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Commissioner Narum stated that she tends to agree with Commissioner O'Connor and one of the other speakers that starting with exceptions is going down a slippery path, but at the same time, there was no doubt in her mind that that was the kind of thing the voters were trying to protect. She noted that Ms. Ayala even basically agreed with that in that particular case after seeing it. She indicating that she is merely suggesting it as a way to get away from the exceptions and going the other way; that building on these kinds of things is allowed as long as it can be determined that prior to the cut it was less than 25 percent. Chair Blank clarified that what Commissioner Narum is saying is that if the cut created 25 percent in grade and the cut could be filled for example and restored back to its natural condition and the slope was two percent % or something, it seems reasonable. Commissioners Olson and Pearce agreed. Commissioner Pearce stated that her original inclination before the City Council went through this was that manufactured slopes would not be included at all because the intent is to protect the natural hills; not to protect what someone already changed by grading. She indicated that she thinks this is a good compromise and is comfortable with this because it allows for flexibility under very tight circumstances and with appropriate scrutiny. Commissioner Narum agreed. She added that there would be no incentive to go and grade by night to be able to build on it. Commissioners Pearce and Olson noted that all the Commissioners are mostly in agreement on this. Commissioner O'Connor questioned what the Commission would do if the owners did the opposite, it they went in and actually graded something flat to accommodate development but when put back to its natural state would be over 25- percent grade. Commissioner Narum replied that then it would not enter what she is suggesting and it would not be allowed because that would be over 25 percent. Commissioner Pearce stated that the Commissioner cannot do that, and the owners would not be able to do that. Chair Blank stated that following that last discussion, the Commission was saying that if the property is restored to its natural state and the grade is less than 25 percent, they are good to go. He continued that then, if someone were to shave off a top of a mountain and the Commission said they had to restore it to its natural state and the natural state is greater than 25 percent, then they are not good to go. Commissioner Narum noted that if it is on top of the mountain, they are not going to go either. PLANNING COMMISSION MINUTES, January 23, 2013 Page 23 of 44