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Modified Slopes. If a slope has been modified from its natural or original condition by an act of man, the City shall determine the slope of the land based on the natural or original condition of the land, not the current slope of the land. The City shall rely on historical topographic maps, aerial and other photos, or other information available to determine the natural or original slope of the land during the public review process for a proposed development. 2.b. Landlocked Properties Staff Response Staff reviewed the reference to landlocked properties and removed it from the revised code chapter as it is unnecessary. Access to the Foley property, the property that this section was intended to address, would very likely be exempt from this ordinance as the Foley property could not reasonably accommodate more than ten lots. 3. Roads Included in Specific Plans Planning Commission Comment Delete the exemption to streets and roads that are included in a Specific Plan approved prior to November 2008. Staff Response Staff previously recommended that the proposed code chapter exempt roads anticipated by PUD Development Plans and Specific Plans approved before November 2008. In consultation with the City Attorney's Office, Planning Division staff has determined that this "grandfathering" of roads previously anticipated may not be a defensible implementation of Measure PP. This determination has implications that staff believes the Planning Commission should be aware of as they consider this proposed ordinance. The proposed By- Pass Road called for in the Happy Valley Specific Plan would need to traverse extensive areas of land with a 25-percent slope or greater. Similarly, the possible roadway connections to the Lund Ranch II property from either Sunset Creek Lane or Sycamore Creek Way as called for in the North Sycamore Specific Plan would also need to traverse smaller areas of land with a 25-percent slope or greater. Excluding the "grandfathering" of the roads in these plans, in combination with the previous City Council's opinion that a road should be considered a structure, would preclude the construction of the By-Pass Road and a connection from Lund Ranch II to either Sunset Creek Lane or Sycamore Creek Way. An alternative approach would be for the Planning Commission to recommend that the City Council reconsider the issue of whether a road is considered a structure for the purpose of Measure PP implementation. The Pleasanton Municipal Code includes a definition of a structure as follows: Page 3 of 5