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City of Pleasanton
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2008
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121608
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15
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12/10/2008 4:37:43 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
15
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of Measure PP coming into effect if both measures had passed and Measure OQ had <br />received more votes. Measure PP, on the other hand, did not have similar language <br />about conflict and nullification as to any other measure. <br />In that both measures passed a guiding rule of statutory interpretation is that two laws <br />be read together and construed to give effect to both. Thus, the substantive provisions <br />of the measures are analyzed to determine if any actual conflict exists. <br />DISCUSSION <br />Hill Side Development Regulations. Measure PP adopts and Measure OQ reaffirms <br />specific policies for the General Plan regarding hillside development restrictions. <br />Measure PP prohibits placing housing units or structures on slopes of 25% or greater, <br />or within 100 vertical feet of a ridgeline, does not allow grading to construct residential <br />or commercial structures in those same areas, and also bans subdividing a 'legal parcel' <br />(as of January 1, 2007) for more than 10 housing units, but exempts developments of <br />10 or fewer housing units from these restrictions. Some of the terms used by Measure <br />PP, such as "slope", "structure" and "ridgeline", are not specifically defined in the <br />measure, but are broadly used in the existing General Plan. Additionally, Measure PP's <br />language restricting subdivisions could be interpreted in several ways. These <br />implementation considerations were discussed in the Analysis of the Impacts and <br />Effects of the Save Pleasanton's Hills & Housing Cap Initiative, dated June 11, 2008, <br />and presented to the City Council on June 26, 2008 (the "Analysis Report") as an <br />informational report.2 <br />In contrast to Measure PP's specific restrictions, Measure QQ's substantive hillside <br />policies involve the readoption and reaffirmation of existing policies and a program from <br />the 1996 General Plan to generally: (i) preserve scenic hillside and ridge views of the <br />Pleasanton, Main and Southeast Hills; (ii) study the feasibility of preserving large open <br />space areas in the Southeast Hills; and (iii) protect all large contiguous areas of Open <br />Space. <br />These Measure PP and QQ General Plan policies and program exist as written without <br />any direct conflict. <br />Potential conflicts could arise when a specific project is considered. For example, an <br />applicant may claim it qualifies for the exemption from Measure PP's restriction on <br />development within 100 vertical feet of a ridgeline because the project proposes fewer <br />than 10 housing units; but the Measure QQ policy, which provides for the preservation <br />of ridge views, could be interpreted as prohibiting such development. <br />Therefore, while a conflict may arise when a particular application is considered, since <br />there is no direct conflict between the substantive Measures PP and QQ hillside <br />s The City Council did not adopt this Analysis Report, so it is not controlling when Measure PP's <br />restrictions are applied to specific development projects. <br />Page 3 of 7 <br />
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