2721
01:57:12,560 --> 01:57:14,239
consistent with ASRB guidelines and

2722
01:57:14,239 --> 01:57:15,840
without special treatment like every

2723
01:57:15,840 --> 01:57:18,639
other Woodside resident. 5 years of ASRB

2724
01:57:18,639 --> 01:57:20,239
review, a recommendation to deny,

2725
01:57:20,239 --> 01:57:21,520
planning commission denial, three

2726
01:57:21,520 --> 01:57:23,440
independent expert reports, serious

2727
01:57:23,440 --> 01:57:25,760
safety concerns, a community unified in

2728
01:57:25,760 --> 01:57:27,599
opposition, state law that preserves

2729
01:57:27,599 --> 01:57:29,360
this council's authority, the record

2730
01:57:29,360 --> 01:57:30,719
supports denial, the law supports

2731
01:57:30,719 --> 01:57:32,639
denial, and we respectfully ask you to

2732
01:57:32,639 --> 01:57:34,320
deny this appeal. Thank you.

2733
01:57:34,320 --> 01:57:37,510
>> Thank you.

2734
01:57:37,520 --> 01:57:41,040
Lifeline not needed.

2735
01:57:41,040 --> 01:57:45,350
>> Um, other comments.

2736
01:57:45,360 --> 01:57:55,189
Yes, sir.

2737
01:57:55,199 --> 01:57:57,760
» Hi.

2738
01:57:57,760 --> 01:57:59,679
>> How's this?

2739
01:57:59,679 --> 01:58:01,760
It's great. Does that work?

2740
01:58:01,760 --> 01:58:03,840
>> Big rocks and little rocks. Perfect.

2741
01:58:03,840 --> 01:58:07,119
Three points today. First, Woodside was

2742
01:58:07,119 --> 01:58:10,480
incorporated in 1956 for one reason, to

2743
01:58:10,480 --> 01:58:13,280
preserve our character. Central to that

2744
01:58:13,280 --> 01:58:16,480
character is a culture of volunteerism,

2745
01:58:16,480 --> 01:58:18,560
citizen- le government, and a basic code

2746
01:58:18,560 --> 01:58:22,239
of trust, even when we disagree.

2747
01:58:22,239 --> 01:58:24,239
Three of you, three of you have had your

2748
01:58:24,239 --> 01:58:26,080
personal and professional lives appended

2749
01:58:26,080 --> 01:58:29,920
this year. In Teddy Roosevelt's words,

2750
01:58:29,920 --> 01:58:31,760
the credit belongs to the man or the

2751
01:58:31,760 --> 01:58:35,199
woman who is actually in the arena.

2752
01:58:35,199 --> 01:58:38,320
whose face is marred by dust and sweat

2753
01:58:38,320 --> 01:58:41,040
and blood. Who at the worst if he or she

2754
01:58:41,040 --> 01:58:43,760
fails at least fails while daring while

2755
01:58:43,760 --> 01:58:47,199
daring greatly so that his or her place

2756
01:58:47,199 --> 01:58:49,119
shall never be with those cold and timid

2757
01:58:49,119 --> 01:58:50,719
souls who neither know victory nor

2758
01:58:50,719 --> 01:58:53,360
defeat. What happened to you is an

2759
01:58:53,360 --> 01:58:56,000
aberration of our culture.

2760
01:58:56,000 --> 01:58:58,000
I'm sorry for the sleepless nights and

2761
01:58:58,000 --> 01:58:59,440
the personal and professional anguish

2762
01:58:59,440 --> 01:59:02,080
you have endured. That is the burden of

2763
01:59:02,080 --> 01:59:04,320
volunteerism and leadership.

2764
01:59:04,320 --> 01:59:06,080
Thank you for your service and please

2765
01:59:06,080 --> 01:59:08,560
don't be deterred by the arrows from the

2766
01:59:08,560 --> 01:59:12,000
folks in the seats. This case Ten Still

2767
01:59:12,000 --> 01:59:13,679
Creek

2768
01:59:13,679 --> 01:59:15,360
has also been inconsistent with our

2769
01:59:15,360 --> 01:59:19,199
culture. In 2023, I was asked by Mr.

2770
01:59:19,199 --> 01:59:22,400
Middleman to secure In 2023, I was asked

2771
01:59:22,400 --> 01:59:24,080
by Mr. Middleman to secure planning

2772
01:59:24,080 --> 01:59:25,520
commission votes in the applicant's

2773
01:59:25,520 --> 01:59:27,199
favor.

2774
01:59:27,199 --> 01:59:29,760
When that failed after the planning

2775
01:59:29,760 --> 01:59:32,960
commission vote, I w a ethics complaint

2776
01:59:32,960 --> 01:59:35,920
was filed publicly against me by the

2777
01:59:35,920 --> 01:59:38,639
middleman's. I suggest you read the

2778
01:59:38,639 --> 01:59:40,639
ethics complaint and its findings to get

2779
01:59:40,639 --> 01:59:44,000
an idea for the applicant's ethics.

2780
01:59:44,000 --> 01:59:46,239
And most recently, we were all served

2781
01:59:46,239 --> 01:59:49,119
with public records request, a clear

2782
01:59:49,119 --> 01:59:50,800
signal that honey wasn't working and

2783
01:59:50,800 --> 01:59:54,400
vinegar was coming from Costco.

2784
01:59:54,400 --> 01:59:56,880
And today you heard a litany of threats

2785
01:59:56,880 --> 01:59:58,800
that the town would be subjected against

2786
01:59:58,800 --> 02:00:00,639
by their attorney who has litigated the

2787
02:00:00,639 --> 02:00:02,000
most cases ever in the state of

2788
02:00:02,000 --> 02:00:04,000
California.

2789
02:00:04,000 --> 02:00:07,199
This comes down to one thing, character.

2790
02:00:07,199 --> 02:00:09,679
Cave in bullying becomes an acceptable

2791
02:00:09,679 --> 02:00:12,639
way to do business in this town. Today

2792
02:00:12,639 --> 02:00:15,920
the applicant's making a bet and the bet

2793
02:00:15,920 --> 02:00:17,599
is that with everything the town has

2794
02:00:17,599 --> 02:00:19,920
gone through this year, the town does

2795
02:00:19,920 --> 02:00:21,920
not want a lawsuit.

2796
02:00:21,920 --> 02:00:24,800
So their application will be granted.

2797
02:00:24,800 --> 02:00:27,360
My second point, the applicant has had

2798
02:00:27,360 --> 02:00:29,440
every advantage.

2799
02:00:29,440 --> 02:00:32,239
State density mandates, full planning

2800
02:00:32,239 --> 02:00:34,480
department support, unlimited

2801
02:00:34,480 --> 02:00:36,560
presentation time. You've witnessed it

2802
02:00:36,560 --> 02:00:38,400
today,

2803
02:00:38,400 --> 02:00:40,719
and the full win behind their backs at

2804
02:00:40,719 --> 02:00:43,360
every point. Yet they cannot get a

2805
02:00:43,360 --> 02:00:48,080
favorable vote. Why?

2806
02:00:48,080 --> 02:00:49,920
because demanding a variance while

2807
02:00:49,920 --> 02:00:53,119
making zero effort

2808
02:00:53,119 --> 02:00:57,750
to work with the affected neighbors

2809
02:00:57,760 --> 02:01:00,880
and and the more time goes by doubling

2810
02:01:00,880 --> 02:01:04,960
down on threats at every turn.

2811
02:01:04,960 --> 02:01:06,159
Let me repeat that.

2812
02:01:06,159 --> 02:01:07,840
>> We got just do the parliamentary thing

2813
02:01:07,840 --> 02:01:10,639
here for a second, Alex.

2814
02:01:10,639 --> 02:01:11,920
>> Please. Thank you.

2815
02:01:11,920 --> 02:01:14,080
>> Um good evening. My name is Barbara

2816
02:01:14,080 --> 02:01:16,800
Costa and I would like I live at um 130

2817
02:01:16,800 --> 02:01:18,960
Sunrise Drive and I would like to donate

2818
02:01:18,960 --> 02:01:21,199
my time. Thank you.

2819
02:01:21,199 --> 02:01:24,159
>> Thank you.

2820
02:01:24,159 --> 02:01:25,599
>> I'm going to repeat this again. The

2821
02:01:25,599 --> 02:01:28,000
applicant has had every advantage, state

2822
02:01:28,000 --> 02:01:30,000
density mandates, full planning

2823
02:01:30,000 --> 02:01:32,000
department support, unlimited

2824
02:01:32,000 --> 02:01:35,119
presentation time every time, and full

2825
02:01:35,119 --> 02:01:36,880
win behind their backs at every point.

2826
02:01:36,880 --> 02:01:40,000
Yet, they cannot get a favorable vote.

2827
02:01:40,000 --> 02:01:44,320
Why? Look at the yellow caps here. Zero

2828
02:01:44,320 --> 02:01:47,199
input into this project and at every

2829
02:01:47,199 --> 02:01:50,400
turn doubling down on threats.

2830
02:01:50,400 --> 02:01:53,280
Exhibit A myself.

2831
02:01:53,280 --> 02:01:56,400
Third, let's be clear about one thing.

2832
02:01:56,400 --> 02:02:00,320
No one is denying their right to build.

2833
02:02:00,320 --> 02:02:03,360
No one is suppressing housing units.

2834
02:02:03,360 --> 02:02:07,599
We are denying a variance request.

2835
02:02:07,599 --> 02:02:10,400
They can revise their plans. They can

2836
02:02:10,400 --> 02:02:12,880
stay within their building envelope

2837
02:02:12,880 --> 02:02:15,920
and still get everything they need.

2838
02:02:15,920 --> 02:02:17,280
The message in this room is

2839
02:02:17,280 --> 02:02:19,119
unmistakable.

2840
02:02:19,119 --> 02:02:22,320
Vote our way and we'll vote our way or

2841
02:02:22,320 --> 02:02:24,719
we'll sue.

2842
02:02:24,719 --> 02:02:26,639
You've heard the many disguised threats

2843
02:02:26,639 --> 02:02:28,159
tonight

2844
02:02:28,159 --> 02:02:29,760
and you've been subjected to these

2845
02:02:29,760 --> 02:02:32,480
disguised threats earlier this year.

2846
02:02:32,480 --> 02:02:37,910
Vote our way or we'll sue.

2847
02:02:37,920 --> 02:02:42,239
That's who we are. No,

2848
02:02:42,239 --> 02:02:45,199
I did not serve in the armed forces. I

2849
02:02:45,199 --> 02:02:47,599
became a US citizen.

