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City of Pleasanton
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2013
DESTRUCT DATE
15Y
DOCUMENT NO
01
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consequences of defining a road as a structure. She said she consulted with DSRSD, Zone 7, PG&E <br /> and other agencies that might be involved easement type situations — each allows roads but does not <br /> allow structures. Therefore, defining a road as a structure could preclude meeting certain public safety <br /> needs and even the development of trails. She noted that much of this is predicated on the assumption <br /> that PP supersedes specific plans. She referred to page 7 of the North Sycamore Specific Plan, which <br /> states that "at the time of Specific Plan approval, the City amended the General Plan to be consistent <br /> with the Specific Plan." She then consulted with Assistant City Attorney Harryman about how the City <br /> manages General Plan conflicts and Ms. Harryman indicated that it is up to the Council to determine <br /> vertical consistency. <br /> She recognized that the Council had a different finding in November than is currently recommended by <br /> staff and admitted to being troubled by what she now believes was a bad vote. She explained, <br /> however, that the vote was based on the presumption that the North Sycamore and other specific plans <br /> would be honored and that the Council has had an opportunity to conduct additional research. She said <br /> there is no question in her mind that a vote for PP was a vote to protect the ridges but that the initiative <br /> itself says nothing about roads. She helped to write the argument against PP that claimed it would stop <br /> the promised Happy Valley Bypass Road and that the rebuttal says those arguments were untrue. As <br /> someone with no other knowledge of the issue, she would have read that to mean that PP would allow <br /> them to build the road. She acknowledged and agreed with the public's comments about preventing the <br /> eyesore of mile long road on top of the ridgeline and said the language of the initiative itself clearly <br /> prohibits that. She also reviewed the City Attorney's impartial analysis of PP which stated that "some <br /> clarification "some clarification of terms in the measure, for example structure, ridgeline, and how to <br /> measure slope may be necessary in order that GP policies remain internally consistent and to resolve <br /> potential conflicts between other City policies and the measures." She closed in stating that believed a <br /> road to be infrastructure, not a structure. <br /> Councilmember Brown thanked the public for voicing their concerns. She reiterated that this is not a <br /> discussion of how Lund Ranch II will connect to the greater community, but rather an attempt to codify <br /> a General Plan amendment in the Municipal Code. She believed that she and the other authors and <br /> signers of PP intended to create an ordinance that protects ridge tops, period. She referred to the City's <br /> Municipal Code, which defines a road as a structure, and said the authors of PP were aware of this. <br /> According the Municipal Code, a 7 foot high fence is a structure and thought it naturally followed that a <br /> road, which requires significantly more engineering, design and grading, would also be a structure. She <br /> referenced Title 7 and Title 24 of the California Building as supporting the interpretation that a road is a <br /> structure. In terms of access to Lund Ranch II and neighborhood traffic, she said that good planning <br /> involves routing around neighborhoods off of main corridors, not cutting through existing neighborhoods <br /> to access another development. She said that she, the Pleasanton Municipal Code and the California <br /> Building Code are all clear in considering a road to be a structure. <br /> Vice-Mayor Cook-Kallio said that while there seems to be at least a presumption of consensus among <br /> some of those who voted for PP, there is also a wealth of contradictory information and comments. She <br /> referred to the meeting minutes that Ms. Ayala quoted and said it is clear there was not even <br /> consensus then, which is what makes this so difficult. She said she believed the intent of the voters <br /> should be honored but also that people seem to be inconsistent in that intent. <br /> Councilmember Pentin requested confirmation that Councilmember Brown was the speaker in meeting <br /> minutes referenced by Ms. Ayala. <br /> Councilmember Brown said those were her comments in 2008 but that based on research done since <br /> then she believes, as did the Council in November, that a road is a structure. <br /> Councilmember Pentin said his concern was with upholding the intent of those who crafted PP and <br /> what was presented to the voters. He said that Ms. Ayala's references to the meeting minutes as well <br /> as her own personal comments indicating that roads were not intended to be a part of this carry <br /> considerable weight. He referred to the map used to gather signatures and noted that PP does not <br /> City Council Minutes Page 12 of 23 April 16, 2013 <br />
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