ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, RENUMBERING CHAPTERS 18.02 THROUGH 18.58 OF THE ZONING CODE, REPEALING CODE CHAPTERS 18.54 AND 18.60 THROUGH 18.120, ADOPTING THE ZONING CODE UPDATE, AND ESTABLISHING AN IMPLEMENTATION SCHEDULE WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the City’s Zoning Code Update, the first comprehensive update of the Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan; and WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the Zoning Code Update will add mixed-use zoning districts that directly align with the City’s General Plan land use designations, including new mixed-use districts for commercial corridors, such as El Camino Real, Homestead Road, and Saratoga Avenue, eliminating the need for time-consuming Planned Development Zonings for mixed-use projects; and WHEREAS, the Zoning Code Update creates new zoning designations for Low-Intensity Office/R&D (LO-RD) and High-Intensity Office/R&D (HI-RD) uses, consistent with the General Plan, recognizing that additional height and development intensity is now a part of the development program for contemporary office uses; and WHEREAS, the proposed code includes additional height allowances for industrial uses with fewer employees, allowing data centers operators to construct larger buildings because of lower occupant loads and therefore less impacts to surrounding uses from traffic; and WHEREAS, the updated Zoning Code includes multiple changes to streamline the permitting of placemaking uses, with a proposed increased allowance for restaurants of up to 24 outdoor seats without a permit; and WHEREAS, the proposed code features a streamlined administrative permit process for temporary outdoor events on private property, such as pumpkin patches and carnivals, as well as live entertainment, provided the entertainment use meets residential separation requirements; and WHEREAS, the proposed parking regulations have been revised to base parking requirements on the floor area of a building, as opposed to requirements based on other criteria, such as number of seats, streamlining the re-tenanting process; and WHEREAS, in response to ongoing community concerns, the updated Zoning Code adds requirements for off-street parking for the duration of construction of residential projects of over 100 units in size; and WHEREAS, in response to concerns about overcrowding in residences, the Zoning Code Update will require that in new or expanded residences, each residential unit maintain a minimum common area (the area dedicated to living rooms, family rooms and kitchens) of 25% of the floor area of the building; and WHEREAS, the proposed Zoning Code Update establishes regulations for short-term rentals, requiring the unit to be owner-occupied and requiring the owner to register with the City, pay the Transient Occupancy Tax (TOT), and meet performance standards; and WHEREAS, the Zoning Code Update will codify the ability to make up to a cumulative 1,000 square foot addition to single-family residences over the life of the building without the need to add a parking space; and WHEREAS, the proposed Zoning Code Update will add by-right exceptions for additions to houses with legal non-conforming side setbacks, provided the addition is to the rear, reducing the need for variances to permit additions with this condition; and WHEREAS, the proposed Zoning Code Update would also increase the amount that unenclosed porches can encroach into the front setback to up to six feet, aligning with current community preferences, reflecting the transition from a visual preference for large, uninterrupted front lawns to homes that are more inviting and pedestrian-oriented; and WHEREAS, the proposed code adds language that will make it easier for the City to conduct Code Enforcement for non-compliant property owners, helping to maintain the look and feel of the City’s neighborhoods; and WHEREAS, in response to community input, particularly from the Old Quad neighborhood, the proposed update will include zoning standards that allow one-and-a-half story Accessory Dwelling Units (ADUs) by right, making more ADU layouts that fit onto more lots possible; and WHEREAS, the Zoning Code Update will create a Minor Use Permit process to allow more streamlined review of non-controversial uses, such as licenses for beer and wine sales at a restaurant; and WHEREAS, the proposed Zoning Code Update includes conforming revisions to address recent changes to state housing laws; and WHEREAS, the Code Update includes changes requested by the State Department of Housing and Community Development as a part of the Housing Element Update, including providing a variety of housing types; providing additional locations for emergency shelters, low barrier navigations centers and transitional housing; and providing a by-right approval process for certain kinds of housing, including emergency shelters; and WHEREAS, the City is proposing to adopt the Zoning Code in advance of the Zoning Map, with an interim period where specified sections of the Code that are not reliant on a newly adopted map apply; and WHEREAS, the City is proposing to defer the implementation of short-term rental regulations for nine months to allow for the establishment of a monitoring and compliance process; and WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021; and WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and WHEREAS, the City Council has reviewed the proposed Zoning Code; and WHEREAS, on November 1, 2023, a joint notice of the public hearing for the November 15, 2023 Planning Commission and December 19 City Council meetings was published in the Weekly, a newspaper of general circulation in the City; WHEREAS, on November 15, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code Update and associated text amendments, at the conclusion of which, the Commission voted to adopt a resolution recommending that the Council adopt the proposed Zoning Ordinance Update; and WHEREAS, in its Resolution, the Planning Commission indicated its support for additional Zoning Code language to allow monitored electric security fences in the LI Light Industrial and HI Heavy Industrial zoning districts, subject to a Conditional Use Permit; and WHEREAS, on December 19, 2023, the City Council conducted a duly noticed public hearing, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed Zoning Ordinance Update; and WHEREAS, before acting on the Zoning Code Update, the City Council reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update were consistent with 2010-2035 General Plan EIR and subsequent specific plan and focus area EIRs, and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR or subsequent EIRs, or create new environmental impacts.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That Chapter 18.54 and Chapters 18.60 through 18.120 of Title 18 (entitled “Zoning”) of “The Code of the City of Santa Clara, California” (“SCCC”) are hereby repealed.
