Lafayette City Council Meeting April 23, 2024: Tree Ordinance and Housing Element Decisions

The Lafayette City Council met on April 23, 2024 (continuing from April 22) for a joint session with the Planning Commission on the Tree Protection Ordinance update and a main discussion on the 6th Cycle Housing Element. Key decisions included adopting staff recommendations on income distribution, including a city-owned site in the opportunity inventory, and expanding an AFFH program area, with a 4-1 vote.

Consent Calendar

• Items A through F were approved unanimously after removing Item 10G (potential acquisition of 221 Lafayette Circle), which was continued to the next meeting without discussion. No public comments were received on the consent calendar.

Public Comments & Testimony

• On the Tree Ordinance Update: Alison Hill (resident) expressed support for protecting native oaks and urged consultation with oak experts. David Clark discussed the limited insurance incentives for defensible space and recommended considering economic realities. Rob Lavoy asked about peer cities and stakeholder outreach.
• On the Housing Element: David Clark argued for adjusting income distribution percentages to avoid downtown upzoning and presented an alternative. Stella Witherspoon urged removal of three non-responding Faith-Based Organizations (FBOs) from the inventory, citing ethics and lack of consent. Don Eames opposed downtown upzoning and suggested using Rob Lavoy's alternative. Rob Lavoy presented a model showing that downtown upzoning could be avoided while maintaining a 25% buffer. Cheryl opposed upzoning the downtown, preferring to wait for mid-cycle adjustments.
• General Public Comment: Sarah addressed the school protest matter, asking the city to demonstrate neutrality and requested the mayor recant a prior statement.

Discussion Items

1. Tree Protection Ordinance Update (Joint Session with Planning Commission):

   • Staff and consultant Heather Coleman presented five key issues: defining protected trees, replacement tree requirements, streamlining permits, wildfire management, and infrastructure conflicts. Council and Planning Commission provided feedback emphasizing public safety, insurance-related tree removal, community education, and clear objective standards. Both bodies supported proceeding with the update and holding a joint meeting for alternatives. No formal vote was taken, but direction was given to staff.

2. Housing Element Update (Item 11A):

   • Staff sought direction on three decision points: (a) including city-owned 949 Moraga Road in the opportunity sites inventory with a commitment to develop 23 BMR units within the planning period; (b) adjusting income distribution on vacant sites to 30% very low income, 30% low income, 20% moderate, 20% above moderate to achieve less than 50% of lower-income units on non-vacant sites (target 49%); and (c) expanding the AFFH program area from a quarter-mile from the Downtown Specific Plan boundary to a half-mile from Mt. Diablo Boulevard. Staff also recommended keeping most Faith-Based Organizations (FBOs) in the inventory, except two that explicitly declined. Public comments included detailed technical critiques and calls to remove non-responding FBOs.

Key Outcomes

• Tree Ordinance Update: The Council and Planning Commission jointly supported moving forward with the update. Staff will continue community engagement, hold a joint meeting to consider alternatives, and return for public hearings. No formal vote was taken, but consensus was clear.
• Housing Element: Council voted 4-1 (Councilmember Candell dissenting) to direct staff as follows:
  • Include 949 Moraga Road in the opportunity sites inventory.
  • Use the income distribution of 30% very low, 30% low, 20% moderate, 20% above moderate on vacant sites.
  • Use a half-mile buffer from Mt. Diablo Boulevard for the AFFH program (snapping to parcel lines where touched).
  • Include the five FBOs that have responded (excluding two that objected) in the inventory.
  • Make final minor edits and submit the revised Housing Element to HCD for formal review following a seven-day public comment period.