1 City CouncilItem 6 RTC26 – 806Zoning Code Cleanup Ordinance #3August 18, 2026Lesley Xavier, Planning ManagerCommunity Development Framing the Zoning Code CleanupThe Zoning Code is the City’s primary regulatory tool that implements the General Plan. The goal of the Zoning Code cleanup is to further refine the zoning code to be fully consistent with the General Plan and state law.•January 9, 2024, first comprehensive Zoning Code Update adopted •July 16, 2024, the accompanying Zoning Map was adopted•August 20, 2024, the first Zoning Code clean-up ordinance was adopted•June 10, 2025, second cleanup ordinance was adopted2Zoning Code Clean Up1 2 2
Policy Actions•Incorporating the provisions of the (HT) Historic Combining Districts into the Updated Zoning Code–Re-establishes its place within the Code•Allowing for existing Wireless Facilities to be reinstalled as building mounted facilities after redevelopment. •Differentiating institutional uses from assembly uses in the (PQP) public/quasi-public district–Important for new institutional uses like Sutter Health. 3Zoning Code Clean Up Policy ActionsBuilding Height for Public/Quasi-Public DistrictAllowing additional height for institutional uses.4Zoning Code Clean UpCurrent Proposed
18.18.040 (C)Medical Services, Hospitals; Colleges and Universities. On sites of 10 acres or more, Medical Services, Hospital uses and Colleges and Universities are allowed a maximum height of 200 feet and a maximum of 12 stories, subject to any height limits imposed by the FAA due to flightpaths for the San Jose International Airport.” 3 4
3 Consistency Actions•Adding a definition for the term “Dwelling Unit”;•Revising the definition of the term “Demolition” to square with the term presented in the Administration Chapter and State Building Code;•Refining the definition of Smoke Shops for clarity;•Making the General Plan and Zoning Code definitions of Floor Area Ratio consistent with each other; and5Zoning Code Clean Up Consistency ActionsVisibility Clearance DiagramUpdating the Visibility Clearance Diagram following feedback from the Department of Public Works.6Zoning Code Clean Up Current Proposed5
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Consistency w/ State Law ActionsTo be consistent with State Law, the proposed Zoning Code update would also allow: •Fully unbundled parking (no assigned spaces) for multi-family rental projects greater than 15 units per State law.•Exceptions: –Properties with individual tenant garages–Deed-restricted affordable housing units–Units financed with Low-Income Housing Tax Credits–A housing development that is financed with tax-exempt bonds–A unit that is leased to a tenant who receives federal housing assistance under Section7Zoning Code Clean Up Streamlining Actions•Removing the requirement to post mailed public hearing notices on the City’s website, which has not been the City’s practice and is not a part of the Public Outreach Policy; •With the adoption of Citywide Objective Standards, removing the public hearing requirement for architectural review of multi-family development projects; and•Rezoning the Tasman East district from TN (this was a holdover district from the previous Zoning Code) to R6, which is now part of the current code.8Zoning Code Clean Up7 8 5
Planning Commission Recommendation•On June 10, 2026 the Planning Commission held a public hearing and recommended that the City Council adopt the Zoning Code clean-up and ordinance with two modifications: –Smoke shops–Public Hearing Notice•And for the City Council to apply the R6 Transit Neighborhood District to the properties currently zoned TN on the Zoning Map, consistent with the General Plan.9Zoning Code Clean Up CEQA:•The Zoning Code clean-up is an implementation is covered under the Addendum for the 2010-2035 General Plan EIR. The Zoning Code update would not result in environmental impacts beyond those described in the General Plan Update EIR. 10Zoning Code Clean Up9 10 6
Staff RecommendationFor the City Council to:1.Adopt the Zoning Code clean-up ordinance; and2.Apply the R6 Transit Neighborhood District to the properties currently zoned TN on the Zoning Map, consistent with the General Plan.11Zoning Code Clean Up City CouncilItem #6 RTC26 – 806Zoning Code Cleanup Ordinance #3August 18, 2026Lesley Xavier, Planning ManagerCommunity Development 11 12