SECTION 2: That SCCC Chapters 18.02 through 18.58 of Title 18 (entitled “Zoning”) are renumbered to Chapters 18.202 through 18.258, inclusive.
SECTION 3: That the City Clerk is directed to renumber all internal cross-references contained in Chapters 18.202 through 18.258 to reflect the new numbering scheme.
SECTION 4: That Section 18.256.010 (“Application”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“The regulations set forth in this chapter apply to all Planned Development – Master Community (PD-MC) zoning districts established prior to January 1, 2024. PD-MC zoning districts established prior to January 1, 2024, may be amended pursuant to Chapter 18.142, but no further PD-MC zoning districts shall be created.” SECTION 5: That the first paragraph of Section 18.256.120 (“Modifications to master community plan and development area plan”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“Modifications to a master community plan shall be considered changes to the zoning map and shall be made in accordance with the procedures set forth in Chapter 18.142 SCCC, Amendments.” SECTION 6: That the Updated Zoning Code is hereby adopted, with the modifications specified below.
SECTION 7: As recommended by the Planning Commission, an alternate version of Section 18.34.060 is hereby adopted, to read as follows:
“18.34.060 – Materials and Maintenance
Graffiti Resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right-of-way, or as determined though the Site Plan and Design Review (Chapter 18.120) process.
Fences and wall in Industrial and Office Zones.
Storage Area allowable fence and wall material. Within the Industrial-Heavy category, storage area screening may include masonry or concrete, metal, or chain-link fencing with wood or vinyl slats.
Security fences and walls. Within all industrial and office zones except Industrial-Heavy, all fencing, or walls shall be wrought iron, concrete, masonry, or other similar materials not to exceed a height of eight feet from the highest finished grade. Chain-link fencing may be used in areas not visible from public rights-of-way.
Maintenance. Fences, walls, and screens shall be continuously maintained in an orderly and good condition and shall always be kept free of graffiti.
Prohibited Fence, Wall, and Screen Materials. The following materials and fence types are prohibited:
Barbed Wire
Razor Wire
Electrified fences, with the exception of monitored perimeter security fence systems, as described in Section E below Use of grease
Broken glass or other sharp materials
E. Monitored perimeter security fence system.
“Monitored perimeter security fence system” means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.
The design, construction, and use of monitored perimeter security fence systems may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.114, subject to the following additional requirements:
1. IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.
2. Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.
3. Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with section 18.34.060 B.
4. Emergency Gate Access. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.
5. Separation. The perimeter security fence shall be set back four (4) inches to twelve (12) inches from the nonelectrified fence or wall in order to prevent inadvertent access to the monitored perimeter security fence.
6. Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twelve and one-half (12.5) gauge galvanized steel wires which are run horizontally, up to the maximum height of ten (10) feet.
7. Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs in compliance with Civil Code § 835(b)(3) that read: “Warning – Electric Fence” at intervals of not more than thirty (30) feet.
8. Location. Monitored perimeter security fence systems shall only be permitted on properties zoned LI Light Industrial and HI Heavy Industrial.
