Building near the coast or a creek in Los Altos, California
Los Altos regulates building near creeks rather than a coastline. Any structure, fence or major earthmoving in a creek or its protection setback needs a written permit first. Along Adobe Creek, parcels subdivided after Aug. 13, 1985 have a 40-ft setback from the top of the bank (80 ft on lots over 3 acres) where construction and vegetation removal need planning department permission.
| Work needing a written permit | Structures, major earthmoving or fences in a creek setback; any structure in a watercourse [2] |
| Adobe Creek setback (lots 3 acres or less) | 40 ft from top of bank, or the water district easement or 100-year floodplain if greater [4] |
| Adobe Creek setback (larger lots) | 80 ft from top of bank (or easement/floodplain if greater) [4] |
| Inside the Adobe Creek setback | No structures, grading, paving, fences or pools without planning department permission [5] |
| Vegetation within 15 ft of bank | No removal (except poison oak without herbicides, or as fire dept. requires) [7] |
| Existing structures | Those existing July 24, 1986 are lawful nonconforming [6] |
Creeks, not coastline
Los Altos's code we reviewed has no coastal-zone provisions; its "near the water" rules protect creeks under the Watercourse Protection Regulations (Chapter 6.32). The city's floodplain management chapter (Chapter 12.40) couldn't be retrieved, so flood-zone construction rules aren't covered here.
Permits along any creek
On any property a watercourse runs through, you need a written permit first to discharge or pipe into the creek, change its flow, place or remove material on its banks, or build, alter or remove any structure in it [1][3]. A permit is also required for permanent structures, major earthmoving or fences within a creek protection setback [2].
Adobe Creek setback
Parcels along Adobe Creek from Shoup Park to O'Keefe Lane that were subdivided after Aug. 13, 1985 have a setback of 40 ft from the top of the bank (80 ft on lots over 3 acres), or the Santa Clara Valley Water District easement or the 100-year floodplain if either is greater [4]. Within the creek and that setback, no structures, grading, paving, fences, pools or other construction, dumping, pesticides or vegetation removal are allowed without planning department permission. Pathways, utilities, bridges and flood-control work are excepted [5]. Construction there also goes to the Architecture and Site Control Committee, and structures existing on July 24, 1986 are lawful nonconforming structures [6].
Trees and vegetation
Owners must keep creeks clear of debris but can't remove healthy bank vegetation beyond what maintenance needs [9]. On Adobe Creek lots of 3 acres or less, no vegetation may be removed within 15 ft of the top of bank [7]. From 15 to 40 ft, small trees (under 12 in circumference) and up to half of shrubs may be thinned by right [8].
Exceptions
Owners can apply to the planning department for an exception to the general watercourse rules (Sections 6.32.020 and 6.32.030), using use-permit fees and procedures, with findings referred to the Parks and Recreation Commission [10]. Work in the Adobe Creek setback instead needs planning department permission and design review, as described above.
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Next steps
- Find out whether a creek crosses or borders your lot and whether your parcel is in the Adobe Creek setback area (ask the city engineer to locate the top of bank).
- Before building, grading, fencing or clearing near a creek, apply to the Planning Division for a watercourse permit or Architecture and Site Control review.
- Ask the Building Division about FEMA flood-zone requirements under the city's floodplain chapter, and check with Valley Water about district easements.
Common questions
- Are there rules for building near a creek in Los Altos, California?
- Yes. Los Altos regulates building near creeks rather than a coastline. Any structure, fence or major earthmoving in a creek or its protection setback needs a written permit first.
- What is the Adobe Creek setback in Los Altos, California?
- Parcels subdivided after Aug. 13, 1985 have a 40-ft setback from the top of the bank, or 80 ft on lots over 3 acres. Construction and vegetation removal there need planning department permission.
- Can I remove vegetation along a creek in Los Altos, California?
- Not within 15 ft of the bank, except poison oak without herbicides or as the fire department requires.
California rules for building near the coast and creeks
California has no statewide shoreland setback. Near water, two state laws matter most.
