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AgdaPkt 2012-07-09
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AgdaPkt 2012-07-09
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Last modified
7/10/2012 9:27:35 AM
Creation date
7/5/2012 4:54:48 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
7/9/2012
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8.A. - Page 229 <br /> retained or praperly maintained?The response is quiet on these issues,and non- <br /> resgonsive to the original comments. <br /> Response J-15 <br /> The FEIR appears ta canclude that as long as conditions af the stormwater <br /> ordinance are met, including findings to grant exceptions ta the creek setback,that <br /> construction of four large hames in close proximity to the creek wil� nat significantly <br /> impact the creek environment. Cordilleras Creek is a protected watercourse,with <br /> intent to preserve and restare creek conditions and riparian habitat. The point of <br /> our comment was to n�te that, as opposed to initial conditions,the only available <br /> private open-space available to creekside residents is largely contained within the <br /> 25'setback and as a result,there will be significantZy intensified l�uman use of the <br /> site, compared with initial conditions. It is not a matter of the number of residents <br /> present,but what portions of the property are available for what use and what <br /> activities are iikely to accur there.The t�uestion of how this change of use directly <br /> adjacent to the stream bank may affect riparian protection,hank integrity,wildlife <br /> corridors, environmental connectivity,and the natural functioning of the creek is <br /> nat addressed by the DEIR or the responses to comments. Referring to biology <br /> reports that discuss only initia� canditions, and then suggesting that those reports <br /> canstitute substantial evidence that the project will have no effect on creek <br /> canditions is not a responsive argument. <br /> Response j-16 <br /> The response to our comment regarding grading adjacent to the creek bank implies <br /> that the Stormwa#er Ordinance allows grading of the creek bank to alter the natural <br /> drainage pattern there.The response correctly notes that the Ordinance does allow <br /> grading to pccur for"normal maintenance of vegetation and protective restoration <br /> or maintenance to prevent fTooding,reduce siltation,or otherwise provide for the <br /> pubIic health or safery."Nowhere in the ordinance,however,does it state that <br /> grading is permitted to alter the drainage pattern adjacent to the creek.Yet the DEIR <br /> explicitly states that grading will be done to direct flow away from the creek. The <br /> response goes on to say that all runoff from pervious surfaces wil7 be directed <br /> toward the creek and all flow from impervious surfaces will he directed away from <br /> the creek How is this dor�e without grading within the setback? In addition,the <br /> drainage map,from what can be determined in the included Figure 1.0-5,shows that <br /> nearly all of the rear yards of Lots 1-4 drain toward the creek.What will occur if <br /> residents construct structures and impervious surfaces between their residences <br /> and the 15' eage of the nv build zone,which,accarding to the DEIR,will be aIlowed <br /> for in this project? [f this occurs, runoff wil�flaw into the creek and wiZl nnt be <br /> "filtiered over a minimum of twenty-five [25] feet of vegetation or through other <br /> equivalent means",as required by the ardinance-because there is not 25'available <br /> for fil�ratian. �n the face,the grading plan shawn in Figure 1.0-5 and the allowed <br /> provision for construction within 15'of the top of bank(post-development, <br /> presumably) directly violates the Stormwater Ordinance designed to pratect the <br /> creek environment,and which the FEIR claims is bezng complied with. <br />
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