9. Alarm Signal. The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting deployment of law enforcement.” SECTION 8: That in Article 8 (“Definitions”), the definition of “Data Center” is revised to read, “Data Center. A facility that is very limited in the number of on-site staff and contains a large number of networked computer servers typically used by businesses and organizations for the remote storage, and distribution of large amounts of data. Also includes Data Warehouses.” SECTION 9: That in Article 8 (“Definitions”), the definition of “Data Center, ancillary” is also added to read, “Data Center, ancillary. A facility of networked computer servers for private use by an industrial user, and subordinate and accessory to the primary use. Ancillary Data Centers are limited to 20% of the building square footage on a site and a maximum power draw of nine (9) Megawatts.” SECTION 10: That Table 2-13 (“Office and Industrial Zones / Allowed Uses and Permit Requirements”) of Section 18.16.020 (“Office and Industrial Land Uses and Permit Requirements”) of Chapter 18.16 (“Office and Industrial Zones”) is revised to read that Data Centers are a conditionally permitted use in the LO-RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.
Table 2-13 is also revised to include a separately enumerated use for Data Center, ancillary, which is a permitted use in the LO-RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.
SECTION 11: That Subparagraph c of paragraph 2 (“Annual Limit”) of subsection C (“Operating Standards for Short-Term Rentals”) of Section 18.60.250, Short-Term Rentals of Residential Property, which was originally drafted to read, “For purposes of this section, Accessory Dwelling Units are considered unhosted,” is deleted.
SECTION 12: That a new paragraph 7 is added to subsection C (“Operating Standards for Short-Term Rentals”) of Section 18.60.250, Short-Term Rentals of Residential Property of Chapter 18.60 (“Standards for Specific Land Uses”) of Title 18 (“Zoning”), to read, “7. Prohibition on Short-Term ADU Rentals. For purposes of this section, Accessory Dwelling Units are prohibited from being rented on a short-term basis.” SECTION 13: That a new Section 18.60.270 (“Developments Located Within the Airport Influence Area”) is hereby added to Chapter 18.60 (“Standards for Specific Land Uses”) of Title 18 (“Zoning”) to read as follows:
“18.60.270 Developments Located Within the Airport Influence Area.
All projects located within the Airport Influence Area shall be subject to the following requirements:
When measuring development height for consistency with the San Jose 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. The height of any proposed structure is subject to height policies outlined in Sections 4.3.3.1 and 4.3.4.1 of the SJC CLUP and may not exceed the Part 77 Surface immediately above that proposed structure. In the case of structures or objects within the SJC AIA, if that structure or object penetrates the FAR Part 77 surface, the proponent may submit the project data to the FAA for evaluation and air navigation hazard determination, in which case the FAA's determination shall prevail.
To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in in Section 4.3.5.1 and Table 4-2 of the SJC CLUP.
To ensure compliance with noise related policies and guidelines, all proposed housing development / new housing accommodations must conform to the CNEL Noise Compatibility Guidelines and Section 4.3.2.1 and Table 4-1 of the SJC CLUP.
Where legally allowed, dedication of an avigation easement to the City of San Jose shall be required to be offered as a condition of approval on all projects located within an Airport Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC CLUP. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of SJC CLUP.” SECTION 14: Ordinances Repealed. With exception of the provisions protected by the savings clause, and the chapters of the existing zoning code that were renumbered above, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 15: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 16: Effective date. Except as otherwise provided below, 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.” Notwithstanding the foregoing, the following sections shall not take immediate effect:
Those provisions in Chapter 18.10 (Residential Zones) of Article 2 (Zones, Allowable Uses, and Development Standards) that apply to the R2, R3, R4, R5, R6, PH-R5, UC, UV, and HD Flex zones, until such time as the City Council adopts a revised zoning map; Chapters 18.12 through 18.20 of Article 2 (Zones, Allowable Uses, and Development Standards), until such time as the City Council adopts a revised zoning map; and Section 18.60.250 (“Short-Term Rentals of Residential Property”) of Chapter 18.60 (“Standards for Specific Land Uses”) of Article 4 (“Standards for Specific Land Uses”), for which the implementation is deferred for nine (9) months to allow time for the establishment of a monitoring and compliance program.
PASSED FOR THE PURPOSE OF PUBLICATION this 19th 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: (type None here or type brief description below)
1. Zoning Code update document
Ordinance/Zoning Code Update Page 2 of 11
Rev: 09/2019