01 MINUTES SPECIAL 06-26-08 - Laserfiche WebLink

Councilmember McGovern restated that the City has been doing this for 22 years without a lawsuit, it is a historical practice, and referred to Section 5.4, stating that GIS technology could be used to calculate slopes and to designate areas that equal or exceed 25%. Councilmember Sullivan questioned how the analysis was determined for up to 224 houses to come off of the hillside based on the 25% slope criteria. Mr. Iserson said staff has an understanding of what a 25% slope is and these methods have been in place for many years. The stakes get a bit higher when you are talking about the number of units and how they are exactly defined. Staff did not intend to say this is an insurmountable issue, but it would be a matter of using GIS and identifying the methodology used across the board. In the past, other methods have been used by looking at different projects proposed or under consideration. In arriving at the number, staff used the GIS methodology as well as other criteria of the Initiative, such as 100 vertical feet to the ridgeline. There were some assumptions they had to make and they used existing development plans and best estimates of the likely impact based on slope and elevation. Councilmember Sullivan believed that this was therefore aline-tuning issue of how to nail it down and not an unknown of what it means. Mr. Iserson agreed and that if there is fine-tuning, staff would recommend it be done through an ordinance and for all parties to get together so no disagreement occurs in the future. Councilmember McGovern said GIS has been used for projects. She received a copy of what Oak Grove looks like and to her; the City knows what a 25% slope is and she has difficulty in understanding why it must be defined. Mr. Iserson said the GIS technology assumes a certain methodology in its definition of slope. Staff would need to agree that is the way to do it, but he did believe this should not be a problem. Councilmember McGovern said she went back to the 1993 Ridgeline Measure passed by the community to protect the Pleasanton ridge lines, and she was concerned about the report talking about 4 ridges, as it would make more definitions than what is necessary. She preferred the definition in the staff report which makes more sense. Mr. Iserson said there is a definition in the General Plan of what a ridgeline is, but it has never had to come into play because staff has never had to measure against the actual ridgeline. When looking at a topography map and a piece of property, there are instances where there could be an arguable question as to whether the feature is a ridge, a knoll, or a slope. Staff is suggesting that if the Initiative passes, that there be some mechanism to determine what a predominant ridgeline is, sub-ridgelines, etc., as it does make a difference. He confirmed there was already a definition of a ridgeline in the General Plan. Councilmember McGovern referred to the assisted living facility to be built on commercial property and asked why this would be changed with the Initiative. City Manager Fialho said it is specific as to how to count a unit. The Initiative defines the characteristics of housing units. Staff's concern is that if an assisted living facility comes forward that has those characteristics; staff would have to count it. He confirmed the Initiative was not retroactive, so the City would not count what has already been built towards the cap, Special Meeting Minutes 8 June 26, 2008