Ordinance 2013-08I
ORDINANCE NO. 2013-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING ZONING ORDINANCE AND ADDING IT
AS A NEW CHAPTER 30 TO THE GILROY CITY CODE
ENTITLED "ZONING" AND REPEALING SECTIONS 1
THROUGH 54 AND ORDINANCE NO. 85 -15 "GILROY ZONING
ORDINANCE" IN THEIR ENTIRETY
WHEREAS, the California Constitution, article XI section 7, confers on the City
of Gilroy ( "City ") the power to make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the proposed Gilroy Zoning Ordinance (Z 13 -05 / Zoning
Ordinance Update) will amend the current Gilroy Zoning Ordinance Sections 1 through
54, which will be re- adopted as a new Gilroy City Code Chapter 30; and
WHEREAS, the proposed Gilroy Zoning Ordinance will also repeal Ordinance
No. 85 -15 and former Zoning Ordinance Sections 1 through 54 in their entirety; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
June 6, 2013, at which time the Planning Commission considered the public testimony,
the staff report dated June 6, 2013, ("Staff Report"), and all other documentation related
to the Gilroy Zoning Ordinance, and recommended that the City Council approve said
Gilroy Zoning Ordinance; and
WHEREAS, the City Council agendized a duly noticed public hearing on July 1,
2013, and continued the matter to July 15, 2013; and
WHEREAS, the City Council held a duly noticed public hearing on July 15,
2013, at which time the City Council considered the public testimony, the supplemental
staff reports dated June 17, 2013 and July 15, 2103, the Staff Report, and all other
documentation related to the proposed Gilroy Zoning Ordinance; and
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070313 - 04706089
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WHEREAS, this Gilroy Zoning Ordinance is exempt from environmental review
pursuant to Section 15061(b)(3) of the State Guidelines implementing the California
Environmental Quality Act of 1970, as amended, because it can be seen with certainty
that there is no possibility that said amendments may have a significant effect on the
environment; and
WHEREAS, the location and custodian of the documents or other materials
which constitute the record of proceedings upon which this project approval is based is
the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council fords that:
1. The proposed Zoning Ordinance is consistent with the intent of the goals and
policies of the City's General Plan, and with the intent of the land use designation on
the General Plan Land Use Map.
2. The proposed Zoning Ordinance will not be detrimental to the public welfare or
injurious to persons or property in the vicinity.
SECTION II
The Gilroy Zoning Ordinance Sections 1 through 54 are hereby amended as set
forth in Exhibit "A" and a true and accurate copy of which is attached hereto and is
incorporated by this reference.
SECTION III
The Gilroy Zoning Ordinance as set forth in Exhibit "A" is hereby adopted as a
new Gilroy City Code Chapter 30.
SECTION IV
The former Gilroy Zoning Ordinance Sections 1 through 54 and former
Ordinance No. 85 -15 are hereby repealed in their entirety. To the extent that the terms
Wl174183.3 ORDINANCE NO. 2013-08
070313-04706089
3
and provisions of the new Gilroy City Code Chapter 30 may be inconsistent or in
conflict with the terms or conditions of any prior city ordinances, the terms of the new
Gilroy City Code Chapter 30 shall prevail and such inconsistent or conflicting
provisions of prior ordinances are hereby repealed.
SECTION V
The provisions of the new Gilroy Chapter 30 shall apply to all projects that have
not been deemed complete by the effective date of this Ordinance.
SECTION VI
If any section, subsection, subdivision, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by
any court of competent jurisdiction, the validity of the remaining portion of this
Ordinance shall not be affected thereby.
SECTION VII
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall
be in full force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 5"' day of August, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN,
BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and
GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Donald Gage, Mayor
L-
\JH\1174183.3 ORDINANCE NO. 2013-08
070313. 04706089
ZONING SECTION 1
INTRODUCTION
Section 1.10 Statement of Intent
The intent of this Ordinance is to promote and protect the public health, safety,
peace, comfort, convenience and general welfare. It is adopted for the following
more particular purposes: .
(a) to assist in providing a definite comprehensive plan for sound and orderly
development, and to guide and regulate each development in accordance
with the General Plan and the objectives and standards set forth therein;
(b) to protect and improve the established character and the social and
economic stability of agricultural, residential, commercial, industrial and other
areas of Gilroy;
(c) to provide light, air, privacy and convenience of access to property; and to
promote safety from fire and other dangers;
(d) to prevent overcrowding of land and undue congestion of population;
(e) to regulate the location of buildings and the use of buildings and land so as to
prevent undue interference with existing or prospective traffic movements on
public thoroughfares;
(f) to pre -zone unincorporated territory adjoining the City for the purpose of
determining the zoning that shall apply to such property in the event of
subsequent annexation to the City.
Section 1.20 Short Title
This Ordinance shall be known and referred to as the "Gilroy Zoning Ordinance."
Section 1.30 Application of the Zoning Ordinance
The Gilroy Zoning Ordinance is intended to apply to all lands, buildings and
structures, regardless of ownership, within the incorporated area of the city of Gilroy.
Section 1.40 Relationship of the Zoning Ordinance and the General Plan
Section 1.41
The General Plan is a comprehensive, long- range, general policy statement
for the entire community. The General Plan designates appropriate locations
and densities for residential, commercial, industrial, agricultural, public, and
open space uses. In comparison, the Zoning Ordinance is a specific
statement of permissible uses of land by zoning district designed to control
the use, type, bulk, height, space and location of buildings and land. The
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Zoning Ordina.._.e is the primary tool by which the G.., implements the
policies of the General Plan. The Zoning Ordinance is intended to be applied
to the City based on land use designations established in the General Plan.
Section 1.42
The Zoning Ordinance shall be consistent with the General Plan of the City of
Gilroy. Where inconsistencies do exist, the Zoning Ordinance shall control
the use and development of such land until such time as the City Council
revises the Zoning Ordinance to achieve consistency.
Section 1.50
The City Council shall from time to time establish, by resolution, a schedule of fees
for requests for any amendment or procedure pertaining to this Ordinance. No
action shall be taken on any application until all applicable fees have been paid in
full. Fees collected for applications shall not be refunded unless the Planning
Director determines that the application is unnecessary, invalid, or inappropriate.
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ZONING SECTION 2
DEFINITIONS
Section 2.10 Word Construction
Words used in the present tense include the future; words in the masculine include
the feminine; words in the singular number include the plural; and words in the plural
number include the singular. The word "building" includes the word "structure;" and
the word "shall' is mandatory and not directory. The term "City Council' shall mean
the City Council of the City of Gilroy, California; the term "Planning Commission"
shall mean the Planning Commission of the City of Gilroy, California, and the word
"City" shall mean the incorporated area of the City of Gilroy.
Section 2.20 Definitions
For the purpose of this Ordinance certain terms used herein are defined as follows:
Abandoned sign
A sign located on a parcel of land or on a structure either of which is vacant for a
period of ninety (90) days, a sign pertaining to a past occupant or business different
from the present occupant of or business on the premises, a sign pertaining to a
past event or any sign abandoned as the term is used in the law of California.
Abutting
Land having a common property line or district boundary line or separated only by a
private street, alley or easement.
Accessory Buildinq (or structure)
Buildings, both permanent and temporary, which are:
1. Located on the same lot as the principal building or use;
2. Subordinate to and serve a principal building or principal use;
3. Subordinate in area, extent, or purpose to the principal building or principal
use; and
4. Contribute to the comfort, convenience, or necessity of occupants of the
principal building or principal use.
Accessory Dwelling Unit
An additional dwelling unit located on a lot zoned for Single- family Residential uses
having sleeping, kitchen and sanitation facilities and being attached to or detached from
an existing single - family dwelling located on the same lot.
Ancillary Use
A use which is:
1. Subordinate to and serves a principal use;
2. Subordinate in area, extent or purpose to the principal use;
3. Part of a single business for commercial and industrial uses;
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4. Contributing to the comfort, convenience or necessity of occupants of the
principal use; and
5. Located on the same lot as the principal use.
Advertising
Any announcement, description or presentation calling public attention to goods or
services offered for sale.
Agency
An office or commercial establishment in which goods, material or equipment is
received for servicing, treatment or processing elsewhere.
Agent of Owner
A person who can show written proof of authorization to act for a property owner.
Agriculture
Farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture and animal
or poultry husbandry, but not including the commercial feeding or garbage or offal to
swine or other animals.
Alley
A public access driveway or lane not exceeding thirty (30) feet in width which
provides only a secondary means of access to abutting property.
Animal Hospital
A facility providing medical care for small and/or large animals which includes
boarding the animals two (2) or more days.
Animal Husbandry
The care and breeding of domestic farm animals such as cattle, hogs, sheep, and
horses.
Antenna
A "conductor" erected for the transmission and /or reception of radio, television or
other electromagnetic microwave signals.
Apartment House
Any building or portion thereof which is designed and built for rental occupancy by
three (3) or more households.
Arcade
Arcade means any public place of amusement or public place of business in which
five (5) or more mechanical amusement devices are installed, and includes any
place open to the public, whether or not the primary use of the premises is devoted
to the operation of such amusement devices.
Attached Sign
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A sign which is affixed to and made an integral part of a building or structure.
Attached signs include wall signs, roof signs, and projecting signs, to distinguish
them from freestanding and monument signs.
Average Slope
The mean slope in the elevation of an area of land, determined by the formula:
S = .00229 1 L where
A
S = Average percentage slope
I = Contour interval in feet
L = Summation of individual contour lengths in scale feet
A = Gross area of property in acres
Awning
A shelter, projecting over a property, supported entirely from the exterior wall of a
building and composed of a collapsible frame covered completely with non -rigid
material.
Banner
A temporary advertising display consisting of fabric, canvas, plastic or paper
material, which is attached to a building.
Basement
A usable space within a building, partly or wholly underground, and having more
than one -half (1/2) of its height, measured from its floor to its finished ceiling below
the average adjoining grade. (See also Story.)
Bed and Breakfast Establishment
A residential structure, used as a lodging establishment in which the manager is an
occupant in the structure and receives compensation in exchange for providing
overnight sleeping accommodations which contain no cooking facilities, on a less than
weekly basis, and in which breakfast is included as part of the basic compensation.
Billboard
A sign, other than a directional sign, which directs attention to a business,
commodity, service or entertainment conducted, sold or offered at a place other
than on the parcel where the sign is erected. Included are signs erected upon
benches.
Block
The area consisting of all property abutting one side of a street, between
intersecting and intercepting streets, or between a street and a railroad right -of -way,
waterway, dead -end street, City boundary or undivided acreage.
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Boarding House
A building or portion thereof, other than a hotel, where lodging and regular meals for
three (3) or more persons are provided for compensation or profit.
Buildinq
A structure having a roof supported by columns and /or walls and intended for the
housing or shelter of any persons, animals or property.
Building Coverage
The land area covered by all of the main and accessory buildings on a lot, including
all projections except eaves, and including enclosed drive -up areas, patios and
porches, measured from the support posts.
Building Height
The vertical distance measured from the average finished soil grade at the base of
any exterior wall to the highest point of the roof, ridge, or parapet wall.
Building Site
The land area of a lot which may be occupied by the permitted main building.
Build -out Schedule
The maximum number of dwelling units assigned to each residential development
project for which building permits may be issued each calendar year. The total of all
assigned build -out schedules, for each year, shall not exceed the Numerical Limit
set by City Council resolution for that calendar year.
Bulletin Board
A sign located on the same premises and used solely in connection with activities of
a church, school, hospital, or public building, and allowing changeable messages.
Business
A commercial entity operating in the City of Gilroy with an approved Business
License.
Business Frontage
The portion of a building which faces and has access to a street, parking lot,
pedestrian mall, or walkway. The primary business frontage is one which contains
a customer entrance or which includes a glass - enclosed showroom. If a building
has more than one (1) business frontage with a customer entrance, the property
owner must designate one (1) of them as the primary business frontage. Unless
otherwise stated, the phrase "business frontage" means "primary business
frontage ". All other business frontage is secondary frontage.
Card Rooms
An establishment where legal gambling is conducted and regulated pursuant to City
of Gilroy ordinances.
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Caretaker's Quarters (or Residence)
A non - rental residential unit built as part of a commercial or industrial use for the
sole purpose of providing shelter for an employee, caretaker, or security personnel
for the commercial or industrial use.
Carport
A shelter for one (1) or more automobiles which is not enclosed on at least two (2)
sides by walls and doors.
City Council
The elected City Council of the City of Gilroy.
