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PC 062415
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PC 062415
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
6/24/2015
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noted that the Commission's decisions and recommendations will have far broader <br />implications for the community because Measure PP is being tested and precedent is <br />being established. He added that contrary to certain staff comments made at the <br />February meeting, casting doubt that Measure PP would ever be implicated again in the <br />future, that the Measure PP issues at hand are one off, his understanding is that, in fact, <br />there are seven or eight other properties that would be impacted by the precedent set <br />by the application of Measure PP to the Lund Ranch development. He noted that this <br />project is at the tip of the sword in putting Measure PP to its first meaningful test. He <br />pointed out that the will of the Pleasanton voters was made clear by the passage of <br />Measure PP several years ago: the people do not want structures built on hillsides with <br />a 25- percent or greater grade; roads are structures and there is overwhelming evidence <br />to support that. <br />Mr. Chu stated that staff mentioned today that Measure PP does not consider roads as <br />structures because roads are necessary to implement their recommendation. He <br />indicated that he does not think that is a good enough justification, that people need to <br />look at the facts and the law, that people need to look at how a court would interpret <br />Measure PP. He added that retaining walls are also structures, and retaining walls <br />would be required if staff's recommendation is implemented. He asked the Commission <br />to take care and not to make a recommendation to the City Council that will violate the <br />law and cause the City to wade into the time - consuming and expensive waters of <br />litigation. He added that if no agreement is reached regarding the interpretation of <br />Measure PP, there is a system set up through the courts that will help with that <br />interpretation. He emphasized that Measure PP needs to be defended for the good of <br />the community and urged the Commission to look at the facts, look at the law, ignore <br />anecdotes and unsupported statements or emotional appeals, review the ample <br />materials before it, and make a truly informed decision without blindly following City staff <br />recommendations. <br />John Spotorno reiterated an email he sent earlier this week to the Planning Division <br />about how the Spotorno Ranch shares approximately 7/10 of a mile of fence between <br />this project and their property, and hopes they can work out the fencing details between <br />the two properties through an agreement to secure their continued operation of the <br />rangeland that abuts a residential project such as this. <br />James Frost commented on staff's presentation that if a road is not a structure, he is <br />confused as to how it can be subject to the structural defects that staff indicated could <br />possibly happen, that it would seem to him then that a road is a structure by definition. <br />He noted that at the last meeting, he made a very impassioned plea that Measure PP <br />be recognized and accept the road as a structure. <br />Mr. Frost stated that at the last meeting, a Commissioner who was not present tonight <br />provided a Wikipedia definition of a structure with the conclusion that a road is not a <br />structure. He indicated that he [Mr. Frost] was an engineer, highly educated, who has <br />been in the high -tech biotech industry for 35 years doing all kinds of clever projects and <br />working on a forensics DNA project here in Pleasanton as a consultant. He added that <br />he is not a consultant; he operates a winery in the Napa Valley and runs all the <br />engineering projects there, and is right now spending $500,000 for replacing their septic <br />system with a live axe septic system, so he is very familiar with engineering. He stated <br />PLANNING COMMISSION MINUTES, June 24, 2015 Page 15 of 54 <br />
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