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areas." He pointed out that access drives are actually entryways into those parking lots <br />and such. <br />Mr. O'Connor stated that California Statute 65927 also defines "structure," and it <br />actually uses the word "road" in its definition: "As used in this section, structure includes <br />but is not limited to any building, road, height, flume, etc." He continued that Webster's <br />Dictionary also says: "Structure is the action of building, construction, or something that <br />is constructed." He indicated that he thinks it is clear from those definitions that roads <br />are indeed structures. He added that public and private roads require engineering and <br />construction, and they certainly require a location on the ground. <br />Mr. O'Connor stated that Measure PP absolutely did intend to include roads in its <br />grading restrictions, roads such as those through Oak Grove and up Santos Ranch. He <br />noted that the Commission received a letter from Ms. Anne Fox, one of the authors of <br />Measure PP who actually wrote this section, and which says that roads were definitely <br />planned to be covered by Measure PP. He then referred back to the General Plan <br />going back many years where it cautions not to build roads on slopes greater than <br />15 percent. He added that in the November 29, 2005 Land Use Joint Workshop, then <br />Planning Director Jerry Iserson clarified the City policy on road construction and said <br />that public streets are not allowed to be built in Pleasanton on anything greater than a <br />15- percent slope; yet, tonight, there is talk about the possibility of building on slopes that <br />are greater than 25 percent, slopes that are approaching almost twice what was <br />supposed to be the limit where Pleasanton could build a road. He noted that the <br />Planning Commission and the Council previously voted unanimously and determined <br />that streets and roads are structures; and additionally, Pleasanton voters have <br />successfully referended more than once, Council decisions that they felt were <br />unacceptable, such as Oak Grove. He stated that Measure PP was actually perceived <br />to be the fix to that problem so that the City will not have to go back and have more <br />lawsuits and referendums. <br />Mr. O'Connor stated that he thinks it is time that Measure PP and what voters have put <br />in place be supported. He added that the Commission should direct staff to put back <br />the deleted wording in paragraph C: "Grading to construct the above referenced <br />residential or commercial structures is prohibited and grading to construct public and <br />private streets for these developments is also prohibited on slopes of 25 percent or <br />greater or within 100 vertical feet of a ridgeline." He concluded that once this language <br />is restored, then the Commission should recommend approval of the Draft <br />Chapter 18.70 to the Council. <br />Phyllis Lee displayed a text from Chapter 18.88.040 of the Pleasanton Municipal Code <br />and stated that she represented the Bridle Creek and Sycamore Heights <br />neighborhoods. She reiterated what Ms. McGovern and Mr. O'Connor stated that roads <br />are indeed structures. She pointed out that there is a clear distinction between streets <br />and access drives, which are listed separately in bullet point H of Section 18.88.040 of <br />the Pleasanton Municipal Code: "The parking spaces, aisles, and access drives shall <br />be paved as to provide a durable dustless surface and shall be so graded and drain as <br />PLANNING COMMISSION MINUTES, March 13, 2013 Page 13 of 35 <br />