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7 <br /> <br />parking areas). The system would filter and treat storm drainage on-site, and then <br />convey the discharged water to Finger Avenue which feeds into the City’s storm drain <br />system at El Camino Real. Conveyance discharge rates and duration will match pre- <br />project rates. Staff have included a condition of approval to ensure that pavement or <br />any other impervious surfaces won’t conflict with the proposed routes of overland flow. <br /> <br />The current amended application includes encroachments within the required 25’ creek <br />protection setback area. These encroachments include portions of the proposed <br />residences located on Lots 1 – 4 with associated impervious coverage (such as steps, <br />stoops, landings, etc.) and fences. A 15’ “No Build Easement” is being proposed along <br />the rear of Lots 1-4, directly adjacent to and inland from the top of bank, which will <br />preclude any new structures1, man-made pervious and impervious surfaces from being <br />constructed within that area (except for the fencing being proposed as part of the <br />current Use Permit application). The current application proposes up to 100 square feet <br />of impervious structures/coverage, such as steps, decks, etc. for Lots 1-4 as part of this <br />Use Permit application. These would be within the 25’ creek protection setback, but not <br />within the 15’ No Build Easement. <br /> <br />Zoning Ordinance Section 32.12.F.3 allows for development of structures and additions <br />of new impervious surfaces within the 25’ creek protection setback through a Use <br />Permit. <br /> <br />Use Permit approval must be based on the required findings per Zoning Ordinance <br />Sections 32.12.F.3 (as follows) and 42.3.B (further below). <br /> <br />1. The development will not disturb riparian vegetation. <br /> <br />The proposed project entails the removal of approximately 5,573 square feet of <br />existing structures and other impervious coverage from within the 25’ creek <br />protection setback. The proposal also includes the construction of new <br />structures and impervious improvements within the setback area, but further <br />away from the creek and the top of bank. The total amount of new structures <br />and impervious coverage proposed within the 25’ creek protection setback area <br />totals approximately 1,163 square feet, for a net reduction of approximately 4,410 <br />square feet (79%) of impervious coverage near the top of bank. <br /> <br />The project as described in the certified EIR included encroachments within the <br />25’ creek protection setback area (although utilizing a different top of bank <br />location). The EIR analyzed potential environmental impacts associated with the <br />development and provided mitigation measures to minimize potential impacts, <br />and to provide enhanced landscaping along the creek where existing impervious <br />coverage will be removed and also to promote a more natural character to the <br />creek. Therefore, the development will not disturb riparian vegetation, but <br />enhance and add to the vegetation along and near the creek top of bank. <br /> <br /> <br />1 Structure: Anything constructed or erected, the use of which requires location on or in the <br />ground, or attachment to something having location on the ground, including swimming pools, but <br />excluding driveways, sidewalks, patios, or parking spaces. <br /> <br />8.B. - Page 100