REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Adoption of the Third Zoning Code Cleanup Ordinance and Rezoning of Properties Currently Designated TN (Transit Neighborhood) to R6 (Transit Neighborhood Residential)
Report
BACKGROUND
The Zoning Code is the primary regulatory tool that implements the General Plan. As an on-going update, staff periodically brings clean-up ordinances to address clerical inconsistencies within the document or areas needing further clarification based on implementation of the new zoning code and to be consistent with recent changes in State Law. This allows the zoning code to stay current. Staff tracks the necessary updates over time and then periodically brings them forward as one clean up document. This report and resolution represent the third minor code clean-up ordinance.
Planning Commission Recommendation
The City of Santa Clara Planning Commission (Commission) heard the item at their June 10, 2026 meeting and discussed noticing for public hearings, which is typically done through required mailings, posting of the agenda online, Council Chamber, Library and Clerks Office. The online noticing requirement from the Zoning Code is duplicative as the notice is already on the event calendar. The Planning Commission recommended an alternative such as posting City Council agendas online, which are relevant and accessible and also fulfill the same function as online noticing of individual projects. This is the typical noticing, however for more complex or controversial projects, the City continues to do additional outreach per the adopted Outreach Policy.
The Planning Commission also discussed the definition of “Smoke Shop” and recommended revising it to better capture the range of items sold in such businesses. Specifically, the Commission recommended replacing “and” with “or” in the list describing smoking materials and paraphernalia used to determine whether a business is “primarily engaged in” those sales. The Planning Commission’s revised wording is included in the adoption resolution.
The Planning Commission then voted to recommend that the City Council adopt the Cleanup Ordinance.
The Commission also recommended adoption of the map resolution to apply the R6 Transit Neighborhood designation to parcels currently designated TN (Transit Neighborhood), which was the zoning designation under the previous Zoning Code.
DISCUSSION
The City is bringing forward its third “clean-up” ordinance for the Zoning Code Update, primarily to address consistency concerns. As such, the proposed revisions are not considered substantial modifications. The ordinance clean-up includes the following policy changes and consistency updates:
Policy changes:
- Incorporating the provisions of the (HT) Historic Combining Districts into the Updated Zoning Code;
- Deleting the requirement for web posting of public hearing notices, which has not been the City’s practice and is not a part of the Public Outreach Policy;
- Removing the public hearing requirement for architectural review of multi-family development projects as the City has adopted Objective Design Standards and will streamline projects;
- Allowing additional height for institutional uses and differentiating them from assembly uses in the (PQP) public/quasi-public district;
- Adding definitions to clarify fence height requirements;
- Revising public bike parking standards to require bike parking in commercial districts to be closer to the front door than the closest non-handicapped space;
- Requiring uncovered parking on residential parcels to be perpendicular to the street;
- Requiring automobile service bays to not be visible from the street; and
- Modifying use tables to reflect the range of uses existing in commercial and industrial districts, including the differentiation of specialized instruction (e.g., painting and pottery classes) from vocational schools, this allows for more flexibility.
- Making minor edits to the noticing procedures for administrative citations, primarily to allow for priority mail delivery with tracking as an alternative to certified mail.
Errata:
- Rezoning the Tasman East district from TN (this was a holdover district from the previous Zoning Code) to R6, which is now part of the current code;
- Updating the definition of Major Transit Stop to be consistent with recent changes to state law;
- Adding a definition for the term “Dwelling Unit”;
- Revising the definition of the term “Demolition” to square with the term presented in the Administration Chapter
- Updating the Visibility Clearance Diagram following feedback from the Department of Public Works
- Updating zoning districts in the City’s Noise Ordinance; this updates the zoning districts to be consistent with the new code
- Refining the definition of Smoke Shops;
- Making the General Plan and Zoning Code definitions of Floor Area Ratio consistent with each other;
- Allowing for fully unbundled parking for apartments greater than 15 units per State law;
- Allowing for unbundled parking for parking spaces for commercial uses
- Revising minimum lot sizes in the R2 two-family zone;
- Making the R5 district maximum density consistent throughout the document;
- Updating any citations to the California Government Code;
- Correcting cross-references and spelling and punctuation mistakes;
- Updating figures and making terms internally consistent in Title 18 (“Zoning”), and
- Updating the zoning map to reflect the applicable changes.
The adopting resolution is included as Attachment 1, and all tables that have are proposed to be changed are included as Attachment 2. The proposed R6 Zoning Code Amendment resolution is included as Attachment 3, with code changes presented in strikethrough and underline or highlighted as part of a table.
The adoption of the cleanup ordinance is a legislative act, not requiring any specific findings.
ENVIRONMENTAL REVIEW
Given that the Zoning Code Update is an implementation action for the 2010 General Plan Update, the City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) to cover adoption of the Zoning Code, Zoning Map, and related General Plan Amendments. The Addendum indicated that the adoption of the Zoning Code Update would not result in environmental impacts beyond those described in the General Plan Update EIR. At the conclusion of the public hearing on November 15, 2023, the Planning Commission voted to recommend that the City Council approve the Addendum, and on December 19, 2023, the City Council adopted the Addendum. The recommended actions all fall within the scope of the adopted Addendum.
FISCAL IMPACT
Adoption of the Third Zoning Code Cleanup Ordinance and associated Zoning Map Amendments for the R6 District would fully implement the City’s General Plan land use diagram. These actions would involve no additional resources beyond those indicated at the time of Zoning Code adoption.
COORDINATION
This item was coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
Due to the nature of this minor code clean up, only newspaper noticing and posting requirements are required to be conducted.
PUBLIC CONTACT
A newspaper notice for the May 19, 2026, public hearing was published in the March 18, 2026 issue of the Santa Clara Weekly, describing the proposed adoption of the Third Zoning Code Cleanup Ordinance and the proposed changes to the Zoning Map. On May 19, 2026, the City Council opened the public hearing and voted to continue the item to the June 14, 2026 meeting.
Public contact was also made by posting the 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
Staff recommends that City Council adopt the Planning Commission-recommended updates to the Zoning Code to be consistent with the General Plan and State Law
1. Recommend that the City Council adopt the Zoning Code clean-up ordinance; and
2. Recommend that the City Council apply the R6 Transit Neighborhood District to the properties currently zoned TN on the Zoning Map, consistent with the General Plan.
Staff
Reviewed by: Afshan Hamid, Director of Community Development
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Zoning Code Clean-Up Resolution
2. Zoning Code Amended Tables
3. Zoning Map Resolution