PC 031313 - Laserfiche WebLink

Mr. Dolan stated that the exemption process was kind of a theme, and it just did not feel right to the Commission to have various exceptions granted to the ordinance. He noted that staff supports that direction and has removed the exemption processes that were in the initial draft related to landlocked properties and manufactured slopes. He added that staff thought that the direction provided by the Commission was very good: instead of going through an exception process, just build into the ordinance a way of measuring slopes that refers to what can be determined to be the previous natural slope and use whatever evidence is available to determine that. He added that as a matter of course, whenever there is that situation, this would be a part of the dialogue on the development review, and the Commission can confirm its conclusions in that regard. 5. Delete the exemption to streets and roads that are part of a Specific Plan approved to November 2008. Mr. Dolan noted that the Commission had asked that staff delete this exemption. He indicated that staff had a different conclusion in the memo that the Commission never got to discuss at the last meeting; but at this point, staff believes that its previous recommendation may not be defensible, and it goes back again to the specific language in Measure PP that states that Measure PP overrides the existing General Plan, and Specific Plans are a component of the General Plan. He noted that it is difficult to justify that exemption, considering that very direct language in the Measure. Mr. Dolan noted that this does have some implications in the real world to items that may be before the Commission and the Council. He indicated that primarily, it has implications relative to the Bypass Road which is called for in the Happy Valley Specific Plan, and to road connections to the proposed Lund Ranch II development and the connection called for in the North Sycamore Specific Plan to Sunset Creek Lane, primarily because both of these street connections would cross areas that have 25- percent slopes. He pointed out that in the case of the Bypass Road, it is a very extensive area of 25- percent slope, and it is more modest but still exists in terms of the Lund Ranch connection to Sunset Creek Lane. Chair Blank asked Mr. Dolan to quantify "extensive" versus "modest." Mr. Dolan stated that he will demonstrate that in a few slides he will display shortly. He then continued that because of these implications, staff is really proposing a different approach, and it revolves around the definition of structure as referenced in Measure PP because that is what is prohibited in the areas where development is prohibited: in the 25- percent slope area and within the 100 -foot setback line from the ridgeline. Mr. Dolan stated that the Pleasanton Municipal Code does have a definition of "structure ": "'Structure' means anything constructed or erected which requires a location on the ground, including a building or a swimming pool, but not including a PLANNING COMMISSION MINUTES, March 13, 2013 Page 5 of 35