2850
02:02:47,599 --> 02:02:50,320
And for everybody that knows me, I am a

2851
02:02:50,320 --> 02:02:53,360
representation of what America is.

2852
02:02:53,360 --> 02:02:56,480
We deserve better.

2853
02:02:56,480 --> 02:02:58,639
Thank you.

2854
02:02:58,639 --> 02:03:04,950
Alex.

2855
02:03:04,960 --> 02:03:09,520
No need for Yes, sir. Welcome.

2856
02:03:09,520 --> 02:03:13,189
Where's the

2857
02:03:13,199 --> 02:03:16,480
» My name is Jeffrey Pel. I grew up here

2858
02:03:16,480 --> 02:03:18,480
and have lived just up the street on

2859
02:03:18,480 --> 02:03:21,199
Miramontes Road for over 20 years,

2860
02:03:21,199 --> 02:03:23,440
almost my whole life.

2861
02:03:23,440 --> 02:03:26,400
But it's like this that makes me

2862
02:03:26,400 --> 02:03:28,080
embarrassed to say that I'm from

2863
02:03:28,080 --> 02:03:31,440
Woodside because we have shown ourselves

2864
02:03:31,440 --> 02:03:34,080
to consistently be part of the problem,

2865
02:03:34,080 --> 02:03:36,560
not the solution. We are the town that

2866
02:03:36,560 --> 02:03:38,239
tried to declare itself a mountain lion

2867
02:03:38,239 --> 02:03:40,239
sanctuary to get out of building housing

2868
02:03:40,239 --> 02:03:42,480
in a housing crisis. That is who we are

2869
02:03:42,480 --> 02:03:44,639
to the rest of California.

2870
02:03:44,639 --> 02:03:46,800
This project is the top pipeline project

2871
02:03:46,800 --> 02:03:48,480
in our housing element. And a no vote

2872
02:03:48,480 --> 02:03:49,920
here is the sort of thing that gets

2873
02:03:49,920 --> 02:03:51,679
elements descertified and cities

2874
02:03:51,679 --> 02:03:54,000
subjected to builder's remedy. But more

2875
02:03:54,000 --> 02:03:56,639
importantly, to deny this project is to

2876
02:03:56,639 --> 02:03:58,880
harm someone for the benefit of almost

2877
02:03:58,880 --> 02:04:01,280
no one. I've never needed to drive down

2878
02:04:01,280 --> 02:04:02,880
Still Creek Road. And the same is

2879
02:04:02,880 --> 02:04:04,800
probably true for the vast majority of

2880
02:04:04,800 --> 02:04:07,119
other residents in town. You've heard

2881
02:04:07,119 --> 02:04:09,119
from a lot of people who claim that the

2882
02:04:09,119 --> 02:04:11,760
project would be unsafe, impinge on

2883
02:04:11,760 --> 02:04:14,400
their privacy, and so on and so forth.

2884
02:04:14,400 --> 02:04:15,679
Some of the arguments given tonight

2885
02:04:15,679 --> 02:04:18,239
would apply equally well to any house

2886
02:04:18,239 --> 02:04:21,040
anywhere. In reality, the cost we're

2887
02:04:21,040 --> 02:04:23,040
struggling with is that a small handful

2888
02:04:23,040 --> 02:04:25,119
of neighbors would be subjected to the

2889
02:04:25,119 --> 02:04:27,440
occasional and brief view while driving

2890
02:04:27,440 --> 02:04:30,239
of a house. If they wanted that land to

2891
02:04:30,239 --> 02:04:32,320
stay empty, any of them could have made

2892
02:04:32,320 --> 02:04:34,719
an offer. As far as I'm aware, they

2893
02:04:34,719 --> 02:04:36,880
didn't. Instead, they're trying to abuse

2894
02:04:36,880 --> 02:04:38,880
the machinery of government to assert a

2895
02:04:38,880 --> 02:04:40,560
property right over land that isn't

2896
02:04:40,560 --> 02:04:42,400
theirs. That is not what the planning

2897
02:04:42,400 --> 02:04:43,920
process is for. That's not what

2898
02:04:43,920 --> 02:04:45,440
government is for. And I don't believe

2899
02:04:45,440 --> 02:04:47,760
this council should reward it. Time is

2900
02:04:47,760 --> 02:04:49,440
money for the applicants as well as for

2901
02:04:49,440 --> 02:04:51,679
the Peninsula Housing Market as a whole.

2902
02:04:51,679 --> 02:04:53,599
To vote no tonight would be to continue

2903
02:04:53,599 --> 02:04:56,320
to impose an unjust loss on a family

2904
02:04:56,320 --> 02:04:58,320
with their roots here, like myself, like

2905
02:04:58,320 --> 02:05:00,320
many others here, who wants to raise

2906
02:05:00,320 --> 02:05:01,679
their kids here, like many others in

2907
02:05:01,679 --> 02:05:03,440
this room, who've been dragged through a

2908
02:05:03,440 --> 02:05:05,520
Kafka-esque nightmare of our own

2909
02:05:05,520 --> 02:05:08,480
creation for years for trying. Building

2910
02:05:08,480 --> 02:05:10,400
houses is not contrary to the character

2911
02:05:10,400 --> 02:05:12,960
of the town. Those who do vote no should

2912
02:05:12,960 --> 02:05:14,800
be ashamed. This is not a difficult

2913
02:05:14,800 --> 02:05:16,719
decision. I ask the council to do the

2914
02:05:16,719 --> 02:05:18,080
right thing, accept staff's

2915
02:05:18,080 --> 02:05:20,400
recommendation, and approve the project.

2916
02:05:20,400 --> 02:05:21,599
Thank you.

2917
02:05:21,599 --> 02:05:27,030
Jeffrey.

2918
02:05:27,040 --> 02:05:33,189
Others.

2919
02:05:33,199 --> 02:05:36,639
Okay. Well, nobody has got there.

2920
02:05:36,639 --> 02:05:39,920
Anybody on? There we go. Uh,

2921
02:05:39,920 --> 02:05:42,400
wonderful suggestion. Thank you. Uh,

2922
02:05:42,400 --> 02:05:44,960
Caroline Caroline, welcome.

2923
02:05:44,960 --> 02:05:48,480
>> Hi. Yes. Thank you. I'm here to speak in

2924
02:05:48,480 --> 02:05:50,159
support of the applicant and the

2925
02:05:50,159 --> 02:05:52,800
proposed project at 10 Still Creek. My

2926
02:05:52,800 --> 02:05:54,400
name is Caroline New. I'm Kristen's

2927
02:05:54,400 --> 02:05:57,520
sister. I'm also a resident of Woodside.

2928
02:05:57,520 --> 02:05:59,360
As you've heard, Kristen and David, my

2929
02:05:59,360 --> 02:06:01,040
brother-in-law, have been pursuing this

2930
02:06:01,040 --> 02:06:03,520
project for 5 and a half years on land

2931
02:06:03,520 --> 02:06:06,560
that our dad purchased in the 70s.

2932
02:06:06,560 --> 02:06:08,080
And they intend to build this

2933
02:06:08,080 --> 02:06:10,639
multi-generational residence and provide

2934
02:06:10,639 --> 02:06:12,960
affordable housing to help satisfy

2935
02:06:12,960 --> 02:06:15,760
Woodside's housing element. As was just

2936
02:06:15,760 --> 02:06:17,679
mentioned in the town's certified

2937
02:06:17,679 --> 02:06:22,000
housing element plan for 2023 to 2031,

2938
02:06:22,000 --> 02:06:24,800
this property 10 Still Creek is listed

2939
02:06:24,800 --> 02:06:26,960
as the first pipeline project on that

2940
02:06:26,960 --> 02:06:30,800
chart. The proposed building site lies

2941
02:06:30,800 --> 02:06:35,119
on 2/10 of an acre of the 9.6 acre

2942
02:06:35,119 --> 02:06:38,320
property located among hundreds of

2943
02:06:38,320 --> 02:06:40,719
redwood trees with no neighbors in

2944
02:06:40,719 --> 02:06:44,159
sight. Our neighbors have expressed

2945
02:06:44,159 --> 02:06:46,960
concerns in the past that have not been

2946
02:06:46,960 --> 02:06:49,679
said out loud tonight. During previous

2947
02:06:49,679 --> 02:06:52,000
town meetings, neighbors voiced their

2948
02:06:52,000 --> 02:06:54,159
concerns about who would be living in

2949
02:06:54,159 --> 02:06:56,960
the affordable housing units, saying the

2950
02:06:56,960 --> 02:06:59,520
project doesn't belong in, is not

2951
02:06:59,520 --> 02:07:02,079
appropriate for Woodside, and describing

2952
02:07:02,079 --> 02:07:04,639
it as an apartment complex.

2953
02:07:04,639 --> 02:07:07,920
This is elitism and classism at best,

2954
02:07:07,920 --> 02:07:11,040
discrimination at worst.

2955
02:07:11,040 --> 02:07:15,040
As a reminder, in 2021, the ASRB

2956
02:07:15,040 --> 02:07:17,199
approved the application to proceed to

2957
02:07:17,199 --> 02:07:20,239
formal design review, but when Kristen

2958
02:07:20,239 --> 02:07:22,960
and David decided to add a third ADU to

2959
02:07:22,960 --> 02:07:25,199
house an additional community member, it

2960
02:07:25,199 --> 02:07:28,239
had to go back to square one.

2961
02:07:28,239 --> 02:07:30,000
We've seen that many neighboring

2962
02:07:30,000 --> 02:07:32,560
properties in Skywood Acres have at

2963
02:07:32,560 --> 02:07:35,360
least one setback that does not match

2964
02:07:35,360 --> 02:07:38,800
the town of Woodid's current zoning

2965
02:07:38,800 --> 02:07:40,960
because the neighborhood was annexed

2966
02:07:40,960 --> 02:07:42,800
into Woodside

2967
02:07:42,800 --> 02:07:45,760
um decades ago and until that point

2968
02:07:45,760 --> 02:07:48,480
setbacks were under the purview of the

2969
02:07:48,480 --> 02:07:52,239
county which did allow for setbacks of

2970
02:07:52,239 --> 02:07:56,400
25 ft in the front. So increasing the

2971
02:07:56,400 --> 02:07:59,679
setback, not granting this exception

2972
02:07:59,679 --> 02:08:02,159
that they've requested.

