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Council had previously rejected on Nov. 27, 2012.1 RHPA finds this perplexing to say <br /> the least. <br /> The Ordinance now proposes to "grandfather in" roadways identified in a <br /> previously-adopted specific plan covering part of the hillside area. The Ordinance <br /> purports to do so based on the idea that these roadways are "vested" and therefore <br /> would not be affected by the initiative. This is incorrect. A specific plan is a legislative <br /> act. As such, the provisions of a specific plan are never vested. (Avco Community <br /> Developers, Inc. v. South Coast Regional Corn. (1976) 17 Cal.3d 785; Oceanic <br /> California, Inc. v. North Central Coast Regional Corn. (1976) 63 Cal.App.3d 57, 70.) <br /> Consequently, because the general plan takes precedence over any conflicting <br /> provision of a zoning ordinance or specific plan, the provisions of Measure PP supplant <br /> any conflicting provisions previously-adopted specific plans, and the provisions of <br /> Measure PP, rather than those of the specific plan, must be adhered to in any <br /> development proposal for the area.2 Exempting such conflicting provisions from <br /> Measure PP may only be done through the approval of Pleasanton's voters after full <br /> environmental review under CEQA. <br /> Second, the Ordinance would further broaden the exemption from Measure PP to <br /> cover city facilities and commercial structures. Measure PP included no such <br /> exemptions. The only exemption provided for in Measure PP is, "Exempt from this <br /> policy are housing developments of 10 or fewer housing units on a single property that <br /> was, as of January 1 2007, 'legal parcel' pursuant to the California Subdivision Map <br /> law." Any attempt to enact additional exemptions, including specifically attempting to <br /> exempt city facilities or commercial structures, would again require both environmental <br /> review and voter approval. <br /> Third, the Ordinance proposes to read out of existence an earlier-enacted ballot <br /> measure, Measure F, which set development limitations for the Pleasanton Ridge area. <br /> (See Measure F, adopted by Pleasanton voters in November 1993.)3 The City <br /> apparently believes that Measure PP repealed by implication some provisions of <br /> Measure F. Such is not the case. In fact, Measure PP and Measure F are <br /> complementary measures that supplement rather than conflict with each other. It is a <br /> long-standing canon of statutory interpretation that repeal by implication is disfavored. <br /> (Sanford v. Garamendi(1991) 233 Cal.App.3d 1109, 1114-1115.) As specifically <br /> applied to a ballot measure, such repeal will only be considered if the ballot measure <br /> itself, or accompanying ballot materials, indicated the intent for such a repeal. (Id.) <br /> Neither the text of Measure PP nor any of the ballot materials provided to the voters <br /> considering Measure PP indicated the intent to repeal the provisions of the earlier- <br /> enacted Measure F. Barring a demonstrated direct conflict (and there is none), the two <br /> measures both continue to be fully effective. An implementation ordinance could <br /> properly explain how the two measures should be coordinated in areas where both <br /> apply, but any attempt of the proposed implementing ordinance to eliminate provisions <br /> of Measure F would be invalid as an ultra vires act by the Council. <br /> City staff is apparently representing that RHPA wants the City to map all of the <br /> ridges that would be covered by Measure PP, using the criteria that would have been <br /> p.12, Option Three—November 27, 2012 Staff Report. <br /> 2 Further, it appears from perusal of the specific plan involved (the North Sycamore Specific Plan)that the <br /> roadways associated with Lund Ranch II that the City intends to grandfather in are not within the specific <br /> plan area, although they are identified in an appendix discussing cumulative development near the <br /> specific plan area. <br /> 3 Measure F, as adopted by Pleasanton voters in 1993, explicitly amended the general plan and <br /> incorporated an attached "Exhibit B" into the General Plan. For convenience, a copy of the initiative is <br /> attached hereto. That exhibit is nowhere to be found in the current Pleasanton General Plan. <br /> Nevertheless, never having been repealed by Pleasanton voters, it remains in effect. <br />