Clustering
The practice of grouping residential units within a close proximity, and utilizing the
surplus land thus saved for common open space, landscaping, recreations, etc.
Combining District
A zoning district within which certain regulations and requirements apply in addition
to, and in combination with, regulations and requirements of the base zoning district.
Common Open Space
The area generally used for landscaping and /or recreation which is held in joint
ownership by all of the owners of a condominium development and which is jointly
maintained by the owners.
Competitive Evaluation
The process of comparing the Project Rating Scale point rating of projects in order
to determine priority in receiving yearly allocation of dwelling units.
Condominium
A distinct unit, under separate ownership, which is a portion of a multiple -unit
building or development in which such ownership includes an interest in common
areas. Condominium units may have one (1) or more common walls with other
units.
Conservation Land
Land which possesses or encompasses natural resources. This includes, but is not
limited to, streams, watersheds, groundwater recharge, soils, wildlife habitat as
defined herein, special land forms and natural vegetation.
Construction Sign
A sign located on a construction site during the course of construction, which
identifies the architects, engineer, contractors, financiers or other persons and other
individuals or firms involved with the construction, or announcing the building,
enterprise or function for which the construction is intended.
Corner Lot
A lot bounded on two (2) or more contiguous sides by City streets.
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Corner Triangle
A triangular- shaped area bounded by corner property lines and a line connecting
those lines from points thereon which lie twenty (20) feet from the intersection of the
projected property lines.
Corporate Office
An office complex designed as the headquarters of a commercial or industrial
corporation.
Dance Area
Dance area is defined, for large and medium dance venues, to include the area
designated as the dance floor area on the Floor Plan submitted with the application
for a Public Dance Permit to the Police Department or with the applications for a
Downtown Special Use Permit submitted to the Community Development
Department.
Dance Venue, Large
A venue where public dancing occurs in which the dance is larger than 441 square
feet or 25% of the public access floor area.
Dance Venue, Medium
A venue where the dance floor area is up to 25% of the public access floor area,
however, in no case is it large than 441 square feet. The use shall be associated
with a full service restaurant or theater with hot food available at all times the
establishment is open.
Dance Venue, Small
A venue where occasional, spontaneous public dancing occurs in which the area of
spontaneous dancing and the performance area combined is less than 150 square
feet, and the dancing is not advertised and entertainment is incidental to the
approved use.
Day Care Center
A facility in which the primary use is the provision of childcare services in
accordance with the regulations of the State of California.
Deck
A structure, usually of wood, build to extend the finished floor surface of a building
into outdoor areas (reference section 39.40).
Dish Antenna
An antenna which has a solid, mesh, or nearly -solid surface area greater than five
(5) square feet.
Double -Faced Sign
A sign designed to be viewed from two (2) directions and which at no point is thicker
than twenty -four (24) inches measured form the exterior surface of each face. The
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two (2) faces of a double -faced sign are either parallel or the angle between them is
thirty degrees (30E) or less.
Drive-in
An enterprise or business activity or other use of land consisting of sales or service
activity rendered to patrons who normally receive the products or services while in
automobiles upon the premises, including, but not limited to, automobile service
stations, drive -in restaurants and drive -up banks.
Duplex
A building designed for and intended to be occupied as living quarters by two (2)
families living independently of each other.
Dwelling or Dwelling Unit
A building or mobile home designed for and /or occupied as a residence by one (1)
or more families.
Dwelling Group
A group or two (2) or more detached residential buildings occupying a parcel of land
in one (1) ownership.
Educational Facility
Colleges, universities, tutoring centers, and vocational or trade schools for adults or
minors. This definition excludes kindergartens, elementary schools, junior high schools,
senior high schools, or special institutions of learning under the jurisdiction of the State
Department of Education, which are defined by this Ordinance as Schools.
Enti
A person or distinct business enterprise. Where adjacent business enterprises are
owned or operated by a single person, each enterprise is an entity.
Environmental Assessment
The process of determining the impact of proposed projects on the environment.
The review process is carried out in accordance with the California Environmental
Quality Act and City Guidelines.
Erect
To build, construct, place, relocate, enlarge, alter, attach, suspend, paint, post,
display, hang, affix or maintain a sign or other structure.
Family
One (1) or more persons, occupying premises and living together as a single
housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity,
or sorority.
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Family Day Care Home
A home that regularly provides care, protection, and supervision for 14 or fewer
children, in the provider's own home, for periods of less than 24 hours per day, while
the parents or guardians are away.
Fascia
A flat horizontal band with a vertical face located on a building below the roofline.
Fence or (Wall)
Any structure made of wood, metal, masonry, shrubbery or other material forming a
physical barrier which supports no load other than its own weight and which is
designed to delineate, screen or enclose a field, yard, lot or other land area.
Fence Height
Fences in the front setback area:
The vertical distance from the top of the curb closest to the fence or wall to the top
of the fence or wall.
All other fences:
The difference in elevation of the ground surface continuously along the base of the
ground level of the higher side of the fence to the top of the fence. Where a fence is
erected on top or within three (3) feet of a retaining wall, the height of the fence shall
include the retaining wall.
Freestanding Sign
A sign which is wholly or partly supported by a structural element which is not an
integral part of a building. Portable signs and signs on fences shall be considered
freestanding signs.
Freeway
A limited access highway, as defined in the California Street and Highway Codes.
Front Lot Line
The property line along a lot's street frontage. If any official plan line has been
established for the street upon which the lot fronts, the official plan line shall be
considered the front lot line. For developed lots with more than one (1) street
frontage, the street frontage towards which the main building fronts shall be
considered the front lot line, except if the main building was clearly constructed
under reverse conditions. If the lot is vacant, the shortest street frontage shall be
considered the front lot line.
Front Yard
The required setback area extending across the front of the lot between the side
yard lines and measured from the front lot line to the front setback line.
Garage - Residential
An attached or detached accessory building used for the storage of vehicles or
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trailers by the families who reside upon the premises, including any covered parking
space or carport.
Garage - Commercial
A building designed or used on a commercial basis for the temporary storage of
operable motor vehicles.
Gross Floor Area outside of the Downtown Specific Plan Area
The sum of all of the areas of all levels or stories of a structure as measured from
the exterior faces of the walls enclosing the structure.
Gross Floor Area within the Downtown Specific Plan Area
The sum of the gross horizontal areas of all floors of a building measured from the
exterior faces of the exterior walls or from the centerline of walls separating adjacent
buildings. Gross floor area does not include parking areas, basements where at
least one half of the floor -to- ceiling height is below grade, attic space having a floor -
to- ceiling height less than seven feet, open stairways, walkways, porches and
balconies, and common areas not served by heating and or air conditioning.
Hedge
Plants, trees or shrubs planted in a continuous line to form a dense thicket or
barrier. For the purpose of this Ordinance, a hedge is a fence.
Home Occupation
A business activity conducted entirely within or from an enclosed dwelling.
Hotel
Any building, portion of a building, or group of buildings containing guest rooms
which is designed, used, or intended for use for the accommodation of transients on
a commercial basis.
Identification Sign
A sign which is limited to the name and address of a business, institution or person
and to the activity or product carried on in the business or institution or the
occupation of the person.
Interior Lot
Any lot other than a corner lot.
Key Lot
The first lot to the rear of a comer lot, the front line of which is a continuation of the
side line of the corner lot, and fronting on the street which intersects or intercepts
the street on which the corner lot fronts.
Laundromat
A place where patrons wash, dry or dry-clean clothing or other fabrics in machines
operated by the patron.
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Liquor Sales /Bars (On -site Consumption)
An area primarily devoted to the serving of alcoholic beverages and in which the
service of food is only incidental to the consumption of such beverages.
Living Area
The interior habitable area of a dwelling unit, including basements and attics, and
excluding garages.
Lot
A parcel of land under one (1) ownership used or capable of being used under the
regulations of this Ordinance, and including all required yards and other open
spaces.
Lot Area
The computed area contained within the lot lines of a parcel as recorded under a
Record of Survey Map, approved as provided in the Subdivision Map Act, except
that the access strip of a flag lot shall be excluded in the computation of required lot
area.
Lot Coverage
That portion of a lot covered by all main and accessory buildings on the lot.
Lot Depth
The average distance from the front lot line to the rear lot line.
Main Building
The largest building on a lot in which the principal land use of the lot takes place.
Manufactured Housing
Housing which was structurally assembled in a remote location and transported to
its eventual site..
Marquee
A temporary or permanent roofed structure usually projecting above an outer door
and attached to or supported by a building, which is designed for use as a reader
board sign.
Master Plan
A project located within the City of Gilroy, submitted under a Planned Unit
Development (PUD) process, with completed CEQA (California Environmental
Quality Act) analysis, reviewed by the Planning Commission review and adopted by
the City Council.
Mechanical Amusement Device
Any machine, device, apparatus or other instrument (including, but not limited to,
electronic games, marble games and pinball games) the operation of which is
permitted, by the payment of any fee or fees for its use, and the use or possession
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of which is not prohibited by any laws of the State of California.
Membrane Accessory Structure
An accessory structure covered by a thin, soft, or pliable sheet or layer, such as
canvas, plastic, metal, or fabric.
Museum
A building, place, or institution devoted to the procurement, care, study, and display
of objects of lasting interest or value.
Mobile Home
A type of manufactured housing, designed or used for residential occupancy, built
upon or having a frame or chassis to which wheels may be attached by which it may
be transported, whether or not such structure actually has, at any given time, such
wheels attached. Mobile homes do not include recreational vehicles, trailers, or
commercial coaches.
Monument Sign
A low - profile, freestanding sign seven (7) feet or less in height.
Motel
A building or group of buildings on the same lot, containing guest rooms, used or
designed for use for the accommodation of transients on a commercial basis, which
are independently accessible from the outside. The term includes any building or
building groups designated as an auto court, motor lodge, or tourist court.
Motor Home
A self - powered vehicle designed, equipped or used as a dwelling or for living or for
sleeping purposes.
Multi -Faced Sign
A multi -faced sign is a sign, including advertising statuary, which has four (4) or
more faces and which is designed to be viewed from more than two (2) directions.
Multiple Family Building
A building or structure designed and intended to be occupied as living quarters by
three (3) or
more families, living independently of each other.
Neighborhood Recreational Facility
A land use designed to provide recreational, aesthetic, ornamental, horticultural (e.g.
community gardens) or childcare services to local residents at a neighborhood
scale.
Non - Conforming Building
A building or structure or portion thereof lawfully existing on the effective date of this
Ordinance, which does not conform to the property development standards of this
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Ordinance for the zoning district in which it is located.
Non - Conforming Lot
A lot existing on the effective date of this Ordinance or amendment to this
Ordinance, that does not conform to the lot requirements of this Ordinance.
Non - Conforming Sign
A sign which was lawfully erected but does not comply with this Ordinance due to
annexation of the property to the City, or amendment to the Zoning Ordinance or
Map by a person other than the owner of the real property on which the sign is
erected. This definition does not include signs which were lawfully erected but
which do not comply with this Ordinance due to division of real property on which
the sign is erected, alterations to any building on the parcel where the sign is located
or rezoning by the owner of the real property where the sign is located.
Non - Conforming Uses
A utilization or occupancy of any site lawfully utilized or occupied on the effective
date of this Ordinance or amendment to this Ordinance, which is not a permitted use
for the district in which it is located, according to this Ordinance.
Numerical Limit
The total number of dwelling units for residential development projects not
exempted by Section 50.62(b) for which building permits may be issued within the
City during a given calendar year. The Numerical Limit is set by resolution of the
City Council.
Off -Site Sign
A sign, such as a billboard, which is not located on the same parcel of land as the
entity or product it advertises.
Open Space
Any parcel or area of land essentially unimproved or in its natural state and which is
designated in the General Plan for and devoted to an open space use including, but
not limited to, public recreation, enjoyment of scenic beauty, conservation or use of
natural resources, production of food or fiber, protection of man and his artifacts,
buildings or property because of environmentally hazardous areas, containment and
structuring of urban development, and preservation of historical sites.
Park
See Public Park.
Parking Lot
An area of land, a yard, or other space on a lot legally used for and designed for
access and parking by standard motor vehicles.
Parking Space
Land or space which is owned, paved, laid out for, and used or designed to be used
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for a standing vehicle.
Person
"Person" shall mean any individual, firm, co- partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, business trust, receiver,
syndicate, county, city and county, municipality, district, joint powers authority or
other political subdivision, or any other group or combination acting as a unit.
