REPORT TO COUNCIL
SUBJECT
Title
Study Session on the Zoning Code Update
Report
COUNCIL PILLAR
Engagement and Transparency
BACKGROUND
The Community Development Department has been working with Mintier-Harnish, the City’s Zoning Code Update consultant, since late 2017 to prepare a comprehensive update to the City of Santa Clara Zoning Code. This is the first comprehensive update of the current Zoning Code since it first came into effect in 1969. The goal of the Zoning Code Update process is to develop a more up-to-date, readable and relevant Zoning Code that better aligns with the City’s General Plan and which fully aligns with recent changes in State law.
Overarching goals of the Zoning Code Update include:
§ Simplification and modernization
§ Implementation of and consistency with the City’s General Plan
§ Creation of new mixed-use zoning districts for commercial corridors
§ Creation of new Office/R+D districts that support employment uses
§ Integrating Specific Plan zoning districts
§ Implementing specific actions called out in the City’s Housing Element
§ Integrating pro-housing changes as required by State law
DISCUSSION
The City Council has had opportunities periodically throughout the preparation of the Zoning Code Update to provide input on the overall structure, contents and objectives for the update. This City Council study session is intended to be an opportunity for the City Council to become familiar with the final draft of the Zoning Code Update before it is brought forward to the City Council for adoption later this year. The following discussion summarizes the key changes and concepts being brought forward through the Zoning Code Update.
Organization of the Code
The draft updated Zoning Code has been organized and formatted for clarity and ease of use. One significant change in organizational structure is to move from a nested or cumulative approach to zoning districts to an organization where the contents of each zoning district is self-contained. In the 1969 Zoning Code, uses were listed out within each zoning district, and the zoning code was cumulative in nature, meaning that uses in less intense zoning districts were included by reference in the more intense districts of the same type. For example, all of the uses allowed in the CN Neighborhood Commercial district are also allowed in the CC Community Commercial zoning district, and the uses of both zoning districts are allowed in the CT Commercial Thoroughfare zoning district with each district referring back to the other districts for the complete list of allowed uses. Functionally, this means that to understand the uses applicable to a property, a resident might need to follow a chain of references through three chapters of the Code.
The updated Zoning Code further improves readability by presenting all similar districts together in a single chapter, with uses presented in tabular format, making it easier to compare regulations between uses and zoning districts. Similarly, development standards, including building heights, setbacks and area limitations such as lot coverage maximums are presented in tables, allowing information to be readily accessed in a concise format.
The updated Zoning Code also adds explanatory graphics, helping to clarify code sections such as non-standard setback regulations and sign types. (See Attachment 1 for an example of the use tables, development standards and explanatory graphics.)
New Mixed-Use Zoning Districts to Implement Existing General Plan Land Use Designations
One significant advantage to the Zoning Code Update is that it will eliminate any remaining inconsistencies between the City’s General Plan and the Zoning Code. When the City completed the most recent comprehensive update of the General Plan in 2010, staff began a corresponding update to the Zoning Code to more fully align with the new General Plan, but this effort was not completed. This lack of alignment limits the effectiveness of the Zoning Code as an implementation tool for the General Plan. Recent changes in State law also remove an exception for charter cities, such as Santa Clara, that allowed for inconsistency between zoning and General Plan. Other recent changes in State law also require that local land use regulations for residential and mixed-use developments be generally limited to objective standards, which are found in the Zoning Code. The Zoning Code Update will address these concerns.
For example, the City’s General Plan designates areas for mixed-use development along the City’s commercial thoroughfares, but the current applicable zoning districts are limited to commercial uses. As a result of the current lack of mixed-use zoning districts, mixed-use projects must be developed using the more cumbersome, expensive and time-consuming Planned Development Zoning process. The Zoning Code Update will add mixed-use zoning districts that directly align with the City’s General Plan land use designations.
The Zoning Code Update specifically includes new mixed-use districts for commercial corridors, such as El Camino Real, Homestead Road, and Saratoga Avenue. The creation of mixed-use districts conforming to the General Plan will provide developers with a more streamlined approval process through a development review hearing using objective standards in the analysis of projects. The proposed designations for El Camino Real implement the existing General Plan land use designations including the MU-CC Mixed Use-Community Commercial zone, which corresponds to the CMU Community Mixed-Use designation, and the MU-RC Mixed Use-Regional Commercial zone, which corresponds to the RMU Regional Mixed-Use designation. Any future zoning changes that result from the El Camino Specific Plan, which is under development, would be adopted separately.
