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Planning Commission voted to recommend to the Council that they thought a road was a structure; however, the Commission's position has evolved over time and has not been consistent as this is a challenging issue. He noted that Council seemed to be heading in a certain direction at one point in time and then seem to be heading in a different direction at another point in time, and he cannot recall exactly what the votes were. Chair Allen stated that it is her understanding that when the Council and the Planning Commission voted on this previously, they were applying it to all projects, and those votes would have created a standard for all projects that could be impacted by Measure PP versus just one individual project such as is being considered today. Mr. Dolan replied that was correct. He stated that the last time the Council actually took a formal vote was when it was considering implementing an ordinance, which would apply to all projects. He noted that the Council never had a second reading for that ordinance and so it did not go into effect. Commissioner Ritter commented that it sounds like it has mostly been opinions and that there has not been any official vote from the Planning Commission or the Council with respect to a definition. Mr. Dolan confirmed that there was nothing that ended up in completion on the City's discussion of the item. Chair Allen stated that one of the letters the Commission received from one speaker today mentioned that there might potentially be another option for a roadway that did not access Sunset Creek Lane but had a lower connection down in the Sycamore area. She asked staff to address that question and if there is another road access that does not cross the 25- percent slope. Mr. Dolan replied that was correct. He indicated that the connection to Sunset Creek Lane, as part of the approval of Sycamore Heights, requires an easement across that open piece of property, and that easement is available to the City to extend Sunset Creek Lane should the City so desire, and the road could be built farther down the hill onto McCutchen Court off of Sunset Creek Lane and connect where the land is much flatter. He noted that the road will still have to cross the creek, but the slope would not be as extreme. He added, however, that the problem is that the piece of property is owned by the Sycamore Heights Homeowners Association and would need its approval, which would be unlikely based on some testimonies given tonight. Chair Allen stated that a comment was made tonight that whatever decision the Commission makes tonight sets a precedent for decisions on other projects that may be impacted by Measure PP. She indicated that it is her understanding that the Commission was instructed that this is not a precedent and that, in fact, the Commission is supposed to look at each project on its own and apply its best thinking about Measure PP. She requested staff to address that question. Mr. Dolan replied that he cannot really say more than what Chair Allen said, which summarized what the Council's instructions were. PLANNING COMMISSION MINUTES, August 26, 2015 Page 20 of 43