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CGF Sues Los Gatos over Ross Creek Development On February 21, 2008, the Committee for Green Foothills filed a lawsuit against the City of Los Gatos for approving a development within its 100- year flood plain. The development also encroaches on the Ross Creek stream corridor in violation of its Guidelines for Land Use Near Streams. Ross Creek runs through central Los Gatos before eventually joining the Guadalupe River. Although existing development invades the stream corridor, significant riparian habitat survives, and Ross Creek runs year-round with fish. The newly approved development is massive in terms of its impact on a less-developed portion of Ross Creek. Two problems make Los Gatos’ approval critically flawed. First, expert analysis shows that the development falls within the 100-year flood plain, placing the development at risk and threatening neighbors and wildlife with displaced floodwaters. Second, the development violates Los Gatos’ Guidelines for Land Use Near Streams that require it to protect stream habitat. The Land Use Guidelines issue is significant. Los Gatos, like other cities in Santa Clara Valley, promised to protect streamside habitat in order to eliminate a requirement to have the Santa Clara Valley Water District approve development alongside streams. By violating this promise, Los Gatos now has sole legal liability. CGF expects that its lawsuit will prevail and protect Ross Creek and we hope it encourages other cities to protect their streams and follow land use guidelines. Published Spring 2008 in Green Footnotes. Page last updated May 26, 2008. |
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