Personal Services
Commercial uses providing needed services of a personal nature. Personal
services generally include barber and beauty shops, nail salons, tanning and spa
salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk
processing plants), and self service laundries.
Planning Commission
The Planning Commission of the City of Gilroy.
Planning Manager
The person employed by the City as Head of the Planning Division of the City of Gilroy.
The Planning Manager also serves as Zoning Administrator and Secretary of the
Planning Commission.
Political Sign
A sign which is intended to influence the vote for the passage or defeat of a
measure, or nomination, election or defeat of a candidate in any governmental
election.
Portable Sign
A sign which is movable, not structurally attached to the ground, nor attached to a
building. Such sign may or may not be in the configuration of an "A ".
Project Rating Scale
A measuring device, composed of a number of general and specific rating criteria
relating to project design, location, and other characteristics, used for assigning
point ratings to proposed residential projects.
Projecting Sign
A sign erected on the wall of a building or structure, or suspended from an
overhang, with display surfaces generally not parallel to the wall.
Promoter
Any person who is directly or indirectly responsible for the promotion of the public
dance as evidenced by activities such as, but not limited to contracting with the
principals, selecting entertainment, advertising or otherwise holding out the event to
members of the general public, inviting participants to the event, renting or
controlling the event site, or serving as a designated on -site representative while the
public dance is occurring.
2 -13
Public Access Floor Area
The combined area within a single venue in which public dancing occurs that
includes seating areas, stage, dance floor, dining areas, bar areas, reception areas,
and foyers, but does not include kitchens, restrooms, storage areas, food
preparations areas and busing areas.
Public Dancing
Dancing that occurs by persons (other than performers) in or upon any premises
that members of the general public are admitted to, during any planned or
unplanned event, as either the main purpose of the event or as incident to some
other purpose, with or without payment of a fee, charge or other consideration.
Public Park
A park, playground, swimming pool, or athletic field within the City of Gilroy which is
under the control, operation, or management of the City or County Parks and
Recreation Department or the Gilroy Unified School District.
Reader board Sign
A sign which is designed for manual or electrical changing of copy.
Realty Sign
A sign of a temporary nature which pertains to the sale, lease, rental, or display of
existing lots or buildings or other facilities.
Rear Yard
The required setback area extending across the full width of the lot and measured
between the rear lot line and the rear setback line.
Recreational Vehicle
A vehicular unit not exceeding forty (40) feet in overall length, eight (8) feet in width,
or twelve (12) feet in overall height, primarily designed as temporary living quarters
for recreational, camping or travel use. Such a vehicle either has its own motive
power or is designed to be mounted on or drawn by an automotive vehicle.
Recreational vehicle includes motor homes, truck campers over seven (7) feet in
height, travel trailers and camping trailers, but not vans or trucks with campers less
than seven (7) feet in height.
Religious Institution
A building which is used primarily for religious worship and /or related religious
activities.
Residential Care Home
A resident - occupied dwelling, licensed by the State /County; in which children and /or
adults are cared for on a full -time, live -in basis.
Residential Project
A development project which will result in the construction of new dwelling units in
2 -14
the City. Residential projects include single family, multiple family, mobile home and
condominium dwelling units. Such projects may or may not involve the subdivision
of land.
Retaining Wall
A wall designed to contain soil on one side of the wall which is at a higher elevation
than that on the other side of the wall.
Ridgeline
The highest point along the crest of a hillside from which the contours descend in at
least two (2) directions.
Roof Sign
An attached sign erected on a roof or projecting above the eave or rake of a building
or coping of a parapet. A sign erected on top of a canopy, covered passageway,
awning or marquee shall be considered a roof sign.
Scenic Land
Any area of land or water with natural scenery considered to have beauty as
designated in the General Plan.
School
An institution of learning for minors, whether public or private, which satisfies
compulsory education laws of the State of California and /or offers instruction in
those courses of study required by the California Education Code or which is
maintained pursuant to standards set by the State Board of Education. This
definition includes a kindergarten, elementary school, junior high school, senior high
school, or a special institution of learning under the jurisdiction of the State
Department of Education, but it does not include a vocational or professional
institution or an institution of higher education, including a community or junior
college, college or university.
Setback Line
A line established by this Ordinance to govern the placement of a building or a
structure with respect to its lot boundary lines.
Side Yard
The required side setback area between the side lot line and the side setback line,
and extending from the front lot line to the rear lot line.
Sign
Any writing, pictorial, representative, symbol, registered trademark, flag (other than
the United States or California flags) or any similar figure used to identify, announce,
direct attention, or advertise or communicate, together with any material or color
forming an integral part of the display or used to differentiate the sign from the
background, which is located on private or public property and is visible from outside
a building. Includes all parts, portions, units and materials, together with frames,
2 -15
delineated background, structure, support or anchorage for same, which is
temporarily or permanently placed, erected, constructed, posted, painted, tacked,
nailed, glued, carved, hung, strung or otherwise fastened or affixed to the ground or
to any post, fence, building structure, wall, roof or tree.
Sign Area
The entire area within a single continuous perimeter of not more than eight (8)
straight lines forming right angles enclosing the extreme limits of writing,
representation, emblem, or any figure of similar character, together with any material
or color forming an integral part of the display, or used to differentiate such sign
from the background against which it is placed, The supports, uprights or structure
on which any such sign is supported shall not be included in determining the sign
area unless such supports, uprights or structure are or is designed in such a manner
as to form an integral background of the display. In computing maximum
permissible sign area, all signs designed or likely to be seen from off the premises
upon which the signs are located or proposed to be located shall be included in
determining conformance with this Ordinance. For three (3) dimensional signs, the
sign area of one side, and the sign area of the side perpendicular to the first side,
are calculated in the manner prescribed above, and combined to become the total
sign area.
Sign Height
The vertical distance from the soil level of the surrounding area to the highest point
of the sign or any vertical projection.
Sign Value
Valuation of a particular sign as stated on the Sign Permit Application. If this
information is not available, or if evidence satisfactory to the Planning Director
demonstrates that the stated value is erroneous, then the valuation of that sign shall
be arrived at by the Planning Director who shall consider the evidence submitted
and compare the particular sign with one (1) or more existing signs in the City of
similar age and construction.
Single Family Dwelling
A building or portion of a building designed for occupancy by one (1) family constituting
a single housekeeping unit having only one (1) kitchen, but not including a boarding
house, motel or hotel.
Slope - Density
A system under which residential densities are determined by a formula based on
the average slope of the contours of the area. (See Average Slope.)
Solar Energy System
Any structural design feature, solar collector or other energy device, the primary
function of which is to provide for the collection, storage or distribution of solar
energy.
2 -16
Sound Wall Fence
A wall fence, constructed of materials such as concrete block, brick, stone,
concrete, steel or stucco, designed to reduce the level of nearby sounds.
Specific Plan
A project implementing the City of Gilroy's General Plan for all or part of an area
covered by the General Plan, processed pursuant to the State laws governing
specific plans which are set forth in California Government Code section 65450 et
seq., reviewed by the Planning Commission review and adopted by the City Council.
Story
That portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that
portion of a building included between the upper surface of the topmost floor and
the roof thereof. For any finished floor level which is more than six (6) feet above
grade for more than fifty percent (50 %) of the total perimeter or is more than twelve
(12) feet above grade at any point, the space directly below shall be considered a
story.
Street
A public or permanent private right -of -way, thirty (30) feet or more in width, which
affords a primary means of access to property.
Street Frontage
The length of a site along or fronting on a street or other principal thoroughfare but
not including such length along an alley, watercourse, railroad right -of -way or limited
access roadway or freeway.
Structural Alteration
Any change in the supporting members of a building, such as bearing walls,
columns, beams, girders, floor joists, ceiling joists or roof rafters.
Structure
Anything constructed or erected upon the ground or attached to such construction
having location on the ground, but excluding swimming pools and uncovered paved
areas such as patios and parking lots..
Temporary Business Establishment
An activity involving the sale or display of merchandise in the open, in a vehicle, or
in a temporary building or structure, or for a limited time in a permanent building or
structure.
Temporary Sign
A sign, usually constructed of light materials, displayed for thirty (30) days or less.
Townhouse
A condominium dwelling unit which is the sole dwelling unit on a separate parcel of
2 -17
land, with no dwelling units above or below it.
Trailer
A vehicle without motive power not exceeding forty (40) feet in overall length, eight
(8) feet in width, or twelve (12) feet in overall height, including a boat mounted on a
trailer, designed so that it can be drawn by a motor vehicle, to be used for the
carrying of boats, persons, cargo or animals.
Triple -Faced Siqn
A three (3) sided sign designed to be viewed from more than two (2) directions, and
which forms a triangular shape.
Truck Stop
A facility used for the fueling and short-term parking of tractor - trailer transport vehicles.
Truck stops may include related fueling facilities, weigh stations, traffic routing offices,
temporary truck storage areas, restaurants, wash racks, minor repair facilities and
related business offices and motels.
Use
The purpose, for which land or a building is occupied or maintained, let or leased.
Veterinarian Office
An office providing medical care for small animals where the animal holding facilities
are totally enclosed and the animals are boarded overnight only.
Vocational School
A commercial land use that involves the instruction to students of special skills,
knowledge, or techniques that are generally related to furthering a specific vocation or
professional occupation. Vocational schools include trade schools, business schools,
cosmetology schools and schools for self- improvement.
Wall Sign
A sign erected on a wall of fascia of a building or structure (other than a structure
whose main purpose is to support a sign), the face of which is parallel to the wall or
fascia and all of which is below the coping of the parapet, the top of the fascia, the
eave line or below the top of the wall on which it is mounted. A sign which meets
the definition of this Section, but is erected between posts, pillars, or columns which
support a roof or second story, rather than on a wall, is also a wall sign.
Waste Material Handling Facility
An area of one hundred (100) square feet or more, including wrecking yards, used
for the storage or dismantling of junk, scrap metals, materials salvaged from
wrecked or demolished buildings, automobiles, machinery or equipment.
Wildlife Habitat
Any area of land or water valuable or necessary for the preservation or
enhancement of wildlife resources.
2 -18
Window Sign
A sign which is displayed in or through a window, and is visible from a street,
walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.
Wire Mesh Fencing
Fence material which derives its strength from metal strands crossing in a regular
pattern, including, but not limited to, those materials known as chain link or chicken
wire, but does not include ornamental wrought iron fencing.
Zoning Administrator
See Planning Manager.
2 -19
ZONING SECTION b
DESIGNATION AND ESTABLISHMENT OF ZONING DISTRICTS
Section 3.10 Designation of Zoning Districts
The classes of zoning districts into which the City may be divided are hereby
established and designated as follows:
Al AGRICULTURE DISTRICT
RR RURAL RESIDENTIAL DISTRICT
R1 SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO FAMILY RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
RH RESIDENTIAL HILLSIDE DISTRICT
ND NEIGHBORHOOD DISTRICT
PO PROFESSIONAL OFFICE DISTRICT
C1 NEIGHBORHOOD COMMERCIAL DISTRICT
C3 SHOPPING CENTER COMMERCIAL DISTRICT
HC HIGHWAY COMMERCIAL DISTRICT
DHD DOWNTOWN HISTORIC DISTRICT
DED DOWNTOWN EXPANSION DISTRICT
CCA CIVIC /CULTURAL ARTS DISTRICT
TD TRANSITIONAL DISTRICT
CD CANNERY DISTRICT
GD GATEWAY DISTRICT
Cl CAMPUS INDUSTRIAL DISTRICT
CM COMMERCIAL INDUSTRIAL DISTRICT
M1 LIMITED INDUSTRIAL DISTRICT
M2 GENERAL INDUSTRIAL DISTRICT
OS OPEN SPACE DISTRICT
PF PARK/PUBLIC FACILITIES DISTRICT
HP HECKER PASS SPECIAL USE DISTRICT
GL GLEN LOMA RANCH
Section 3.20 Designation of Combining Districts
In addition to the foregoing zoning district, certain combining districts are established
which, when combined with one of the foregoing zoning district, modify the basic
development requirements in such district. The combining districts are as follows:
3 -1
PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT
HS HISTORIC SITE COMBINING DISTRICT
HN HISTORIC NEIGHBORHOOD COMBINING DISTRICT
MA MURRAY -LAS ANIMAS AVENUE OVERLAY COMBINING DISTRICT
Section 3.30 Establishment of Districts
The classes of zoning districts and combining districts as designated in this
Ordinance and the regulations pertaining thereto are hereby applied to the land
areas of the City as delineated on the Zoning Map of the City of Gilroy and the lands
so designated shall be subject to the regulations of this Ordinance.
