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1. Measure PP states that housing units and structures shall not be placed on hills 25 percent or greater or within 100 vertical feet of a ridgeline. "Structure" is defined in three key places: in Section 18.08.535 of the Pleasanton Municipal Code, which says that "A structure is anything constructed or erected which requires a place or location on the ground." That would certainly include roads. The California Government Code, Chapter 4.5, paragraph 65927 says, "Structure includes but is not limited to any building, mad, height, flume, etc." and it lists other things, but "road' is spelled out. The California Building Code also defines a structure as "that which is built or constructed." That includes a road. Mr. O'Connor stated that people can keep searching for all kinds of definitions all over the place that will fit what they want it to be, but the key would be the Pleasanton Municipal Code, the California Code, and the California Building Code. 2. Roads built on 25 percent of slopes will generally require V-ditches or retaining walls which also fit those same definitions he just gave. 3. On March 14, 2012 and January 23, 2013 the Planning Commission at both times unanimously agreed that roads were structures. City staff and the City Council also unanimously agreed at its November 27, 2012 that roads were structures. Mr. O'Connor stated that it is clear that a road is a structure and is subject to Measure PP. He added that, as mentioned by a speaker, when voters voted for Measure PP, they were looking to preserve the hillsides so they could look up and see pristine hills with no roads and no structures. He indicated that the Commission's decision tonight will set a major precedent going forward and asked the Commissioners to please support Measure PP. Belinda Zhu stated that the bottom of the issue is that accessing Sunset Creek Lane is a clear violation of the intent and the written document of Measure PP. She urged the Commissioners to vote in accordance with the law to avoid any future potential legal liabilities. Allen Roberts acknowledged that he did not need to say half of what he was going to say, which is about man-made slopes, because it was already addressed earlier by staff. He reminded the Commission to please condition any approval on getting the area of the man-made slopes corrected on any lots affected. Mr. Roberts stated that he was here tonight to ask the Commission to respect the vote of the people to preserve Pleasanton's ridges and hills. He indicated that while the current project is not very visible to most of Pleasanton, decisions made on this project will affect future projects that will be very visible. He added that besides the issue of man-made slope, Lot 32 has a ridge leading up to it that exceeds 25 percent, and he asked the Commission that as a condition of its approval, Lot 32 be checked for compliance with Measure PP. EXCERPT: PLANNING COMMISSION MINUTES, August 26, 2015 Page 9 of 26