REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Actions on the Zoning Code Update Related to the Adoption of the Zoning Map, Including: General Plan Amendments to Change the Residential Land Use Designations on Identified Properties to Preserve Residential Capacity, per State Law; A “Cleanup” Ordinance to Amend Title 18 (“Zoning”); and Adoption of the Zoning Map, Consistent with the City’s General Plan Land Use Diagram
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
At the January 9, 2024 City Council meeting, the Council adopted the comprehensive Zoning Code Update. The next step in the Zoning Code (Code) adoption process is to apply the new Code as zoning districts to the City’s Zoning Map. The Zoning Map is required by State law to be consistent with the City’s General Plan land use diagram. Concurrent General Plan Amendments are being proposed so the City also adheres to all relevant State laws, which require the City to maintain residential capacity and ensure that the policies of the General Plan and Zoning Ordinance are consistent. Also included is the first Zoning Code “clean-up” ordinance. As the Zoning Code update was a substantial body of work, staff will be bringing additional clean-up ordinances in the future to address clerical inconsistencies within the document or areas needing further clarification based on implementation of the new Zoning Code. The cleanup ordinance includes provisions for mobile food vendors and changes to the setbacks in single-family districts, consistent with the single-family residential design guidelines. For a complete discussion of the clean-ups made to the updated Zoning Code along with a description of the General Plan Amendments required by State law, see the May 22, 2024 report to Planning Commission, provided as Attachment 1.
DISCUSSION
May 12, 2024 Planning Commission Meeting
At the May 22, 2024 Planning Commission meeting, Planning staff gave a presentation on the Zoning Map, the General Plan Amendments associated with the Zoning Map needed to retain residential capacity, and the proposed Zoning Code clean-up.
Staff highlighted the proposed changes in the clean-up ordinance, including two changes to single-family zoning regulations: an increase in the required corner side setback from five feet to 10 feet, and the addition of second-story stepbacks, consistent with the adopted single-family residential design guidelines.
The Commission discussed the proposed increased corner side setback, and asked whether the change from five to 10 feet would create new legal nonconforming properties. Staff responded that until the adoption of the new Zoning Code (February 2024) the required corner side setback was 15 feet, and no building permits for additions or new single family houses have been issued that would utilize the five foot corner side setback that has been available with the Zoning Code Update.
The Commission then discussed the merits of second-story stepbacks, and asked staff why this requirement was being added to the Zoning Code. Staff responded that stepbacks are a part of the City’s adopted single-family residential design guidelines and that cities are being required by the state to make residential standards objective in nature.
Commissioner Huang indicated that he thought requiring stepbacks was not consistent with development patterns of single-family houses. Commissioner Huang also indicated that he was not in favor of increasing the required corner side setback from five feet to 10 feet.
Staff also noted other a few other changes to the Zoning Code, including a new section regulating mobile food vendors, and minor additions to Accessory Dwelling Unit (ADU) regulations, including limiting the height of one-story detached ADUs to 18 feet in height, and requiring second-story windows of detached ADUs to either not face an adjoining property, or to have window sill heights of more than five feet.
The Chair then opened the public hearing. There was one speaker: Nagaraj Annaiah, who owns a commercial building at 1570 Lafayette Street, just north of El Camino Real. Mr. Annaiah indicated that he was interested in starting a daycare on the site, along with the neighboring property at 1550 Lafayette, which he also owns. The property at 1570 Lafayette Street has a General Plan designation of Very Low Density Residential and will be rezoned to R1-6L as part of the adoption of the Zoning Map to make the zoning district conform with the General Plan designation. The owner expressed an interest in having his property rezoned to MU-CC, Community Mixed Use, consistent with the adjoining property at 1550 Lafayette Street.
The Commission asked staff about the possibility of rezoning the property to MU-CC, Commercial Mixed Use. Staff indicated that any such rezoning or required General Plan Amendment would need to be properly noticed prior to taking an action on the item. The Assistant City Attorney offered that the Planning Commission could recommend that 1570 Lafayette be added to the boundaries of the El Camino Real Specific Plan, which would allow for this General Plan and rezoning change to occur through a planned City process.
The Commission then voted to close the public hearing, and the Chair asked the rest of the Commission for a motion on the items.
Regarding the proposed General Plan Amendments, a motion was made by Commissioner Biagini and seconded by Commissioner Crutchlow to approve staff recommendation with the additional recommendation that City Council add 1570 Lafayette Street to the El Camino Real Specific Plan, which was approved (7-0-0).
Regarding the Zoning Code clean-up, Commissioner Huang made a motion to recommend the adoption of the clean-up ordinance, but not including the provisions that would increase the required corner side setback or require second-story stepbacks (seconded by Cherukuru). The motion failed (2-5-0, Huang and Cherukuru in favor).
Commissioner Crutchlow then made a motion to recommend approval of the zoning code clean-up, per the staff recommendation (Bouza seconding), which passed (5-2-0).
Commissioner Crutchlow then made a motion to recommend approval of the Zoning Map, with Commissioner Bouza providing the second. The motion was unanimously approved, (7-0-0).
The Planning Commission’s recommendation that City Council add 1570 Lafayette Street to the El Camino Real Specific Plan has been incorporated into the resolution to adopt the proposed General Plan Amendments.
