RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA ADOPTING GENERAL PLAN AMENDMENT #98 TO (1) REMOVE THE LIMITATIONS ON MANUFACTURING IN THE LOW- AND HIGH-INTENSITY OFFICE/R&D GENERAL PLAN DESIGNATIONS; (2) ALLOW MEDICAL USES IN THE HIGH-INTENSITY OFFICE/R&D DESIGNATION; AND (3) CLARIFY THE DEFINITION OF FLOOR AREA RATIO.
SCH # 2008092005
PLN23-XXXXX (Zoning Code Update, General Text Amendments, and Addendum to the General Plan EIR) 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 General Plan also includes regulatory elements that channel and constrain development, including limitations on the amount of land area that can be dedicated to manufacturing uses within certain industrial designations; prohibitions on specific uses within industrial designations; and definitions that assist in regulating land use, including the definition of Floor Area Ratio (FAR), which describes the bulk of a building; 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 City desires to remove the area limitation on manufacturing in the Low- and High-Intensity Office/R&D districts to allow for use mixes that reflect the current industrial office market, and are also reflective of the existing uses of buildings in North Santa Clara; and WHEREAS, new combinations of uses are being proposed, including manufacturing of medical devices and outpatient procedures involving those devices; and WHEREAS, the City wishes to clarify the definition of Floor Area Ratio to better regulate the bulk of a building by including the area of a building dedicated to parking and by not including the area of a building below grade in the calculation of FAR; 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; and 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, October 27, 2021, and September 20, 2023, 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 General Plan text amendments; 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 General Plan text amendments, at the conclusion of which, the Planning Commission voted to adopt a resolution recommending that the City Council adopt the proposed General Plan text amendments (7-0-0); and WHEREAS, on December 19, 2023, the City Council conducted a duly noticed public hearing to consider the General Plan text amendments, 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 General Plan text amendments; and WHEREAS, in considering the General Plan text amendments the City Council has reviewed and considered the potential environmental impacts and determined that the environmental effects of the proposed General Plan text amendments were consistent with 2010-2035 General Plan EIR, as addended, and that the proposed General Plan text amendments did not alter the conclusions of the adopted General Plan EIR.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. General Plan Amendment Findings. That the City Council finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:
A. The proposed General Plan Amendment is deemed to be in the public interest, in that:
The proposed General Plan Amendment is a prerequisite to the adoption of the Zoning Code Update, in that the Zoning Code Update does not include any area limitations on manufacturing within the Low- and High-Intensity Office/R&D districts, in contrast to the adopted General Plan, and a General Plan text amendment is required to maintain consistency between the two documents; and The proposed General Plan Amendment removes the prohibition on medical facilities in the High-Intensity Office/R&D designation, allowing for the combination of medical facilities for outpatient procedures and manufacturing uses on the same site, which will help further the range of medical services that can be offered within the City; and The proposed clarification of FAR will better regulate the bulk of a building, helping to make the relative sizes of buildings consistent with each other, regardless of the amount of building area devoted to parking or the amount of building area below grade.
B. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that:
The Project furthers and is consistent with the goals, policies and major strategies of the General Plan that enhance the City’s quality of life, preserve and cultivate neighborhoods, promote sustainability, enhance City identity, support Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, and maximize health and safety benefits by allowing for consistency between the proposed zoning code update and the City’s General Plan.
C. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that:
The proposed General Plan Amendment does not present any new or significantly increased environmental impacts beyond those disclosed in the Santa Clara 2010-2035 General Plan EIR, as addended.
D. The potential impacts of the proposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that:
The project as proposed is consistent with the analysis and conclusions of General Plan EIR, as addended.