Section 3.40 Zoning Map
The official zoning map of the City, which delineates the above - described zoning
and combining districts, is declared a part of this Ordinance and shall constitute the
official description of the location of each district in the City.
Section 3.50 Determination of Zone Boundaries
Where uncertainty exists as to the boundaries of any of the zoning districts as
shown on the Zoning Map, the following rules of interpretation shall apply:
(a) Lands not included within the boundaries of any district shall be designated
Al districts.
(b) Residential lands hereafter annexed to the City shall be designated Al
(Agriculture) districts and all other lands shall be designated OS (Open
Space) districts, unless otherwise classified through pre- zoning at the time of
annexation.
(c) Where boundary lines are indicated as following streets and alleys, they shall
be construed as following the center lines thereof.
(d) Where district boundaries are indicated by approximately following lot lines,
such lines shall be construed to be such boundaries.
(e) Where a district boundary divides a lot, the location of such boundary shall be
determined by use of the scale appearing on the Zoning Map, unless the
boundary is indicated by dimensions.
(f) A symbol indicating the classification of the property on the Zoning Map shall
in such instance apply to the whole of the area within the district boundaries.
(g) Where a public street, alley or parcel of public land is officially vacated or
abandoned, the regulations applicable to abutting property shall apply equally
to such vacated or abandoned street or alley, unless specifically zoned
otherwise.
(h) In case of further uncertainty, the Planning Commission shall determine the
specific location of such boundaries.
3 -2
ZONING SECTION 4
Al AGRICULTURAL & RR RURAL RESIDENTIAL DISTRICT
SECTION 4.10 Al AGRICULTURE DISTRICT
Section 4.11 Statement of Intent
This section of the Zoning Ordinance is intended to provide for areas within the City
that may be used for agricultural purposes. The lands in the Al Agriculture District
are expected to be urbanized ultimately in accordance with the General Plan. In the
interim, these lands provide areas for agricultural activities. The minimum lot size is
intended to preserve lots in sizes suitable for agricultural use and potential urban
development. The following regulations, except to the extent that they may be
modified by a combining district, shall apply to every lot and building in an Al
Agriculture District.
Section 4.12 Permitted Uses and Conditional Uses
Land in the Al Agriculture District may be used as provided in the Residential Use
Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 4.13 Site and Building Requirements
The lot, yard, height, and additional requirements in the Al Agriculture District shall
be as established in the Residential Site and Building Requirement Table, Section
11.23 of this Ordinance.
Section 4.14 Density
The maximum density in the Al Agriculture District shall be one (1) dwelling unit per
lot. (Accessory dwelling units may be allowed under the regulations prescribed in
Section 11.13.) This density limitation is intended to provide for an average density
of less than one (1) unit per twenty (20) acres.
SECTION 4.20 RURAL RESIDENTIAL DISTRICT
Section 4.21 Statement of Intent
This Section of the Zoning Ordinance is intended to provide for areas within the City
that may be used for agricultural purposes. The lands in the RR Rural Residential
District are expected to be urbanized ultimately in accordance with the General
Plan. At present, however, these lands provide areas for part -time farming and the
keeping of livestock. The minimum lot size is intended to preserve lots in sizes
4 -1
suitable for agricultural use and potential urban development. The following
regulations, except to the extent that they may be modified by a combining
district,shall apply to every lot and building in an RR Rural Residential District.
Section 4.22 Permitted Uses and Conditional Uses
Land in the RR Rural Residential District may be used as provided in the Residential
Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 4.23 Site and Building Requirements
The lot, yard, height, and additional requirements in the RR Rural Residential
District shall be as established in the Residential Site and Building Requirement
Table, Section 11.23 of this Ordinance.
Section 4.24 Density
The maximum density in the RR Rural Residential District shall be one (1) dwelling
unit per lot. (Accessory dwelling units may be allowed under the regulations
prescribed in Section 11. 13.) This density limitation is intended to provide for an
average density of one unit per two and one -half (2.5) acres.
4 -2
ZONING SECTION 9
R1 SINGLE FAMILY RESIDENTIAL DISTRICT
Section 5.10 Statement of Intent
This section of the Zoning Ordinance is intended to provide for areas within the City
that may be used for single family and very low density clustered housing. The
average density is intended to be between three (3) and seven and one -fourth (7
1/4) dwelling units per acre. The following regulations, except to the extent that they
may be modified by a combining district, shall apply to every lot and building in an
R1 Single Family Residential District.
Section 5.20 Permitted Uses and Conditional Uses
Land in the R1 Single Family Residential District may be used as provided in the
Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 5.30 Site and Building Requirements
The lot, yard, height, and additional requirements in the R1 Single Family
Residential District shall be as established in the Residential Site and Building
Requirement Table, Section 11.23 of this Ordinance.
Section 5.40 Density
The maximum density in the R1 Single Family Residential District shall be one (1)
single family detached unit per lot. (Accessory dwelling units may be allowed under
the regulations prescribed in Section 11.13.)
Section 5.50 Site Design Requirements
Section 5.51
Single family dwelling units shall have at least three (3) of the following five
(5) design elements different from single family dwelling units on any adjacent
lot on the same street frontage:
(a)
Floor plan.
(b)
Front elevation.
(c)
Roof design.
(d)
Exterior materials.
(e)
Reversed floor plan.
5 -1
ZONING SECTION 6
R2 TWO FAMILY RESIDENTIAL DISTRICT
Section 6.10 Statement of Intent
This section of the Zoning Ordinance is intended to be used primarily within the
established neighborhoods of the City to provide a mix of duplexes and single family
dwellings. The average density is intended to be between three (3) and nine (9)
dwelling units per acre. It is intended that this will provide for the replacement of
severely deteriorated structures while maintaining the low density residential
character of the older neighborhoods. The following regulations, except to the
extent that they may be modified by a combining district, shall apply to every lot and
building in an R2 Two Family Residential District.
Section 6.20 Permitted Uses and Conditional Uses
Land in the R2 Two Family Residential District may be used as provided in the
Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 6.30 Site and Building Requirements
The lot, yard, height, and additional requirements in the R2 Two Family Residential
District shall be as established in the Residential Site and Building Requirement
Table, Section 11.23 of this Ordinance.
Section 6.40 Density
The maximum density shall be one (1) dwelling unit per four thousand (4,000)
square feet of land to a maximum of two (2) units per lot; except for lots created
prior to September 15, 1983, for which the maximum density shall be one (1)
dwelling unit per three thousand five hundred (3,500) square feet of land to a
maximum of two (2) units per lot
Section 6.50 Site Design Requirements
Section 6.51
A detached single family dwelling unit or a duplex shall have at least three (3)
of the following five (5) design elements different from single family dwelling
units and /or duplexes on any adjacent lot on the same street frontage:
6 -1
(a) Floor plc.,,.
(b)
Front elevation.
(c)
Roof design
(d)
Exterior materials.
(e)
Reversed floor plan.
Section 6.52
The main entrance to each dwelling unit shall not face any alley, nor shall any
main entrance that faces a side lot line be within twelve (12) feet of such side
lot line.
Section 6.53
Each parking area that provides parking for more than four (4) automobiles
shall have access from a street, rather than an alley.
6 -2
ZONING SECTION
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Section 7.10 Statement of Intent
This section of the Zoning Ordinance is intended to provide areas within the City for
living environments that include primarily multi - family housing units, such as garden
apartments and condominiums. The unit size regulation based on lot size is
intended to create an average density between eight (8) and sixteen (16) dwelling
units per net acre. Innovative residential development is strongly encouraged in
order to provide a wide variety of housing types and costs to meet the needs of
Gilroy's residents. The following regulations, except to the extent that they may be
modified by a combining district, shall apply to every lot and building in an R3
Multiple Family Residential District.
Section 7.20 Permitted Uses and Conditional Uses
Land in the R3 Multiple Family Residential District may be used as provided in the
Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 7.30 Site and Building Requirements
The lot, yard, height, and additional requirements in the R3 Multiple Family
Residential District shall be as established in the Residential Site and Building
Requirement Table, 11.23 of this Ordinance.
Section 7.40 Density
The maximum density in the R3 Medium Density Residential district shall be one (1)
dwelling unit per 2,722 square feet of lot area.
Section 7.50 Site Design Requirements
(a) If two (2) or more structures are constructed with less than six (6) feet
clearance between them, they shall be considered as one (1) structure for the
purpose of this and other ordinances of the City of Gilroy.
(b) Eighty percent (80 %) of the ground floor dwelling units in a dwelling group
shall have a fenced private yard area of at least one hundred fifty (150)
square feet.
(c) Multi- family development shall be designed in accordance with the adopted
Multi- Family Residential Design Policy.
7 -1
ZONING SECTION 8
R4 HIGH DENSITY RESIDENTIAL DISTRICT
Section 8.10 Statement of Intent
This Section of the Ordinance is intended to be applied in areas of the City where
group dwellings and apartments, at an average density ranging between twenty (20)
and thirty (30) dwelling units per net acre, are the logical and desirable uses, due to
environmental conditions and proximity to commercial and community service
facilities. It is intended that these areas of high density multiple family residential
use be located appropriately next to high - capacity streets and near services. It is
specifically the intent of this section to ensure that R4 -zoned properties be inter-
mixed with residential development of other densities and/or commercial properties
to ensure that R4 -zoned properties are not overly concentrated. The following
regulations, except to the extent that they may be modified by a combining district,
shall apply to every lot and building in an R4 High Density Residential District.
Section 8.20 Permitted Uses and Conditional Uses
Land in the R4 High Density Residential District may be used as provided in the
Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 8.30 Site and Building Requirements
The lot, yard, height, and additional requirements in the R4 High Density Residential
District shall be as established in the Residential Site and Building Requirement
Table, 11.23 of this Ordinance.
Section 8.40 Density
The minimum site area shall be one (1) dwelling unit per one thousand four hundred
fifty two (1,452) square feet up to a maximum site area of two thousand one hundred
seventy eight (2,178) square feet per unit.
Section 8.50 Site Design Requirements
(a) If two (2) or more structures are constructed with less than six (6) feet
clearance between them, they shall be considered as one (1) structure for the
purpose of this and other ordinances of the City of Gilroy.
(b) Multi- family development shall be designed in accordance with the adopted
Multi - Family Residential Design Policy.
8 -1
ZONING SECTION 9
RH RESIDENTIAL HILLSIDE DISTRICT
Section 9.10 Statement of Intent
The intent of this Section is:
(a) To protect the public health, safety, and welfare in regard to hillsides and
hillside development;
(b) To protect the views and vistas of surrounding hillsides, hilltops and ridge
lines;
(c) To protect the natural settings and terrain of Gilroy's hills and valleys; and
(d) To coordinate with regional and County plans, and implement all City policies,
guidelines, and plans pertaining to hillside development.
This section shall provide a special zoning district that is sensitive to the special
considerations of those areas within the City of Gilroy that are generally greater than
ten percent (10 %) but less than thirty percent (30 %) average slope.
The following regulations, except to the extent that they maybe modified by a
combining district, shall apply to those districts that are specifically designated as
being in an RH Residential Hillside District. Properties located within the RH
Residential Hillside District shall also be subject to all other applicable provisions of
this Ordinance. In addition, all provisions specified by Section 50.50 ( "Planned Unit
Development Approval ") shall apply to all RH Residential Hillside District parcels,
except those parcels that receive architectural and site review approval in
accordance with Section 9.70, Exceptions.
Section 9.20 Permitted Uses and Conditional Uses
Land in the RH Residential Hillside District may be used as provided in the
Residential Use Table, Section 11.13 of this Ordinance. Other uses may be
approved according to Planned Unit Development (PUD) approval which shall be
obtained according to the provisions of Section 50.50 of this Ordinance.
Section 9.30 Site and Building Requirements
Section 9.31 Setback Requirements
All setback requirements shall be as specified in the Planned Unit
Development (PUD) approval which shall be obtained according to the
provisions of Section 50.50 of this Ordinance. RH Residential Hillside District
lots exempt from obtaining PUD approval in accordance with Section 9.70,
Exceptions, shall comply with the minimum setback requirements established
for the R1 Single Family Residential zoning district.
