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basically removing part of their land from the opportunity to even be reviewed for development. Chair Blank stated that it is only if manufactured slopes are included; but if manufactured slopes are excluded, then in effect they could do that without any consequences. Mr. Dolan explained that right now, the way the ordinance is written as directed by Council, they are excluded and they have to prove that they are meeting the general intent. He noted that nothing about the purposes of Measure PP is lost if an exception was granted. Mr. Dolan continued that this would occur as a conversation point in the development review process: the application would come through, and wherever there was a need for an exception, this would be identified as one of the discussion points. He added that if an exception is needed, it would be considered in the staff report, evaluated, all of the environmental done in advance of that, and ready for the consideration of the Commission and the Council. Commissioner Pearce stated that she assumes, when an application requesting an exception comes through, that the Commission would get not just the picture but the topographic map to demonstrate that the slope was originally less than 25 percent. Mr. Dolan said yes. He explained that there would be a slope map of the whole site, probably a few pictures, and staff might even take the Commission out there to look at the site. Commissioner O'Connor referred to Mr. Dolan's statement that if someone wanted to do this grading today, staff would probably want to look at it to make sure it is stable. He noted that when cutting, other than the steepness of the sides, stability is not as critical an issue as wanting to fill such a large cavern after the fact for stability of that fill if they are going to develop and build on top of it. Mr. Dolan replied that for a significant subdivision being built on flat land, the elevation that at the end is generally not the same as what it was at the start as there are all kinds of things such as some minor grading pushing things around. He indicated that if this area were allowed to be developed, it would not necessarily have a home sitting right across where a tunnel used to be. He added that there might be some fill on one side, a cut on another, and a bunch of infrastructure in there; it would all be engineered so there would be no issue with filling that up. Commissioner O'Connor agreed but noted that there have been some engineered sites, especially in hills where things have moved, so this would be just another level of risk. Mr. Dolan stated that was right; however, every neighborhood in the hills now has had some sort of engineered grading and filling on it as part of the process of development. PLANNING COMMISSION MINUTES, January 23, 2013 Page 8 of 44