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Mr. Tassano replied that it varies: the volume is lower closer to the park, and increases to around 4,200 by Raley's. 4. One of the speakers talked about retaining walls not being structures, but the Municipal Code states that a retaining wall over six feet was deemed a structure. Could staff confirm if that is correct? Mr. Dolan read from the Municipal Code: "Structure means anything constructed or erected which requires a location on the ground... not including a fence or a wall used as a fence if the height does not exceed six feet, or access drives or walks." He cautioned the rush to go to some particular definition in the Municipal Code that supports one's position because there are other sections people could look at that could support a different position, and if Measure PP was meant to reference a specific condition or State law, it could be argued that it should have said so. He explained that basically, because it is ambiguous on these topics, the City's legal advisors are stating that the City has the option to interpret it, and the Commissioners can use all these things and whatever helps them to come to their decision, but they are not obligated to stick with one of those definitions. He added that they can use common sense however they want to interpret it. Mr. Dolan stated that there is also the practice, and there is another part of the Municipal Code that talks about what size a retaining wall requires engineering, and basically, that part of the Code says that if it is four feet from the bottom of the footing to the top of the wall, then it needs to be engineered and usually that would mean a three foot high wall. He indicated that there are different definitions that can be used to get to what the solution is on the retaining walls. He added that if the concern is the visual impact, the solution could be a series of retaining walls instead of a larger one. He indicated that the road could be built without retaining walls, but it would probably have to be graded from the bottom of the hill all the way to the top. 5. If the Bridle Creek and Sycamore Heights neighborhoods came back now with Measure PP in effect, would they have been approved in their current form, or would they have the slope and elements restricted? Mr. Dolan stated that he did not ever see that area before it was developed, but it would be hard to imagine that any neighborhood in the Southeast Hills could be built like it is now if Measure PP had been in effect. He clarified that he is not saying they would not be there but that they would be pretty dramatically different. 6. There was a comment about splitting the construction traffic: the 10 homes versus the 40 homes. Do you see that being a plausible option? Mr. Dolan replied that it could be done but it would require that the hillside road be built before any homes are built, as well as approvals from all the various agencies for construction crossing the creek before the project could go forward. He added that it would be complex, and staff has not really evaluated that but it is something staff can definitely consider. He indicated that it would be inconvenient but not undoable. EXCERPT: PLANNING COMMISSION MEETING MINUTES, June 24, 2015 Page 28 of 45