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fence or a wall used as a fence if the height does not exceed six feet, or access drives or walks." Mr. Dolan stated that the Commission could make that connection and go to this definition in the Municipal Code. He indicated, however, that what staff is proposing is that Measure PP does not necessarily directly reference roads as things that are prohibited in those two areas. He noted some would read the language in this particular definition and say that it applies to roads. He stated that staff believes it is unclear exactly whether or not it applies to roads, mostly because the language also refers to access drives. He added that if the Commission decides to recommend to the Council that structures not be prohibited by the regulations of Measure PP, the best way to justify that position is that there is no way to know what the voters were thinking when they cast their ballot; whether they even referenced this definition or some other definition, and whether they were considering roads as structures or not. Mr. Dolan stated that because of those real life implications that he referenced earlier, staff is actually recommending that the Commission recommend to the Council that roads not be considered structures for the purposes of implementing Measure PP. He explained that what that would do in the real world then is not necessarily guarantee that the Bypass Road could be built or guarantee that a connection from Lund Ranch II would be made to Sycamore Creek Lane, but it allows the Planning Commission and the Council to consider those as options when those two projects come forward, and staff believes that there is enough ambiguity in the language of Measure PP to choose that route. He added that he can completely understand those who would argue against it. He indicated that he is not saying their position is ridiculous, but this position is also valid. Mr. Dolan continued that if the Commission takes that recommendation, there is a logical concern that would come to mind on whether that means roads can run any which way up on ridgelines and on steep slopes. He indicated that there are other protections, one of which is Policy 21 of the Land Use Element which states: "Preserve scenic hillside and ridge views of the Pleasanton, Main, and Southeast Hills ridges." He noted that this can be used to dictate the location of roads when a project comes forward or when a road is proposed. He added that there are also the tools available with the CEQA review. He clarified that a visual concern would be addressed by Policy 21, and an environmental concern by CEQA; additionally, the City has a lot of authority to put roads where it wants them to be. Mr. Dolan then gave a little bit of a preview in terms of the Lund Ranch property. He noted that there are several possibilities to get to Lunch Ranch, the main one being Lund Ranch Road which goes straight into the valley and has been the historic access to the property. He added that, as was mentioned earlier, the North Sycamore Specific Plan indicates that access to the property will be provided through Sunset Creek Lane or Sycamore Creek Way. He noted, however, that if a road is called a structure, and roads cannot be put on a 25-percent slope, then the connection to either Sunset Creek Lane or Sycamore Creek Way cannot be made. PLANNING COMMISSION MINUTES, March 13, 2013 Page 6 of 35