New Industrial Zoning Districts to Better Reflect the Mix of Businesses that are Located in Santa Clara’s Job Centers
Similarly, most of the employment lands in North Santa Clara are zoned ML Light Industrial, a catch-all designation in the 1969 code, even though the General Plan designates these areas as a mix of Light Industrial, Low Intensity Office or High Intensity Office. Lands designated for Light and Heavy Industrial use are now focused within areas most impacted by the flight path of San José Mineta International Airport (SJC). The update maintains the Light and Heavy Industrial zoning districts in areas with those General Plan designations, especially near SJC, and creates new zoning designations for Low-Intensity Office/R+D (LO-RD) and High-Intensity Office/R+D (HI-RD) uses, recognizing that additional height and development intensity is now a part of the development program for contemporary office uses.
Additional Height Allowances for Industrial Uses with Fewer Employees
The 1969 Zoning Code assumed that light industrial uses would be limited to low-rise development. Increasingly, developers of modern industrial uses, such as data centers, seek to better utilize industrially zoned land. The City has typically granted modifications regarding height through the City’s permit process for these uses. This code change recognizes the contemporary needs for additional height of this development type which are compatible with surrounding forms of industrial development and therefore provides a more logical and streamlined development process.
Streamlined Permitting Processes for Placemaking Uses
In response to resident demand, the updated Zoning Code includes multiple changes to streamline the permitting of placemaking uses. The streamlined processes include an increased allowance for restaurants to provide up to 24 outdoor seats without a permit, as opposed to twelve as currently allowed, making it easier for restaurants to activate their adjacent outdoor spaces.
The code changes also include a streamlined administrative permit process for temporary outdoor events on private property as well as live entertainment, provided the entertainment use meets residential separation requirements, striking a balance between placemaking and neighborhood protection. These types of activities would be permitted with less time and cost through a streamlined staff review process rather than through City Council action as required by the current Zoning Code.
Simplified Parking Regulations
The parking section of the Zoning Code has been revised to base parking requirements on the floor area of a building, as opposed to requirements based on other criteria. The parking requirements in the current Zoning Code can prevent an existing commercial space from being re-tenanted for a different commercial use. For example, the current Zoning Code requirements for restaurants based on the number of seats can effectively prevent a restaurant from entering a vacant commercial space. Implementing a consistent standard based on square footage makes for an apples-to-apples comparison of required parking between different uses such as restaurants and retail and makes it easier to re-tenant buildings. The updated Zoning Code also increases the thresholds for triggering additional parking requirements so that a wider range of tenants can use existing buildings, reducing the likelihood of vacant commercial space and leading to livelier streets.
Additional changes are included to align with recent changes to State law, especially AB 2097, which prohibits cities from requiring parking within one-half mile of a major transit stop. Attachment 2 shows the areas of the City where AB 2097 applies.
Construction Parking for Larger Projects
In response to an ongoing community concern, the updated Zoning Code adds requirements for off-street parking for the duration of construction of residential projects of over 100 units in size, or non-residential projects of over 100,000 square feet in area. Parking spaces will be required to be available from the time of issuance of building permits until the issuance of a certificate of occupancy. The proposed code provisions include performance standards to maintain the temporary parking lot and to sweep surrounding streets.
Occupancy Limits for Residences
Staff has invested a significant amount of time exploring with the community potential regulations for the occupancy of single-family residences. In particular, this effort includes several years of community outreach through the Neighborhood University Relations Committee and with residents of the Old Quad neighborhood. Because of the complexity of this issue and its importance to the community, staff will bring forward an ordinance addressing this topic separately, after the Zoning Code update has been completed. Staff will continue working with the community to make sure that the City’s approach is effective while remaining fully compliant with legal requirements.
As a first step to address this concern, the Zoning Code Update will require that in new or expanded residences, each residential unit maintain a minimum common area (the area dedicated to living rooms, family rooms and kitchens) of 25% of the floor area of the building, to provide adequate common space for congregating in the residences and to prevent dining rooms and living rooms from being converted to bedrooms.