2973
02:08:02,159 --> 02:08:03,840
If they were to go back to the drawing

2974
02:08:03,840 --> 02:08:06,960
board and redesign has been suggested,

2975
02:08:06,960 --> 02:08:09,440
increasing that setback would require

2976
02:08:09,440 --> 02:08:12,800
more excavation to level the hill,

2977
02:08:12,800 --> 02:08:14,400
increase the number of trees that need

2978
02:08:14,400 --> 02:08:17,679
to be removed. And Kristen and David,

2979
02:08:17,679 --> 02:08:20,480
but especially Kristen, has always

2980
02:08:20,480 --> 02:08:23,679
wanted to respect the woods, the natural

2981
02:08:23,679 --> 02:08:26,480
terrain, and disturb the land as little

2982
02:08:26,480 --> 02:08:29,760
as possible because she respects this

2983
02:08:29,760 --> 02:08:35,280
land more than anyone I know. Thank you.

2984
02:08:35,280 --> 02:08:38,239
>> Thank you, Caroline.

2985
02:08:38,239 --> 02:08:42,069
>> Yes. Welcome.

2986
02:08:42,079 --> 02:08:45,520
I'm also a Caroline, but mine is

2987
02:08:45,520 --> 02:08:49,599
Carolina Blake and I live at 60 Ranch

2988
02:08:49,599 --> 02:08:54,079
Road Skywood Acres and I was a firewise

2989
02:08:54,079 --> 02:08:56,719
leader for Skywood and Steel Creek for

2990
02:08:56,719 --> 02:08:59,840
the past five years. I just turned that

2991
02:08:59,840 --> 02:09:02,079
over to Art

2992
02:09:02,079 --> 02:09:05,520
um and he will continue with that. The

2993
02:09:05,520 --> 02:09:08,079
town of Woodside for the last 50 years

2994
02:09:08,079 --> 02:09:11,599
has refused to make Steel Creek into a

2995
02:09:11,599 --> 02:09:14,159
public road because the land does not

2996
02:09:14,159 --> 02:09:16,560
have the capacity to support such a

2997
02:09:16,560 --> 02:09:18,239
development.

2998
02:09:18,239 --> 02:09:22,800
Therefore, the town now wants to approve

2999
02:09:22,800 --> 02:09:25,199
such a heavy development on the same

3000
02:09:25,199 --> 02:09:28,400
land by making an exception for the

3001
02:09:28,400 --> 02:09:32,639
benefit of only two people, one family

3002
02:09:32,639 --> 02:09:35,679
that increases the fire risk for the

3003
02:09:35,679 --> 02:09:38,639
entire community. The code must be

3004
02:09:38,639 --> 02:09:42,400
applied equally to everyone so we can

3005
02:09:42,400 --> 02:09:46,239
all be safe.

3006
02:09:46,239 --> 02:09:48,239
The appeal is asking that the town

3007
02:09:48,239 --> 02:09:51,280
treats these applicants differently by

3008
02:09:51,280 --> 02:09:54,719
granting an extension only for them.

3009
02:09:54,719 --> 02:09:56,960
You just have heard from Fire Marshall

3010
02:09:56,960 --> 02:09:59,520
Parker and a lot of other people that

3011
02:09:59,520 --> 02:10:03,119
extending the extension will endanger

3012
02:10:03,119 --> 02:10:05,440
not only the other residents in Still

3013
02:10:05,440 --> 02:10:08,960
Creek, but also our neighborhood, which

3014
02:10:08,960 --> 02:10:13,520
is adjacent Skyward Acres, adjacent with

3015
02:10:13,520 --> 02:10:17,760
75 homes and approximately

3016
02:10:17,760 --> 02:10:20,000
200 people.

3017
02:10:20,000 --> 02:10:22,159
If you grant this extension and place

3018
02:10:22,159 --> 02:10:25,119
our community at a great risk of losing

3019
02:10:25,119 --> 02:10:27,440
our homes or insuranceances,

3020
02:10:27,440 --> 02:10:30,960
is the town also going to consider today

3021
02:10:30,960 --> 02:10:33,520
to be accountable and put in place

3022
02:10:33,520 --> 02:10:38,079
measures that protect us?

3023
02:10:38,079 --> 02:10:40,800
Is the town going to set aside a fund to

3024
02:10:40,800 --> 02:10:44,079
help us rebuild our homes? Is the town

3025
02:10:44,079 --> 02:10:46,960
going to get us insurance where our

3026
02:10:46,960 --> 02:10:49,920
current insurance get cancelled? Is the

3027
02:10:49,920 --> 02:10:52,480
town going to pay for the difference for

3028
02:10:52,480 --> 02:10:54,639
a much more expensive insurance that we

3029
02:10:54,639 --> 02:10:56,960
will need to pay to secure our

3030
02:10:56,960 --> 02:10:59,520
community? If the answer to these

3031
02:10:59,520 --> 02:11:02,239
questions is no, the town must deny the

3032
02:11:02,239 --> 02:11:06,159
exception and must deny the appeal.

3033
02:11:06,159 --> 02:11:09,920
State housing law does not override

3034
02:11:09,920 --> 02:11:13,199
California's state fire safety code and

3035
02:11:13,199 --> 02:11:16,400
regulations in particular in the areas

3036
02:11:16,400 --> 02:11:20,639
of very high fire severity zones as

3037
02:11:20,639 --> 02:11:22,800
defined by the California government

3038
02:11:22,800 --> 02:11:25,520
code. Thank you.

3039
02:11:25,520 --> 02:11:30,550
>> Thank you.

3040
02:11:30,560 --> 02:11:34,400
Other comments? Anyone in the Zoom room?

3041
02:11:34,400 --> 02:11:37,199
Anyone

3042
02:11:37,199 --> 02:11:40,800
in independence hall?

3043
02:11:40,800 --> 02:11:44,719
Okay, then we will close uh well before

3044
02:11:44,719 --> 02:11:46,239
we close public comment. Are there any

3045
02:11:46,239 --> 02:11:49,920
questions of any of the public speakers

3046
02:11:49,920 --> 02:11:55,750
by any member of the council?

3047
02:11:55,760 --> 02:11:59,679
Just I have one uh I'm sorry. Let me um

3048
02:11:59,679 --> 02:12:00,960
I don't know who directed it at so maybe

3049
02:12:00,960 --> 02:12:04,159
I'll go to you Mr. Parker. Um

3050
02:12:04,159 --> 02:12:06,079
this is this

3051
02:12:06,079 --> 02:12:07,520
heard it repeatedly tonight, but it's

3052
02:12:07,520 --> 02:12:09,360
this issue of Oh, and hi Jen. We'll go

3053
02:12:09,360 --> 02:12:11,920
to Jen next. Um

3054
02:12:11,920 --> 02:12:14,000
the idea of a it's a tipping point

3055
02:12:14,000 --> 02:12:16,480
argument that of all the houses, this

3056
02:12:16,480 --> 02:12:18,000
next one is going to be the one that's

3057
02:12:18,000 --> 02:12:21,119
going to cause fire risk and safe public

3058
02:12:21,119 --> 02:12:24,239
safety risk. Why is this project versus

3059
02:12:24,239 --> 02:12:26,320
any other house in the neighborhood now

3060
02:12:26,320 --> 02:12:28,320
that why would we consider it the

3061
02:12:28,320 --> 02:12:30,960
tipping point project? I mean, this is a

3062
02:12:30,960 --> 02:12:33,360
case that's being made by by a lot of

3063
02:12:33,360 --> 02:12:36,320
people here tonight,

3064
02:12:36,320 --> 02:12:38,159
>> right? I I believe I understand the

3065
02:12:38,159 --> 02:12:40,159
question is we're talking about what

3066
02:12:40,159 --> 02:12:42,800
what's the the true increased level of

3067
02:12:42,800 --> 02:12:45,599
risk and in the report I I describe it

3068
02:12:45,599 --> 02:12:48,880
as uh we can't we need to do we do what

3069
02:12:48,880 --> 02:12:50,719
we can with existing homes and going and

3070
02:12:50,719 --> 02:12:52,880
make with the firewise programs and and

3071
02:12:52,880 --> 02:12:54,480
trying to deal with them. The key is

3072
02:12:54,480 --> 02:12:56,560
we've got to stop adding to the problem.

3073
02:12:56,560 --> 02:12:59,599
And I started in the 1980s trying to

3074
02:12:59,599 --> 02:13:01,920
convince uh many of us that we we've got

3075
02:13:01,920 --> 02:13:03,199
to stop adding to the problem

3076
02:13:03,199 --> 02:13:05,920
incrementally. So whether this is a a

3077
02:13:05,920 --> 02:13:11,040
catastrophic issue in a wildfire um is a small percentage, but it's adding

3078
02:13:11,040 --> 02:13:13,280
to the piece. It's very likely a piece.

3079
02:13:13,280 --> 02:13:15,840
it's going to cause blocked roads and uh

3080
02:13:15,840 --> 02:13:19,360
at times and that enters into the

3081
02:13:19,360 --> 02:13:21,840
overall fire life safety and there's

3082
02:13:21,840 --> 02:13:24,159
ways of it from what I see there's ways

3083
02:13:24,159 --> 02:13:26,639
of mitigating the increased risk to a

3084
02:13:26,639 --> 02:13:28,960
level to where it's close it's so

3085
02:13:28,960 --> 02:13:32,000
minuscule or so small it wouldn't um

3086
02:13:32,000 --> 02:13:35,280
really enter into this but as it's uh

3087
02:13:35,280 --> 02:13:37,199
exists right now a very large project

3088
02:13:37,199 --> 02:13:41,199
very small uh footprint to build on uh

3089
02:13:41,199 --> 02:13:43,280
close to the roads not allowing adequate

3090
02:13:43,280 --> 02:13:45,760
defensible space. Its own plan calls for

3091
02:13:45,760 --> 02:13:47,679
100 ft. It can't reach that. So, it's

3092
02:13:47,679 --> 02:13:49,679
just it's again it's just too much in in

3093
02:13:49,679 --> 02:13:52,880
a small area and it can be mitigated uh

3094
02:13:52,880 --> 02:13:55,360
by downsizing and meeting existing

3095
02:13:55,360 --> 02:13:56,560
standards.

3096
02:13:56,560 --> 02:14:00,000
>> Okay. Thank you. Council member Wall

3097
02:14:00,000 --> 02:14:01,360
have a question.

3098
02:14:01,360 --> 02:14:03,760
>> Yeah. Um actually have a question for

3099
02:14:03,760 --> 02:14:06,639
staff. Um procedurally, is that okay if

3100
02:14:06,639 --> 02:14:08,719
I direct another question towards staff

3101
02:14:08,719 --> 02:14:12,000
based on what I just heard?

3102
02:14:12,000 --> 02:14:13,119
Yeah.

