Laserfiche WebLink
requires a place or location on the ground." That would certainly include roads. <br />The California Government Code, Chapter 4.5, paragraph 65927 says, "Structure <br />includes but is not limited to any building, road, height, flume, etc." and it lists <br />other things, but "road' is spelled out. The California Building Code also defines <br />a structure as "that which is built or constructed." That includes a road. <br />Mr. O'Connor stated that people can keep searching for all kinds of definitions all over <br />the place that will fit what they want it to be, but the key would be the Pleasanton <br />Municipal Code, the California Code, and the California Building Code. <br />2. Roads built on 25 percent of slopes will generally require V- ditches or retaining <br />walls which also fit those same definitions he just gave. <br />3. On March 14, 2012 and January 23, 2013 the Planning Commission at both <br />times unanimously agreed that roads were structures. City staff and the City <br />Council also unanimously agreed at its November 27, 2012 that roads were <br />structures. <br />Mr. O'Connor stated that it is clear that a road is a structure and is subject to <br />Measure PP. He added that, as mentioned by a speaker, when voters voted for <br />Measure PP, they were looking to preserve the hillsides so they could look up and see <br />pristine hills with no roads and no structures. He indicated that the Commission's <br />decision tonight will set a major precedent going forward and asked the Commissioners <br />to please support Measure PP. <br />Belinda Zhu stated that the bottom of the issue is that accessing Sunset Creek Lane is <br />a clear violation of the intent and the written document of Measure PP. She urged the <br />Commissioners to vote in accordance with the law to avoid any future potential legal <br />liabilities. <br />Allen Roberts acknowledged that he did not need to say half of what he was going to <br />say, which is about man -made slopes, because it was already addressed earlier by <br />staff. He reminded the Commission to please condition any approval on getting the <br />area of the man -made slopes corrected on any lots affected. <br />Mr. Roberts stated that he was here tonight to ask the Commission to respect the vote <br />of the people to preserve Pleasanton's ridges and hills. He indicated that while the <br />current project is not very visible to most of Pleasanton, decisions made on this project <br />will affect future projects that will be very visible. He added that besides the issue of <br />man -made slope, Lot 32 has a ridge leading up to it that exceeds 25 percent, and he <br />asked the Commission that as a condition of its approval, Lot 32 be checked for <br />compliance with Measure PP. <br />Mr. Roberts stated that unfortunately, nearly all the discussion on this project has been <br />on its access roads and has completely ignored all the other merits and issues of the <br />project. He indicated that while he completely understands that the existing Ventana <br />Hills residents have been promised no more traffic for years, that does not change the <br />fact that Measure PP was enacted, and despite what Measure PP writers might have <br />had in their minds when they wrote it, it is now the law and the definitions in place are <br />PLANNING COMMISSION MINUTES, August 26, 2015 Page 10 of 43 <br />