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Commissioner O'Connor inquired if there were a total of 13 lots, and Ms. Decker replied that staff is unaware of any existing lots that still have the original slope banks. She noted that the slope bank no longer exists on both adjacent sides in the neighborhood; they have been terraced as well, up from the existing drainage easement area with retaining walls of two to three feet in height. She added that grading has taken place in the neighborhood, yards have been graded relating to pool excavations, and as reflected in the scope of this Tract map, material has been removed and off-hauled from existing sites. Chair Blank noted that it would be difficult to make a comparison of the lots, but there are details about this particular property. He stated that one property could have been terraced one foot or two feet or 20 feet, whereas this one is graded four to six feet, and other properties may have been leveled off. He indicated that it would be difficult to determine the degree of the leveling short of going out and surveying the properties. Ms. Decker agreed and stated that the properties adjacent to this site were graded with retaining walls of two and three feet to retain the material that step down. Commissioner Fox noted that based on Exhibit A of the staff report, it appears that there is just a small fill next to the retaining wall. She added that the massive amount of dirt excavated from the pool looks far more different than what appears on Exhibit A. She inquired how staff could tell that the four-foot high retaining wall is not actually put on two feet of fill in order to make the change six feet. She further asked if staff knew the existing grade as it should be to determine whether or not this was completely not representative of what actually happened. Ms. Decker stated that the retaining wall has been constructed on the existing grade. She noted that there was a slope from the drainage easement, as shown on Exhibit A, and up the fence from the concrete edge of the drainage area; then there is the four-foot tall retaining well. She indicated that the existing land slopes up and that this is actually close to the original grade. She stated that the applicant dug down to the existing grade, and the fill material is from over-excavation of the pool. She noted that the material shown from the grading and excavation of the pool has actually been off- hauled, and the sliver that was actually placed within the four-foot tall retaining wall is not the amount of material seen in the photograph of the mound of the over-excavation. She noted that the pool is deep; the amount of material is greater than what is shown on the photograph and was actually placed behind the retaining wall. She reiterated that the wall was placed on original grade and was four feet high. Commissioner Fox noted that application plans for re-grading are normally drawn by an engineer or a landscape architect, but the plans for this project are hand-written. She indicated that the Commission has seen plans prepared by engineers for pools as well as structures on unstable slopes along Foothill Road. She stated that she was surprised staff allowed the applicant to submit ahand-drawn diagram and not one prepared by an engineer. EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 7 of 25