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Chair Pentin agreed but noted that it is something man -made. <br />Commissioner Pearce concurred. <br />Commissioner O'Connor added that in a general sense, it would then not be a problem <br />if someone wants to have horses. <br />3. Does the Planning Commission concur with allowing these man -made <br />slopes that exceed a 25- percent grade to be developed, or should these <br />areas be excluded from development? <br />Commissioner Blank stated that he thinks they should be excluded from development <br />primarily because Measure PP does not state "25- percent grade except man -made <br />slopes." He indicated that he is kind of torn without getting into an interpretation of <br />Measure PP, since he was not the author of the Measure, and without trying to figure <br />out what all the voters were thinking of. He noted that the slope was man -made <br />30 years ago and has now become part of the landscape. <br />Commissioner Pearce questioned what the intent was. <br />Commissioner O'Connor commented that things may get worse if they are put it back to <br />their original state as how would anyone know what the original was. He added that in <br />general and not only for this property. the Commission would find itself trying to second <br />guess whether something was really man -made or not, and Measure PP does not give <br />it as an exception. <br />Commissioner Blank stated that is why he is leaning toward leaving it alone if it is over <br />25 percent and if it is okay if it is less than 25 percent, no matter how it got there. <br />Commissioner O'Connor agreed. <br />Commissioner Pearce stated that she was not sure. <br />Chair Pentin stated that if it is man -made, civil engineers who look at these cuts would <br />be able to determine what has been moved and what has been created versus what <br />was there or what should have been there. He added that he believes the Commission <br />was right in determining that the slope on the Hana Japan site was man -made; <br />however, he indicated that he feels it is problematic to give one answer to one and a <br />different answer now to another. <br />Commissioner O'Connor noted that the Commission made it very clear that it was not <br />setting a precedent when that issue came up with Hana Japan. <br />PLANNING COMMISSION MINUTES, March 14, 2012 Page 28 of 35 <br />