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seemed to be graded approximately 15 percent, and there are many areas in the City that have higher grades for EVAs. The concern addressed the geometrics of the slopes and grades and how they may or may not impact the Type 1 vehicle that must traverse that particular road. She noted that whether or not the grades may be reduced somewhat would be a function of engineering in terms of cut-and-fill that would provide the best design solution. Eric Carlson, Fire Marshall, noted that the Fire Department took that issue into consideration when they surveyed the site. He noted that the existing roadway and EVA could be placed on-grade with minor modifications because the runs were relatively short for the distance that exceeded the 15-percent grade; they believed that it could be mitigated through engineering. In response to an inquiry by Chairperson Fox regarding the maximum grade allowable Bill Cody, Fire Chief, noted the maximum grade was 15 percent by State code, and the actual number was 12 percent based on the Fire Code. He noted that historically, they had been able to operate at 15 percent, and under certain circumstances, greater grades existed in some projects. He noted that their vehicles could reasonably traverse that kind of landscape for short intervals. In response to an inquiry by Commissioner O’Connor regarding the minimum width of the EVA, Chief Cody replied that the minimum was 20 feet clear. In response to an inquiry by Chairperson Fox regarding the current EVA width, Ms. Decker replied that there was a distance from Grey Eagle Court of approximately 130 feet, 30 feet beyond the existing pipe gate at the site; it was approximately 17 feet from curb to curb. When discussing this reduced width and the concerns of the Grey Eagle Estates neighborhood, the neighborhood was concerned that the City or the applicant would be required to remove all of the improvements, fencing features, and mature landscaping. Chief Cody and Mr. Carlson looked at that situation and determined that for that short distance, it would be acceptable to keep that EVA portion as is since there is room available as a staging area at Grey Eagle Court. However, beyond that point, the EVA would be widened to the required 20 feet clear. In response to an inquiry by Chairperson Fox regarding hikers in the area who may not be aware of the CC&Rs regarding egress through the development, Mr. Roush replied that there would be a gate and fencing that would act as a visual barrier. He noted, however, that it would be likely that people would use that egress route in a fire and if it seemed to be the only way out, even if they were unaware that they were not supposed to use it. The City believes it is reasonable that it can mitigate the concerns of the HOA and individual property owners by having the City indemnifying them in the unlikely event that someone may be injured on the Grey Eagle Estates property as a result of egressing the project site. The City would then seek indemnification from the Oak Grove HOA, and those provisions were written into the development agreement. PLANNING COMMISSION MINUTES June 13, 2007 Page 10 of 29