AgdaPkt 2015-09-21 Joint Special SAF PAF

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Zoning Ordinance leaves it up to the Engineering and Construction Division to decide where to delineate the "top of banks", with due consideration of the adjacent slope and "the extent of riparian vegetation". The Redwood City Zoning Ordinance defines "riparian vegetation" as "[v]egetation that is next to, or affected by, water sources such as rivers, creeks, lakes, springs or other natural watercourses." There is dispute among the experts. A major part of the problem is that the standard/definition of "top of bank" as set forth in the Redwood City Zoning Ordinance is NOT being applied by Respondent's own employees and the independent consultants. Rather, the focus seems to be upon the 100 -year flood elevations — which may or may not be scientifically and logically appropriate, but employees and consultants are not de facto entitled to ignore the law and make up their own. On behalf of Real Parties in Interest, MacLeod and Associates show a determination of "top of bank" of Cordilleras Creek, on civil engineering drawings submitted to Respondent, entitled "Cross Sections of Cordilleras Creek" dated May 17, 2007. (1 AR 1791, 1792.) The drawing includes a line designated as "top of bank", with cross - sections along the Creek for this Project. No information is given as to how MacLeod determined what constituted the "top of bank ". Using "assumed datum" as to land elevations, and a FEMA map of the "100 -year flood surface water elections", -the drawings show (i) the slopes of the Creek bed and sides, (ii) MacLeod's delineated "top of bank" and (iii) the 100 -year flood elevation. Yet, there is no consistent system of determining "top of bank" reflected in the MacLeod drawings. Sometimes the "top of bank" is above the 100 -year flood zone, sometimes it is not. Sometimes the "top of bank" is at the crest of the Creek bank slope where the land flattens off, sometimes not. Sometimes it has nothing to do with the 19 8.B. - Page 78