City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1207 Agenda Date: 11/15/2023
REPORT TO PLANNING COMMISSION
SUBJECT
Public Hearing on the Recommendation to Adopt the Comprehensive Zoning Code Update (Second Meeting)
BACKGROUND
The Community Development Department has been working since late 2017 with Mintier-Harnish, the City’s Zoning Code Update consultant, to prepare a comprehensive update to the City of Santa Clara Zoning Code. This is the first comprehensive update of the current Zoning Code since it first came into effect in 1969. The goal of the Zoning Code Update process is to develop a more up-to- date, readable and relevant Zoning Code that better aligns with the City’s General Plan and fully aligns with recent changes in State law.
DISCUSSION
At the September 20, 2023 Planning Commission Study Session, staff described the format and organization of the Zoning Code Update, presented major streamlining changes to the Code, and answered Commission questions.
At the November 15, 2023 Planning Commission hearing, staff will provide additional information on the proposed Zoning Code Update, including sections that address recent changes to State Law and additional changes based on direction given by the State to the City through the City’s Housing Element update effort. The applicable State laws are described in the September 20, 2023 Planning Commission staff report, which is included as Attachment 1. Staff will also describe required General Plan text amendments necessary to support the Zoning Code Update and the Zoning Map approval process. Those are also described in the September 20, 2023 staff report, which is included as Attachment 1.
One consideration discussed at the October 11 Study Session on the Zoning Code Update was a possible allowance for electric security fences in industrial districts. One community member advocated that such fences should be allowed to improve security. Staff have provided potential Code language that could be added to the Zoning Code Update should the Planning Commission support the idea of allowing electric security fences in industrial districts (Attachment 6).
Staff however does not support this change, as allowances for electric fences would not be consistent with the general goals for the City’s continued improvement. The electric security fences recently considered by the Planning Commission (see File #23-544) are 10 feet in height and are installed behind a perimeter wall or fence 8 feet in height. By allowing electric security fences 10 feet in height, the City would be offering the wrong visual cues regarding safety in industrial districts and would diminish the City’s sense of place.
Staff also finds that electric fences are inconsistent with the General Plan Major Strategy to Enhance City of Santa Clara Printed on 11/9/2023Page 1 of 3
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22-1207 Agenda Date: 11/15/2023
City Identity. That major strategy states, “City identity is an important aspect of community living. It is expressed through the street design, architecture, landscaping and signage. The resulting visual composite plays a significant role in the sense of place.” Electric fences would detract from the more orderly and esthetically improved urban environment that is normally advanced through the redevelopment of older properties.
Additionally, as a part of the development review process, the Police Department reviews projects using the principles of Crime Prevention Through Environmental Design (CPTED), which is a multi- disciplinary approach of crime prevention that uses urban and architectural design and the management of built and natural environments. CPTED strategies aim to reduce victimization, deter offender decisions that precede criminal acts, and build a sense of community among inhabitants.
Police Department staff have indicated that electric fences are not a strategy supported by CPTED.
ENVIRONMENTAL REVIEW
Given that the Zoning Code Update is an implementation action of the 2010 General Plan Update, the City is preparing an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) to cover adoption of the Code. The Addendum will indicate that the adoption of the Zoning Code Update will not result in environmental impacts beyond those described in the General Plan Update EIR.
FISCAL IMPACT
Adoption of the Zoning Code Update would include the creation of regulations around short-term rentals, which would be obligated to pay Transient Occupancy Tax (TOT) as a condition of operation.
These new regulations on short-term rentals would also require additional staff resources to monitor compliance. A future budget amendment is anticipated for the City Council to consider the hiring of a contractor to monitor compliance with short-term rental regulations.
COORDINATION
This item was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
See the September 20 report (Attachment 1) for a full description of public outreach activities during the development of the Zoning Code Update.
Public contact was also made by posting the Council 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Provide an alternate recommendation to the City Council regarding an addendum to the City’s General Plan EIR for the Zoning Code Update
2. Provide an alternate recommendation to the City Council than adopting the General Plan Text Amendments related to the Zoning Code Update, including the removal of manufacturing limitations in the Low- and High-Intensity Office/R+D General Plan designations; allowing City of Santa Clara Printed on 11/9/2023Page 2 of 3
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22-1207 Agenda Date: 11/15/2023
medical uses in the High-Intensity Office/R+D designation; and clarifying the definition of Floor Area Ratio.
3. Provide an alternate recommendation to the City Council than adopting the Zoning Code Update, and give alternate direction to staff regarding preparing a Zoning Code map for future adoption
4. Provide an alternate recommendation to the City Council than recommending that selected sections of the Code go into effect prior to the adoption of a zoning Map, including changes associated with single family districts; reduced parking requirements; the Minor Use Permit process; Zoning Clearances; the simplified Outdoor Seating and Entertainment Permit process; and short-term rental regulations, subject to a nine-month grace period.
5. Provide an alternate recommendation to City Council to adopt the Zoning Code Update, with the inclusion of additional language regarding monitored perimeter security fences.
RECOMMENDATION
1. Recommend that the City Council adopt an addendum to the City’s General Plan EIR for the Zoning Code Update, which is the primary implementation tool of the General Plan
2. Adopt a Resolution recommending that the City Council adopt General Plan Text Amendments related to the Zoning Code Update, including the removal of manufacturing limitations in the Low- and High-Intensity Office/R+D General Plan designations; allowing medical uses in the High-Intensity Office/R+D designation; and clarifying the definition of Floor Area Ratio.
3. Adopt a Resolution recommending that the City Council adopt the Zoning Code Update and give direction to staff to prepare a Zoning Code map for future adoption, and further recommending that selected sections of the Code be in effect prior to the adoption of a zoning Map, including changes associated with single family districts; reduced parking requirements; the Minor Use Permit process; Zoning Clearances; the simplified Outdoor Seating and Entertainment Permit process; and short-term rental regulations, subject to a nine-month grace period Prepared by: John Davidson Principal Planner, Community Development Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Andrew Crabtree, Director of Community Development
ATTACHMENTS
1. September 20, 2023 Report to Planning Commission on the Zoning Code Update
2. Draft Zoning Code with comments and responses
3. Draft Zoning Code (November 2023) weblink
4. Resolution recommending adoption of General Plan text amendments related to the Zoning Code Update
5. Resolution recommending adoption of the Zoning Code Update
6. Report to Planning Commission on a monitored perimeter security fence, File No. 23-544
7. Alternate Resolution including code language regarding monitored perimeter security fences City of Santa Clara Printed on 11/9/2023Page 3 of 3
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