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Chair Blank commented that the language of the ordinance does not specify whether it <br />is a natural hillside or an artificial hillside. He questioned whether it is really a hillside if <br />it has been graded. <br />Mr. Dolan continued that staff tried not to talk about specific pieces of property, but it is <br />impossible not to, as this is the situation occurs on Lund Ranch II, where there is this <br />slope which staff calculated to be somewhere in the vicinity of 16 percent in its natural <br />state, and the people who farmed the property at some point wanted to get from one <br />side of the property to the other, and they plowed right through it and created this lower <br />roadway, but the banks that they left are quite steep, just like what happens when a <br />freeway is built. He noted that if this is considered an unbuildable area and cannot be <br />graded, a development will be built all around it with that feature in the middle, which will <br />never be visible because the houses will be around it. He indicated that the essence of <br />the question is what has been accomplished with this relative to the purposes of <br />Measure PP. He stated that he thinks the Council's position is well measured in that <br />here is a circumstance where it does make sense, so the Council included this and <br />directed staff to create a process for an exception, which is what staff did. <br />Chair Blank noted that this looks like an extreme example and inquired if there are less <br />extreme examples. <br />Mr. Dolan replied that this is really the only one that staff knows of. He noted that staff <br />did struggle with the issue on a previous, somewhat different, application with the Hana <br />Japan restaurant. <br />Mr. Dolan then displayed a slide of a more distant view of the Lund Ranch II land which <br />demonstrates what the 16- percent natural slope used to be, with the cut going through <br />it. He added that a second aspect to this is that the slope continues down and at the <br />bottom of it is a creek. He noted that what it looks like is that they wanted to build a <br />barn down next to the creek, and so they actually scraped out a flat area at the toe of <br />this slope and formed another slope that is obviously graded to create that flat space at <br />the creek. He pointed out that the slope maps for this site shows two little slivers: one <br />is that passageway that they created, and the other is where they scraped away the toe <br />to have a flat spot for the barn. <br />Chair Blank inquired if it is a safe assumption that staff would not normally let this <br />practice continue today. He noted that thinking ahead, if other people start doing this <br />kind of activity which leaves natural slopes of greater than 25 percent, it would create <br />more of an issue there. <br />Mr. Dolan replied that this is out in the middle of a farm, and the City was not involved <br />when this happened. He continued that this level of grading would probably require a <br />grading permit, and staff would determine if the land was stable. He stated that he <br />doubted there would be any more of this in the future, especially if there is any intention <br />to develop later. He added that it would not serve the owners well as they would be <br />PLANNING COMMISSION MINUTES, January 23, 2013 Page 7 of 44 <br />