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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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was the most heartfelt because she is really truly dealing with this as a resident <br />on that street. <br />2. From the standpoint of if a road is a structure or not, the environmental impacts, <br />Measure PP, and what she personally believes the intent was of the drafters and <br />the voters of Measure PP, Commissioner Piper stated that her belief is that a <br />road is indeed a structure. This makes it super difficult because in that case, she <br />would favor Option 1, knowing it would be upholding what the voters intended to <br />do. In a perfect world, to mitigate some of the impact in the Junipero Street <br />neighborhood, maybe the number of homes could be reduced. <br />Commissioner Nagler stated that, first of all, there are obviously four issues before the <br />Commission, and the road being a structure and Measure PP may be the one that is <br />controversial. He indicated that he totally supports the staff recommendations and <br />findings on the other issues; the artificial slope and so forth. He agreed that this is a <br />tough one and the reason deliberative bodies exist is to have these conversations and <br />make majority votes and hopefully have life go on in a way that people can survive as a <br />result and prosper. <br />Commissioner Nagler stated if one starts on this controversial question about where the <br />road should be, with the position that Measure PP in fact does trump everything else, <br />which is probably the most clear statement that could be made out of all of this, then the <br />question becomes much more difficult: "What was in the mind of the typical voter when <br />he /she went to the polls and enacted Measure PP ?" He acknowledge that he actually <br />does not know what are in the minds of voters when they do vote for one or the other <br />candidate; that everyone comes to those decisions with independent thoughts and <br />independent interpretations, but because it is a yes or no vote, a majority is formed on <br />one side or another, but it does not mean that the voters have the same idea in their <br />minds when they cast that vote. <br />Commissioner Nagler stated that having said that, it does become important to <br />recognize that the City Council, after much debate and a very heartfelt attempt to <br />interpret this element of Measure PP, formed public policy that says there is no <br />universal or all enveloping answer to the question; that in order to try and determine <br />what the voters intended in protecting the hillsides in a very significant way would <br />require looking at the question on a case -by -case basis, determine what is a 100 -foot <br />setback, and whether a road is somehow marring the aesthetic of a hillside and <br />therefore violating the intent of the voters, that it really cannot be done other than by <br />looking at the specific facts and the specific circumstance of the decision; and that is the <br />City of Pleasanton's public policy. <br />Commissioner Nagler stated that, even assuming that Measure PP does trump all else, <br />the Commission has to deal with how this applies to this specific decision. He indicated <br />that as he stands on the hillside on the top of the Lund Ranch II development, and he <br />looks at the slope and where the road would be and various ways the road could be <br />constructed, and what that impact might be on the larger surroundings, as one person <br />being asked to make a statement on this, he has come to the conclusion that the issues <br />that the voters generally stated had in mind in enacting Measure PP were much larger <br />and were attempting to impact a much more demonstrative and apparent environmental <br />PLANNING COMMISSION MINUTES, June 24, 2015 Page 35 of 54 <br />
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