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SUPPLEMENTAL MATERIAL
City of Pleasanton
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2015
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120115
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SUPPLEMENTAL MATERIAL
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SUPPLEMENTAL MATERIAL
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12/2/2015 2:37:51 PM
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11/13/2015 11:51:36 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/1/2015
DESTRUCT DATE
15Y
DOCUMENT NO
SUPPLEMENTAL MATERIAL
NOTES
THIS ITEM WAS CONTINUED FROM NOVEMBER 17, 2015
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• It appears the California state formulation ( "`structure' includes ... road ") is more <br />popular in coastal communities. Examples of communities adopting the California <br />Government Code definition into their own municipal regulations include Carmel, <br />Halfmoon Bay, Huntington Beach, Imperial Beach, Laguna Beach, Long Beach, and <br />Malibu. Notably, Fremont has also adopted this definition. <br />• Inland communities appear to typically adopt language like Pleasanton's ( "anything <br />constructed ... which requires a location on the ground "). Examples of <br />communities defining "structure" in the same way as Pleasanton's Municipal Code <br />include: Atherton, Benecia, Berkeley, Burlingame, Concord, Lafayette, Menlo Park, <br />Orinda, Pleasant Hill, Sacramento, San Bruno, San Carlos, San Mateo, Sausalito, <br />Sonoma, South Lake Tahoe, Vacaville, Walnut Creek, and Watsonville.' <br />So, there are many, many communities that define roads as structures for purposes of <br />hillside development planning. Indeed, having reviewed the municipal codes of several <br />dozen California communities, I have not found any municipal code anywhere that suggests <br />"structure" does not include "roads." Walking through some specific, nearby examples in <br />more detail: <br />• Danville. Danville requires a special permit to build a "structure" on a hillside or <br />ridgeline. (Danville Municipal Code § 32- 69.5.) Similar to Pleasanton, Danville <br />defines "structure" as "anything constructed or erected on and permanently attached <br />to land." (§ 32 -2.2.) Danville goes on to explicitly carve out a variety of things from <br />"structure," including "sidewalks." The strong implication of such an exception is <br />that sidewalks would have otherwise been included in the definition absent the <br />exclusion. If sidewalks are included in "structure" (absent exception), so are roads. <br />• Fremont. Like Measure PP, Fremont Municipal Code § 18.130.050 prohibits the <br />construction of "structures" on "hilltops" or "ridgelines." Fremont defines <br />"structures" to include "any ... road." (§ 18.25.800.) <br />• Orinda. Orinda Municipal Code § 17.30.7 subjects any "structure" developed on a <br />"severely sloped" hillside to special design review Like the Pleasanton Municipal <br />Code, Orinda further defines "structure" to mean anything "constructed ... on the <br />ground." (§ 17.2.3.) <br />• Lafayette. The city code prohibits "development" within certain distances of <br />ridgelines. (§ 6- 2023.) Lafayette defines "development" to include "structures," then <br />defines "structure" to include "anything constructed or erected," and provides as <br />examples "a road" and a "retaining wall." (§ 6- 2003.) <br />• Walnut Creek. Again like Measure PP, Walnut Creek Municipal Code §10- <br />2.3.407(D) prohibits "buildings or structures" near ridgelines or on slopes. And, like <br />the Pleasanton Municipal Code, Walnut Creek further defines "structure" to mean <br />anything "constructed ... on the ground." (§ 10- 2.1.303.) <br />3 See Attachment 2 for citations. <br />
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