The coastal zone (Coastal Act, Pub. Res. Code §30000 et seq.):
- Almost any development in the coastal zone needs a coastal development permit (CDP) (§30600). "Development" is broad: buildings, additions, grading, lot splits, removing major vegetation, and changes in intensity of use (§30106).
- The zone generally runs about 1,000 yards inland from mean high tide (up to 5 miles in some habitat areas, less in some cities). San Francisco Bay is excluded; BCDC regulates it (§30103).
- Where a city or county has a Local Coastal Program (LCP) certified by the Coastal Commission, it issues the CDP (§30519). Otherwise the Commission does.
- Local approvals can be appealed to the Coastal Commission for projects between the sea and the first public road, within 300 ft of a beach or the mean high tide line, within 100 ft of a wetland, estuary or stream, or within 300 ft of a coastal bluff (§30603).
- Some improvements to existing homes and repairs are exempt (§30610), with exceptions set by regulation.
Creeks, streams and lakes statewide: you must notify the Department of Fish and Wildlife before work that diverts or blocks a stream, changes its bed, channel or bank, or puts material into it (Fish & Game Code §1602), even for streams that are dry part of the year. CDFW may require a Lake or Streambed Alteration Agreement.
Cities and counties often add their own creek setbacks or riparian buffers.
What the ordinance says
- Sec. 6.32.030(B) Acts requiring permit, Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the appropriate agency or department.
- Sec. 6.32.030(B)(3), Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
Carry out development of permanent structures, major earthmoving or construction of fences within a setback designated in whole or in part to protect a watercourse;
- Sec. 6.32.030(B)(5), Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or
- Sec. 6.32.040 Setbacks along Adobe Creek, Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
Every parcel adjacent to Adobe Creek from Shoup Park to O'Keefe Lane, and subdivided after August 13, 1985, shall be subject to a setback of (A) forty (40) feet, if three acres in size or less, or eighty (80) feet, if larger, from the top of the nearest bank thereof; or (B) the distance of any easement owned or controlled by the Santa Clara Valley Water District, or (C) the 100-year flood plain, whichever is greater, (A), (B), or (C).
- Sec. 6.32.050(A) Permitted and prohibited activities, Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
No structure, grading, paved area, fence, water-containing facility, disturbance of subsoil, or any other manmade construction, nor any dumping, use of herbicides or pesticides, or removal of vegetation, except by permission from the planning department, shall be permitted within Adobe Creek and the setback required by this chapter, except pathways, access roads, utilities, bridges, and fire and flood control measures.
- Sec. 6.32.050(A), Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
All construction within Adobe Creek and the setbacks shall be subject to review by the architecture and site control committee as provided in Chapter 14.76 of Title 14. Structures existing on July 24, 1986, shall be deemed lawful nonconforming structures (see Sections 14.66.050 through 14.66.070).
- Sec. 6.32.050(B)(1), Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
On parcels three acres or less in size within the area fifteen (15) feet from the top of the bank (refer to Area 1 on Exhibit B attached to Ordinance No. 86-155, on file in the office of the city clerk), no vegetation may be removed, except poison oak provided no herbicides are used, and as required by the fire department.
- Sec. 6.32.050(B)(2)(a), Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
The removal of riparian and indigenous vegetation, including redwoods, shall be allowed by right for trees less than twelve (12) inches in circumference measured four and one-half feet from the ground, and up to fifty (50) percent of shrubs and lesser vegetation, for the purpose of thinning or fire control;
- Sec. 6.32.030(A) Watercourse protection requirements, Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
- Sec. 6.32.060 Exceptions, Municipal Code Chapter 6.32 - Watercourse Protection Regulations, p. 1
Any owner or his representative may seek an exception to any provision of Sections 6.32.020 or 6.32.030 of this chapter by filing an application with the planning department, and shall otherwise comply with and be subject to the fees and procedures for a use permit as provided in Chapter 14.80, except that the standards for granting or denying an application and findings which shall be made shall be the following: