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Planning Commission Meeting June 24, 2015 PUD-25 (Lund Ranch II) Brian Dolan Chairwoman Allen Planning Commissioners The approval of the Lund Ranch II access road (PUD-25) doesn't just warrant some consideration of Measure PP—it is all about Measure PP. Measure PP was a major change for Pleasanton, a hillside protection law enacted by its voters that would override some informal agreements and the existing General Plan. Measure PP states, "Housing units and structures shall not be placed on slopes of 25%or greater, or within 100 vertical feet of a ridgeline"; this statement includes houses and all other structures. The Pleasanton Municipal Code defines"structure" as"anything constructed or erected which requires a location on the ground..." (PMC 18.08.535), which definitely includes roads. The California Building Code#65927 states "`structure' includes, but is not limited to, any building, road, pipe, flume, conduit...". Roads built on 25% slopes could also require v-ditches and retaining walls, both of which are structures. In 2012, the Planning Commission (3/14/2012) and Council (11/27/2012), led by Staff's recommendation (11/27/2012), unanimously agreed that roads were structures. These opinions continued until the members of the Planning Commission and Council changed and the City Attorney opined that prior Specific Plans could not be grandfathered or exempted from Measure PP. Since roads are prohibited on slopes of 25% or greater,the connection from Lund Ranch to Sunset Creek Way cannot be built; only Option#1 in your staff report can be approved, with access through Lund Ranch Road only. Please remember, it is the opinion of the City Attorney that the documents compiled by the Ventana Hills Steering Committee are not legally binding or enforceable against the owners of Lund Ranch II. But Measure PP is binding on all development in Pleasanton. Measure PP was passed, overwhelmingly, by the voters of Pleasanton. The voters believed they were preserving the hillsides in their natural state. No one was thinking that grading could be allowed to construct roads. Your decision tonight will define hillside development in Pleasanton for decades to come. Please support your voters by upholding Measure PP and recommending to the Council Option#1, the environmentally preferred plan as proposed by the developer. Thank you, Greg O'Connor