June 12, 2024 Planning Commission Meeting
At the June 12, 2024 Planning Commission meeting, the Planning Commission heard a zoning code amendment to add a definition of the term “Use by Right,” which would apply to parcels indicated to be housing opportunity sites in the inventories of the two previous Housing Elements, which are the State Department of Housing and Community Development’s (HCD) 4th and 5th Housing Element cycles which concluded in 2015 and 2023 respectively for residential developments where 20% of the units are proposed as affordable. The term “Use by Right” would allow those sites to be developed consistent with objective standards but without a discretionary process. Staff gave a presentation on the proposed code changes, noting that the proposed code amendment was a condition of the certification of the Housing Element from HCD. The proposed code language implements the provisions of AB 1397, adopted by the State legislature in 2017. AB 1397 took effect on January 1, 2018, and applies to all cities, regardless of whether or not they adopt an implementing ordinance. Although the implementing ordinance will satisfy a request from HCD and an Action in the City’s Housing Element, the “By Right” requirements of AB 1397 will apply whether the City adopts this ordinance or not. Adding the AB 1397 requirements expressly into the City’s zoning code puts all the applicable rules in one place. Commissioner Biagini made a motion to approve, with Commissioner Crutchlow seconding. The Planning Commission voted unanimously to recommend approval of the “Use by Right” definition and AB 1397 language.
The “Use by Right” language and AB 1397 provisions regarding Housing Element sites has been incorporated into the Zoning Code cleanup ordinance (Attachment 4).
Next Steps
If the Zoning Map is adopted, the non-single-family zoning districts of the Zoning Code will be applied to individual parcels per the Zoning Map, with the exception that properties with the following zoning designations will retain those designations:
1) Properties with existing Planned Development zonings;
2) Properties currently zoned TN Transit Neighborhood; and
3) Properties with the HT-Historic Combining overlay.
If the Zoning Map is adopted, the associated Zoning Districts will become effective and applied to individual parcels 30 days after the adoption date.
ENVIRONMENTAL REVIEW
As a part of the Zoning Code adoption process, the City prepared and the Council adopted an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR). In taking this action the Council determined that the proposed General Plan Amendments and adoption and implementation of the Zoning Code Update would not result in a substantial change to the General Plan that would require major revisions to the previous EIR; that there is no substantial change in circumstances as a result of modifications to the General Plan or the Zoning Code Update that would cause new or substantially more severe significant impacts; and, that there is no new information of substantial importance that identifies new or more intense significant impacts than those identified in the General Plan EIR.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and consultant time involved in preparing the Zoning Code Update and this report.
COORDINATION
This item was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Community participation is a key part of the Zoning Code Update. In addition to a number of meetings with the Old Quad Neighborhood held on June 19, 2018, August 20, 2018, September 17, 2018, October 15, 2018, and December 3, 2018, staff organized community meetings with the general public on February 13 and 28, 2019 to discuss topics for change within the Zoning Code. The topics discussed with community members included the codification of elements of the City’s single-family design guidelines; the creation of new zoning districts to implement existing General Plan designations; possible changes to the number of parking spaces required for residential and non-residential uses; and regulation of short-term rentals, such as Airbnb. Community meetings to gain input on the topic of potential occupancy criteria in single family residences were held on April 29, May 16, and May 29, 2019. The May 16 and May 29 meetings were also live-streamed.
The City received over 500 responses to a community survey on the Zoning Code Update, which was released on June 20, 2019 and made available through July 12, 2019. The survey was announced on the City’s social media accounts, sent to interested parties through e-notify lists and posted on the City’s website.
The City posted the draft Zoning Code Update on the City website for public comment in May and June of 2022. The City received approximately 90 separate comments on the draft Zoning Code Update. Responses to the individual comments have been posted on the City’s website.
The City Council held three joint study sessions with the Planning Commission in the summer and fall of 2019. Topics for the three study sessions included New Districts, Simplified Processes, Single-Family District Standards, and Placemaking; Safe Parking and Assisted Living; and Uses in Single-Family Districts and Short-Term Rental Regulations.
In addition to joint study sessions with the City Council, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021. The Planning Commission also held a study session specifically on parking and outdoor dining regulations on June 16, 2021.
The City has also held informational meetings with the various commissions and non-governmental organizations including the Old Quad Residents’ Association on February 10, 2021; The Historical Landmarks Commission on January 6, 2022; the Neighborhood-University Relations Committee on May 23, 2022; the Bicycle and Pedestrian Advisory Committee on August 22, 2022; and a meeting with the head of the Silicon Valley Central Chamber of Commerce on August 18, 2022.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Do not adopt General Plan Amendments to maintain residential densities consistent with state law, or do not include the property at 1570 Lafayette Street within the boundaries of the El Camino Specific Plan Area.
2. Do not adopt the Zoning Code cleanup ordinance, including changes to single-family setbacks to be consistent with the City’s adopted Residential Design Guidelines.
3. Do not adopt the Zoning Code Map, consistent with the City’s General Plan land use diagram.
RECOMMENDATION
Recommendation
1. Adopt a Resolution to Amend the General Plan to maintain residential densities consistent with state law.
2. Direct staff to include, as part of a forthcoming agenda item on the El Camino Specific Plan, an option for the Council to include the parcel at 1570 Lafayette Street within the boundaries of the Plan Area.
3. Waive First Reading and Introduce an Ordinance to Amend Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), including changes to single-family setbacks to be consistent with the City’s adopted Residential Design Guidelines.
4. Adopt a Resolution to Amend the Zoning Map, consistent with the City’s General Plan land use diagram.
Staff
Reviewed by: Reena Brilliot, Acting Director of Community Development
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. May 22, 2024 Report to Planning Commission on the Zoning Code Update
2. Draft Zoning Map
3. Map and list of proposed General Plan Amendments
4. Resolution adopting General Plan Amendments to maintain residential capacity per state law.
5. Ordinance adopting the Zoning Code cleanup
6. Resolution adopting the Zoning Map
7. Addendum to the 2010 General Plan EIR for the Zoning Code Update