9 -1
Section 9.32 b_.,ding Visibility and Height Requiren. -, its
No structure shall be constructed in any hillside zone in such a way that it is
silhouetted against the skyline when viewed from the valley floor below the
hillside. Structures shall be limited to a maximum height of thirty (30) feet
measured from grade along the perimeter of the dwelling to the ridge of the
roof, except that any structure built so that the peak of the roof is within
twenty (20) feet in height of the hillside ridge line shall be limited to fifteen
(15) feet in height. If the structure is screened by existing trees or vegetation,
it shall be limited to thirty (30) feet in height and two (2) stories at any one (1)
point. No existing trees or vegetation may be removed except according to
the provisions of the Planned Unit Development (PUD) or architectural and
site review approval.
Section 9.33 Slope Requirements
No construction of any building shall occur on any portion of any parcel where
the average slope of that portion covered by the structure exceeds thirty
percent (30 %) slope. For slopes over fifteen percent (15 %), a special
foundation design based on soils tests approved by the Chief Building Official
shall be required in order to preserve the integrity of the hillside slope.
Section 9.34 Additional Requirements
Any additional requirements including, but not limited to, parking, signing,
landscaping and fence requirements, shall be as specified in the Planned
Unit Development (PUD) Approval which shall be obtained according to the
provisions of Section 50.50 of this Ordinance.
Section 9.40 Density
The number of acres per dwelling unit (a) shall be determined by the average slope
(s) based on the formula:
a= 1 3
1- 4
02s
with a maximum of two (2) acres /unit. The number of dwelling units allowed for
development on a given parcel would be calculated by the formula:
A(acres)
a(acres /unit)
Section 9.41 Re- subdivision of Single Family Residential Hillside Lots
Lj
Residential Hillside lots, created by a Tentative Map under the provisions of a
Residential Hillside district for the placement of one (1) single family dwelling,
shall not be split or re- subdivided. Lot line adjustments where additional
single family lots are not created are exempt.
Section 9.50 Bonuses
The number of allowable units may be increased by up to ten percent (10 %) for any
of the preferred development techniques listed below, in accordance with the
Planned Unit Development (PUD) Approval. The total bonus may not exceed thirty
percent (30 %) of the number of allowable units determined by the density formula.
(a) Clustering.
(b) A combined development proposal by the owners of three (3) or more
adjacent properties of ten (10) or more acres consolidated into a single plan
of fifty (50) or more acres.
(c) Transfer of the rights to develop RH districts having steeper slopes to other
property owner(s) having land with flatter, buildable slopes.
(d) Planned development of dwellings on stable slopes under fifteen percent
(15 %) and retention of steeper slopes for open space.
Section 9.60 Hillside Development Guidelines
The City Council's adopted Hillside Development Guidelines shall be utilized in the
development of RH Residential Hillside Districts.
Section 9.70 Exceptions
Single, custom - designed dwellings and site development plans may be exempted
from the PUD Planned Unit Development provisions of Section 50.50 of this
Ordinance and may be approved by the Planning Director via an Architectural and
Site Review application, if such development:
a) meets or exceeds the criteria of the adopted Hillside Development
Guidelines;
b) meets the provisions of whichever section of this Ordinance is more
restrictive:
Section 5, R1 Single Family Residential District, or
Section 9.31, 9.32 and 9.33, RH Residential Hillside District.
G' c'
ZONING SECTION 10
ND NEIGHBORHOOD DISTRICT
Section 10.10 Statement of Intent
The Neighborhood District intends to create neighborhoods that are attractive, safe,
diverse, and healthy, containing housing that is affordable to a variety of income groups,
thereby enhancing the quality of life for all Gilroy residents. In addition, through the
Neighborhood District, the City hopes to promote a more integrative, comprehensive,
and creative approach to neighborhood planning. Specifically, the Neighborhood
District intends to:
► Create neighborhoods that are predominantly single family in character, but that
integrate different types and prices of housing to meet the full range of housing
needs.
► Ensure that the City's affordable housing goals and objectives are met.
► Encourage innovative site and building designs that contribute to the overall
attractiveness and livability of Gilroy.
► Promote walking, biking, and public transit as alternative modes of transportation.
► Integrate neighborhood- serving facilities and amenities such as schools, parks,
and community gathering places to meet residents' needs, promote a sense of
community, and provide for a high quality of life.
► Encourage the creation of neighborhood - serving commercial centers that are
within walking distance of residential neighborhoods and that are sited and
designed to protect the neighborhood's character and residential quality.
► Encourage residential neighborhood designs that reduce traffic speeds and
volumes and control noise.
Section 10.20 Permitted Uses and Conditional Uses
Land in the Neighborhood District zone may be used as specified by the Master Plan or
Specific Plan adopted for each Neighborhood District area. Each Neighborhood District
area must have a mixture of low, medium, and high - density residential uses as describe
in Section 10.40, below. The Neighborhood District zone encourages other uses
compatible with residential uses, including parks, schools, and neighborhood - serving
commercial facilities.
10 -1
Section 10.30 Site and Building Requirements
The lot, yard, height, and additional requirements in the Neighborhood District zone
shall be established by the Master Plan or Specific Plan adopted for each Neighborhood
District area.
Section 10.40 Density
The minimum density in the Neighborhood District shall be as follows:
Minimum Densities
The minimum densities for residential land use in the Neighborhood District
(excluding land required for streets, schools, parks, resource protection,
neighborhood commercial, or other infrastructure and /or amenities) shall be at least:
® 5 percent at a density of 7.25 to 9 units /acre
® 10 percent at a density of 9 to 16 units /acre
® 3 percent at a density of 16 to 30 units /acre
A maximum of eighty -two percent (82 %) of each Neighborhood District may be
constructed at a density of 7.25 units per acre or less.
Target Densities
The target mix for residential land uses in the Neighborhood District (excluding land
required for streets, schools, parks, resource protection, neighborhood commercial,
or other infrastructure and /or amenities) shall provide for at least:
® 10 percent at a density of 7.25 to 9 units /acre
® 15 percent at a density of 9 to 16 units /acre
® 5 percent at a density of 16 to 30 units /acre
Section 10.50 Site Design Requirements
Projects within the Neighborhood District zone shall be designed in accordance with the
site design requirements adopted for the Neighborhood District area in which the project
is located.
10 -2
ZONING SECTION 11
RESIDENTIAL USE TABLES
Section 11.10 RESIDENTIAL USE TABLE
Section 11.11 Statement of Intent
The intent of this Residential Use Table is to clearly and precisely designate
permitted uses and conditional uses within each of the following districts:
Al AGRICULTURE DISTRICT
RR RURAL RESIDENTIAL DISTRICT
R1 SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO- FAMILY RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
RH RESIDENTIAL HILLSIDE DISTRICT
ND NEIGHBORHOOD DISTRICT
Section 11.12 Designation of Residential Uses
The Residential Use Table indicates whether a variety of uses are
unconditionally permitted, permitted only with a Conditional Use Permit from
the Planning Commission, or permitted only under special conditions. The
Planning Commission, or its designee, shall determine, upon written request,
whether any use not listed in the Residential Use Table is similar in character
to a described use for the purpose of applying the district regulations and
conditions.
11 -1
Section 11.13 Resia�, itial Use Table
11 -2
Al
RR . :
R1
R2
R3
R4_
R_
H
ND
Accessory Building
X
X
X
X
X
X
X
"
Temporary Building
X
X
X
X
X
X
X
A '' "'d'ditural Uses
Agriculture
X
X
C
Cb
cli
CO
C
Animal Husbandry
C
C
Animal Services
Animal Boarding
X
X
Veterinary Hospital
X
X
C- Ommer_dial Uses
+C
Bed \Breakfast Establishment (1 -2
rooms
C
C
C
C
C
Boarding or Rooming House
X
C
C
C
C
C
Day Care Center
C
C
C
C
C
C
Family Day Care Home
X
X
X
X
X
X
Home Occupation
D
D
D
D
D
D
Landscape Nursery
C
Sale of Farm Products (grown on site)
X
C
Subdivision Sales Office
T
T
T
T
T
Publec, &Semi - Public Uses
t;
Community Garden
X
X
X
X
X
X
Golf Course or Country Club
C
C
C
C
C
C
Hospital
C
C
Neighborhood Bazaar
T
T
T
T
T
Open Space (Recreational)
X
X
X
X
X
X
Private Neighborhood Park,
Recreation Facility
C
C
C
C
C
C
Publicly -Owned Building or Facility
X
X
X
X
X
X
Religious Institution
X
X
X
X
X
X
Schools (Private <_ 12 students or
Public
X
X
X
X
X
X
Schools (Private > 12 students)
C
C
C
C
C
C
Residential' Uses
Accessory Dwelling Unit
X
X
X
X
Condominiums
X
X
X
Duplex
X
X
X
X
Mobile Home Park
C
C
X
X
Multiple Family Building
X
X
Residential Care Homes (more than 6
residents
C
C
C
C
C
C
Residential Care Homes (up to and
including 6 residents
X
X
X
X
X
X
Single Family Dwelling or Modular
Home
X
X
X
X
X
X
Townhouse
X
X
X
11 -2
X= Unconditionally permitted
C= Permitted only with Conditional Use Permit granted by Planning Commission
D= Permitted subject to the approval of the Planning Manager
T= Temporary Use See Section 47
*= Refer to the Master Plan or Specific Plan adopted for the Neighborhood District
area in which the property is located.
1- Accessory Dwelling Units must meet the following conditions:
(1) The unit may not be sold, but may be rented.
(2) The lot contains one existing single family unit.
(3) The existing single family dwelling must have at least two (2) parking spaces that
comply with the requirements of Section 31, "Off- Street Parking Requirements." At
least one of these spaces must be covered. One (1) additional 10 foot wide x 20 foot
long parking space is required for the accessory dwelling unit. The additional parking
space may be uncovered and /or located in the driveway, provided that the parking
requirement for the existing single family dwelling has been met.
(4) The accessory dwelling unit shall be limited to a one - bedroom unit with the overall
floor area not to exceed six hundred (600) square feet in size, not including garage
areas. All detached accessory dwelling units shall be limited to a single story, unless
the Planning Commission approves an architectural and site review via a public
hearing. Accessory dwelling units on the second story of a single - family home do not
require architectural and site review approval.
(5) Any construction shall conform to height, setback, lot coverage, architectural review,
site plan review, fees, charges, and other zoning requirements generally applicable to
residential construction in the zone in which the property is located.
(6) The accessory dwelling unit shall contain water, sewer and gas and /or electric utility
connections that are in working condition upon its occupancy. The accessory
dwelling unit may be serviced by the primary residence or may have separate utility
meters.
2- Permitted only if the regulations of Section 40 of this Ordinance are met.
3- A duplex dwelling is permitted when all of the following conditions are met:
(1) The duplex dwelling shall be located on a comer lot only; and
(2) The corner lot shall have a minimum area of eight thousand (8,000) square feet and
be so designated for a duplex unit on a tentative and final map; and
(3) The duplex shall not increase the overall density within any given land subdivision
beyond the maximum of seven and one -fourth (7.25) dwelling units per net acre.
4- An Accessory Dwelling unit is permissible on a R2 parcel when the following conditions can
be met:
(1) The parcel is currently developed with only one (1) single family dwelling; and
(2) The accessory dwelling unit takes the place of any future second dwelling unit on the
property.
5- Conditional Use Permit required unless otherwise allowed through an approved Planned Unit
Development.
6- Planning Commission approval of a Conditional Use Permit is required for all new agricultural
uses.
11 -3
SECTION 11.20 RESIDENTIAL SITE AND BUILDING REQUIREMENT TABLE
Section 11. 21 Statement of Intent
The intent of the Residential Site and Building Requirements Table is to
clearly and precisely establish the basic site and building regulations that
apply to all developments in each of the following districts:
Al AGRICULTURE
RR RURAL RESIDENTIAL - DISTRICT
R1 SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO FAMILY RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
ND NEIGHBORHOOD DISTRICT
(Site and building requirements for the RH Residential Hillside District shall
be approved in accordance with the procedures established in Section 50.50,
PUD Planned Unit Development Combining District, or by the approved
architectural and site review for projects regulated by section 9.70,
Exceptions.)
Section 11. 22 Designation of Residential Site and Building Requirements
The figures in the Residential Site and Building Requirement Table establish
lot, yard, and height requirements for each of the residential zoning districts.
The table also indicates where additional side and building requirements,
including, but not limited to, off - street parking, landscaping, signing, fences
and obstructions, and performance standards, apply to residential zoning
districts.
11 -4
Section 11.23 Resi..antial Site and Building Requirement Table
Residential"Distnct Regtairements
A1"
RR
R1 .`:
R2
R3 ,
R4
ND .
