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that as part of the Zoning Ordinance, the ordinance would go before the Planning Commission for a <br /> recommendation prior to returning to the Council. <br /> Councilmember McGovern asked and Mr. Dolan confirmed that the definition for slope used here <br /> reaffirms, rather than changes, the definition contained within the 1996 General Plan and Measure QQ. <br /> Councilmember McGovern said the issue of manmade slopes really seems to relate to the Lund Ranch <br /> II property, which is a sizable piece of land and calls for the development of nine homes. She said she <br /> considered something of this scope to be very different from a manufactured molehill both in terms of <br /> overall size and because it has become a part of the contour of the property, and did not feel it was <br /> appropriate to call out as exempt. <br /> Councilmember Cook-Kallio requested clarification on the staff recommendation on pages 5 and 7, <br /> noting that Weighted Increment Slope (WIS) is included in both options depending on which page one <br /> refers to. <br /> Mr. Dolan clarified that the reference was largely for discussion purposes and staff does not <br /> recommend the use of WIS or slope averaging. <br /> Councilmember McGovern said she posed the same question to staff and shared their written response <br /> with Councilmember Cook-Kallio. <br /> Mayor Hosterman opened the public hearing. <br /> Kay Ayala said they, whom she did not define, were supportive of staffs recommendation with some <br /> additional language. She asked that Option 3 regarding streets and/or roads read that streets and/or <br /> roads are a structure and therefore, covered by PP unless the street or road is intended to only provide <br /> access to a public park, trail, or similar facility and/or is covered by a previous Specific Plan, PUD <br /> Development Plan, or Development Agreement approved prior to November 2008 when Measure <br /> PP was passed. She noted that she had inquired about and accepted staff's definition of "similar <br /> facility" as something like a water tower. She asked the Council to clarify with staff whether the intent <br /> was to exempt only those PUD plans that were approved and built as opposed to those that had not yet <br /> constructed. <br /> City Manager Fialho said staff is proposing to grandfather those plans and development agreements. <br /> He noted that there is a bit of a legal question around whether a previously approved PUD on one site <br /> can bind the PUD on another site that is yet to be developed, as would be the case with Lund Ranch II. <br /> The answer to that is unclear from a legal perspective, but the City can rely on the larger Specific Plan, <br /> in this case the North Sycamore Specific Plan, which says that certain connections will be made. <br /> Karla Brown, Councilmember Elect and one of the Measure PP signatories, read the language of PP <br /> and quoted from the voters' pamphlet. She said the authors support staff's recommendation for Option <br /> 1 with regards to slope, with the addition of language explicitly prohibiting the use of the more <br /> generalized WIS method. She also indicated support for staff's recommendation regarding ridgeline <br /> measurement and for Option 1 with regards to contour intervals, but asked that any references to WIS <br /> usage be deleted. She disagreed with staffs interpretation that PP is unclear regarding streets and <br /> roadways. She noted the Pleasanton Municipal Code defines a structure as anything constructed or <br /> erected, which requires location on a ground, and that the California Building Code also recognizes a <br /> structure as anything built or constructed. She reiterated Ms. Ayala's request that Specific Plans and <br /> PUDs be grandfathered. She said the authors felt there was insufficient information regarding <br /> manufactured slopes and grades to support an intelligent determination on whether or how these differ <br /> from natural slopes and requested a field trip to Lund Ranch II before making such a decision. <br /> 3 <br />