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BACKGROUND <br />At its May 20, 2008 meeting, the Council requested a report be prepared regarding the <br />impact and effects of the Save Pleasanton's Hills & Housing Cap initiative (per Elections <br />Code §9212), as well as discuss issues raised regarding hillside regulations. As <br />required by law, this report is being presented within thirty days. <br />DISCUSSION (Note: The Executive Summary of the report is reproduced here.} <br />The Save Pleasanton's Hills & Housing Cap Initiative, if adopted by the City Council or <br />approved by the voters, would amend the City's General Plan by adding new policies to <br />the Land Use Element under Open Space and Growth Management. In its simplest <br />terms, the Initiative would: (a) prohibit (subject to certain exemptions) the placement of <br />housing units and structures, as well as grading to construct residential and commercial <br />structures, on properties with slopes greater than 25% or within 100 vertical feet of a <br />ridgeline; and (b) define a housing unit to include any residence that has a kitchen and a <br />bathroom. <br />Some terms of the Initiative, however, are not defined and therefore, in the absence of <br />an implementing ordinance that would define certain terms with more specificity, will be <br />subject to City Council interpretation when the terms of the Initiative are applied to <br />specific development projects. <br />Hillside Development: <br />Similar to some of the existing policies in the General Plan limiting development in <br />areas of 25% or greater slope, the Initiative will create a general prohibition on placing <br />housing units and structures on slopes of 25% or greater, or within 100 vertical feet of a <br />ridgeline, as well as a general prohibition on grading to construct residential or <br />commercial structures in those areas. However, the critical terms of "slope", "structure", <br />and "ridgeline" are not defined in the Initiative itself. <br />Although the Initiative creates an exemption for developments of 10 or fewer units on a <br />"legal parcel", the Initiative also prohibits the subdivision of a "legal parcel". This <br />language is open to several interpretations, with significantly different results. <br />As applied, the Initiative's hillside development restrictions may result in the reduction of <br />119-224 housing units from hillside areas, generally west of Foothill Road and in the <br />Happy Valley and North Sycamore areas. It is, however, expected that those units will <br />shift to other places in the City, but likely be replaced by smaller homes or apartments <br />through infill projects or redevelopment of already developed property. <br />Housing Units: <br />The second policy proposed by the Initiative defines housing units. This definition also <br />presents questions of interpretation. The Initiative indicates (in its "statement of <br />reasons" for the Initiative) that the Pleasanton definition of housing unit should be <br />Page 2 of 5 <br />