LOT REQUIREMENTS
Lot Size in Square Feet (minimum)'
20 ac
2.5
6000
80004
8000
12000
(Lots using street standards in
ac
effect prior to February 2006)
Lot Size in Square Feet (Lots using
street standards adopted in
20 ac
2.5
6660
8880
8880
13320
February 2006)
ac
YARD REQUIREMENTS
(Minimum setbacks in feet.
Property lines adjacent to streets
measured from the face of curb)
Front
262
262
262
262
262
262
Front (Lots on bulb of cul -de-
222
222
222
222
222
222
sac)
Side (Adjacent to a street)
21
21
21
21
21
21
Side (All other side yards)
12
12
63
63
12
12
Rear
156
156
156
156
156
156
Rear (Yards backing onto street)
26
26
1 26
26
26 1
26
HEIGHT REQUIREMENTS
(Maximum)
Building Height in Feet
35
30
35
35
45
75
Number of Stories
2
2
2
2
3
6
ADDITIONAL REGULATIONS
(PART II)
YES
YES
YES
YES
YES
YES
YES
Off - Street Parking, Sec. 31
YES
YES
YES
YES
YES
YES
YES
Fences, Sec. 34
YES
YES
YES
YES
YES
YES
YES
Signs, Sec. 37
NO
NO
NO
YES
YES
YES
YES
Landscaping, Sec. 38
ESTABLISHED DEVELOPMENT
POLICIES
Consolidated Landscaping Policy65
YES
YES
YES
YES
YES
YES
YES
Hillside Development Guidelines
YES
YES
NO
NO
NO
NO
NO
Residential Condominium Policy
NO I
NO I
NO I
YES I
YES I
YES I
YES
1 - The minimum lot size shall not preclude the use of condominiums, clustered homes, mobile
homes, or other innovative housing development, which conforms to the density limitations of
the zoning district.
2- Garage vehicular entrances shall be set back from the property line such that they have a
minimum eighteen -foot (18 -foot) long driveway measured from the back of the sidewalk.
11 -5
3- For dwellings loco —d within new subdivisions (after the effectie _ jate of this Ordinance),
containing five (5) or more lots, the total width of the two side yards for any one lot in an R1 or
R2 district must equal twelve (12) feet. For structures in existence on the effective date of this
Ordinance, a six -foot side yard setback shall be maintained, unless a smaller side yard has
been allowed by a variance, planned unit development, or pre - existing, non - conforming use.
4- 7000 sq. ft. for pre- existing lots created prior to September 15, 1983; and 6000 sq. ft. for one
(1) single - family dwelling.
5- Also applies to RH district.
6- Rear yard setbacks may be reduced to ten (10) feet to accommodate a five (5) foot
encroachment for rear yard patio covers.
Residential site and building requirements shall be established by the Master
Plan or Specific Plan for the Neighborhood District area in which the property
is located.
11 -6
ZONING SECTION 12
PO PROFESSIONAL OFFICE DISTRICT
Section 12.10 Statement of Intent
The intent of the PO Professional Office District is to provide areas in the City
suitable for well designed professional office buildings which can, among other
things, serve as buffer areas between residential and commercial areas. The uses
in this district are intended to be of low intensity in order to be compatible with
residential living. Ample landscaping and creative design are encouraged in the PO
Professional Office District. Professional Office Districts should be located on
arterial or collector streets and located in close proximity to commercial areas. The
following regulations, except to the extent that they may be modified by a combining
district, shall apply to every lot and building in a PO Professional Office District.
Section 12.20 Permitted Uses and Conditional Uses
Land in the PO Professional Office District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 12.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the PO Professional Office
District shall be as established in the Commercial Site and Building Requirement
Table, Section 19.20 of this Ordinance.
12 -1
ZONING SECTION 13
C1 NEIGHBORHOOD COMMERCIAL DISTRICT
Section 13.10 Statement of Intent
The intent of the C1 Neighborhood Commercial District is to provide areas in the
City suitable for commercial uses of a low intensity and of a neighborhood character,
which cater directly to residents of the immediate neighborhood only, rather than to
the entire City. The uses in this district are intended to be of low intensity in order to
be compatible with residential living. Ample landscaping and creative design are
encouraged in the C1 Neighborhood Commercial District. The following regulations,
except to the extent that they may be modified by a combining district, shall apply to
every lot and building in a C1 Neighborhood Commercial District.
Section 13.20 Permitted Uses and Conditional Uses
Land in the C1 Neighborhood Commercial District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 13.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the C1 Neighborhood
Commercial District shall be as established in the Commercial Site and Building
Requirement Table, Section 19.20 of this Ordinance.
13 -1
ZONING SECTION 14
DOWNTOWN SPECIFIC PLAN DISTRICTS
DOWNTOWN HISTORIC DISTRICT (DHD)
Section 14.10 Statement of Intent
This district is suitable for the improvement and maintenance of existing
commercial structures or the conversion or construction to new mixed -use
development. Residential mixed use projects are encouraged.
The intent of the Downtown Historic District (DHD) is to foster the City's historic
downtown as a unique and prosperous commercial resource. Buildings in the
Downtown Historic District (DHD) are mixed use with premium local and regional
boutique retail uses and entertainment establishments, fostering a multicultural
environment. Residential or office use above the ground floor is encouraged.
Architecture should reflect historic forms and materials and adaptive re -use of
historic architecture is encouraged. Wide sidewalks with strong pedestrian
connections to adjacent districts are encouraged. Establishment of paseos and
plazas and unique outdoor spaces of any size with fountains and public art is a
priority. Parking is not allowed at street front retail locations.
Section 14.11 Permitted Uses and Conditional Uses
Land in the Downtown Historic District (DHD) may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 14.12 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the DHD Downtown Historic
District shall be as established in the Commercial Site and Building Requirement
Table, Section 19.20 of this Ordinance.
Section 14.13 Density
The Downtown Historic District (DHD) allows commercial and mixed use projects.
Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5.
The minimum density for the residential component of mixed use projects is twenty
dwelling units per acre.
14 -1
Section 14.14 Railroad Corridor
Properties between Lewis Street and Seventh Street that abut the west side of the
railroad corridor, must provide a 51 -foot rear setback from the property line to
accommodate on -site parking, an access drive, and a landscaped buffer. Additional
articulation should be provided on building facades that face this corridor to promote
an aesthetically pleasing view of the Downtown for rail patrons. A "standard"
fencing design that will be commercial grade, six -foot tall, black powder coated
metal, with vertical slats and top and bottom rail as well as a five -foot minimum
landscape planter area adjacent to the railroad corridor.
DOWNTOWN EXPANSION DISTRICT (DED)
Section 14.20 Statement of Intent
This district is suitable for the improvement and maintenance of existing
commercial structures or the conversion or construction to new mixed -use
development. Residential mixed use projects are encouraged.
The intent of the Downtown Expansion District (DED) is to recognize an area
suitable for the expansion of downtown retail and mixed use developments which
expands the synergy of the Downtown Historic District and which caters primarily to
the Gilroy community. Buildings in the Downtown Expansion District (DED) are
mixed use developments, housing street front retail and restaurant services with
residential and office use above the ground floor. Architecture of a historic nature
should be used in conjunction with contemporary designs. Beautification and
building upkeep are encouraged, utilizing signage, awnings and greenery for an
aesthetically pleasing environment. Architecture should reflect historic forms and
materials and adaptive re -use of historic architecture is encouraged. Strong
pedestrian access to neighboring districts is encouraged through the establishment
of paseos. The establishment of unique outdoor spaces of any size with fountains
and public art is recommended. Parking lots and structures are to be discreetly
screened from street view. The following regulations, except to the extent that they
may be modified by a combining district, shall apply to every lot and building in a
Downtown Expansion District (DED).
Section 14.21 Permitted Uses and Conditional Uses
Land in the Downtown Expansion District (DED) may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 14.22 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Downtown Expansion
District (DED) shall be as established in the Commercial Site and Building
14 -2
Requirement Table, -ction 19.20 of this Ordinance.
Section 14.23 Density
The Downtown Expansion District (DED) allows commercial and mixed use projects.
Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5.
The minimum density for the residential component of mixed use projects is twenty
dwelling units per acre.
Section 14.24 Railroad Corridor
Properties that abut the railroad corridor must provide "standard" fencing design that
will be commercial grade, six -foot tall, black powder coated metal, with vertical slats
and top and bottom rail as well as a five -foot minimum landscape planter area
adjacent to the railroad corridor. The intent of the City and Public Utilities
Commission is to create a pedestrian pathway along the east side of the railroad
corridor between Tenth Street and Leavesley Road. Additional articulation should
be provided on building facades that face this corridor to promote an aesthetically
pleasing view of the Downtown for rail patrons.
CIVIC /CULTURAL ARTS DISTRICT (CCA)
Section 14.30 Statement of Intent
This district is suitable for the development of new multi -use civic, cultural
and civic serving uses. Residential mixed use projects are encouraged and
residential units may be located on the ground floor if located between
Eigleberry and Church Streets.
The intent of the CCA Civic/Cultural Arts District is to provide an area which serves
as the civic and cultural heart of the City of Gilroy. This district is meant to be the
regional destination for events, outdoor theater, performances, festivals, and other
activities related to civic and cultural arts. Green space and community assembly
space is prominent and a pedestrian friendly atmosphere is emphasized through the
use of benches and wide sidewalks. Buildings of civic serving and other civic uses
such as museums, libraries, and theaters are prominent. As the district develops
the continuation and expansion of residential uses between Eigleberry and Church
Streets are a recognized land use and new mixed use projects are appropriate.
Industrial, retail and service commercial uses are prohibited. The following
regulations, except to the extent that they may be modified by a combining district,
shall apply to every lot and building in the Civic/Cultural Arts District (CCA).
Section 14.31 Permitted Uses and Conditional Uses
Land in the Civic/Cultural Arts District (CCA) may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
14 -3
Commission in accoi, _.nce with the regulations in Section -1.30 of this Ordinance.
Section 14.32 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Civic /Cultural Arts District
(CCA) shall be as established in the Commercial Site and Building Requirement
Table, Section 19.20 of this Ordinance.
Section 14.33 Density
The Civic /Cultural Arts District (CCA) allows commercial and mixed use projects.
From Monterey Street to Church Street commercial and mixed use projects have a
maximum floor area ratio (FAR) of 1.5, and from Church Street to Dowdy Street
there is a maximum FAR of 1.0.
TRANSITIONAL DISTRICT (TD)
Section 14.40 Statement of Intent
This district is suitable for the conversion of existing residential structures to
commercial uses and for the development of new mixed -use and stand -alone
residential projects.
The intent of the Transitional District (TD) is to recognize the urbanizing influences
on residential neighborhoods adjacent to the west side of the downtown core. This
district will act as a transitional buffer between the Downtown core and residential
neighborhoods further west. Strong pedestrian connections to neighboring
downtown districts are encouraged. The following regulations, except to the extent
that they may be modified by a combining district, shall apply to every lot and
building in a Transitional District (TD).
Section 14.41 Permitted Uses and Conditional Uses
Land in the Transitional District (TD) may be used as provided in the Commercial
Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 14.42 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Transitional District (TD)
shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 of this Ordinance.
Section 14.43 Density
The Transitional District (TD) is composed of both commercial and mixed use
14 -4
projects and stand ai,..e residential projects
have a maximum floor area ratio (FAR) of 1.
at most 20 dwelling units per acre (du /ac).
CANNERY DISTRICT (CD)
Section 14.50 Statement of Intent
. Commerciai _.id mixed use projects
5. Stand alone residential projects are
This district is suitable for the development of new mixed -use and stand -alone
residential projects.
The intent of the Cannery District (CD) is to provide an area in the City suitable for
mixed uses in a non - traditional, urban environment. The uses in this district include
residential, office, and commercial services. Home offices and artist lofts within this
district provide abundant live /work opportunities. The arts are emphasized,
encouraging projects such as art galleries, dance, gymnastic, and music studios.
Architecture is to be eclectic, utilizing a variety of setbacks and designs, fostering a
unique, innovative, and contemporary industrial character. The following
regulations, except to the extent that they may be modified by a combining district,
shall apply to every lot and building in a Cannery District (CD).
Section 14.51 Permitted Uses and Conditional Uses
Land in the Cannery District (CD) may be used as provided in the Commercial Use
Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 14.52 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Cannery District (CD)
shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 of this Ordinance.
