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ATTACHMENT 8 1��' March 13, 2013 City of Pleasanton, Planning Commissioners, Tonight you wilt-again be reviewing item P12-1796, a draft of Chapter 18.70 of the Pleasanton Municipal Code, Ridgeline and Hillside Protection and Preservation. I wanted to restate my position on a few key areas of that chapter for your consideration before your final recommendation to the City Council. Measure PP was passed by the voters in November 2008 and provides: a. Housing units and structures shall not be placed on slopes of 25% or greater or within 100 vertical feet of a ridueline. Also, no grading to construct residential or commercial structures shall occur on slopes of 25% or greater or within 100 vertical feet of a ridaeline. b. The provisions of Measure PP may be amended or repealed only by the voters of the City of Pleasanton at a city general election. c. The provisions of Measure PP override any existing General Plan. The Pleasanton Municipal Code section 18.08.535, defines "structure" as: "'Structure' means anything constructed or erected which requires a location on the ground, including a building or a swimming pool, but not including a fence or a wall used as a fence if the height does not exceed six feet, or access drives or walks." The Pleasanton Municipal Code 18.08.390 definition of"Off-street Parking Facilities" refers to "access drives", which are actually a part of a property site and not a road itself: "Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas". California statute 65927 further defines "structure". It states: "As used in this section, 'structure' includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line." Webster's Dictionary also defines "structure" as: "1. the action of building: construction. 2. something that is constructed." It is clear from the above definitions that roads are indeed structures; public and private roads require engineering and construction, and they certainly require a location on the ground. Also, Measure PP absolutely intended to include roads in its grading restrictions; roads, such as those through Oak Grove and up Santos Ranch, were one of the main reasons for the creation of Measure PP.