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11 ATTACHMENTS 9 -16
City of Pleasanton
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CITY CLERK
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2015
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11 ATTACHMENTS 9 -16
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10/28/2015 3:38:00 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/3/2015
DESTRUCT DATE
15Y
DOCUMENT NO
11 ATTACHMENTS 9-16
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single contour for making a determination. Notice that Staff didn't cite any use of their IP <br /> criteria, in fact their example from the engineer highlights the issue with their proposal. <br /> For ridge definition, I never found anything that resembled Staff's last hill definition. I'm <br /> can only assume Staff didn't either given it is not referenced. Instead most agencies resort <br /> to mapping for ridges (Orinda is the closest example of mapping). This avoids the <br /> difficulty of definitions and allows everybody to have a clear picture of what is <br /> developable and what is protected. I think this is best answer for Pleasanton, but it must <br /> be done as part of a public process,not done in a backroom on individual projects which <br /> is what occurred on this project. The developer has invested lots of money and resources <br /> relying on Staff's suggestions of what a ridge and what is not. Everybody would be better <br /> served by a map which lays out the ridges for all Pleasanton once and for all. <br /> Access Road: <br /> Much of the public discussion about this project has centered on the access and the <br /> implication of PP on ability to build a road connection to Sunset Creek. The underlying <br /> issue whether a road is a structure. Staff has taken both sides of this issue, at first arguing <br /> that a road is structure when it seemed the access road from Sunset Creek would be <br /> exempt from PP. The Council and Planning Commission agreed as well. Only when this <br /> specific access road was determined to controlled by PP did Staff and Council reverse <br /> themselves.That reversal prompted several letters to the Council, which I have attached. <br /> Those letters make it clear the legal issues the Council was facing if it attempted to <br /> modify PP by redefining terms referenced on the initiative. Especially if that reversal was <br /> to allow a specific project to avoid to requirements of PP. <br /> While many question where a road is indeed a structure, a retaining wall is absolutely a <br /> structure. It is specifically designated as such in the California Building Code (section <br /> 1.1.3.1.2). Even the current mayor of Pleasanton proclaimed that a wall definitely is a <br /> structure during the Council meeting of 2013. At the Planning Commission workshop the <br /> civil engineer for the project indicated the probable need for a retaining wall to construct <br /> the access road and the Staff report suggests that as well. If a retaining wall is in fact <br /> required, there can be no doubt that PP applies. Staff suggests that perhaps if the retaining <br /> wall is required for a road then perhaps it somehow is not a structure.Please consider <br /> carefully where that kind of logic leads. <br /> I believe the Commission and Council should take a conservative position on this <br /> question and assume that a road is a structure for the purposes of PP. If the road from <br /> Sunset Creek is to be built it should be specifically authorized by a vote of the citizens of <br /> Pleasanton as an exception to PP. <br /> Sincerely <br /> Allen Roberts <br />
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