Section 14.53 Density
The Cannery District (CD) is composed of commercial and mixed use projects and
stand alone residential projects. Commercial and mixed use projects have a
maximum floor area ratio (FAR) of 2.0. The minimum density for the residential
component of mixed use projects is twenty dwelling units per acre. Stand alone
residential projects must develop at a density ranging from 20 to 40 dwelling units
per acre (du /ac).
14 -5
Section 14.54 K_,iroad Corridor
Properties that abut the railroad corridor must provide "standard" fencing design that
will be commercial grade, six -foot tall, black powder coated metal, with vertical slats
and top and bottom rail as well as a five -foot minimum landscape planter area
adjacent to the railroad corridor. The intent of the City and Public Utilities
Commission is to create a pedestrian pathway along the east side of the railroad
corridor between Tenth Street and Leavesley Road. Additional articulation should
be provided on building facades that face this corridor to promote an aesthetically
pleasing view of the Downtown for rail patrons.
GATEWAY DISTRICT (GD)
Section 14.60 Statement of Intent
This district is suitable for the development of new mixed -use and stand -alone
residential projects.
The intent of the Gateway District (GD) is to create the primary entryway into the
downtown area. The uses in this district include residential, office, and commercial
services. Parking is screened from traffic and pedestrians. Street beautification
with landscape and architectural enhancements is encouraged. Architectural styles
should reflect the City's extensive and diverse history. The following regulations,
except to the extent that they may be modified by a combining district, shall apply to
every lot and building in a Gateway District (GD).
Section 14.61 Permitted Uses and Conditional Uses
Land in the Gateway District (GD) may be used as provided in the Commercial Use
Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 14.62 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Gateway District (GD)
shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 of this Ordinance.
Section 14.63 Density
The Gateway District (GD) is composed of commercial and mixed use projects and
stand alone residential projects. Commercial and mixed use projects have a
maximum floor area ratio (FAR) of 0.75. Stand alone residential projects have at
most 30 dwelling units per acre (du /ac).
14 -6
Section 14.64 Railro...., Corridor
Properties that abut the railroad corridor must provide "standard" fencing design that
will be commercial grade, six -foot tall, black powder coated metal, with vertical slats
and top and bottom rail as well as a five -foot minimum landscape planter area
adjacent to the railroad corridor. The intent of the City and Public Utilities
Commission is to create a pedestrian pathway along the east side of the railroad
corridor between Tenth Street and Leavesley Road. Additional articulation should
be provided on building facades that face this corridor to promote an aesthetically
pleasing view of the Downtown for rail patrons.
14 -7
ZONING SECTION 15
C3 SHOPPING CENTER COMMERCIAL DISTRICT
Section 15.10 Statement of Intent
The intent of the C3 Shopping Center Commercial District is to provide areas in the
city suitable for commercial uses of a high intensity and of a City -wide or regional
character. Businesses in the C3 Shopping Center Commercial District should be
restricted to those which cater to residents of the entire City and its surrounding
region. Ample landscaping, large setbacks, ample parking and creative design are
encouraged in the C3 Shopping Center Commercial District. The following
regulations, except to the extent that they may be modified by a combining district,
shall apply to every lot and building in a C3 Shopping Center Commercial District.
Section 15.20 Permitted Uses and Conditional Uses
Land in the C3 Shopping Center Commercial District may be used as provided in
the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may
be permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 15.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the C3 Shopping Center
Commercial District shall be as established in the Commercial Site and Building
Requirement Table, Section 19.20 of this Ordinance.
15 -1
ZONING SECTION 16
HC HIGHWAY COMMERCIAL DISTRICT
Section 16.10 Statement of Intent
The intent of the HC Highway Commercial District is to provide areas in the City
suitable for commercial uses that cater primarily to visitors. The uses in this district
are intended to have immediate access from major freeways. Ample parking,
landscaping, and creative design are encouraged in the HC Highway Commercial
District. The following regulations, except to the extent that they may be modified by
a combining district, shall apply to every lot and building in a HC Highway
Commercial District.
Section 16.20 Permitted Uses and Conditional Uses
Land in the HC Highway Commercial District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 16.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the HC Highway Center
Commercial District shall be as established in the Commercial Site and Building
Requirement Table, Section 19.20 of this Ordinance.
16 -1
ZONING SECTION 1.
CM COMMERCIAL INDUSTRIAL DISTRICT
Section 17.10 Statement of Intent
The intent of the CM Commercial Industrial District is to provide areas in the City
suitable for low- intensity commercial uses that exist in combination with light
manufacturing or light industrial uses. Ample landscaping and creative design are
encouraged in the CM Commercial Industrial District. The following regulations,
except to the extent that they may be modified by a combining district, shall apply to
every lot and building in a CM Commercial Industrial District.
Section 17.20 Permitted Uses and Conditional Uses
Land in the CM Commercial Industrial District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be
permitted with a conditional use permit, which may be issued by the Planning
Commission in accordance with the regulations in Section 50.30 of this Ordinance.
Section 17.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the CM Commercial Industrial
District shall be as established in the Commercial Site and Building Requirement
Table, Section 19.20 of this Ordinance.
17 -1
ZONING SECTION 18
RESERVED
18 -1
ZONING SECTION
COMMERCIAL TABLES
Section 19.10 COMMERCIAL USE TABLE
Section 19.11 Statement of Intent
The intent of this Commercial Use Table is to clearly and precisely designate
permitted uses and conditional uses within each of the following districts:
PO PROFESSIONAL OFFICE
C1 NEIGHBORHOOD COMMERCIAL
C3 SHOPPING CENTER COMMERCIAL
HC HIGHWAY COMMERCIAL
CM COMMERCIAL INDUSTRIAL
Downtown Specific Plan Districts
DHD DOWNTOWN HISTORIC DISTRICT
DED DOWNTOWN EXPANSION DISTRICT
CCA CIVIC /CULTURAL ARTS DISTRICT
TD
TRANSITIONAL DISTRICT
CD
CANNERY DISTRICT
GD
GATEWAY DISTRICT
Section 19.12 Designation of Commercial Uses
The Commercial Use Table indicates whether a variety of uses are
unconditionally permitted, permitted only with a conditional use permit from
the Planning Commission, or permitted only under special conditions. The
Planning Commission, or its designee, shall determine, upon written request,
whether or not any use not listed in the Commercial Use Table is similar in
character to a described use for the purpose of applying the district
regulations and conditions.
19 -1
Section 19.13 (a) %,.,mmercial Use Table
19 -2
PO
C1
C3-
HC
CM
COmmetCial Uses
Adult Businesses
C
Animal Boarding
C
CIb
Animal Grooming or Training
X
X
X
Animal HospitalNeteri nary Office
C
C
X
X
Antique Shop
X
X
X
X
Appliance Repair
X
X
X
Arcade
X
X
Art Studio or Gallery
X
X
X
Auction House
X
X
Auto Body Repair & Painting
C
Automobile Parts Sales
X
X
X
Automobile Repair
X
X
Automobile Sales (indoor or outdoor)
X
X
Automobile Sales, Temporary 6
C
C
C
Car Wash
X
X
Gasoline Station
C
X
X
X
Tire Shop
X
X
X
Bank
C
X
X
X
Bakery
X
X
C
X
Bars: On -site liquor consumption
(except as ancillary to a restaurant use)
C
X
X
X
Bed and Breakfast Establishment
X
X
X
X
Boat Sales
X
X
Bowling Alley
X
X
Building Materials Sales and Storage
X
X
Card Room
C
C
Clothing Sales/ Service Establishment
X
X
X
Contractor's Yard
X
Dance Venue, Small
X
X
X
X
Dance Venue, Medium 12
X
X
Dance Venue, Large 12
X
X
Desktop Publishing /Copy Shop
X
X
X
X
Feed Store
C
C
X
Festival
T
T
T
19 -2
19 -3
PQ
C1
:.C3
HC
CM
Commercial Uses_ (Continued)
_
Grocery Store or Deli
X
X
X
Gymnasium /Health Studio
X
X
X
Home Occupation
X
X
X
X
Hotel, Motel
X
X
X
Laboratory (Research)
C
X
X
Landscape Nursery
X
X
Liquor Sales with tasting (Wine and
Beer only) 9
X
X9
X
Liquor Sales Off site
consumption)
Cu
X
X9
X
Medical or Dental Office /Clinic
X
X
X
X
Mortuary or Crematory
X
X
Newspaper Printing Facility
X
Office
X
X
X
X
Outdoor Amusement/ Recreation 14
C
C
C
Parking Lot
X
X
X
Pawn Shop
X
X
Personal Services 11
X
X
X
Pool & Billiards Establishment
X
X
Printing/ Sign Painting
Establishment
X
X
Restaurant
X
X
X
X
Retail Sales Establishments
X
X
C
X
Theater
X
X
X
Therapy Clinic (licensed provider)
X
X
X
X
Tire Shop
X
X
X
Tow Yard
C
Travel Trailer or Camping Facility
C
Light Industrial Uses
Light Industrial Uses Permitted in
M 1'
X
Plumbing or Sheet Metal Shop
X
Pottery and Ceramics
Manufacturing
X
Truck Stop
C
C
19 -3
M� h li r'
.,r, .... -
P0.
C1
C3 J
HC' r
GM
Public & Semi- Public Uses
Ambulance Service
X
X
X
X
Religious Institution
X
X
X
C
Community Center
C
X
X
Day Care Center
C
X
X
C
Hospital, Rest Home, Sanitarium
X
X
Lodge, Club, or Fraternal Hall
C
C
X
X
Public Facility
X
X
X
C
X
School (Private _5 12 Students)
X
X
X
X
School (Private > 12 Students)
C
C
C
C
Ilk esiden:t al JUses,
Boarding or Rooming House
C
Caretaker's Quartersz
C
C
C
C
C
Residential Unit
C
X
X
Temporary Uses
Christmas Tree Lot
T
T
T
T
Outdoor Booth /Sales
T
T
T
T
T
X = Unconditionally permitted
T = Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
1- Conditionally permitted in the C3 District except for C3 property that is part of a block which
abuts First Street, and in accordance with the requirements set forth in Section 28.
2- If a caretaker's residence is in a trailer or a mobile home, a conditional use permit is required and
is valid for only one (1) year, with a maximum one (1) year extension. One (1) unit for
caretaker's quarters is an unconditionally permitted use when in conjunction with hotels, motels,
bed and breakfast establishments, ambulance services, churches or mini - storage facilities.
3- Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (Shopping
Center Commercial), shall meet the following findings prior to establishment:
(a) The intent of the proposed business is to merchandise products and /or provide services
to a clientele base which represents a regional draw, and
(b) A regional draw shall mean a clientele base with at least seventy -five percent (75 %) of
the customers residing outside the City limits.
4- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is
the preparation and service of food.
19 -4
5- Residential units may be allowed in conjunction with an existing business. Residential units in
the C3 zones may be allowed when located on the second or third floor of a building. More than
one residential unit may be allowed upon approval of a Conditional Use Permit pursuant to
Section 50.30. All residential unit projects within commercial zones shall comply with the
following guidelines:
(a) The number of residential units shall not compromise the quality or character of any existing
or proposed businesses located on the same property;
(b) The number of residential dwellings shall be limited by the availability and provision of off -
street parking stalls;
(c) All bedrooms proposed for residential use shall meet minimum square footage requirements
in compliance with the Uniform Building Code; and
(d) Open space shall be provided, when feasible.
6- A Conditional Use Permit may be granted to an auto - related sales business for up to four (4)
temporary auto sale events on the same property within one (1) calendar year.
7- Uses allowed in the M1 zoning district subject to a Conditional Use Permit are also subject to
Conditional Use Permit in the CM zoning district.
8- These uses are unconditionally permitted on the second story and above. Anytime these uses are
proposed for the first floor (sidewalk level), a Conditional Use Permit is required.
9- Requests for new ABC liquor licenses are subject to review and approval of the City's ABC
Committee and the Chief of Police.
10- Permitted only if the regulations of Section 40 of this Ordinance are met.
11- Commercial uses providing needed services of a personal nature. Personal services generally
include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe
repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors,
and tattoo and piercing parlors.
12- Provided that all provisions set forth in Chapter 8 of Gilroy City Code are satisfied.
13- Outdoor booths and sales are permitted for 30 days per calendar year, in compliance with the City's
Temporary Use Policy.
14- Outdoor amusement and recreation facilities require a Conditional Use Permit. Indoor amusement
and recreation facilities are permitted without a Conditional Use Permit.
15- A Conditional Use Permit is required for animal boarding within 150 feet of residential properties
and /or for businesses that board animals outside. Businesses that board animals more than 150 feet .
from residentially -zoned properties do not require a conditional use permit as long as the animals are
contained inside a building.