3103
02:14:13,119 --> 02:14:17,599
>> Okay. Um, so I heard at least two but

3104
02:14:17,599 --> 02:14:21,840
maybe more um folks comment on this

3105
02:14:21,840 --> 02:14:24,960
notion that the town has refused to turn

3106
02:14:24,960 --> 02:14:28,239
Still Silk Creek Road um or convert it

3107
02:14:28,239 --> 02:14:30,480
into a public road. I don't know if this

3108
02:14:30,480 --> 02:14:33,040
is a question for Sage or maybe Jean.

3109
02:14:33,040 --> 02:14:35,280
Could one of you just sort of give us

3110
02:14:35,280 --> 02:14:37,040
some additional context there? Has have

3111
02:14:37,040 --> 02:14:38,719
there been, you know, applications for

3112
02:14:38,719 --> 02:14:40,719
that? what is what what can you tell us

3113
02:14:40,719 --> 02:14:46,709
about that topic?

3114
02:14:46,719 --> 02:14:48,880
» So, there's an attachment in your um

3115
02:14:48,880 --> 02:14:50,719
staff packet which gives the history of

3116
02:14:50,719 --> 02:14:53,760
this, but um this was um required to be

3117
02:14:53,760 --> 02:14:56,239
a private road uh way back in the 70s

3118
02:14:56,239 --> 02:14:58,239
when the subdivision was approved.

3119
02:14:58,239 --> 02:14:59,920
There's a road maintenance agreement in

3120
02:14:59,920 --> 02:15:01,520
place. It's been in place since that

3121
02:15:01,520 --> 02:15:04,239
time which obligates the owners along

3122
02:15:04,239 --> 02:15:07,920
that road uh to maintain the road. um if

3123
02:15:07,920 --> 02:15:11,679
they do not, the town has options to um

3124
02:15:11,679 --> 02:15:13,760
encourage and or force that maintenance,

3125
02:15:13,760 --> 02:15:15,679
but it is a private road. Has always

3126
02:15:15,679 --> 02:15:17,679
been intended to be a private road based

3127
02:15:17,679 --> 02:15:21,119
on the original subdivision.

3128
02:15:21,119 --> 02:15:22,560
>> Thanks, Jean. Maybe just a quick

3129
02:15:22,560 --> 02:15:24,239
follow-up question. So, have has has

3130
02:15:24,239 --> 02:15:28,159
there been an effort on behalf of the

3131
02:15:28,159 --> 02:15:31,360
residents that are um a part of that

3132
02:15:31,360 --> 02:15:33,679
road maintenance agreement to convert

3133
02:15:33,679 --> 02:15:39,360
the road into a a a non-private road?

3134
02:15:39,360 --> 02:15:41,840
I think I recall um several occasions

3135
02:15:41,840 --> 02:15:48,960
where um um at least Mr. Middleman has asked that the town consider that.

3136
02:15:48,960 --> 02:15:51,119
If I'm incorrect, he can he can correct

3137
02:15:51,119 --> 02:15:53,599
me. Um, but I don't recall anyone else

3138
02:15:53,599 --> 02:15:55,040
uh coming before the council and making

3139
02:15:55,040 --> 02:15:57,920
that request, nor nor would staff um

3140
02:15:57,920 --> 02:16:01,510
recommend that.

3141
02:16:01,520 --> 02:16:04,719
» Um, I'd like to re uh recognize

3142
02:16:04,719 --> 02:16:06,800
Christine new to also speak on this

3143
02:16:06,800 --> 02:16:12,550
issue.

3144
02:16:12,560 --> 02:16:17,440
» Sorry, just to add two things. So, one

3145
02:16:17,440 --> 02:16:19,679
um my husband David Middleman brought

3146
02:16:19,679 --> 02:16:22,000
that proposal to the town actually with

3147
02:16:22,000 --> 02:16:24,480
support of neighbors at that time to

3148
02:16:24,480 --> 02:16:28,239
make the town public. Um part of that

3149
02:16:28,239 --> 02:16:30,159
was that one of the arguments was that

3150
02:16:30,159 --> 02:16:32,319
Sunrise Drive is a public road yet at

3151
02:16:32,319 --> 02:16:34,160
dead ends with no access to anything.

3152
02:16:34,160 --> 02:16:36,479
Whereas Still Creek Road is the only

3153
02:16:36,479 --> 02:16:38,319
access for example to Wonderlick Park

3154
02:16:38,319 --> 02:16:40,800
between the main entrance and skyline.

3155
02:16:40,800 --> 02:16:43,439
Um it also is the access point for the

3156
02:16:43,439 --> 02:16:46,240
slack lines which pose a fire hazard to

3157
02:16:46,240 --> 02:16:49,280
the area. Um and then the last thing you

3158
02:16:49,280 --> 02:16:50,559
had mentioned a road maintenance

3159
02:16:50,559 --> 02:16:51,679
agreement that was not a road

3160
02:16:51,679 --> 02:16:53,359
maintenance agreement. It was a covenant

3161
02:16:53,359 --> 02:16:54,800
that was made between the owners that

3162
02:16:54,800 --> 02:16:56,960
followed the owners not the properties

3163
02:16:56,960 --> 02:17:00,000
and it was um dissolved actually by the

3164
02:17:00,000 --> 02:17:02,080
residents of 45 Still Creek upon their

3165
02:17:02,080 --> 02:17:04,240
purchase of the property uh a number of

3166
02:17:04,240 --> 02:17:07,439
years ago. Um, and so that is no longer

3167
02:17:07,439 --> 02:17:09,599
there is no agreement, covenant,

3168
02:17:09,599 --> 02:17:10,719
whatever you want to call it. There is

3169
02:17:10,719 --> 02:17:12,559
nothing like that in existence for that

3170
02:17:12,559 --> 02:17:13,920
road.

3171
02:17:13,920 --> 02:17:15,679
>> Okay.

3172
02:17:15,679 --> 02:17:17,040
>> Yeah.

3173
02:17:17,040 --> 02:17:18,639
>> Thank you for correcting my my memory of

3174
02:17:18,639 --> 02:17:21,760
the the um request to to uh turn it into

3175
02:17:21,760 --> 02:17:23,599
a public. I would disagree with one

3176
02:17:23,599 --> 02:17:26,080
thing uh that Miss N just said. Uh there

3177
02:17:26,080 --> 02:17:28,080
were some CCNRs that were in place.

3178
02:17:28,080 --> 02:17:30,000
Those were rescended years ago, but

3179
02:17:30,000 --> 02:17:32,240
those specifically indicated that the

3180
02:17:32,240 --> 02:17:33,840
road maintenance agreement remained in

3181
02:17:33,840 --> 02:17:36,479
place and it did not um transform this

3182
02:17:36,479 --> 02:17:38,160
into a public street. It is a private

3183
02:17:38,160 --> 02:17:38,880
road.

3184
02:17:38,880 --> 02:17:41,519
>> Okay. We still have public comment open.

3185
02:17:41,519 --> 02:17:43,920
So, if you want to this is a second bite

3186
02:17:43,920 --> 02:17:45,040
of the apple, but

3187
02:17:45,040 --> 02:17:46,880
>> Miss New just mentioned the residents of

3188
02:17:46,880 --> 02:17:49,359
45 Silk Creek Road as the the people in

3189
02:17:49,359 --> 02:17:52,240
question. Uh I I concur that that that

3190
02:17:52,240 --> 02:17:54,160
road maintenance agreement was not was

3191
02:17:54,160 --> 02:17:57,200
not dissolved uh as part of the the the

3192
02:17:57,200 --> 02:17:59,599
transaction there. It was rather um as

3193
02:17:59,599 --> 02:18:04,080
uh Miss Savvery or is it Savari Savory

3194
02:18:04,080 --> 02:18:07,280
has said that was the the CCNRS. Um but

3195
02:18:07,280 --> 02:18:10,080
I I would also just point out one of the

3196
02:18:10,080 --> 02:18:13,760
big concerns we have here uh is the

3197
02:18:13,760 --> 02:18:15,359
where that's going to happen on the

3198
02:18:15,359 --> 02:18:18,080
road. Um it's a safety issue as has

3199
02:18:18,080 --> 02:18:19,760
already been highlighted to you. It's

3200
02:18:19,760 --> 02:18:21,679
also a cost issue. We spent hundreds of

3201
02:18:21,679 --> 02:18:23,040
thousands of dollars just a few years

3202
02:18:23,040 --> 02:18:25,200
ago when the the road's not in good

3203
02:18:25,200 --> 02:18:27,280
condition. It was it was wiped out uh in

3204
02:18:27,280 --> 02:18:30,240
one small section. Um and the applicants

3205
02:18:30,240 --> 02:18:32,559
have refused to to uh accept a

3206
02:18:32,559 --> 02:18:34,240
responsibility for damage to the road

3207
02:18:34,240 --> 02:18:36,080
during construction. And you know, we

3208
02:18:36,080 --> 02:18:37,920
have a a lot of concerns around that for

3209
02:18:37,920 --> 02:18:40,880
that. So, if the town considers

3210
02:18:40,880 --> 02:18:42,240
approving something like this, I hope

3211
02:18:42,240 --> 02:18:43,760
you would also take responsibility for

3212
02:18:43,760 --> 02:18:45,120
the road because I think it's going to

3213
02:18:45,120 --> 02:18:49,599
create a lot of cost and liability for all of us who own the road. Thank

3214
02:18:49,599 --> 02:18:50,559
you.

3215
02:18:50,559 --> 02:18:52,399
>> Okay.

3216
02:18:52,399 --> 02:18:54,719
Um before we close the public

3217
02:18:54,719 --> 02:18:56,000
hearing, just want to make sure we have

3218
02:18:56,000 --> 02:18:58,319
all the comments uh particularly any

3219
02:18:58,319 --> 02:19:01,120
comments that were submitted today. Um

3220
02:19:01,120 --> 02:19:04,080
so, those are all in the record.

3221
02:19:04,080 --> 02:19:05,599
I'm going to give you a final statement

3222
02:19:05,599 --> 02:19:06,960
in a second. I'm going to allow

3223
02:19:06,960 --> 02:19:08,240
rebuttal. Same thing.

3224
02:19:08,240 --> 02:19:12,309
>> Yes, I am.

3225
02:19:12,319 --> 02:19:15,599
» Okay. Then we're going to close public

3226
02:19:15,599 --> 02:19:17,519
comment, but we're also going to have a

3227
02:19:17,519 --> 02:19:19,760
final statement and rebuttal uh period

3228
02:19:19,760 --> 02:19:23,519
for um the appellant, and we can ask any

3229
02:19:23,519 --> 02:19:25,200
final questions of the appellent at that

3230
02:19:25,200 --> 02:19:34,549
time.

