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Woodside Blocks New Housing Law, Cites 'Endangered' Cougars

WOODSIDE (KPIX) -- Leaders in a wealthy Bay Area suburb are arguing their town should be exempt from a new housing law because of its mountain lion population.

California lawmakers passed SB 9 in 2021, and the law took effect at the beginning of the year. It expedites the process of allowing the construction of building two units on properties zoned for single-family homes.

But town leaders from the affluent Bay Area town claim they can't comply with the law because the cougars that live in the area are endangered.

In a recent memo, the Town of Woodside's planning director argues the mountain lion is currently a candidate to be considered an endangered species in the region, as the reason why they can't comply with SB 9.

The memo states:

Woodside Municipal Code Section 153.983.A.5, responsive to and compliant with SB 9, excludes SB 9 projects from:

"land identified as habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code)."

Given that Woodside – in its entirety – is habitat for a candidate species, no parcel within Woodside is currently eligible for an SB 9 project.

State Senator Scott Wiener called Woodside's move "absurd."

"Woodside has decreed that the entire town of Woodside is protected habitat for mountain lions, so therefore, Woodside doesn't have to follow this new housing law. That is a completely ridiculous argument," Wiener said. "The idea that you can build a mansion - and that's okay for mountain lions - but building a duplex is bad for mountains, is an absurd argument."

Aside from that, the State Senator called it a slap in the face to those struggling with housing.

"We passed these state housing laws because we have a terrible housing crisis. We are short millions of homes in California," he said. "When you have a wealthy city that says, 'Oh, the law applies to everyone else but not to us, because we have some mountain lions here,' it's a slap in the face to the huge number of Californians who are struggling with housing."

KPIX 5 spoke to locals about the approach.

"I think we all need more affordable housing. I know that we've already approved granny units in the city, so for me, I struggle with what the difference is," said Woodside resident Robert Weigel. "There are wonderful people in this town, but there are also those who don't like change."

One woman, who didn't want to be identified, told KPIX 5 she can understand why the town is taking the approach, but doesn't agree with it herself.

"There's a certain ambiance and a way of living here that people have worked hard to have, and are working very hard to protect. They don't want multiple dwellings on their lots. I understand it, it's just, there are also a lot of people who don't have anywhere to live," she said. "I don't really think that - even if there are mountain lions - that should impede building a second dwelling on a one acre or more lot."

Another resident told KPIX 5 he wasn't surprised the town leaders found a loophole in the law.

"This is a made up loophole by Woodside, and I don't think it holds any water," Wiener said. "I can guarantee you, if Woodside continues to pursue this ridiculous argument, it will get sued, either by private individuals or by the state."

KPIX 5 reached out to the town manager and mayor for comment, but did not hear back.

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