REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on an Update to City Council’s Public Notification, Outreach & Engagement Policy for Planning Applications
Report
BACKGROUND
The City Council’s policy for public outreach for Planning applications, adopted June 27, 2017, aims to enhance community engagement, and ensure transparency in the planning process. The Community Development Department (Department) is responsible for implementing this policy and continually improving public engagement activities. The pandemic and post-pandemic conditions, along with new State laws, have significantly impacted how the Department conducts business and processes housing applications. These changes, combined with the rapid adoption of new technologies to bridge communication gaps, have prompted a review and update of the policy.
The efforts to update the policy began in 2022, with community meetings held in December 2022 and July 2023. The updates to the policy primarily focus on three key areas:
1) Notification Activities: Enhancing how and when the community is informed about planning applications.
2) Outreach Activities: Improving methods to reach out to the community and gather input.
3) Engagement Activities: Ensuring continuous and meaningful engagement with the community throughout the planning process.
DISCUSSION
In addition to the requirements for public notification in the City Code (Chapter 18.146), the Department also implemented the Public Outreach Policy for Planning Applications (Policy) adopted in June 2017. Facilitation of inclusive community participation is an important goal for the City’s conduct of the land use development process. The intent of this adopted Policy is to provide the public with enhanced access to information related to land use development activity within Santa Clara, to encourage community members to be informed and engage in the public process for the review of development proposals. A desired outcome of this Policy is that community feedback is incorporated into the design of the development proposals, while meeting or exceeding notification requirements in State Law.
During the last seven years of implementing this policy, there have been notable events that influenced the way the City conducts its business and how the public generally receives information. First, the 2020 pandemic; second, the introduction of new State housing laws; and third, the acceleration of technology, transforming the delivery and communication of services.
At the onset of the pandemic, City Hall was closed to the public and staff because of public health and safety reasons. In response, the City transitioned its business to remote transactions, and over time to hybrid and finally post-pandemic conditions where City Hall is fully open to the public. In Community Development, all planning applications and materials are now submitted electronically online, whereas in the past, these were all submitted in-person with hardcopies. Public meetings were for a time all virtual and now these meetings are hybrid, with both in-person and online participation. Community meetings have, for the most part since the pandemic, been virtually conducted and attended.
Recent State laws, such as Senate Bill (SB) 9 (2017), 35 (2021), 684 (2023) and others, have the intent of increasing housing supply by subjecting applications for housing developments to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. While SB 330 still allows discretionary review, the law limits the number of public hearings, including community meetings conducted by the City to five. Where prior to the enactment of these laws, housing projects could take many months to get resolved, under the recent legislation, approvals now take significantly less time.
Lastly, the use of technology has accelerated, and people are embracing technology more. For example, prior to the pandemic the use of video conferencing was seldom used, deemed cumbersome and complicated, whereas now Zoom and Teams (formerly Skype) are widely accepted means of communication. Paperless and contactless forms of transmitting information have also increased, leading to more widely accepted use of email and other electronic forms of communication. Smartphone use continues to rise, and additional communication tools and apps (quick response or QR code readers and social media, etc.) coupled with broadband technology have made them easier to use for daily tasks.
Considering these circumstances, this is an opportune time to update the policy and further establish procedures in the process for applicants and the public.
Summary of Updates
The updated policy, now titled “Public Notification, Outreach & Engagement for Planning Applications,” reflects a more comprehensive approach. This change acknowledges that many new housing projects follow a ministerial or streamlined process, meaning the City has little or no discretion in their approval. The revised policy emphasizes the importance of seeking community input early and continuously throughout the planning process. A draft of the revised policy is in Attachment #2. Three key areas in the Policy include notification, outreach, and engagement.
Notification activities ensure that the community is well-informed about housing projects, even when no discretion is permitted under State law. These activities help ensure that the community stays informed and can follow the project’s progress. Examples of projects include:
• Second dwellings and lot splits pursuant to SB 9 (2021), when submitted as a preliminary Planning application.
• Subdivisions creating 10 or fewer residential lots pursuant to SB 684 (2023).
Outreach activities are for projects that adhere to the City’s General Plan without using State laws that prohibit discretionary review. Ensuring the community is informed and can provide input is essential for fostering transparency and trust. These activities help ensure that the community is well-informed and has ample opportunity to provide input, leading to more inclusive and well-supported projects. Examples of projects include:
• Rezonings, consistent with the General Plan
• Conditional Use Permits
• Tentative subdivision maps (not including SB 9 lot splits)
Engagement activities are crucial when amending a General Plan land use designation, especially when shifting to a residential designation from non-residential or lower residential density. This process ensures that the community has a voice in shaping the future land use and identifying potential community benefits. These activities help ensure transparency and community involvement, leading to better outcomes for the project and the community. Examples include:
• An amendment to the existing General Plan land use designation to a residential designation when the current designation is non-residential.
• An amendment to an existing residential General Plan land use designation to a differing density.
• Long-range planning projects, including but not limited to specific plans, significant zoning code amendments, General Plan updates, and other policy documents.
All development projects will be subject to a combination of the following, depending on the size and type of the project:
1) On-Site Posting: Displaying information about the project at the project site to inform residents and passersby.
2) Website Posting: Providing regular updates and detailed information about the project on a dedicated website.
3) Ongoing Communication: Engaging with the community continuously through newsletters, emails, or other communication channels.
4) Social Media: For larger projects, utilizing social media platforms to reach a broader audience and communicate project details and schedules.
5) Community Meetings: Holding meetings to discuss the project, gather feedback, and address any concerns from the community.
The extent of notification, outreach and engagement would depend on the type, size, and potential community interest in the project. Projects are defined by size and level of interest:
• A minor development proposal is considered a minor use permit, temporary use permit, reasonable accommodations request, and an off-site parking permit that have their noticing requirements prescribed in the City Code. Minor development proposals are not subject to the Policy unless deemed a significant interest development proposal.
• A small development proposal relates to the demolition, construction, renovation, or expansion of a single-family house that requires a public hearing or up to four residential units; or accessory units that require a public hearing; or projects involving minor use permits.
• A standard development proposal is a project that involves between five and 49 dwelling units, up to 30,000 square feet of commercial or 50,000 square feet of office or industrial use.
• A large development proposal involves over 49 dwelling units, over 30,000 square feet of commercial or over 50,000 square feet of office or industrial uses.
• A significant interest development proposal is a project that has a high potential for significant interest at a Citywide level.
• Other projects that may require different levels of outreach are listed separately in the Policy’s Public Outreach Matrix, such as data centers and drive-in/through establishments.
Throughout the update process, staff heard that early communication on upcoming projects is important. The updated Policy includes a requirement that a public notice, including a project description and tentative schedule, .be sent out within 35 days of the project being filed if no community meeting is necessary. Otherwise, the community meeting notice will serve as the early notification since those would occur between 60 and 90 days of the project being filed. Depending on the type of project, the mailing radius ranges between 300 feet from the subject property to one-quarter of a mile. This proactive approach can help alleviate misunderstandings and foster a more collaborative environment.
What are Other Jurisdictions Doing?
There are limited examples of other local jurisdictions with adopted public outreach policies for Planning applications, including the City of San José, City of Sunnyvale, City of Cupertino, and the City of East Palo Alto. Similarly, these policies address types of projects and the extent of outreach. Based on the research, Santa Clara has the most robust policy.
Conclusion
Updates to the Policy are necessary to reflect changes and emerging trends. The proposed changes are the culmination of outreach efforts and represent best practices moving forward.
ENVIRONMENTAL REVIEW
The policy is not a project as defined by the California Environmental Quality Act (CEQA).
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expenses typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On December 1, 2022, the City conducted an in-person meeting community at the Central Library and followed this up with a virtual community meeting on December 8, 2022. On July 12 and July 17, 2023, the City conducted virtual community meetings. Following these meetings, a public draft of the policy was available for comment through an online platform, Konveio, where the public provided comments. In summary, public comments included: increasing the radius for notification; a preference for hybrid meeting format over virtual format; add community events in addition to community meetings; and developers should partner with community-based organizations. As demonstrated in the draft policy, the notification radius was increased for large and significant projects; community meetings are proposed to be hybrid; participating in community events and partnering with community-based organizations are encouraged.
Notice of this Planning Commission meeting was advertised on the City’s social media accounts and sent to the City’s Planning Community Meetings e-notify list. A publication took place in the SC Weekly on February 5, 2025.
Public contact was also made by posting the Commission 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
The Planning Commission may recommend no changes to the current policy or recommend changes to the draft policy.
RECOMMENDATION
Recommendation
That the Planning Commission recommend the City Council adopt the updated Public Notification, Outreach & Engagement Policy for Planning Applications.
Staff
Reviewed by: Lesley Xavier, Planning Manager
Approved by: Afshan Hamid, Director, Community Development Department
ATTACHMENTS
1. June 14, 2017, Adopted Public Outreach Policy for Planning Applications
2. Draft Public Notification, Outreach & Engagement Policy for Planning Applications
3. Weblink to a redline version Draft Policy
4. Public Comments