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5. Additional Questions from Council and the Public 5.1. Which properties would be subject to the Initiative; if new hillside regulation`s were adopted, to which properties would they apply? The Initiative does not limit the areas of the City to which it would apply and therefore the Initiative's Policy 12.3 would generally apply to those properties within 100 vertical feet of the ridgeline, as well as those properties with hillside slopes of 25% or greater. (See Table 1 and Exhibit C.) In certain areas of the City, however (for example properties west of Foothill Road and on certain properties within the Vineyard Avenue Corridor Specific Plan), there already exist hillside regulations and standards. This Policy 12.3 therefore would be in addition to those regulations and standards and, as a general principle, the more restrictive provisions would apply. Notwithstanding that the Initiative has city wide application, the Initiative does include language exempting housing developments of 10 or fewer units on property that as of January 1, 2007 was a "legal parcel". As to that portion of Policy 12.3 that addresses subdividing legal parcels, applying usual methods of statutory construction and interpretation, it would apply only to those hillside properties with greater than 25% slope or within 100 vertical feet of a ridgeline. Amore expansive (but more strained) reading of the restriction against splitting a legal parcel to approve more than 10 housing units, however, could result in the application of the restriction City-wide. (See Section 5.16.) The Initiative's Policy 15.3, defining housing unit, does clearly have City-wide application. If the Initiative were adopted and, subsequently, new hillside regulations promulgated consistent with the Initiative, it would need to be determined which properties would be subject to such new regulations. That is, since the proposed Initiative does not specify or limit the hillside areas where it applies, consideration is needed whether certain areas that are already covered by hillside regulations or policies22 should be exempt from additional new hillside regulations. It would need to be determined whether any new hillside regulations should apply equally to the entire City. This could be perceived as the fairest, least complicated manner in which to create and implement hill area development regulations. New regulations based on the Initiative could be developed to supplement existing policies and ordinances, as well as to clarify portions of the Initiative. Opportunities for clarification could be addressed through development and implementation of appropriate regulations if the Initiative is adopted. iz For example, the hill area west of Foothill Road is covered by the West Foothill Road Corridor Overlay District and by the General Plan policies implementing Measure F; and properties within the Vineyard Avenue Corridor Specific Plan area designated Hillside Residential District have special hillside development standards and guidelines. 12