11 ATTACHMENTS 9 -16 - Laserfiche WebLink

Because roads and retaining walls "require° a location on the ground," they are clearly included within the Pleasanton Municipal Code's definition of "structure." The California Government Code on planning and land use similarly states: "`structure'includes, but is not limited to, any building, road, ... ." (Cal. Gov. Code, Chap. 4.5, Review and Approval of Development Projects,§ 65927.) Both the Pleasanton and the California formulations appear to have widespread adoption: • It appears the California state formulation ("structure' includes ... road") is more popular in coastal communities. Examples of communities adopting the California Government Code definition into their own municipal regulations include Carmel, Halfmoon Bay, Huntington Beach, Imperial Beach, Laguna Beach, Long Beach, and Malibu. Notably, Fremont has also adopted this definition. • Inland communities appear to typically adopt language like Pleasanton's ("anything constructed ... which requires a location on the ground"). Examples of communities defining "structure" in the same way as Pleasanton's Municipal Code include: Atherton, Benecia, Berkeley, Burlingame, Concord, Lafayette, Menlo Park, Orinda, Pleasant Hill, Sacramento, San Bruno, San Carlos, San Mateo, Sausalito, Sonoma, South Lake Tahoe, Vacaville,Walnut Creek, and Watsonville.' So, there are many, many communities that define roads as structures for purposes of hillside development planning. Indeed, having reviewed the municipal codes of several dozen California communities, I have not found any municipal code anywhere that suggests "structure" does not include "roads." Walking through some specific, nearby examples in more detail: • Danville. Danville requires a special permit to build a "structure" on a hillside or ridgeline. (Danville Municipal Code § 32-69.5.) Similar to Pleasanton, Danville defines "structure" as "anything constructed or erected on and permanently attached to land." (§ 32-2.2.) Danville goes on to explicitly carve out a variety of things from "structure," including "sidewalks." The strong implication of such an exception is that sidewalks would have otherwise been included in the definition absent the exclusion. If sidewalks are included in "structure" (absent exception), so are roads. • Fremont. Like Measure PP, Fremont Municipal Code § 18.130.050 prohibits the construction of "structures" on "hilltops" or "ridgelines." Fremont defines "structures" to include"any ... road." (§ 18.25.800.) • Orinda. Orinda Municipal Code § 17.30.7 subjects any "structure" developed on a "severely sloped" hillside to special design review. Like the Pleasanton Municipal Code, Orinda further defines "structure" to mean anything "constructed ... on the ground." (§ 17.2.3.) • Lafayette. The city code prohibits "development" within certain distances of ridgelines. (§ 6-2023.) Lafayette defines "development" to include "structures," then See Attachment 2 for citations.