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RAN DICK O' DEA tiLt::MENTAL MATERIAL T O O L I A T O S L L P ATTORNEYS AT LAW Irovlded to the City Council After Distribution of Packet Date ' (_�_ °2/, r26/-9 March 26, 2013 Via Email to citvcouncil @,ci.pleasanton.ca.us Mayor and Councilmembers City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Re: Resolution No. PC-2013-13;Proposed Chapter 18.70 Ridgeline and Hillside Protection Dear Mayor and Councilmembers: This law firm represents Alex and Laverne Spotorno, the owners of the Spotorno Ranch which is within the Happy Valley Specific Plan area. On their behalf, I write to object to the abovementioned resolution, PC-2013-13 and the proposed Chapter 18.70 Ridgeline and Hillside Protection and Preservation Ordinance. The Spotornos object to the provision by which references to exemptions for planned roads would be removed from the proposed ordinance, and roads that would be considered structures for the purposes of implementing Measure PP. They also object to the proposed adoption of a ridgeline ordinance, without first obtaining an inventory of ridgelines to be included. The Planning Commission recommends that the City Council "consider creating an inventory of ridgelines on properties that would be subject to Measure PP, to be referenced in the ordinance." P.31, PI.Comm. Minutes 3-13-13. The ridgeline ordinance should not be adopted until the City informs the public of the definition of`ridgeline," and identifies the properties affected. As it stands, property owners like the Spotornos do not have proper notice of whether the proposed ordinance will affect their property, and if so, in what particulars. Mr. Dolan stated at the March 13, 2013, Planning Commission meeting that, at the Commission's direction, staff had looked into pre-defining the ridges on vacant properties which would be subject to Measure PP. Mr. Dolan concluded that because this "could be a very contentious process," the determination should be made on a case-by-case basis, with individual development applications. P.8, PI. Comm. Minutes 3-13-13. This unfairly sacrifices property owner's right to know, for the convenience of staff. The City has ample information to conduct this ridgeline inventory. This is especially true in the case of the Spotorno property, given the planning process which yielded the Happy Valley Specific Plan. The City Council should direct staff determine the affected ridgelines and inform the public before any vote is taken to establish this ordinance.