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5. Additional Questions from Council and the Pablic <br />5.1. Which properties would be subject to the IniWtivo; if new hilbide <br />regulations were adopted, to which properties world they apply? <br />The Initiative does not limit the areas of the City to which it would apply and thereforo <br />the Initiative's Policy 12.3 would generally apply to those properties wrthm 100 vertical <br />feet of the ridgeline, as well as those Properties with hillside slopes of 25% or greater. <br />(See Table 1 and Exhibit C.) In certain areas of the City, however (for example <br />properties west of Foothill Road and on certain properties within the Vineyard Avenue <br />Corridor Specific Plan), them already exist hillside regulations and standards. This <br />Policy 12.3 therefore would be in addition to those regulations and standards and, as a <br />general principle, the more restrictive provisions would apply. <br />Notwithstanding that the Initiative has city wide application, the Initiative d ~u cslude <br />language exempting housing developments of 10 or fewer units on property <br />January 1, 2007 was a "legal parcel"• <br />As to that portion of Policy 12.3 that addresses s~ubdivtdi ~ldegal plarce~ls, aPP~Y ~~~ <br />methods of statutory construction and interprets ' n, aPP Y Y <br />properties with greater than 25°h slope or within 100 vertical feet of a ridgeline. Amore <br />expansive (but more strained) reading of the restriction against splitting a legal parcel to <br />approve more than 10 housing units, however. could result in the application of the <br />restriction City-wide. (See Section 5.16.) <br />The Initiative's Policy 15.3, defining housing unit, does clearly have City-wide <br />application. <br />If the Initiative were adopted and, subsegtremly, new hillside regulations promulgated <br />consistent with the Initiative, it would need to be determined which properties would be <br />subject to such new regulations. That is, since the proposed Initiative does not specify or <br />limit the hillside areas where it applies, consideration is needed whether certain areas that <br />are already covered by hillside regulations or policies should be exempt from additional <br />new hillside regulations. <br />It would need to be determined whether any new hillside regulations should apply <br />equally to the entire City. This could be perceived es the fairest, least complicated <br />manses in which to create and implement hill area development regulations. New <br />regulations based on the Initiative could be developed to supQlement existing policies and <br />ordinances, as well as to clarity portions of the Initiative. Opportunities for clarification <br />could be addressed through development and implementation of appropriate regulations <br />if the Initiative is adopted. <br />rs For example, the ttiU eta west of Poothill Rod v covered by the West Foothill Rod Corrldar Overlay <br />District and try the General Plan polieia implementing Measure F; and properties within the Vineyard <br />Avemr Corridor SpaeiBe Plae eta daigttated Hillside Reidential District have special 6i0side <br />devebpma~ staodarda and guideline. <br />12 <br />