1. Norberg Property 86 South La Senda – Back Yard Improvements Norberg top of bluff Staff top of bluff Vine covered fence Photograph from Mark Johnsson Memorandum dated 22 March 2012 Johnsson note in Red. Stacey notes In blue.

3. Under the LCP, a Bluff Edge can be Formed by Retained Fill where a geologic or soils report shows that stability is assured by the fill. The staff Report claims that a bluff edge cannot include fill and that the following language from the certified LCP requires that only the “natural bluff edge” can be determined from the geologic and soils report: “In those cases where irregularities, erosion intrusions, structures or bluff stabilizing devices exist on a subject property so that a reliable determination of the bluff edge cannot be made by visual or topographic evidence, the Director shall determine the location of the bluff edge after evaluation of a geologic and soil report.” Municipal Code 30.04 This is not true for three reasons: – 1. The definition of “BLUFF” in the certified LCP requires that fill and excavation be considered as a part of a bluff. “ BLUFF, shall mean a scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding, filling, or excavation of the land mass. The bluff may be simple planar or curved surface or it may be steplike in section.” Municipal Code 30.04 – 2. The words “natural bluff edge” are never used in the definition of “bluff edge”. – 3. A geologic or soils report could place a bluff edge differently than the location of a fill or a retaining wall if the fill or retaining wall did not contribute to stability or an engineer could not reliably determine what the value of the contribution of the fill or retaining wall to stability might be.