3231
02:19:34,559 --> 02:19:38,240
» Welcome, Ryan. Thank you very much. Um I

3232
02:19:38,240 --> 02:19:39,679
will try to be brief and I think we'll

3233
02:19:39,679 --> 02:19:41,599
have a couple brief statements from a

3234
02:19:41,599 --> 02:19:44,240
couple members of our team as well.

3235
02:19:44,240 --> 02:19:46,479
>> Uh first

3236
02:19:46,479 --> 02:19:49,040
the legal standard here uh at the end of

3237
02:19:49,040 --> 02:19:51,359
the day you're making a decision. That

3238
02:19:51,359 --> 02:19:52,960
decision has a standard that it's held

3239
02:19:52,960 --> 02:19:56,319
to. that standard is under the HAA.

3240
02:19:56,319 --> 02:19:58,880
Could a reasonable person find that the

3241
02:19:58,880 --> 02:20:00,800
project meets the applicable objective

3242
02:20:00,800 --> 02:20:04,000
standards? And if so, then under the

3243
02:20:04,000 --> 02:20:07,120
law, it does meet those standards.

3244
02:20:07,120 --> 02:20:10,479
So, it's not a a substantial evidence

3245
02:20:10,479 --> 02:20:12,880
council gets the benefit of the doubt

3246
02:20:12,880 --> 02:20:16,560
standard anymore. the law in 2018 under

3247
02:20:16,560 --> 02:20:18,399
legislation I contributed to changed

3248
02:20:18,399 --> 02:20:21,200
that standard so that if any reasonable

3249
02:20:21,200 --> 02:20:22,880
person could find that it meets the

3250
02:20:22,880 --> 02:20:24,960
applicable standards than it does by

3251
02:20:24,960 --> 02:20:27,359
operation of law.

3252
02:20:27,359 --> 02:20:29,200
Um

3253
02:20:29,200 --> 02:20:32,160
I'd like to speak to the fire issue. Um

3254
02:20:32,160 --> 02:20:34,479
I I respect the community's concern

3255
02:20:34,479 --> 02:20:37,680
about fire. However, the state has been

3256
02:20:37,680 --> 02:20:40,479
clear on this. Uh, state law forbids

3257
02:20:40,479 --> 02:20:42,880
fire hazard severity zone from being

3258
02:20:42,880 --> 02:20:46,720
used as a basis to deny ad use. Um,

3259
02:20:46,720 --> 02:20:49,359
Calire office of the state fire marshall

3260
02:20:49,359 --> 02:20:53,120
information bulletin 25-004

3261
02:20:53,120 --> 02:20:56,800
from March 3rd, 2025 is unambiguous. It

3262
02:20:56,800 --> 02:20:59,439
says, quote, fire hazard severity zones

3263
02:20:59,439 --> 02:21:01,040
should not restrict the development of

3264
02:21:01,040 --> 02:21:04,160
accessory dwelling units. End quote.

3265
02:21:04,160 --> 02:21:06,479
Uh Woodside Fire Protection District,

3266
02:21:06,479 --> 02:21:08,720
the agency the state has delegated to

3267
02:21:08,720 --> 02:21:11,359
enforce fire safety in Woodside, has

3268
02:21:11,359 --> 02:21:14,160
already engaged with this project. Um it

3269
02:21:14,160 --> 02:21:16,080
will be responsible for ensuring fire

3270
02:21:16,080 --> 02:21:17,760
safety.

3271
02:21:17,760 --> 02:21:21,120
The hazard designation for this site is

3272
02:21:21,120 --> 02:21:24,319
not unique to this site. Uh Ten Still

3273
02:21:24,319 --> 02:21:27,520
Creek Road sits in the same very high

3274
02:21:27,520 --> 02:21:29,600
fires hazard severity zone as

3275
02:21:29,600 --> 02:21:31,520
essentially the entire western hills of

3276
02:21:31,520 --> 02:21:34,560
Woodside. It is not unique

3277
02:21:34,560 --> 02:21:36,960
and the applicant's engineered fire

3278
02:21:36,960 --> 02:21:39,439
safety package equals or exceeds every

3279
02:21:39,439 --> 02:21:42,080
applicable code. self-imposed two-hour

3280
02:21:42,080 --> 02:21:44,560
fire rating, steel structural framing,

3281
02:21:44,560 --> 02:21:46,720
metal cladding, class A roof,

3282
02:21:46,720 --> 02:21:49,439
pebblestone non-combustible zone zero,

3283
02:21:49,439 --> 02:21:51,760
100 ft lean, clean green defensible

3284
02:21:51,760 --> 02:21:55,439
space, mandatory NFPA 13D interior

3285
02:21:55,439 --> 02:21:58,160
sprinklers, plus exterior wildfire

3286
02:21:58,160 --> 02:22:00,160
defense sprinklers of the kind credited

3287
02:22:00,160 --> 02:22:03,439
with saving homes in the 2025 Palisades

3288
02:22:03,439 --> 02:22:07,600
fire. Cal Water Hydrant Fire with 600 ft

3289
02:22:07,600 --> 02:22:10,000
confirmed by staff. building cited

3290
02:22:10,000 --> 02:22:12,160
within 150 ft of the road. So no

3291
02:22:12,160 --> 02:22:15,520
apparatus turnaround is required and on

3292
02:22:15,520 --> 02:22:17,200
engineering this is simply one of the

3293
02:22:17,200 --> 02:22:21,359
most fire hardened projects imaginable

3294
02:22:21,359 --> 02:22:23,680
um that probably ever brought to the

3295
02:22:23,680 --> 02:22:25,520
town

3296
02:22:25,520 --> 02:22:27,840
and a formal vegetation management plan

3297
02:22:27,840 --> 02:22:31,439
while not required is being provided.

3298
02:22:31,439 --> 02:22:33,280
The exception

3299
02:22:33,280 --> 02:22:35,439
is what is being considered here today,

3300
02:22:35,439 --> 02:22:37,760
not the fire risk of the project. And

3301
02:22:37,760 --> 02:22:40,399
the exception does not increase fire

3302
02:22:40,399 --> 02:22:43,040
risk. So there may be concerns about

3303
02:22:43,040 --> 02:22:46,160
building in urban wild fire wildlands

3304
02:22:46,160 --> 02:22:47,760
interfaces,

3305
02:22:47,760 --> 02:22:49,920
but the thing before the council tonight

3306
02:22:49,920 --> 02:22:52,479
is the exception and the exception is

3307
02:22:52,479 --> 02:22:54,880
not implicated by those concerns. the

3308
02:22:54,880 --> 02:22:57,359
exception of having this much setback or

3309
02:22:57,359 --> 02:23:00,640
this much setback is it's a marginal

3310
02:23:00,640 --> 02:23:02,000
difference and it does not actually

3311
02:23:02,000 --> 02:23:04,479
impact fire risk

3312
02:23:04,479 --> 02:23:07,680
under the state law. If the council were

3313
02:23:07,680 --> 02:23:09,920
to deny the project or condition it in a

3314
02:23:09,920 --> 02:23:12,319
manner that renders it infeasible,

3315
02:23:12,319 --> 02:23:15,200
renders it impossible to to feasibly

3316
02:23:15,200 --> 02:23:20,240
build. Um the standard there is that

3317
02:23:20,240 --> 02:23:23,920
there is no alternative uh that it it

3318
02:23:23,920 --> 02:23:27,680
violates an accepted quote objective

3319
02:23:27,680 --> 02:23:29,200
identified written public health or

3320
02:23:29,200 --> 02:23:32,240
safety standard policy or conditions at

3321
02:23:32,240 --> 02:23:34,080
the as they existed on the date the

3322
02:23:34,080 --> 02:23:36,319
application was deemed complete. So

3323
02:23:36,319 --> 02:23:38,960
while there are concerns generally about

3324
02:23:38,960 --> 02:23:42,319
building in urban wildland interface

3325
02:23:42,319 --> 02:23:46,479
areas, there is no objective quantified

3326
02:23:46,479 --> 02:23:48,960
standard that has been implicated here.

3327
02:23:48,960 --> 02:23:50,399
There is no standard that we can point

3328
02:23:50,399 --> 02:23:52,560
to and say this is violated by the

3329
02:23:52,560 --> 02:23:54,640
project. It imposes a health and safety

3330
02:23:54,640 --> 02:23:57,680
risk of this standard of this quantified

3331
02:23:57,680 --> 02:24:00,960
magnitude and therefore that cannot be

3332
02:24:00,960 --> 02:24:03,680
used to deny the exception to deny the

3333
02:24:03,680 --> 02:24:06,640
project. State law does not allow that.

3334
02:24:06,640 --> 02:24:08,640
And

3335
02:24:08,640 --> 02:24:11,359
the the likely impact of that if this

3336
02:24:11,359 --> 02:24:14,319
were to go into an argument at the next

3337
02:24:14,319 --> 02:24:16,240
level about this, we've already said

3338
02:24:16,240 --> 02:24:19,680
it's it's five $50,000 per unit tonight

3339
02:24:19,680 --> 02:24:21,120
plus the attorney's fees. We're looking

3340
02:24:21,120 --> 02:24:22,960
at probably a million dollar bill to the

3341
02:24:22,960 --> 02:24:25,760
city to the town if it goes that way.

3342
02:24:25,760 --> 02:24:28,240
So, we don't want that. I'm not here to

3343
02:24:28,240 --> 02:24:30,160
threaten the town. I haven't been asked

3344
02:24:30,160 --> 02:24:32,240
by my clients certainly to threaten the

3345
02:24:32,240 --> 02:24:34,720
town. I'm here trying to explain why the

3346
02:24:34,720 --> 02:24:36,399
state law requires approval of the

3347
02:24:36,399 --> 02:24:39,120
project and approval of the exception.

3348
02:24:39,120 --> 02:24:41,920
Um there was one uh item that the

3349
02:24:41,920 --> 02:24:43,760
engineer I think wanted to add the

3350
02:24:43,760 --> 02:24:46,800
actual cost. If the exception were

3351
02:24:46,800 --> 02:24:48,560
denied, we have to build into the

3352
02:24:48,560 --> 02:24:50,880
hillside excavate dramatically more

3353
02:24:50,880 --> 02:24:54,560
soil. The offhaul cost, Charles, can you

3354
02:24:54,560 --> 02:24:57,120
speak to that? the additional cost of

3355
02:24:57,120 --> 02:24:58,319
offhaul.

3356
02:24:58,319 --> 02:25:00,880
>> Uh the architect said I think it was

3357
02:25:00,880 --> 02:25:03,760
1,400 cubic yards additional excavation.

3358
02:25:03,760 --> 02:25:05,920
Is that correct?

