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Exhibit B
<br /> Pleasanton Municipal Code Considerations
<br /> Pleasanton Municipal Code is online and searchable at: ht t0://gcode.us/codesfoleasanton/. Doing a search of this online repository yields
<br /> exactly 200 occurrences of the word"structure"or"structures". These occurrences can be found in the following titles and chapters:
<br /> Title 3-Revenue and Finance:chapters 20,22,26
<br /> Title 6-Specific Business Regulations:chapter 36
<br /> Title 9-Health and Safety:chapters 20,22,28
<br /> Title 11-Vehicles and Traffic:chapters 38,44,48
<br /> Title 13-Streets,Sidewalks and Public Places:chapters 4,8,12,16
<br /> Title 14-Water:chapters 4,8
<br /> Title 15-Sewerage:chapters 8,20,44
<br /> Title 17-Planning and Related Matters:chapters 8,12,16,40,44,50
<br /> Title 18-Zoning:chapters 8,12,20,24,28,32,36,40,44,48,52,56,60,74,76,78,80,84,88,92,96,100,106,110,112,114,116,120,
<br /> 124,132,140
<br /> Title 19-Subdivisions:chapter 44
<br /> Tide 20-Buildings and Construction:chapters 4,8,10,24,32,44,65
<br /> Within the 200 mentions of the term"structure(s)"you will find 100 simultaneous mentions of"structure(s)"and either the words"road(s)"or
<br /> "street(s)". Should you wish to replicate the search this can be done easily online using the advanced search option with"+structure'+(street`
<br /> road`)".
<br /> Each appearance of the word "structure" or "structures" is far too much to cite here as our goal is not to duplicate publically available
<br /> documentation. It is our strong belief that the intention of the code is consistent with an approach that a"structure" represents a building,
<br /> swimming pool,sign,etc.erected within or on top of the ground. Across this multitude of references,the Municipal Code makes no mention,
<br /> implication or reference that a road itself is to be considered a'structure'. The Municipal Code in general does however make the following
<br /> useful distinctions in its categorization of structures:
<br /> 1) Between confirming and non-conforming(a lawfully constructed structure either meeting or not meeting the city standards per the
<br /> code)
<br /> 2) Between Main,Accessory Structure Class I and Accessory Structure Class II (essentially to distinguish between a house,an attached
<br /> garage and a storage shed all erected on a property)
<br /> 3) Between a structure for habitation vs.one that is not(e.g.a house vs.a bridge)
<br /> The primary rationale provided by the Planning commission for recommending that a road was a'structure'came from its interpretation of Title
<br /> 18-Zoning Section 18.08.535 Structure:
<br /> "Structure"means anything constructed or erected which requires a location on the ground,including a building or a swimming pool,but
<br /> not including a fence or a wall used as a fence if the height does not exceed 6 feet,or access drives or walks(Prior code§2-5.29(c))
<br /> The definition above clearly states that buildings or swimming pools are examples of structures. It further states that a fence or a wall not
<br /> exceeding 6 feet or accessing a drive or walk is not to be considered a structure. What it does not state is that a road is a structure simply
<br /> because it covers a section of the ground. The use of the key phrase "require(d/s) (a) location on the ground" is in extensive use within
<br /> Municipal code all around the country. Some cities have elected to clarify this verbiage however none from what we've been able to detect have
<br /> at all implied a road should be considered a structure.
<br /> Below are some further citations that illustrate the aforementioned general intent as captured in the current Pleasanton Municipal Code
<br /> documents:
<br /> Title 17-Planning and Related Matters:Section 17.08.050 Definitions
<br /> JJ. "Structure"means a walled and roofed building,including a gas or liquid storage tank that is principally above ground,as well as a
<br /> manufactured home.
<br /> Title 17-Planning and Related Matters:Section 17.12.020 Definitions
<br /> "Structure for human occupancy means a structure that is regularly,habitually,or primarily occupied by humans,excluding freeways,
<br /> roadways,bridges,railways,airport runways,tunnels swimming pools,decorative walls and fences and minor work ofa similar nature,
<br /> and alterations or repairs to an existing structure,provided that the aggregate value of such alteration or repair shall not exceed ffty
<br /> percent of the value of the existing structure and shall not adversely affect the structural integrity of the existing structure.A mobile home
<br /> with a body width greater than eightfeet is a structure for human occupancy.(Prior code§2-19.02)"
<br /> Title 18-Zoning:Section 18.20.010:Projects Subject to Design Review
<br /> "D.The zoning administrator may waive review altogether or administratively process an application if
<br /> 1.Anew or modified use or structure shall not be visible from any public street or area held open to the public;or"
<br /> Title 20-Buildings and Construction:Section 20.04.015 Pleasanton Building Administrative Code amendments"
<br /> "STRUCTURE is that which is built or constructed,an edifice or building of any kind or any piece of work artificially built up or composed
<br /> of parts joined together in some definite manner."
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