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• Option Two: If the City Council decides that artificial slopes over a 25-percent grade are covered by Measure PP regardless of the natural grade of the property before it was graded, Lots 28 through 30 and 33 through 39 would then have to be removed from the development. Pleasanton resident Allen Roberts has questioned whether the mapping of the man-made slope in the area of the existing barn on the site is accurate. He believes that the fact that there are mature trees in some of this area means that the area in question was not previously graded. The applicant has provided additional information from City-approved arborist and geotechnical consulting firms documenting that the area was subject to cut-and-fill grading long ago. This information is provided as Attachment 13. While the new information is not definitive, based on the current topography of the site and the surrounding area, and the information provided by the applicant, staff continues to believe that it is more likely than not that the area in question was graded in the early 1900's to create a flat area for the barn (built circa 1900) and the adjacent corral area. In addition, staff suggests that even if a small portion of the area in question was made steeper due to natural erosion or a landslide, it is reasonable to question whether prohibition of development of this small area at the lowest area on the site is what was intended by Measure PP. Ventana Hills Agreements Letter of Understanding A copy of the Letter of Understanding between the Ventana Hills Steering Committee and Shapell Industries of Northern California, dated April 19, 1991 (see Exhibit N of Attachment 8), stated that: "Permanent routing for access to and from 'G' Court (Livingston Way in the Bonde development) is intended to connect through proposed development on Lund Ranch (PUD-25), to the East-West Collector Road (Sunset Creek Lane) shown in the North Sycamore Specific Plan without any direct connection to Ventana Hills." Condition 2.c.13 and Condition 30 of Ordinance 1509 for PUD-90-18 required Shapell Industries to abide by this Letter of Understanding. The North Sycamore Specific Plan states: "The proposed Plan includes construction of a new east-west collector street connecting the North Sycamore area and the adjacent proposed Lund II development to the east with Sunol Boulevard to the west." Regarding the Letter of Understanding and successive City approvals on PUD Development Plans and a Specific Plan, the City Attorney has opined that these approvals and the Letter of Understanding are not legally enforceable against the property owner and applicant of the Lund Ranch II property. However, the City Council can factor these previous agreements into its deliberation on the road connection, along with the traffic and environmental considerations. Page 17 of 26