3359
02:25:05,920 --> 02:25:07,680
If Jim's listening,

3360
02:25:07,680 --> 02:25:12,640
>> it is it is um about 1,600,

3361
02:25:12,640 --> 02:25:14,960
1645 total yards would have to be.

3362
02:25:14,960 --> 02:25:16,800
>> Okay. I had earlier I had forgotten

3363
02:25:16,800 --> 02:25:18,160
about I was thinking the construction

3364
02:25:18,160 --> 02:25:19,680
cost but there's the offhaul to the

3365
02:25:19,680 --> 02:25:21,520
landfill

3366
02:25:21,520 --> 02:25:24,000
and that alone would be in the

3367
02:25:24,000 --> 02:25:26,960
neighborhood of $200 to $300,000

3368
02:25:26,960 --> 02:25:29,680
and probably 350

3369
02:25:29,680 --> 02:25:34,000
maybe more truck trips dump truck trips

3370
02:25:34,000 --> 02:25:36,240
through Woodside up to the property down

3371
02:25:36,240 --> 02:25:38,080
Sil Creek Road and back out Still Creek

3372
02:25:38,080 --> 02:25:41,280
Road through Woodside to 280.

3373
02:25:41,280 --> 02:25:44,080
So, um, if I were a neighbor there, I

3374
02:25:44,080 --> 02:25:47,040
don't think I would like that. And I

3375
02:25:47,040 --> 02:25:48,160
wanted to say something else, but I

3376
02:25:48,160 --> 02:25:50,319
guess I'll I'll let this part of it wrap

3377
02:25:50,319 --> 02:25:53,359
up first. I Okay, I'll finish. Uh,

3378
02:25:53,359 --> 02:25:56,160
someone else said that um

3379
02:25:56,160 --> 02:25:58,640
Dr. Clamper said there's a he suggested

3380
02:25:58,640 --> 02:26:00,080
there's an active fault going right

3381
02:26:00,080 --> 02:26:02,479
through the site. That's not true. The

3382
02:26:02,479 --> 02:26:04,720
nearest active fault is a mile away. The

3383
02:26:04,720 --> 02:26:08,399
Pillar's fault is considered potentially

3384
02:26:08,399 --> 02:26:10,399
active. this the state the California

3385
02:26:10,399 --> 02:26:12,560
Geological Survey does not even have it

3386
02:26:12,560 --> 02:26:14,560
on their map as an active fault or

3387
02:26:14,560 --> 02:26:16,720
special study zone or it would never

3388
02:26:16,720 --> 02:26:18,319
even came up in our geotech report

3389
02:26:18,319 --> 02:26:21,200
because it's just not an issue. It's 250

3390
02:26:21,200 --> 02:26:23,680
or 300 ft down the hill from the site.

3391
02:26:23,680 --> 02:26:25,760
It trends up toward the intersection of

3392
02:26:25,760 --> 02:26:29,120
Still Creek Road, uh, Sunrise Drive, and

3393
02:26:29,120 --> 02:26:32,240
Skywood Way, right under that house at

3394
02:26:32,240 --> 02:26:33,920
the corner there, and very close to

3395
02:26:33,920 --> 02:26:37,600
number three, Still Creek Road.

3396
02:26:37,600 --> 02:26:40,080
And the site is also not on an active

3397
02:26:40,080 --> 02:26:42,080
landslide. It's on a dormant landslide.

3398
02:26:42,080 --> 02:26:45,040
And that's why we did an extensive study

3399
02:26:45,040 --> 02:26:48,000
after which we determined that it is re

3400
02:26:48,000 --> 02:26:53,670
it is stable at this time.

3401
02:26:53,680 --> 02:26:55,920
Thank you. I believe architect Jim

3402
02:26:55,920 --> 02:26:58,000
Baronssky is going to address the

3403
02:26:58,000 --> 02:26:59,920
alternatives that were profered by the

3404
02:26:59,920 --> 02:27:02,080
neighbors architect. Thank you.

3405
02:27:02,080 --> 02:27:03,680
>> Thank you, James.

3406
02:27:03,680 --> 02:27:07,680
>> Yeah, I I'd just like to point out that

3407
02:27:07,680 --> 02:27:11,359
uh Mr. French's alternative relies on

3408
02:27:11,359 --> 02:27:13,840
these areas that are within the 50oot

3409
02:27:13,840 --> 02:27:18,720
setback. Um the area uh the area that is

3410
02:27:18,720 --> 02:27:21,600
closest to the road uh that is not

3411
02:27:21,600 --> 02:27:26,080
encroached upon by a 35% slope or 50%

3412
02:27:26,080 --> 02:27:29,760
slope is 771 square ft. And that's a

3413
02:27:29,760 --> 02:27:34,640
misshapen 771 square ft. That means that

3414
02:27:34,640 --> 02:27:38,720
to even get a just a a rectangular

3415
02:27:38,720 --> 02:27:41,040
box that would fit in there that would

3416
02:27:41,040 --> 02:27:43,760
not have to encroach in the in the 50

3417
02:27:43,760 --> 02:27:47,280
foot setback or 50% slope area would be

3418
02:27:47,280 --> 02:27:52,800
467 square ft. Um and I'm you know uh

3419
02:27:52,800 --> 02:27:54,640
maybe that's an alternative but it's

3420
02:27:54,640 --> 02:27:56,800
certainly not a feasible one. And then

3421
02:27:56,800 --> 02:27:58,800
with respect to the area that is to the

3422
02:27:58,800 --> 02:28:02,000
north and the east, that whole area is

3423
02:28:02,000 --> 02:28:04,000
1,54

3424
02:28:04,000 --> 02:28:07,040
square ft that is not encroached upon by

3425
02:28:07,040 --> 02:28:11,200
the 35% slope or the 50% slope. If I

3426
02:28:11,200 --> 02:28:13,600
wanted to put in a rectangular box that

3427
02:28:13,600 --> 02:28:16,720
did not encroach, it could be 443 square

3428
02:28:16,720 --> 02:28:18,560
ft, which is not even large enough for a

3429
02:28:18,560 --> 02:28:22,000
twocar garage. So, I just don't

3430
02:28:22,000 --> 02:28:25,600
understand how that's feasible unless we

3431
02:28:25,600 --> 02:28:30,319
encroach into the 50 50% um uh slope

3432
02:28:30,319 --> 02:28:33,280
area, which frankly we're not really

3433
02:28:33,280 --> 02:28:36,240
allowed to do, nor do we want to do. Um,

3434
02:28:36,240 --> 02:28:39,840
and then I I stand by my analysis on the

3435
02:28:39,840 --> 02:28:44,640
uh on the size of the building um and uh

3436
02:28:44,640 --> 02:28:48,800
the mis uh misreading of Mr. French's or

3437
02:28:48,800 --> 02:28:52,479
Mr. French's misreading of our plans um

3438
02:28:52,479 --> 02:28:55,840
uh and uh uh of the uh maybe the

3439
02:28:55,840 --> 02:29:00,319
guidelines uh for uh calculating um a

3440
02:29:00,319 --> 02:29:03,280
building area for for Woodside. So I

3441
02:29:03,280 --> 02:29:06,479
know our calculation is correct.

3442
02:29:06,479 --> 02:29:08,640
>> Okay. Thank you.

3443
02:29:08,640 --> 02:29:14,870
>> And David,

3444
02:29:14,880 --> 02:29:17,359
» thank you. Something that has been

3445
02:29:17,359 --> 02:29:20,160
glossed over tonight is this

3446
02:29:20,160 --> 02:29:22,560
conversation is about the setback. Once

3447
02:29:22,560 --> 02:29:24,640
the setback has been decided with an

3448
02:29:24,640 --> 02:29:27,680
exception or not, if we if we choose

3449
02:29:27,680 --> 02:29:29,040
when we choose to move forward with the

3450
02:29:29,040 --> 02:29:32,880
project, we have to comply with all the

3451
02:29:32,880 --> 02:29:36,080
codes that currently sit in California

3452
02:29:36,080 --> 02:29:38,560
to build a house. That includes chapter

3453
02:29:38,560 --> 02:29:40,240
7A,

3454
02:29:40,240 --> 02:29:43,040
which is the fire requirements for a

3455
02:29:43,040 --> 02:29:45,680
house. Not one of the houses in Skywood

3456
02:29:45,680 --> 02:29:48,240
Acres was built to that standard. And

3457
02:29:48,240 --> 02:29:51,040
part of what Mr. Parker glazed over in

3458
02:29:51,040 --> 02:29:53,920
those reports from Lahina and Palisades

3459
02:29:53,920 --> 02:29:58,479
is that houses built to 7A survived. If

3460
02:29:58,479 --> 02:30:00,720
any of you remember the CBS story of

3461
02:30:00,720 --> 02:30:02,319
that one house in the one neighborhood

3462
02:30:02,319 --> 02:30:04,640
in Palisades that seemed to be unburned,

3463
02:30:04,640 --> 02:30:10,309
it's because it was built to 7A.

3464
02:30:10,319 --> 02:30:13,359
Additionally, the access in the road the

3465
02:30:13,359 --> 02:30:16,240
road code, there's three structures

3466
02:30:16,240 --> 02:30:19,439
after that section of road. And the code

3467
02:30:19,439 --> 02:30:21,200
requires that for three structures that

3468
02:30:21,200 --> 02:30:23,920
the road have a minimum width of 14 ft.

3469
02:30:23,920 --> 02:30:25,600
And it's been accepted by everybody in

3470
02:30:25,600 --> 02:30:27,359
this room that the road is at least 18

3471
02:30:27,359 --> 02:30:32,790
ft and wider in some places.

3472
02:30:32,800 --> 02:30:35,359
regarding the road maintenance and the

3473
02:30:35,359 --> 02:30:37,680
public private.

3474
02:30:37,680 --> 02:30:40,240
This all started in 2019 when California

3475
02:30:40,240 --> 02:30:46,870
amended their civil code 845.

3476
02:30:46,880 --> 02:30:49,280
We had a road maintenance agreement

3477
02:30:49,280 --> 02:30:50,880
between four property owners with

3478
02:30:50,880 --> 02:30:53,359
accordments.

3479
02:30:53,359 --> 02:30:55,439
That code changed to say that in the

3480
02:30:55,439 --> 02:30:57,840
absence of a road maintenance agreement,

3481
02:30:57,840 --> 02:31:01,280
each property owner was responsible for

3482
02:31:01,280 --> 02:31:03,200
the road maintenance proportional to

3483
02:31:03,200 --> 02:31:07,120
their use of the road. And we had four

3484
02:31:07,120 --> 02:31:10,560
other properties on the road that have

3485
02:31:10,560 --> 02:31:13,200
implied easements that aren't recorded.