3. That City Council hereby amends Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”) of the General Plan, by amending the second paragraph under the heading “Land Use Classifications” to read as follows:
“Both density and intensity are calculated on gross land area. ‘Densities’ are specified as a range of housing units per gross acre, with required minimum and maximum limits, in residential and mixed-use classifications. For non‐residential and mixed‐use classifications, “intensity” is measured as floor area ratio (FAR). FAR is a broad measure of building mass. It is calculated as the ratio of the gross floor area of a building or buildings, at or above grade, to the gross area of the site. The text box and illustration provides additional detail for FAR. Residential density and non-residential land use intensity are measured independently, but can be considered together in evaluating individual land use proposals, such as those for mixed use developments. Density and intensity bonuses, such as those for affordable housing in accordance with State law, are in addition to the maximum densities and intensities permitted. Criteria for density and intensity bonuses are provided in Section 5.5.1: Discretionary Use Goals and Policies.”
4. That City Council hereby amends the General Plan by removing the limitation on building area devoted to manufacturing within the Low-Intensity Office/R&D General Plan designation in Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”), by amending the land use classification to read as follows:
“Low-Intensity Office/Research and Development (R&D)
This classification is intended for campus‐like office development that includes office and R&D, as well as medical facilities and free standing data centers, with manufacturing uses limited to a maximum of 20 percent of the building area. It is typically located in areas that provide a transition between light industrial and higher‐intensity office and R&D uses. It includes landscaped areas for employee activities and parking that may be surface, structured or below‐grade. Accessory, or secondary, small scale supporting retail uses that serve local employees and visitors are also permitted. The maximum FAR is 1.00.”
5. That City Council hereby amends the General Plan by removing the limitation on building area devoted to manufacturing and eliminating the prohibition on medical services within the High-Intensity Office/R&D designation in Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”), by amending the land use classification to read as follows:
“High-Intensity Office/Research and Development (R&D)
This classification is intended for high‐rise or campus‐like developments for corporate headquarters, R&D and supporting uses, with landscaped areas for employee activities. Permitted uses include offices and prototype R&D uses. Data centers under this designation are limited to those that serve the use on‐site. Medical facilities, except pharmacies, are not allowed. In addition, manufacturing uses are limited to less than ten percent of the building area. Accessory, or secondary, small‐scale supporting retail uses that serve local employees and visitors are also permitted. Parking is typically structured or below‐grade. The maximum FAR is 2.00, excluding any FAR devoted to supporting retail uses.”
6. That City Council hereby amends the General Plan by adding the following definitions related to Floor Area Ratio to Appendix 8.2 (“Definitions”) of the General Plan:
““Acres, Gross. The entire acreage of a site, including easements. “Acres, Net. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights of way, public open space, easements and floodways. “Area, Gross. The entire area of a site, including easements. “Floor Area Ratio (FAR). The gross floor area of a building or buildings, at or above grade, divided by the total gross area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net sq. ft. of land area, a Floor Area Ratio of 1.0 will allow a maximum of 10,000 gross sq. ft. of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 sq. ft. of floor area; an FAR of 2.0 would allow 20,000 sq. ft.; and an FAR of 0.5 would allow only 5,000 sq. ft. FARs may be applied on a parcel-by-parcel basis or as an average for an entire site under a single development proposal. “Floor Area Ratio, Commercial. For the purpose of determining the required commercial areas of mixed-use projects, the commercial floor area ratio is the floor area of a building devoted to commercial uses, not including parking areas, divided by the gross lot area. “Single Development Proposal. An application for an entitlement affecting multiple contiguous parcels and authorized by the owners of all of the affected properties, including but not limited to an application for a building permit, architectural review, rezone, general plan amendment, or subdivision.”
7. That based on the findings set forth in this Resolution, the EIR Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearing on this matter, the City Council hereby amends the General Plan Amendment.
8. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 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: None
Resolution/General Plan text amendments related to the Zoning Code Update Page PAGE 1 of 7 Rev: 7/27/2023
Ordinance/*Insert brief description Page PAGE 1 of *
Rev: 03-09-10; Typed: *Insert date