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PC 012313
City of Pleasanton
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PC 012313
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
1/23/2013
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exception as being a balance. She indicated that she sees the Council as having the <br />ability to interpret the language because it is not defined in the initiative; it does not <br />necessarily have to be all taken back through the initiative process for the voters to <br />define "ridgeline." <br />Chair Blank stated that he agreed with everything Ms. Harryman said and understands <br />the Council interpreting what a ridgeline is, a structure, and a roadway. He noted, <br />however, that the exemption process is an issue that is not addressed at all in the <br />ordinance. He added that he is just trying to understand if the voters intended for there <br />to be an exceptions process even though one was not stated in the ordinance. <br />Ms. Harryman replied that she thinks what the Council is trying to do is to find a way to <br />implement the ordinance and interpret the ordinance, and even though it does not <br />explicitly state a lot of things that have been decided or look like they may be decided. <br />Commissioner Olson stated that in his view, looking at the process the Commission <br />goes through when a project comes in and may require a variance, the Commission <br />may or may not agree on granting the variance, and that, in effect, would be an <br />exception process. <br />Commissioner O'Connor stated that he had a conversation with Legal some time ago <br />and it was his understanding that the Council should be looking at interpreting some of <br />these unknowns. He referred to "streets" as an example and asked if it is a structure or <br />not. He indicated that he thinks the Planning Commission said it was and <br />recommended that to the Council; and the Council agreed that a street was a structure, <br />and so the Council has now defined street as a structure. He noted that now, <br />exceptions are being discussed to allow or not allow a structure, which is not defined at <br />all in Measure PP. He indicated that his understanding is that, if there is now the desire <br />to allow an exception or a variance to an item that was voted on by the people of <br />Pleasanton, only the voters have the right to overturn that and to grant that exception. <br />Mr. Dolan explained that he thinks the most important thing that Ms. Harryman said was <br />exactly what he wanted to say, and that is that there is this question about whether or <br />not a road is a structure. He noted that Commissioner O'Connor agrees that the <br />Council has the discretion to determine whether or not that is true. He continued that in <br />his opinion, reasonable people could disagree on that, and he does not have any <br />problem with people who think it is or who do not think it is; but that is a decision that <br />everyone seems to be comfortable with the Council making. He noted that it could go <br />one way or another and questioned why the it cannot pick one side, but then give a little <br />bit of an out to the other side because both answers are within the realm of its authority. <br />Ms. Harryman added that the word "exception" is being used in this discussion, but she <br />thinks the Council did not use the word "exemption" or "exception." She indicated that <br />the idea was to consider those approvals or those roads that were contemplated <br />pre- Measure PP. She pointed out that it is just another interpretation and <br />PLANNING COMMISSION MINUTES, January 23, 2013 Page 11 of 44 <br />
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