08 ATTACHMENTS 9 -16 - Laserfiche WebLink

Mr. Frost stated that he should probably not have used the word "build" because "build" automatically infers that doing a structure. He noted that the word "construct" goes right down the same path again as both the words "structure" and "construct" come from the Latin "structura." He concluded that he would then come back to this same thing that to have a structural defect, there must be a structure. He indicated that if one does not support Measure PP and accept that a road is a structure by definition, then this is going to lead down a very bad path for the community. He emphasized that the community should not go there; people should stand up and say that a road is a structure, and therefore, a road cannot be built. Bill Spain stated that he is a 26-year Pleasanton resident, referred to Mr. Dolan's statement that there was a private agreement between Ventana Hills and Bonde Ranch. He indicated that it was not a private agreement, that Brian Swift, Planning Director at that time, worked very closely on it, and that they had the opportunity to have that agreement reviewed by outside legal counsel. He added that the Ventana Hills residents do not share the opinion that the agreement is private, and it is not necessarily exclusive to the discussions with Bonde Ranch. Mr. Spain stated that he supports Option 2 as it is consistent with previous agreements supported by surrounding neighborhoods. He noted that they have made that clear in previous attempts to define their position in front of the Planning Commission. He added, however, that he understands and accepts Option 3 as a suitable alternative. With respect to traffic, Mr. Spain stated that he did not see any reference to construction traffic in the staff report. He indicated that it is his position that construction traffic for the homes being connected to Sycamore Heights and Bridal Creek should be routed through those neighborhoods since this was also addressed in their CC&R's, and only the construction traffic associated with ten or fewer homes being built in a cul-de-sac at the end of Lund Ranch Road should be routed through Ventana Hills and Mission Park. He stated that they would like to have the construction traffic recommendations added to the developer's agreement and conditions of approval. John Bauer handed the Commissioners a document and thanked them for their public service. He stated that Measure PP, Save Pleasanton's Hills, and the housing cap has already been litigated, and a precedent has been set; the housing cap has been thrown out and has been ruled unconstitutional by the California Supreme Court, so the housing cap of Measure PP is gone. Mr. Bauer stated that there is a property on very steep hillsides in South Vineyard, the 15-unit Chrisman property, that just recently had its Final Map approved. He indicated that when the development agreement came off for extension in 2009, Measure PP was contemplated, and in the Minutes of the contemplation and in the precedent that was set, they acknowledged that it was on very steep hillsides, that exception was given to the Chrisman Ranch to build over existing roads, and that they had to extend beyond those existing roads and encroach upon slopes greater than 25 percent for the whole project to happen; and that was acceptable. He indicated that the document he handed to the Commission is Figure 4.1-3, page 70 of the EIR. He noted that the two red boxes on the document are what are being contemplated here as far as steep grades; and the area that will be crossed is less than the size of the seating area in the room. He EXCERPT: PLANNING COMMISSION MEETING MINUTES, June 24, 2015 Page 14 of 45