3486
02:31:13,200 --> 02:31:16,399
105 Sunrise. This driveway comes out. It

3487
02:31:16,399 --> 02:31:18,560
has a 20 foot set back to the the

3488
02:31:18,560 --> 02:31:21,600
garage. Three Still Creek, Seven Still

3489
02:31:21,600 --> 02:31:26,720
Creek, and 95 Skyward second driveway.

3490
02:31:26,720 --> 02:31:28,800
After multiple attempts of trying to get

3491
02:31:28,800 --> 02:31:30,479
everybody to sit down at the table and

3492
02:31:30,479 --> 02:31:33,359
agree, I was encouraged to come to the

3493
02:31:33,359 --> 02:31:36,880
town and push for public acceptance of

3494
02:31:36,880 --> 02:31:38,960
the road for a lot of the reasons that

3495
02:31:38,960 --> 02:31:41,760
Kristen spouted, but also because the

3496
02:31:41,760 --> 02:31:44,080
town has a equestrian trails easement

3497
02:31:44,080 --> 02:31:45,439
that goes down the road. And we actually

3498
02:31:45,439 --> 02:31:47,359
went to the equestrian trails committee

3499
02:31:47,359 --> 02:31:51,840
at the very beginning as well as county

3500
02:31:51,840 --> 02:31:55,359
parks, the fulier estate and the town

3501
02:31:55,359 --> 02:31:57,680
because those conservation easements on

3502
02:31:57,680 --> 02:32:00,399
10 Steel Creek.

3503
02:32:00,399 --> 02:32:02,160
The easement says the town shall

3504
02:32:02,160 --> 02:32:04,800
maintain that conservation easement, not

3505
02:32:04,800 --> 02:32:06,640
us.

3506
02:32:06,640 --> 02:32:08,160
which means that you have an implied

3507
02:32:08,160 --> 02:32:10,880
easement on the road to get to our

3508
02:32:10,880 --> 02:32:12,960
property to maintain the conservation

3509
02:32:12,960 --> 02:32:16,870
easement.

3510
02:32:16,880 --> 02:32:20,479
We have never denied that we're going to

3511
02:32:20,479 --> 02:32:24,160
repair the road, but we have to agree on

3512
02:32:24,160 --> 02:32:26,800
what the quality and the state of the

3513
02:32:26,800 --> 02:32:30,000
road is so we can repair it back to that

3514
02:32:30,000 --> 02:32:33,200
state. It's unfair

3515
02:32:33,200 --> 02:32:38,000
to put a whole new road in if we don't actually do that

3516
02:32:38,000 --> 02:32:40,880
much damage to the road by not hauling

3517
02:32:40,880 --> 02:32:42,479
1643

3518
02:32:42,479 --> 02:32:48,160
cubic yards of dirt out of the property.

3519
02:32:48,160 --> 02:32:49,680
And it's been talked about how the moan

3520
02:32:49,680 --> 02:32:52,240
washed out. The moon washed out on the

3521
02:32:52,240 --> 02:32:54,640
property of 45 Steel Creek beyond where

3522
02:32:54,640 --> 02:32:58,319
this site is. It washed out not because

3523
02:32:58,319 --> 02:33:01,120
of geotechnical issues but because of a

3524
02:33:01,120 --> 02:33:02,960
lack of the property owner's

3525
02:33:02,960 --> 02:33:04,640
responsibility.

3526
02:33:04,640 --> 02:33:06,160
Poppy owner's fulfillment of his

3527
02:33:06,160 --> 02:33:09,680
responsibility to clear his own covert

3528
02:33:09,680 --> 02:33:11,760
that created overflow which is the same

3529
02:33:11,760 --> 02:33:14,800
reason why 84 washed out.

3530
02:33:14,800 --> 02:33:20,150
He failed to mention that the estate

3531
02:33:20,160 --> 02:33:23,280
of the news paid tens of thousands of

3532
02:33:23,280 --> 02:33:26,080
dollars towards that repair. And if you

3533
02:33:26,080 --> 02:33:28,800
remember the first meeting of January

3534
02:33:28,800 --> 02:33:32,720
2023, I came in here hot to tell you

3535
02:33:32,720 --> 02:33:35,359
about how this road needed to be public

3536
02:33:35,359 --> 02:33:39,040
is me, Kristen, and my 70 plus year old

3537
02:33:39,040 --> 02:33:42,479
father went and cleared that covert

3538
02:33:42,479 --> 02:33:45,680
because he was in Tahoe on on New Year's

3539
02:33:45,680 --> 02:33:48,960
Eve of 2022. So, we didn't do that

3540
02:33:48,960 --> 02:33:51,600
again. And we don't even live on the

3541
02:33:51,600 --> 02:33:54,640
road yet.

3542
02:33:54,640 --> 02:33:57,920
Again, that's part of the road beyond

3543
02:33:57,920 --> 02:34:01,280
the project and would be unaffected

3544
02:34:01,280 --> 02:34:05,110
by construction.

3545
02:34:05,120 --> 02:34:07,280
Yeah, I think that's all I wanted to

3546
02:34:07,280 --> 02:34:09,040
say.

3547
02:34:09,040 --> 02:34:11,840
>> Thank you. Any questions from councel

3548
02:34:11,840 --> 02:34:14,720
for the appellent?

3549
02:34:14,720 --> 02:34:17,040
The applicant?

3550
02:34:17,040 --> 02:34:19,600
Okay. Well,

3551
02:34:19,600 --> 02:34:22,240
uh,

3552
02:34:22,240 --> 02:34:25,359
what can I get opinion on if we if we've

3553
02:34:25,359 --> 02:34:26,720
closed public comment?

3554
02:34:26,720 --> 02:34:28,240
>> You did indicate you had already closed

3555
02:34:28,240 --> 02:34:30,000
public comment and you were doing a

3556
02:34:30,000 --> 02:34:32,240
rebuttal for the appellant.

3557
02:34:32,240 --> 02:34:35,359
>> Yeah. So, yeah, public comment is

3558
02:34:35,359 --> 02:34:38,399
closed. Um, and so we are closing public

3559
02:34:38,399 --> 02:34:40,399
comment and we are closing the public

3560
02:34:40,399 --> 02:34:44,640
hearing. Um,

3561
02:34:44,640 --> 02:34:47,600
so, uh, I want to make a suggestion.

3562
02:34:47,600 --> 02:34:48,960
It's probably not going to make a lot of

3563
02:34:48,960 --> 02:34:52,800
people thrilled. Uh, but David Madrid's

3564
02:34:52,800 --> 02:34:55,040
letter is actually correct. The opening

3565
02:34:55,040 --> 02:34:56,640
letter we heard tonight, which is we

3566
02:34:56,640 --> 02:34:59,040
need this to be a fair process, and we

3567
02:34:59,040 --> 02:35:00,800
on the council have not had a chance to

3568
02:35:00,800 --> 02:35:03,920
digest about 400 pages that came from

3569
02:35:03,920 --> 02:35:06,560
the applicant and the neighbors today.

3570
02:35:06,560 --> 02:35:09,680
Uh so Jennifer did the best job she

3571
02:35:09,680 --> 02:35:12,479
could to copy that for everybody. Um uh

3572
02:35:12,479 --> 02:35:13,920
not all of us are present with a

3573
02:35:13,920 --> 02:35:16,640
physical copy but none of us have had a

3574
02:35:16,640 --> 02:35:19,200
chance to really digest this and so uh

3575
02:35:19,200 --> 02:35:21,359
this process in order to have validity

3576
02:35:21,359 --> 02:35:25,280
needs us to be able to do that. Um so

3577
02:35:25,280 --> 02:35:26,960
what I'd like to do is suggest a

3578
02:35:26,960 --> 02:35:29,680
continuation and we will commit to a

3579
02:35:29,680 --> 02:35:32,240
timely response here. We're I know we're

3580
02:35:32,240 --> 02:35:33,600
starting to stack extra meetings in

3581
02:35:33,600 --> 02:35:35,120
June. So hopefully we can get this in

3582
02:35:35,120 --> 02:35:38,000
May or early June, but um I would

3583
02:35:38,000 --> 02:35:39,359
suggest that that's what we need to do

3584
02:35:39,359 --> 02:35:41,040
in order to digest this to make sure

3585
02:35:41,040 --> 02:35:43,520
that we've we've given this everything

3586
02:35:43,520 --> 02:35:46,960
it it it deserves after 5 years. Uh so I

3587
02:35:46,960 --> 02:35:48,720
would like to make that motion uh

3588
02:35:48,720 --> 02:35:50,960
tonight. I don't know if there's a

3589
02:35:50,960 --> 02:35:53,359
second or interest. We can also continue

3590
02:35:53,359 --> 02:35:54,720
tonight.

3591
02:35:54,720 --> 02:35:56,319
>> You agree?

3592
02:35:56,319 --> 02:35:57,359
>> Agree.

3593
02:35:57,359 --> 02:35:59,600
>> I agree with that suggestion. I have not

3594
02:35:59,600 --> 02:36:00,960
had an opportunity to read all those

3595
02:36:00,960 --> 02:36:02,399
either.

3596
02:36:02,399 --> 02:36:03,920
>> Council member Wall, where are you on

3597
02:36:03,920 --> 02:36:05,120
this?

3598
02:36:05,120 --> 02:36:08,479
>> Yeah, I I agree. I think um I think it's

3599
02:36:08,479 --> 02:36:10,479
important that we have the time to

3600
02:36:10,479 --> 02:36:12,240
review the materials that were submitted

3601
02:36:12,240 --> 02:36:15,600
today. So, I would second your motion.

3602
02:36:15,600 --> 02:36:18,640
>> Okay. Thank you. For planning purposes,

3603
02:36:18,640 --> 02:36:20,560
can we pick a day right now? Can we pick

3604
02:36:20,560 --> 02:36:21,200
the second?

3605
02:36:21,200 --> 02:36:23,280
>> I was going to ask if the council could

3606
02:36:23,280 --> 02:36:25,040
um pick a date certain so we didn't have

3607
02:36:25,040 --> 02:36:26,479
to renotice the hearing.

3608
02:36:26,479 --> 02:36:28,800
>> Yeah. So if um your options would be May

3609
02:36:28,800 --> 02:36:32,399
26th or June 9th I think it is.

3610
02:36:32,399 --> 02:36:34,560
>> I think we owe it to everybody to be as

3611
02:36:34,560 --> 02:36:36,399
fast as we can on the turnaround. So May

3612
02:36:36,399 --> 02:36:36,720
26th

3613
02:36:36,720 --> 02:36:38,560
>> May 26th.

