ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 18 OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” TO ADD A NEW CHAPTER 18.11, REGULATIONS FOR THE DOWNTOWN FORM-BASED ZONING DISTRICT WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the Downtown Precise Plan (the “Project”), a plan to implement the community’s vision and objectives for a vibrant, pedestrian-oriented destination Downtown with a reestablished street grid with up to 1,071 residential units, 531,720 square feet of office space, 197,900 square feet of commercial/retail space, and 44,300 square feet of public space, located on approximately 25 acres of land located in the historic Downtown bounded by Benton Street to the north, Lafayette Street to the east, Homestead Road to the south, and Madison Street to the west; WHEREAS, the Project site is located within the Downtown Focus Area of the General Plan; WHEREAS, the General Plan contemplates that Focus Areas represent locations with opportunities for more intense development with limited impact on existing neighborhoods; WHEREAS, the Precise Plan represents the implementation of the General Plan’s goals and policies for the Downtown Focus Area; WHEREAS, as a part of implementation of the Precise Plan, the City intends to adopt a General Plan Amendment (“GPA”) to amend the General Plan land use diagram by changing the existing land use designation of the Project Site from High Density Residential, Community Mixed Use, and Downtown Core to Downtown; WHEREAS, the Downtown Precise Plan is currently zoned CD - Downtown Commercial, OG - General Office, CC - Community Commercial, R1-6L – Single Family, B – Public, Quasi-Public Park or Recreation, and PD Planned Development; WHEREAS, the Santa Clara City Code (“SCCC”) currently does not include the required zoning district to implement the General Plan designation proposed in the Downtown Precise Plan area; WHEREAS, in order to effectuate the Project at the higher-intensity form of development provided in the Precise Plan, it therefore is necessary to (a) create a new zoning district that implements the Precise Plan in the project area, and (b) rezone the Downtown Precise Plan area using the Downtown Form Based zoning designation; and WHEREAS, the HT – Historic Combining zoning district is an overly district intended to preserve historic landmarks and is applied to one property in the Plan area with APN 269-20-095 (906 Monroe Street), and the proposed rezoning will not remove the overlay, but change the underlying combining district; WHEREAS, SCCC Section 18.112.040 provides for the review and recommendation by the Planning Commission of all proposed zoning amendments before any action is taken by the City Council; WHEREAS, on October 25, 2023 the Planning Commission conducted a duly noticed public hearing and recommended that the Council approve the proposed Downtown Form Based Zoning District and rezoning; WHEREAS, before considering the creation of the Chapter 18.11, the rezoning of the Downtown Precise Plan area, the City Council reviewed and considered the potential environmental impacts of the Project and identified mitigation measures in the Environmental Impact Report for the Project (SCH#2022010282) (the “EIR”), in accordance with the requirements of CEQA; WHEREAS, the Project approvals will include a resolution certifying the EIR (the “CEQA Resolution”); a resolution approving the GPA (the “GPA Resolution”); a resolution approving the Downtown Precise Plan (the “Precise Plan Resolution”); and an ordinance (a) amending the Santa Clara City Code to include a new Chapter containing the zoning district relevant to the Downtown Precise Plan and (b) applying the new zoning designation across the Precise Area (the “Rezoning Ordinance”) (collectively, the “Approvals”); WHEREAS, notice of the public hearing on the proposed Project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; and WHEREAS, on December 5, 2023, the City Council conducted a duly noticed public hearing to consider the new chapter of the zoning ordinance and corresponding rezoning of the downtown area, at which time interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed rezoning.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That an new Chapter 18.11 entitled, “Regulations for the Downtown Form Based Zoning District”, is hereby added to Title 18 (entitled “Zoning”), of “The Code of the City of Santa Clara, California” (“SCCC”) as more specifically set forth in the “Downtown Form Based Zoning Code”, attached hereto and incorporated herein by this reference.
SECTION 2: That the City Council hereby amends the City of Santa Clara Zoning Map to apply the zoning designation contained in Chapter 18.11 to all properties in the Downtown Precise Plan Area, bounded by Benton Street to the north, Lafayette Street to the east, Homestead Road to the south, and Madison Street to the west.
SECTION 3: That the City Clerk is authorized to renumber the new Chapter 18.11, or any section or subsection contained therein, in order to conform to the numbering system of the existing zoning ordinance, or any subsequent zoning ordinance adopted within twelve months following the Effective Date.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this 5TH day of DECEMBER, 2023, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ___________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
Downtown Form Based Zoning Code
Ordinance/Downtown Form-Based Zoning District Page PAGE 2 of 4 Rev: 09/2019