Short-Term Rentals
A second area of significant community concern is the City’s current lack of regulations for short-term rental uses (the rental of a residence or a portion of a residence for 30 or fewer days). The proposed Zoning Code Update establishes regulations for short-term rentals, requiring the unit to be owner-occupied or significantly limiting the amount of time that the unit may be rented, and requiring the owner to register with the City, pay the Transient Occupancy Tax (TOT), and meet performance standards. The proposed regulations will establish a maximum number of days (90 aggregate days in a calendar year) that properties can be rented without the owner present, set occupancy limits and require a local contact person.
Increased Allowances for Houses with One-Car Garages
A number of subdivisions were built in Santa Clara in the 1950s with one-car garages and do not conform to the City’s current standard of two parking spaces per single-family residence. Prior to the 2010 General Plan update, the City had a General Plan policy that allowed expansions of these houses by up to 500 square feet before they were required to provide an additional garage space. The Zoning Code Update will codify the ability to make up to a cumulative 1,000 square foot addition to such houses over the life of the building without the need to add a parking space. Any additions made previously will count towards the 1,000 square foot total.
By-Right Setback Exceptions
The proposed Zoning Code Update will add by-right exceptions for additions to houses with legal non-conforming side setbacks, provided the addition is to the rear. It has become a frequent practice for the City to grant Variances for such additions in consideration of a lack of any clear negative impact upon the community and the benefit to the homeowner. This change will thus reduce the number of variance cases in the City, especially in relation to pre-war houses in the Old Quad, reducing unnecessary time and cost burdens for homeowners.
Unenclosed Porch Allowances
The Zoning Code Update would also increase the amount that unenclosed porches can encroach into the front setback to up to six feet. This change aligns with current community preferences, reflecting the transition from a visual preference for large, uninterrupted front lawns to homes that are more inviting and pedestrian-oriented. Homeowners will be more able to add on an open front porch that could activate their front yard and better convey the homeowner’s identity.
Prohibited Activities
The proposed Zoning Code Update adds language to clarify that residential front and side setbacks need to be free of inoperable vehicles, construction equipment and debris, and other potential attractive nuisances, such as unattended ping-pong tables and inflatable pools. This clarified code language will make it easier for the City to conduct Code Enforcement for non-compliant property owners.
One-and-a-Half Story Accessory Dwelling Units
Recent changes to State law require cities to allow 800 square foot Accessory Dwelling Units (ADUs) with 4’ side and rear yard setbacks. Cities are allowed to have more permissive development standards for Accessory Dwelling Units that go beyond these minimum requirements. In response to community input, particularly from the Old Quad neighborhood, the proposed update will include zoning standards that allow one-and-a-half story ADUs by right. This increased height is considered by the community to be consistent with the historical character of the Old Quad, and an appropriate means of allowing compatible development, as the volume of a half-story is largely underneath the pitch of the roof and use of the half-story reduces the mass of a structure with two habitable floor areas.
Minor Use Permits
The Zoning Code Update will create a Minor Use Permit process to allow more streamlined review of non-controversial uses, such as licenses for beer and wine sales at a restaurant. Neighbors would be notified of the proposed use permit, but a public hearing would only be held if requested by a neighbor. Non-controversial permits would be approved by the Director of Community Development without a public hearing.
Zoning Code Changes Required by Recent State Legislation
Over the past year, the State has made a number of changes to the Government Code that are intended to promote housing inventory including several actions cities are required to implement through their Zoning Codes. As a result, the City has made the following changes to the proposed Zoning Code Update since the release of the February 2022 draft:
- Allowing residential development on land with commercial land use designations (SB 6 and AB 2011), provided that the development meets specific conditions including a minimum density of 30 du/ac and paying prevailing wages during construction;
- The relaxation of local ADU development standards to allow greater ADU heights near transit (SB 897), and waiving otherwise required front setbacks if a detached ADU of 800 square feet cannot be built (AB 2221);
- Increasing the range of projects that can take advantage of incentives in the Density Bonus Law, including shared housing (AB 682) and commercial projects that include an affordable housing component (AB 1551);
- A prohibition on parking requirements for residential and commercial developments within a half-mile of transit (AB 2097) and for 55-and-older senior housing projects (AB 2334);
- Requirements to provide more possible zoning districts for emergency shelters, and to approve emergency shelters using objective standards (AB 2339); and
- Prohibition on cities from requiring a public hearing for residential renovation projects that only involve interior reconfigurations (AB 916).
