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Commissioner Posson asked if the Commission is saying that if there is a cut in the hillside, then to determine the ridgeline, the original contour should be considered. Commissioners Pearce and Olson said yes. Chair Blank stated that historical photographs would be referenced. Commissioner Pearce continued that with reference to streets and roads to landlocked properties, it was ascertained that the only property affected was the Foley Ranch, which cannot hold more than ten units, and therefore, is not subject to Measure PP. ' 5. Delete the exemption to streets and roads that are part of a Specific Plan approved prior to November 2008. Chair Blank stated that what struck him about this ordinance is the relevance of the Commission spending so much time discussing whether a road is a structure. He indicated that he is not sure it matters because the third sentence in the ordinance says, "No grading to construct residential or commercial structures shall occur on hillside slopes 25 percent or greater or within 100 vertical feet of the ridgeline." He stated that he does not think anybody would build a road to nowhere; somebody would build a road to get to a commercial structure or residential structure. Commissioner Pearce commented that the road could be on a 25-percent slope but the structures are not. Chair Blank replied that it would have to be graded, and the Measure says "No grading to construct residential or commercial structures shall occur..."; it does not say there would be no grading for the construction of those residential structures. Commissioner Pearce stated that she was thinking about the Bypass Road as an example of something that could apply. Commissioner Narum agreed. Chair Blank stated that he had not thought about the Bypass Road in this context, but it is correct. He noted that this is one of the challenges of direct democracy. He commented that when the Commission first sat up here for the multiple meetings on this issue, everyone was thinking about previous Specific Plans and previous PUDs which were all before the date in 2008 and thought they were all fine, and he was surprised to find out that they were not fine. Commissioner Olson commented that it is interesting that Chair Blank would mention that because that was where he was going too. He indicated that his sense is that it does not matter whether a road is a structure or whether or not it is a structure or an infrastructure. He noted that the simple part of this is there will be no development at all within that 100 feet nor on a 25-percent slope, or some would argue that 15 percent is PLANNING COMMISSION MINUTES, March 13, 2013 Page 27 of 35