Ordinance/Downtown Form-Based Zoning District Page 1 of 4 Rev: 09/2019
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING TITL E 18 OF “THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA” TO ADD A
NEW CHAPTER 18. 2211, REGULATIONS FOR THE
DOWNTOWN FORM-BASED ZONING DISTRICT
WHEREAS, the City of Santa Clara (t he “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 t he Downtown Focus Area of the General Plan;
WHEREAS, the General Plan contempl ates 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 implementati on of the Precise Plan, t he City intends to adopt a General Plan Amendment (“GPA”) to amend the General Pl an 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, Ordinance/Downtown Form-Based Zoning District Page 2 of 4 Rev: 09/2019
OG - General Office, CC - Community Commerc ial, 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 distri ct 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 Co mmission 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 cr eation of the Chapter 18. 11, the rezoning of the Downtown Precise Plan area, the City C ouncil 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 Ordinance/Downtown Form-Based Zoning District Page 3 of 4 Rev: 09/2019
with the requirements of CEQA;
WHEREAS, the Project approvals will include a resolution certifying the EIR (the “CEQA Resolution”); a resolution approving the G PA (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 hear ing 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 Counc il 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 per sons 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 18.2211 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” dated November 2023, attached hereto and incorporated herein by this reference,. with the following revisions:
Subsection “L” (“Federal Aviation Administration (FAA)”) of Section 6.3 (“Standards”) of Chapter 6 (“Building Height”) is hereby deleted and replaced with the following:
Ordinance/Downtown Form-Based Zoning District Page 4 of 4 Rev: 09/2019
“L. CLUP Policies. In order to ensure consistency with the Comprehensive Land Use Plan for the San Jose Mineta International Airport, the following Policies shall apply within the Downtown Zone:
1. When measuring development height for consistency with the San José International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. Height of any proposed structure is subject to height policies set forth in the SJC and Reid-Hillview CLUPs and may not exceed the Part 77 Surface immediately above that proposed structure. However, in the case of structures or objects within the SJC Airport Influence Area and within an area subject to SJC Part 77 surfaces, if that structure or object penetrates the Federal Aviation Regulation Part 77 surface, the proponent may submit the project data to the Federal Aviation Administration (FAA) for evaluation and air navigation hazard determination, in which case the FAA’s determination shall prevail.
2. All proposed development within the SJC Traffic Pattern Zone shall comply with the applicable open space requirements of the SJC CLUP (SJC CLUP Policy S-5 and Table 4-2).
3. Where legally allowed, dedication of an avigation easement to the City of San José shall be required to be offered as a condition of approval on all projects located within the Airport Influence Area, other than reconstruction projects as defined in CLUP paragraph
4.3.7. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of the CLUP (SJC CLUP policy G-5).”
SECTION 2: That the City Council hereby amends the City of Santa Clara Zoning Map to apply the zoning designation contained in Chapter 18. 2211 to all properties in the Ordinance/Downtown Form-Based Zoning District Page 5 of 4 Rev: 09/2019
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 18.2211, 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:
1. Downtown Form Based Zoning Code