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Attachment 4 THE PLEASANTON RIDGELINES PROTECTION AND GROWTH CONTROL INITIATIVE MEASURE QQ Q ~ MEASURE QQ; Shall yEg the Pleasanton Ridgelines Protection and Growth NO Control Initiative be adopted, that would preserve scenic hillsides and ridges surrounding Pleasanton, and affirm and implement policies that pro- tect hillsides and define housing units that respects the voter-approved housing cap'? CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE QQ Growth Control nitro ive A general plan is a set of long-range goals, policies and programs guiding land use decisions. City decisions re- garding development of property within Pleasanton are currently governed by the 1996 General Plan. This Measure involves reaffirming policies and a pro- gram in the current General Plan that (a) preserve scenic hillside and ridge views in part by studying the feasibility of preserving large open space azea in Pleasanton's South- east Hills; (b) protect continuous areas of Open Space from intrusion by urban development and (c) confirm the 29,000 unit Housing Cap and clarifying how different housing types are counted towards the Housing Cap. Because the City Council adopted these policies and program into the 1996 General Plan, the Measure is described as a reaffirmation and readoption of these poli- cies and program. If this Measure passes, these policies and program can only be changed by Pleasanton voters. State Inw requires that residential development pro- jects and many other land use decisions be consistent with General Plan policies. Accordingly, if this Measure is approved, future land use decisions, in context of proper- ties that have scenic hillsides and ridge views and/or areas of open space, would need to demonstrate how such hill- sides and ridge views were "preserved" or how such open space was "protected" from urban development. While that type of analysis is already required for land use deci- sions because these policies are part of the current General Plan, voter adoption of these policies will require such analysis to continue in the future. The Measure also discusses another program in the General Plan, Conservation and Open Space Element Pro- gram 5.1, which calls for development of a ridgeline pro- tection ordinance and scenic hillside guidelines. The Mea- sure does not provide for voter adoption of this current program, but rather describes how such an ordinance and guidelines might be developed, including who could be involved, elements that might be considered, the require- ment for envtronmental review, and a deadline for comple- tion. This explanation of a process for the development of such an ordinance and guidelines, where detailed, is not specific as to any required outcome. Therefore, there is no provision requiring the City to enact what might be devel- oped. This Measure would more specifically define which housing units count toward the Housing Cap (of 29,000 units), as follows: ~ Count towards Housing Cap: Each single family home, condominium, townhouse, each half of a duplex/duet, each mobile home and apartmrnt unit. r Do Not Count towards Housing Cap: Second units, rooms in extended stay hotels, and units in assisted living facilities. Regazding assisted living facilities, this Measure pro- vides the option, at the discretion of the City, to count some units of those facilities towards the Housing Cap, based on "impacts on community services and infrastruc- ture", which could include projected use of the Pleasanton Pamtransit Service, City facilities such as the Senior Crn- ter, or calls for Fire Department paramedic response. If voters approve this Measure QQ, and it receives more votes than Measure PP, then no portion of Measure PP goes into effect. Dated: August 8, 2008 s/MICHAEL ROUSH, City Attorney City of Pleasanton PLOQ-t