The Cupertino Courier
News
Creekside permit process could shift to city if ordinance passes
By HUGH BIGGAR
Creeks in Cupertino include the paved Regnart Creek and the more scenic Stevens Creek that winds through Blackberry Farm.
Jurisdiction over those creeks and their banks has been the responsibility of the Santa Clara Valley Water District since 1959.
This authority could change if the water district's board approves a revised watershed ordinance in June. The water district initiated the change in the ordinance to make it clearer and allow for more contemporary conservation practices.
The proposed ordinance has taken two years to draft, a process spearheaded by Ralph Qualls, Cupertino Public Works director.
Qualls and others wanted more community involvement in the revision process.
As a result, Santa Clara Valley communities, businesses and environmental groups collaborated with the water district on drafting the new ordinance.
The proposed ordinance would give the water district jurisdiction of about 50 feet from the bank of creekside properties. It would also streamline the permitting process.
Under the proposed ordinance, cities could take over the review process. Previously, any changes to creekside property had to be reviewed and approved by the water district. The water district governs water resources in Santa Clara County and includes the West Valley cities of Cupertino, Sunnyvale, Los Gatos, Campbell and Saratoga.
"Each city has the chance to adopt the ordinance; that way residents can go to their [local] city hall and get the permit, saving them a trip," said Mike di Marco, water district spokesman.
"You can find many types of creeks in the water district, from urban creeks lined with concrete to those in the mountains, so we're trying to create a common set of guidelines for them," Mala Magill, a water district program administrator, said.
The water district has developed those guidelines through its collaborative effort. It also held five public meetings in several cities for community feedback.
Not all of the feedback has been positive.
"The water district assumes we are going to do the wrong thing," said Mike Houlihan of Los Altos, who has helped represent homeowners on the issue for Families for Fair Government, a group that represents creekside homeowners. Houlihan would prefer a less regulatory role and better communication on how to best protect the creeks.
"We need to strike a balance of relieving the stress on creeks and streams and respecting the rights of property owners," he said.
The water district is now reviewing such feedback as it prepares a final draft of the creekside ordinance for the water district board.
The board will review the proposed ordinance in June.
For more information on the water resources protection ordinance, visit www.valleywater.org, or call 408.265.2600.
