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Concern 3. The southernmost area mapped as man-made slope was likely to have been previously graded to create a flat area for the barns and corrals, but the former natural slope exceeded 25 percent and therefore this area is prohibited from development. Response. Mr. Roberts acknowledges that the current topography around the barn and corral area was likely the result of grading of the natural slope to create a flat pad for these uses. However, he does not believe that the exhibits produced by RJA Engineers demonstrating how the slope could have been less than 25 percent before the grading occurred are accurate for reasons relating to 1) the location of a very mature oak (tree 300-See Attachment 4) near the base of the current cut, indicating that this area would have been at the current elevation for the life of the tree; and 2) the amount of grading that would have had to occur with early 1900's equipment, for the RJA scenario to have been possible. Attachment 13 of the October 20, 2015, City Council Agenda Report presents RJA's scenario for a natural slope in this area that was below 25 percent. Mr. Roberts suggests that Section A provided in this exhibit is not realistic due to the amount of earth that would have needed to be moved to reflect this scenario. Mr. Roberts also suggests that Section B is not realistic because it assumes that the existing slope has been created by a combination of cut at the bottom of the slope and a narrow band of fill at the top of the slope. He doesn't believe that there would have any reason to place fill at the top of the slope. Staff acknowledges that both of these issues bring the RJA scenario into question, but also suggests that the exact percent of the natural slope in this area before it was graded is not knowable with the information available to us at this point in time. Staff also points out that these lots could be eliminated from the project and the area left with its current graded topography. However, this topography is not natural, picturesque, or of high natural resource value. It is also susceptible to future erosion. Eliminating development of lots 36-38 and requiring them to be left in their existing condition would allow for preservation of at least two mature oak trees including the mature oak described above (Tree 300). Staff recommendation: Staff recommends that the City Council consider the following options: 1) Conclude that the slope in the area in question in its natural state was always 25 percent or steeper and require that 6 lots (34 through 39) be removed from the project and the area left in its current graded condition. 2) Conclude that a portion of the area in question in its natural slope was greater than 25 percent and require that half of the lots in this area ( e.g. lots 36-38) be eliminated from the project and the area left in its current graded condition. 3) Conclude that the application of the slope restrictions from Measure PP in this low lying portion of the site are not consistent with the purposes of Measure PP or serve any public purpose and allow the lots in question to remain. Page 3 of 4