By Linda Taaffe

A Los Altos ordinance intended to protect local creeks won’t be added to city lawbooks anytime soon. The Los Altos City Council last week sunk a plan that would have created tougher development regulations on residential creekside properties until city officials are convinced that existing state and county laws don’t already cover such issues.

The council directed the Environmental Committee to determine whether any problems exist regarding creekside developments that would require the city to pass an ordinance; and if so, to come back to the council for a study session.

The Santa Clara Valley Water District’s jurisdiction currently extends 50 feet from the top of each creek bank, which means the district has control over structures or improvements and grading or landscaping changes in those areas. State law requires environmental review of subdivisions that the city uses to consider a subdivision’s effects on the riparian habitat and require a creek protection setback to preserve the area if necessary.

“We need to understand if there is a problem. We won’t help by piling more laws on state and county regulations. This is not the right way to deal with this problem. It complicates life for everyone,” Councilman Lou Becker said. “Until we’re convinced there’s a matter, let’s take the ordinance off the table.”

The planning commission last month postponed a decision on the Creekside Protection Ordinance after residents crammed a public hearing to protest the proposed law. The creekside ordinance would have increased building setbacks and created easements along the riverbanks on new subdivisions.

Under the ordinance, the city would measure the 25-foot property setback from the top of the creek bank rather than the property line, which is typically designated as the middle of a creek. This would allow the riparian habitat to flourish, according to a staff report.

On subdivided properties, the law would have put in place a creek protection easement, established by a site-specific study of the creekside area. Residents would no longer be able to build any accessory structures, such as swimming pools, gazebos and terraces, in the setback area.

The law would have rendered some existing homes as nonconforming structures.

It also would have made property owners responsible for obtaining an engineer to determine the top of the creek bank on subdivided properties.

“The intent was preservation so we could keep the creek natural,” Councilwoman Kris Casto said. “The issue wasn’t to take anyone’s right to build away.”

Four creeks run through Los Altos: Adobe, Hale, Permanente and Stevens.