Summaries of these pieces of State legislation are presented in Attachment 3.
Changes Made as a Result of the Housing Element Update
Several changes are proposed for the Zoning Code Update to implement actions proposed by staff and/or directed by the State Department of Housing and Community Development (HCD) through the City’s Housing Element update process. Specific to the Zoning Code, the State has asked the City to support a wider variety of residential housing choices by allowing a wider variety of housing types in the City’s various residential zoning districts. This includes generally allowing Single Room Occupancies (SROs) and supportive housing (housing that includes supportive services) in multi-family and mixed-use zoning districts. HCD also asked that the City include low-barrier navigation centers as an enumerated use. Low-barrier navigation centers are functionally emergency shelters with additional supportive services.
General Plan Text Amendments
The Zoning Code Update includes an accompanying General Plan Amendment in response to a recent change to State law that requires charter cities to have consistent General Plans and Zoning Codes. This Amendment would update the mix of industrial areas supported by the General Plan to align with the Zoning Code update and the evolving nature of industrial activity within Santa Clara.
First, the General Plan changes would remove limitations on the maximum amount of building area devoted to manufacturing in the Low and High Intensity Office/R+D designations. This would allow both existing industrial businesses to continue in place and would allow for new businesses with a manufacturing component to locate in the new zoning designations that have not yet been applied to the City’s zoning map.
Second, the proposed changes would remove the prohibition on Medical Facilities in the areas designated High Intensity Office/R+D. Reflecting current practices within the medical industry, this change would allow medical uses, including uses that both manufacture medical supplies or equipment and perform outpatient procedures, to locate both parts of their business within the same building.
Third, the proposed change would modify the definition of Floor Area Ratio (FAR), which is used to regulate building mass. The definition is being changed to clarify that FAR calculation is based on all of the building mass above grade, but excludes basements and below-grade parking.
Zoning Code Sections to be in Effect Prior to Map Approval
Adoption of the Zoning Code is scheduled for City Council consideration in advance of the proposed adoption of a Zoning Map that would change the zoning at specific locations throughout the City where the current zoning does not align with the General Plan. This change would address the State requirement now applicable to charter cities for the Zoning and General Plan to align.
The majority of the proposed changes in the Zoning Code Update, which are zoning district-based, would not become effective until the time of the Zoning Map adoption. However, some elements that apply Citywide would take effect upon adoption of the Zoning Code. Changes that will be in effect in advance of the Zoning Map include: reduced parking requirements for many uses to simplify re-tenanting of vacant commercial; the Minor Use Permit process which simplifies permitting for many routine uses like the sale of beer and wine at restaurants; Zoning Clearances, which are a non-discretionary, over-the-counter permitting process; and the simplified Outdoor Seating and Entertainment Permit process.
Next Steps
Following the adoption of the Zoning Code update, staff will hold outreach meetings on the adoption of the Zoning Map. The purpose of these meetings is to provide affected community members with information on the process for Zoning Map adoption, including the adoption of General Plan amendments to align the General Plan and Zoning with existing uses. As a part of outreach, the City will post the proposed General Plan land use diagram and Zoning Map for review and comment.
Following outreach, the City will bring the Zoning Map and associated General Plan Amendments forward for hearing at the end of 2023/early 2024.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
Given that the Zoning Code Update is an implementation action of the 2010 General Plan Update, the City is preparing an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) to cover adoption of the Code. The Addendum will indicate that the adoption of the Zoning Code Update will not result in environmental impacts beyond those described in the General Plan Update EIR.
FISCAL IMPACT
Because this is a study session item, it does not have fiscal impacts beyond the staff 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 draft Zoning Code, with comments and City responses is included as Attachment 4. City staff have indicated in the response whether a comment has resulted in a change to the draft code.
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 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.
RECOMMENDATION
Recommendation
Provide feedback on the proposed Zoning Code Update.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Zoning Code example use tables and development standards
2. Map showing Major Transit Stops, with ½ mile buffers, per AB2097
3. Summary of recent changes to State law
4. Draft Zoning Code with comments and responses
5. Draft Zoning Code (June 2023)