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manatt manatt I phelps I phillips Mayor Thome and Members of the City Council May 7, 2013 Page 3 referenced by the General Plan that were adopted prior to November 2008. Roads are structures and cannot be constructed on the hillside areas prohibited by Measure PP from development." (Staff Report,p. 6.) The Staff Report indicates that Staff,however,did not concur with the Planning Commission's recommendation because the effect of Measure PP on roads would not be desirable in Staff's view. Specifically, the Staff Report describes the improper motivation for re-defining "structure"to exclude roads as follows: Staff previously recommended the proposed Code Chapter exempt roads anticipated by PUD Development Plans and Specific Plans approved before November 2008. In consultation with the City Attorney' s Office prior to the March 13th Planning Commission public hearing, the Planning Division staff determined that this "grandfathering" of roads previously anticipated by plans and developments may not be a defensible implementation of Measure PP for the following reason: Measure PP supersedes the General Plan and the Specific Plans referenced by the General Plan. If roads are structures, they cannot be constructed on the hillside areas prohibited by Measure PP from development. This determination has implications that the City Council should be aware of as the proposed ordinance is considered. The proposed By-Pass Road anticipated in the Happy Valley Specific Plan would need to traverse extensive areas of land with a 25- percent slope or greater. Similarly,the roadway connection to the Lund Ranch II property from either Sunset Creek Lane or Sycamore Creek Way anticipated in the North Sycamore Specific Plan would also need to traverse smaller areas of land with a 25- percent slope or greater. (emph. added; Staff Report,pp. 6-7.) It is impermissible for the City to adopt amendments that would render provisions of Measure PP inapplicable to specific projects. The proposed amendments recommended by Staff are clearly designed to avoid the proper application of Measure PP and are not aimed toward clarifying or implementing Measure PP's provisions. Here, Measure PP unequivocally states that"[Mousing units and structures shall not be placed on slopes of 25%or greater, or within 100 vertical feet of a ridgeline"and there is no indication that all structures, including roads(as the then-existing definition of"structure" included)were not contemplated. Similarly, there is no evidence that the proponents of Measure PP intended some other meaning of"ridgeline"than as defined in the City's Code.