August 26, 2025
To: Palo Alto Planning and Transportation Commission
Re: August 27, 2025 Palo Alto PTC Agenda Item 3, Stream Corridor Protection Ordinance
Dear Palo Alto Planning and Transportation Commissioners,
Thank you for your review of the draft Stream Corridor Protection Ordinance. As you consider your recommendation to Council, we urge you to strengthen the ordinance to ensure it truly fulfills Palo Alto’s Comprehensive Plan commitments, aligns with Valley Water guidance, and anticipates climate and future development pressures on our waterways.
Recommendation 1. Please include 2030 Comprehensive Plan Program N3.3.3 to the current draft ordinance, restricting the development of recreational trails to one side of natural riparian corridors.
Page 24 of the Streamside Corridor Protection draft ordinance refers to the proposed changes being consistent with the Palo Alto 2030 Comprehensive Plan by recommending 30' setbacks in the urban areas and 150' setbacks in the rural areas. This is correct. However, Policy N-3.3 of the Comprehensive Plan contains several programs, including Program N3.3.3, which is NOT included in the draft ordinance. Program N3.3.3 includes the following language.
"For all creeks, update the Stream Corridor Protection Ordinance to minimize impacts on wildlife by: Limiting the development of recreational trails to one side of natural riparian corridors.”
Note: Program N3.3.3 is fully supported by Valley Water’s Guidelines and Standards for Land Use Near Streams, a A Manual of Tools, Standards, and Procedures to Protect Streams and Streamside Resources in Santa Clara County1. The City of Palo Alto is one of many that signed onto this document2.
Recommendation 2. Please include 2030 Comprehensive Plan Program N3.3.1 to the current draft ordinance, preventing the siting of impervious structures within the setback area.
The draft currently allows up to 25% of the setback area or 2,500 square feet, whichever is less, to be paved with impermeable material. This standard is excessive and undermines creek protection goals and is inconsistent with Palo Alto 2030 Comprehensive Plan Policy N-3.3, Program N3.3.1 which states,
“Update the Stream Corridor Protection Ordinance to explore 150 feet as the desired stream setback along natural creeks in open space and rural areas west of Foothill Expressway. This 150-foot setback would prohibit the siting of buildings and other structures, impervious surfaces, outdoor activity areas and ornamental landscaped areas within 150 feet of the top of a creek bank.”
Recommendation 3. Provide more information on what and how many parcels less than 20,000 square feet in rural areas will be allowed to use a 30 foot setback.
The draft ordinance recommends allowing smaller lots, less than 20,000 square feet, that are in the rural areas to use the urban streamside setback of 30 feet rather than the rural setback of 150 feet. This is expressed in the draft ordinance in Table 1: Streamside Setback. While this may be reasonable, there is no discussion of how many parcels this would affect, and the staff report does not provide a map to understand where these are and in what configuration. This is especially important as our urban landscape is encouraging taller buildings that could, in the future, shade or block wildlife linkages near streams.
Please provide more information on these parcels so that decision makers can understand the impacts. Could parcels less than 20,000 square feet in rural areas instead use the procedures in draft ordinance section (h) Exceptions? Could property owners subdivide parcels in the future in order to receive the benefits that are allowed for smaller parcels, such as a narrower setback?
By making these recommendations, the Commission can ensure that the Council’s final ordinance reflects Palo Alto’s adopted policies, scientific best practices, and long-term resilience.
Sincerely,
Matthew Dodder
Executive Director
Santa Clara Valley Bird Alliance
Dashiell Leeds
Conservation Coordinator
Sierra Club Loma Prieta Chapter
1 Chapter 4, Design Guides, Design Guide 16, Guidance for Trail Design, General Guidelines for Siting of Trails Next to Streams/Stream Crossings