REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2070 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.
Report
BACKGROUND
At the July 16, 2024 Council meeting, proposed Ordinance No. 2070 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2070 was published to the Santa Clara Weekly on August 14, 2024, and copies were posted in three public places.
DISCUSSION
As a follow-up to the January 9, 2024 adoption of the Zoning Code Update, the proposed ordinance makes “clean-up” amendments to the Zoning Code Update, such as correcting section numbers and cross-references. The ordinance also establishes zoning standards for the operation of mobile food vendors on private property, changes single-family second-story front and side setbacks (also known as stepbacks), changes the residential side corner lot setback from 5 feet to 10 feet, clarifies the height limit for accessory dwelling units (ADUs), and requires that upper-story ADU windows facing neighboring properties have a minimum 5-foot sill height to support privacy.
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 Community Development Department.
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.
A summary of proposed Ordinance No. 2070 was published to the Santa Clara Weekly on August 14, 2024, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was also 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 or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive second reading and adopt Ordinance No. 2070 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.
Staff
Reviewed by: Glen R. Googins, City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2070 (Intro)