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8.A. - Page 334 lack of p��Strian access, he added paye�s in�he raadway and convertea ttre road to a one�way design. In ()ctober,2009, tl�e City Coeir�cil oon�vi.uced him to raise the pavers up 3"to make it look mare like a sidewalk. lfiat's the extent of changes to the roadway design. ReIate� to this issue is the creek. Those of yau who were on#]xe Comrnission in 2009 will remember, and the rest of you may be awaze, that the deveioper and th�City wagec�war fpr nearly 4 years over where the top o#' the creek banlc {TQB)was located. �n his ori�inal proposal, the Ves�img Tenta.tive Map sho�red the TOB coincidezrt with the location af the top of a 1-2' high retaining wall that occurs Zaeal�y atnng the edge of tlae stream chaz�nel bottom—a fu�18' ar more be�aw#he su�raunding land. Witl�the baz�c top at this locatian, Mz, McGowan was able to argcie t�,at he was ix1 cnrnpliance with the Creek 5etbaak Ordinance. It�sa gave hi� �nore net lot area(re, building site area). It took two years before Mr. McCrowan agrced to mo�ve the top of bank up the ahannel wall. This occwred w�en the City agreed he could qualafy for a Use Permit to exempt him froz� t�e setbac�c. Tbe2-e stitl was a problem,however. At the nort�tern�nd af the site,the stream channe!mazgin ehang�s from a very steeply sloped wa11 tQ one that is a bit gent�er. We've argved that this chaxage is the result af a soi�slump that occurred ox�the bank sc�me tirne aga. Others have argued a di:F�'erent origin,but no matter. Th�slope characteristic noticeably chauges in th�s area. Then City Engin�e�-Jon Lynch, w�Q was the ultinzate arbiter at the tims on this rnatter, c�e�termined that the top of b�nk adjacen.t ta�ots 3 and 4 should be placec� at similar eleva�ion to the more alearly defined#op of bank faxther saut[�, and keep the Iine at 1' above the 100-year flood sur�aee, wlaach is shawn on�he F�MA maps to be contair�ed vv�thin the ehannel itsel£ One could azgue other ways to define the Iine, but Mr. Lynch's determi�aation was object�ve a.nd jusfifiab�e, He had a co�€sultant confir��Zis deterrnination as a reasonable one. Mr.MoGnwan aaad his engineer,Dan McCleod,however,prvposed the top of banlc should occur fart]�er dau�a t}ze slope adjacent to lots 3 and 4—on th,e arder of I 0' or more, in map view,cIaser to the center of t�e creek. There were no speci�c criteria identified for why t�e lin�e shouId be where it was pIaced,but M�r, McGowan hired his vwn�onsultant to �f�irm that HIS linis was a reasonable piace to loeate the tpp af bank. Tlais battle la.sted for nearly another 2 years unti� Jan Lynch retized in the Fall of 20�8. In Uecembex,20U8, then Carnmunity Deve�opment Dixector Chu Chang issued a letter acceptirxg tizo applicant's top-of-banlr�oca�.on "for use in determining the 25-foot setback re�uiremenC nnder Redwood City Zaning Ordinance Section 32,12." Mr. McGowan wins this battle. Hawever,Mr. Chang said something else: "For other purpases, such as desigrr vf a fload cnntrol channel, or evaduatarrg the stability of the bank redative to siting a bu8lding, a more car�servative interpretation is apprapriate. For such purposes, I accept the City Engirreer's TOB locatian. " In other words,the applicant's TQB applies ONLY to determining the requir�d setback line far the stormwatear ordinance. O�r question is, is this an appropriate line for establishing t�e baundary o�ih�creek channel foar aetermination vf building sire area7 At�aohead are twa f�gures c�eriv�d from the 3D model we k�ad constructed of�,e site. These sl�ow perspective vaiews of the bat�c. Solid lines are the i-ft contour lines from the cuzrent Vestiang Te�.tativ�Map. Maaels of the creekside homes,and people are addea fpr scaIe. The red I�ne ctas�ly approxirnates txie appIicant's T4B location. The blue line is Jon Lyzach's TpB (as best as can be transcribed fram nates in the record). You can ses pretty cleaxly tI1at at the departure poin#, tlie applicant°s TOB c�ps in elevatian nearly 3 ft to sicirt around the"slump'°�d then rises again ar�d �.grees more clasely with Mr. Lynch's line at the property bounda�y. As we've shown b�fore,this�ine Ires within the char�,e1 belaw the 1�0-year flood surFaee, Mr. z