3614
02:36:38,560 --> 02:36:39,280
>> Okay. May

3615
02:36:39,280 --> 02:36:41,680
>> May 26th. Okay.

3616
02:36:41,680 --> 02:36:43,200
>> And uh yeah, we'll commit. We're going

3617
02:36:43,200 --> 02:36:45,200
to open at that point in deliberation.

3618
02:36:45,200 --> 02:36:46,640
So there will be no further public

3619
02:36:46,640 --> 02:36:48,560
comment. We have closed public comment.

3620
02:36:48,560 --> 02:36:50,960
Um so we will just be deliberating and

3621
02:36:50,960 --> 02:36:54,080
then making a decision at that time. So

3622
02:36:54,080 --> 02:36:55,760
um

3623
02:36:55,760 --> 02:36:58,319
so with that we will close this item for

3624
02:36:58,319 --> 02:37:00,640
tonight. It's continued to May 22nd

3625
02:37:00,640 --> 02:37:02,240
where we will open

3626
02:37:02,240 --> 02:37:02,960
>> 26.

3627
02:37:02,960 --> 02:37:06,160
>> Thank you. May 26 where we will open

3628
02:37:06,160 --> 02:37:09,200
with council deliberation and get

3629
02:37:09,200 --> 02:37:12,160
everybody on the road. Uh

3630
02:37:12,160 --> 02:37:14,640
okay David one last

3631
02:37:14,640 --> 02:37:16,800
>> just one question so we don't end up in

3632
02:37:16,800 --> 02:37:18,720
the same position at the continuence.

3633
02:37:18,720 --> 02:37:21,120
For clarification, are you accepting

3634
02:37:21,120 --> 02:37:23,760
desk items or not from that continuance?

3635
02:37:23,760 --> 02:37:26,080
>> We've been told no. The public hearing

3636
02:37:26,080 --> 02:37:26,960
is open.

3637
02:37:26,960 --> 02:37:29,120
>> Thank you.

3638
02:37:29,120 --> 02:37:30,960
>> The main thrust of David Madrid's letter

3639
02:37:30,960 --> 02:37:33,040
was that we hadn't had a chance to

3640
02:37:33,040 --> 02:37:34,960
respond to this massive submission yet.

3641
02:37:34,960 --> 02:37:36,479
So, there needs to be some mechanism for

3642
02:37:36,479 --> 02:37:38,160
us to respond to it or it's pointless to

3643
02:37:38,160 --> 02:37:39,680
continue.

3644
02:37:39,680 --> 02:37:42,000
>> Jean,

3645
02:37:42,000 --> 02:37:44,080
>> logic that one.

3646
02:37:44,080 --> 02:37:47,359
>> Well, it it it seems incredibly unfair.

3647
02:37:47,359 --> 02:37:48,000
So, so I think

3648
02:37:48,000 --> 02:37:49,680
>> the applicant gets to rebut and we have

3649
02:37:49,680 --> 02:37:50,000
none.

3650
02:37:50,000 --> 02:37:51,200
>> Hold on, please.

3651
02:37:51,200 --> 02:37:53,120
>> So, I think what I heard you say is that

3652
02:37:53,120 --> 02:37:56,160
you you've heard all the public comment

3653
02:37:56,160 --> 02:37:58,880
um and you need time to take a look at

3654
02:37:58,880 --> 02:38:00,319
additional information that's been

3655
02:38:00,319 --> 02:38:03,200
provided to you. What I would suggest is

3656
02:38:03,200 --> 02:38:05,439
that if you think there are additional

3657
02:38:05,439 --> 02:38:07,359
questions you need to pose as a result

3658
02:38:07,359 --> 02:38:08,880
of that, you could do that at the next

3659
02:38:08,880 --> 02:38:11,359
meeting. Um but you've already indicated

3660
02:38:11,359 --> 02:38:13,120
that you're you're closing the public

3661
02:38:13,120 --> 02:38:13,439
hearing.

3662
02:38:13,439 --> 02:38:16,880
>> You know, I um and I appreciate that. I

3663
02:38:16,880 --> 02:38:19,280
would it be okay if we said we can take

3664
02:38:19,280 --> 02:38:21,600
public responses to anything in these

3665
02:38:21,600 --> 02:38:23,200
400 pages?

3666
02:38:23,200 --> 02:38:25,760
>> Um you can say that but if you if you

3667
02:38:25,760 --> 02:38:27,040
are going to do that I think you should

3668
02:38:27,040 --> 02:38:28,800
be clear with the people who are here

3669
02:38:28,800 --> 02:38:30,720
are you saying you will take written

3670
02:38:30,720 --> 02:38:31,359
comments

3671
02:38:31,359 --> 02:38:33,280
>> written? Yep. Written.

3672
02:38:33,280 --> 02:38:35,920
>> And then if you could please indicate by

3673
02:38:35,920 --> 02:38:37,439
which date you would like those to be

3674
02:38:37,439 --> 02:38:39,439
submitted so that you don't end up in

3675
02:38:39,439 --> 02:38:41,120
the same situation which is things

3676
02:38:41,120 --> 02:38:43,280
coming in two hours before

3677
02:38:43,280 --> 02:38:45,359
>> uh you hear it on May 26th.

3678
02:38:45,359 --> 02:38:46,560
>> I don't have a calendar in front of me.

3679
02:38:46,560 --> 02:38:48,240
What's one week from today?

3680
02:38:48,240 --> 02:38:50,800
>> One week from today is May 9 Tuesday May

3681
02:38:50,800 --> 02:38:51,600
19th.

3682
02:38:51,600 --> 02:38:53,600
>> Okay. We will take any written

3683
02:38:53,600 --> 02:38:55,359
communication in response to the items

3684
02:38:55,359 --> 02:38:57,520
that are in that have been submitted

3685
02:38:57,520 --> 02:39:03,120
today uh by May 19th.

3686
02:39:03,120 --> 02:39:04,160
in writing. Correct.

3687
02:39:04,160 --> 02:39:06,160
>> In writing.

3688
02:39:06,160 --> 02:39:07,600
>> Yeah. And I'm sorry that this seems like

3689
02:39:07,600 --> 02:39:10,000
a little jarring moment, but we don't we

3690
02:39:10,000 --> 02:39:12,000
just can't we can't process this

3691
02:39:12,000 --> 02:39:13,359
information tonight. So,

3692
02:39:13,359 --> 02:39:15,439
>> understood. The neighbors also submitted

3693
02:39:15,439 --> 02:39:16,960
new materials today that we would like a

3694
02:39:16,960 --> 02:39:18,160
chance to respond to.

3695
02:39:18,160 --> 02:39:19,680
>> Fair enough. Yes. Yep.

3696
02:39:19,680 --> 02:39:21,359
>> And I also want to note for the record,

3697
02:39:21,359 --> 02:39:23,680
this was the fifth hearing.

3698
02:39:23,680 --> 02:39:25,280
>> So, there is a state law issue there as

3699
02:39:25,280 --> 02:39:25,600
well.

3700
02:39:25,600 --> 02:39:28,880
>> Well, we're it's a staff table. We would

3701
02:39:28,880 --> 02:39:31,120
>> Yeah. So, we're continuing in uh a

3702
02:39:31,120 --> 02:39:32,560
current meeting is the way I think we

3703
02:39:32,560 --> 02:39:34,560
would look at that, but um we're doing

3704
02:39:34,560 --> 02:39:35,920
our best on this. All right. We want to

3705
02:39:35,920 --> 02:39:37,680
make sure everybody gets a fair a fair

3706
02:39:37,680 --> 02:39:40,479
hearing on this.

3707
02:39:40,479 --> 02:39:42,160
>> Okay. Thank you.

3708
02:39:42,160 --> 02:39:44,479
>> Everything writing within one week. Yep.

3709
02:39:44,479 --> 02:39:46,080
>> Nothing after that.

3710
02:39:46,080 --> 02:39:48,240
>> Sounds we open up at deliberations.

3711
02:39:48,240 --> 02:39:49,520
>> At deliberation.

3712
02:39:49,520 --> 02:39:51,760
>> Okay.

3713
02:39:51,760 --> 02:39:52,640
>> Thank you.

3714
02:39:52,640 --> 02:39:54,720
>> You know, we we had a we had a vote. We

3715
02:39:54,720 --> 02:39:56,160
had a motion in a second, but we didn't

3716
02:39:56,160 --> 02:39:58,160
take that vote. Do we need to take a

3717
02:39:58,160 --> 02:40:01,600
vote for continuation? Yes.

3718
02:40:01,600 --> 02:40:03,520
>> So, I'll make a motion.

3719
02:40:03,520 --> 02:40:04,000
>> Yep.

3720
02:40:04,000 --> 02:40:07,120
>> That we continue this item

3721
02:40:07,120 --> 02:40:09,200
uh

3722
02:40:09,200 --> 02:40:11,520
to May 26th.

3723
02:40:11,520 --> 02:40:16,479
Um and we open at deliberations and any

3724
02:40:16,479 --> 02:40:19,760
comment either pro or con from the

3725
02:40:19,760 --> 02:40:24,640
appellants or the uh neighbors

3726
02:40:24,640 --> 02:40:26,880
um should be made within one week from

3727
02:40:26,880 --> 02:40:29,600
today in writing only and they will not

3728
02:40:29,600 --> 02:40:31,600
be accepted after that date.

3729
02:40:31,600 --> 02:40:33,040
>> Second.

3730
02:40:33,040 --> 02:40:34,319
>> Council member Alish.

3731
02:40:34,319 --> 02:40:34,560
>> Yes.

3732
02:40:34,560 --> 02:40:35,600
>> Council member Brown.

3733
02:40:35,600 --> 02:40:36,800
>> Yes. Council member Gold.

3734
02:40:36,800 --> 02:40:37,120
>> Yes.

3735
02:40:37,120 --> 02:40:38,319
>> Council member Wall.

3736
02:40:38,319 --> 02:40:39,040
>> Yes.

3737
02:40:39,040 --> 02:40:40,319
>> Mayor Donowski.

3738
02:40:40,319 --> 02:40:42,319
>> Yes.

3739
02:40:42,319 --> 02:40:45,439
Thank you.

3740
02:40:45,439 --> 02:40:47,520
Appreciate your time and all of your

3741
02:40:47,520 --> 02:40:49,040
inputs.

3742
02:40:49,040 --> 02:40:51,760
Uh reports, volunteer,

3743
02:40:51,760 --> 02:40:52,880
>> no report.

3744
02:40:52,880 --> 02:40:57,270
>> Council communication.

3745
02:40:57,280 --> 02:41:00,319
» All right. Hearing none. Uh 9:44 we'll

3746
02:41:00,319 --> 02:41:03,720
call the meeting.