REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on Four Corrective Amendments to the Zoning Map that Resolve Inconsistencies with the City’s General Plan Land Use Diagram, for the Properties located at 4995 Patrick Henry Drive / 3005 Democracy Way; 807 Washington Street; 1435 Lewis Street and 1430 and 1448 Madison Street; and 2805 Bowers Avenue.
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
At the July 16, 2024 City Council meeting, the Zoning Map implementing the recently updated Zoning Code was adopted. This report deals with four errors in the adopted map that were discovered following adoption. The report includes an updated Zoning Map and associated resolution.
DISCUSSION
If the updated Zoning Map is adopted, the inconsistencies that were discovered after adoption, between the Zoning Map and the adopted General Plan Land Use diagram, would be resolved. The inconsistencies include:
a. Parcels related to the proposed Mission Point by Kylli Project located at 4995 Patrick Henry Drive, also referenced as 3005 Democracy Way (including properties on Tasman Drive, Democracy Way, Patrick Henry Drive, and Old Ironsides Drive). In 2009, the City Council approved a rezoning from Light Industrial (ML) under the Classic Code to a Planned Development (PD) zoning district for the Project Site, to facilitate the construction of the 3 Million square foot Yahoo campus. That project was subsequently cancelled, and the PD zoning reverted to the original ML zoning on May 25, 2020. However, due to a clerical error, the reversion to ML was never shown on the Zoning Map, which still listed the parcels as “PD”. On July 16, 2024, the Council adopted a new Zoning Map, but took no action on parcels designated “PD,” including this Project Site. At this time, the Parcels are proposed to be rezoned from their actual designation, ML - Light Industrial under the Classic Code, to HO-RD - High-Intensity Office/Research and Development, under the Updated Code, consistent with the site’s General Plan land use designation; APNs: 104-04-150, 104-04-142, 104-04-143, 104-04-151, 104-04-112, 104-04-113, 104-04-065, 104-04-111, 104-04-064.
b. 807 Washington Street, a 0.2-acre site from PQP - Public/Quasi-Public zoning to R1-6L Single-Family Residential to reflect the existing use of single-family residential on the site; APN 269-28-033.
c. Three contiguous parcels located at 1435 Lewis Street, and 1430 and 1448 Madison Street. The parcels were incorrectly rezoned R3, consistent with the existing multi-family uses on the sites. They all have existing Planned Development zonings, which are proposed to be maintained. APNs: 269-03-150, 269-03-151, 269-03-152.
d. One parcel located at 2805 Bowers Avenue. On August 27, 2024, the City Council approved a General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, to conform to what was the site’s Light Industrial zoning district prior to the City Council adopting the Updated Zoning Map on July 16, 2024. The Revised Zoning Map will return the subject property back to the Light Industrial (LI) zoning district, consistent with the recently approved Light Industrial General Plan land use designation. APN: 216-28-063.
If the revised Zoning Map is adopted, the associated Zoning Districts will become effective and applied to individual parcels 30 days after the adoption date.
At the September 11, 2024 Planning Commission, the Commission reviewed the proposal, and asked City staff about the noticing radius for the parcel at 2805 Bowers Avenue. Staff responded that the noticing radius was 300 feet, per the Public Outreach policy. The Planning Commission expressed concern about the noticing radius given the potential visual impacts from the bulk and height of data centers and directed staff to consider that during the development of the revised public outreach policy, currently underway.
The Commission then voted to recommend approval of the resolution to City Council (5-1-1, Bouza opposed, Biagini absent).
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 and Zoning Map 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
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. Notices were also posted at City Hall, the Central Park Library, and the Northside branch library. 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.
Also, on August 29, 2024, a notice of public hearing on this item was mailed to property owners within 300 feet of each project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed rezonings.
ALTERNATIVES
1. Do not adopt the revised Zoning Code Map and leave the City’s Zoning Map inconsistent with the City’s General Plan land use diagram at the identified properties.
RECOMMENDATION
Recommendation
Adopt a Resolution to Amend the revised Zoning Map, consistent with the City’s General Plan land use diagram, for the Properties located at 4995 Patrick Henry Drive / 3005 Democracy Way; 807 Washington Street; 1435 Lewis Street and 1430 and 1448 Madison Street; and 2805 Bowers Avenue.
...Staff
Reviewed by: Reena Brilliot, Acting Director of Community Development
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Updated Zoning Map
2. Resolution Adopting the Zoning Map