[L'1
Section 19.13 (b) wmmercial Use Table (Specific Plan L..otricts)
.1
DH'D
DIED
CCA
TD
CD'
GD._.
Commercial Uses
Animal Boarding
X11
X
X
C
Animal Grooming or Training
X
X
X
X
Animal Hospital/Veterinary Office
X
Antique Shop
X
X
X
X
Appliance Repair
X
X
X
Arcade and Internet Access as
primary use
X
X
X
X
Art, Dance, Gymnastic and Music
Studios or Galleries
X
X
X
X
X
X
Art, Handicraft
X
X
Auction House
X4
X
X
Automotive Body Repair & Painting
C
Automotive: Car Stereos and Alarm
Systems Sales and Installation
—77--
-Tr-
X
Automotive Car Wash
X
Automotive Gasoline Station
X10
X
Automotive Parts Sales
X10
X
Automotive Repair and Service
X10
X
Automotive Sales
X9
X
X
Automotive Sales, Temporary 3
C
C
C
C
Automotive Tire Shop
X
X
Bank
X
X
X
X
X
Bakery/Coffee House
X
X
X
X
X
X
Bakery, Commercial
C
C
X
X
Bed and Breakfast Establishment
X
X
X
Boat and Motorcycle Sales
X
X
Bowling Alley
X
X
X
Building Materials Sales and Storage
X
Card Room
C
C
Clothing Sales /Service Establishment
X
X
X
X
X
Cottage Industry with light
manufacturing and assembly
X
X
Dance Venue, Small
X
X
X
X
X
X
Dance Venue, Medium 15
X
X
X
X
X
X
Dance Venue, Large
X
X
X
C
Desktop Publishing /Copy Shop
X 4
X
X
X
X
X
Festival
T
T
T
T
T
T
.1
19 -7
DHD
QED
CCA,
T,D
CD
G D,
Commercial:.Uses (Continued)
Grocery Store or Deli (Not
supermarket)
X
X
X
X
X
X
Gymnasium /Health Studio
X
X
X
X
X
X
Home Occupation
X
X
X
X
X
X
Hotel, Motel
C
X
X
Laboratory (Research and Testing)
x4
C
C
X
Landscape Nursery
X
Liquor Sales /Bars (On site
consumption)5
C
X
C
C
X
Liquor Sales (Off site consumption)5
C
X
C
X
Liquor Sales with Tasting
(Wine and Beer only)
C
X
X
X
X
Medical or Dental Office/Clinic
X4
X
X
X
Museums
X
X
X
X
X
X
Mortuary or Crematory
C
X
X
Newspaper Printing Facility
X
Office
X4
X
X
X
X
X
Outdoor Amusement/Recreation
C
Parking Lot (Automobile Parking)
X
X
X
X
X
X
Pawn Shop
X
X
Personal Services
X
Xts
X
X
X
X
Pool & Billiards Establishment
X
X
C
Printing/ Sign Painting Establishment
X
X
X
X
Restaurant
X
X
X
X
X
X
Restaurant with drive through
X
X
Retail Sales 10,000 sq. ft. or less
X
X
X
X
X
Retail Sales 10,001 sq. ft. to 50,000
sq. ft.
X
X
Retail Sales 50,001 sq. ft. or more
X
Supermarket
X
X
Theater
X
X
X
X
X
X
Therapy Clinic (licensed provider)
X
X
X
X
X
Tow Yard (No dismantling or parts
sales)
C
19 -7
r,
DHD 3
DED
CCAyT'D3
,,Cp
G �E,,
Publics Semi - Public Uses
n
.
- --
- -
Ambulance Service
X
X
X
Community Center
X
X
X
X
X
X
Day Care Center
C
X
X
X
X
Hospital, Rest Home, Sanitarium
C
X
Lodge, Club, or Fraternal Hall
X
C
X
C
X
Public Facility
X
X
X
X
X
X
Religious Institution
X4
X
X
X
X
School (Private <_ 12 Students)
X
X
X
X
X
X
School (Private > 12 Students)
C
C
C
C
C
C
.Residential Uses .,
Boarding or Rooming House
C
C
C
Caretaker's Quarters
X
X
X
X
X
C
Residential Units
X
X
X
X
X
X
Temporary Uses �
..:
Bazaar
T
T
T
T
T
Christmas Tree Lot
T
T
T
T
Outdoor Booth /Sales
T
T
T
T
T
T
X = Unconditionally permitted
T = Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
Footnotes to Permitted Uses Table
1- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the
preparation and service of food, and liquor is served as a clearly ancillary use.
2- All residential unit projects within commercial zones shall comply with the following guidelines:
(a) The number of residential units shall not compromise the quality or character of any existing or
proposed businesses located on the same property;
(b) The number of residential dwellings shall be limited by the availability and provision of off street
parking stalls or as allowed by ordinance;
(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in
compliance with the Uniform Building Code; and
(d) Open space shall be provided, when feasible.
(e) Notwithstanding subsections (a) and (b) above, the minimum residential density in the DHD,
DED and CD districts shall be 20 units per acre.
3- A Conditional Use Permit may be granted to an auto related sales business for up to four temporary
auto sales events on the same property within one calendar year.
4- These uses are unconditionally permitted on the second story and above. Anytime these uses are
proposed for the first floor (sidewalk level), a conditional use permit is required, except that first floor
office uses shall be allowed in the DHD without a conditional use permit for a period of three years
until April 6, 2014. After that date, conditional use permit approval shall be required for new first floor
office uses in the DHD. Residential units in these zones shall not front on the street.
5- Requests for new ABC liquor licenses are subject to review and approval of the City's ABC
Committee and the Chief of Police.
19 -8
6- Permitted only if the, _ ,nations of Section 40, Home Occupation-. the Zoning Ordinance are met.
7- Commercial uses providing needed services of a personal nature. Personal services generally
include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe
repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors,
and tattoo and piercing parlors, except where expressly prohibited (see footnote 8).
8- Uses offering the primary personal services of massage, tattoo, and /or piercing are prohibited.
9- Indoor only for the display and sales of automobiles with no repair or servicing.
10- Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side
street on the one -half block west of Gourmet Alley.
11- Day boarding only allowed; no overnight boarding.
12- Must have a prominent ancillary retail outlet or use.
13- Must be approved by a Conditional Use Permit if within 150 feet of a residential use.
14- Residential units may be allowed on the ground floor if located between Eigleberry and Church
Streets behind a business.
15- Provided that all other provisions set forth in Chapter 8 of Gilroy City Code are satisfied.
16- Up to three (3) large dance venues are allowed in the DHD- Downtown Historic District, DED-
Downtown Expansion District, CCA- Civic/ Cultural Arts Districts, combined, and only located on
Monterey Street between 1 s' St. and 10thSt. and only with a Downtown Special Use Permit granted by
the Community Development Director or designee and provided that all provisions set forth in
Chapter 8 of the Gilroy City Code are satisfied. City Council approval is required for the fourth (4th) or
more large dance venue in the DHD- Downtown Historic District, DED- Downtown Expansion District,
CCA -Civic/ Cultural Arts District, combined, and only located on Monterey Street between 1 st St. and
10thSt. and only with a Downtown Special Use Permit granted by the Community Development
Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy Code are
satisfied.
17- Sales shall be limited to car stereos and alarm systems, and installation and servicing must take
place indoors. In the Gateway District, outdoor installation and servicing may occur. However, a
Conditional Use Permit is required if located within 150 feet of a residentially -zoned property.
18- Outdoor amusement and recreation facilities require a Conditional Use Permit. Indoor amusement
and recreation facilities are permitted without a Conditional Use Permit.
19- A Conditional Use Permit is required for animal boarding within 150 feet of residential properties
and /or for businesses that board animals outside. Businesses that board animals more than 150 feet
from residentially -zoned properties do not require a conditional use permit as long as the animals are
contained inside a building.
19 -9
SECTION 19.20 COMMERCIAL SITE AND BUILDING REQUIREMENT TABLE
Section 19.21 Statement of Intent
The intent of the Commercial Site and Building Requirement Table is to clearly
and precisely establish the basic site and building regulations which shall apply
to all development in each of the following districts:
PO PROFESSIONAL OFFICE
C1 NEIGHBORHOOD COMMERCIAL
C3 SHOPPING CENTER COMMERCIAL
HC HIGHWAY COMMERCIAL
CM COMMERCIAL INDUSTRIAL
DOWNTOWN SPECIFIC PLAN DISTRICTS
DHD DOWNTOWN HISTORIC DISTRICT
DED DOWNTOWN EXPANSION DISTRICT
CCA CIVIC /CULTURAL ARTS DISTRICT
TD TRANSITIONAL DISTRICT
CD CANNERY DISTRICT
GD GATEWAY DISTRICT
Section 19.22 Designation of Commercial Site and Building Requirements
The figures in the Commercial Site and Building Requirement Table establish
lot, yard, and height requirements for each of the commercial zoning districts.
The table also indicates where additional site and building requirements,
including but not limited to off - street parking, landscaping, signing, fences and
obstructions, and performance standards, apply to commercial zoning districts.
MOO,
Section 19.23 a Comk.,ercial Site and Building Re uireniant Table
Commercial District Requirements
PO
C1
C3
HC
CM
LOT REQUIREMENTS
Lot Size in Sq. Ft. (min.) (Lots created
8000
none
none
none
none
cior to September 2005)
Lot Size in Sq. Ft. (min) (Lots created
8880
none
none
none
none
after September 2005)
LOT COVERAGE
YARD REQUIREMENTS (Min.
setbacks in feet.)
Front (Measured from the face of curb)
31
31
41
31
26
Side (Adjacent to street) Measured from
21
21
31
31
26
the face of curb)
Side (All other side yards)
6
**
0
**
**
Rear
**
**
0
**
**
HEIGHT REQUIREMENTS
(Maximum)
Building Height in Feet'
35
35
75
75
35
Number of Stories
2
2
6
6
2
ADDITIONAL REGULATIONS (PART II)
Off - Street Parking, Sec. 31
Yes
Yes
Yes
Yes
Yes
Fences, Sec. 34
Yes
Yes
Yes
Yes
Yes
Signs, Sec. 37
Yes
Yes
Yes
Yes
Yes
Landscaping, Sec. 38
Yes
Yes
Yes
Yes
Yes
Performance Standards, Sec. 41
Yes
Yes
Yes
Yes
Yes
ESTABLISHED DEVELOPMENT POLICIES
Commercial Condominium Policy
Yes
Yes
Yes
Yes
Yes
Consolidated Landscaping Policy
Yes
Yes
Yes
Yes
Yes
Industrial Design Guidelines
n/a
n/a
n/a
n/a
Yes
Leavesley Road Policy
n/a
n/a
Yes
Yes
Yes
Street Furniture Policy
Yes
Yes
Yes
Yes
Yes
Tenth Street Policy
n/a
n/a
Yes
n/a
Yes
* Within existing setbacks
** Setback from a rear or side property line shall match the setback required along the same property
line for the most restrictive adjacent property. (There is no setback requirement if the adjacent
property is in the same zoning district.
'- The Planning Division Manager may approve architectural features such as tower elements, elevator
service shafts, and roof access stairwells which extend up to ten percent (10 %) above the height limit.
19 -11
Section 19.23(b) Commetm al Site and Building Requirement Ta ".e
(Downtown Specific Plan Districts)
Commercial District Requirements
DHD
DED
CCA
TD
CD
GD
LOT REQUIREMENTS
Lot Size in Sq. Ft. (min.)
none
none
none
none
none
none
LOT COVERAGE (use FAR or Density, not both)
Floor Area Ratio (FAR)
2.5
2.5
1.55
2,05
0.755
Monterey St. to Church St. (FAR)
1.5
Church St. to Dowdy St. (FAR)
1.0
DENSITY (use FAR or Density, not both)
20 du/ac
40 du /ac
30 du/ac
YARD REQUIREMENTS (Setbacks in
feet measured from property line.)
Minimum/Maximum
Front
0115
0115
0 /none
0115
15 /none
Side (Adjacent to street)
0/10'
0/10'
0 /nonel
10 /none
15 /none
Side (All other side yards)
0 /none2
0 /none2
0 /none2
0 /10
15 /none
Rear
03 /none
03 /none
0 /none
0 /none
10 /none
Special circumstances
Minimum/Maximum
Eigleberry Street to Church Street
Front
0 /10
Side (Adjacent to street)
10 /none
Side (All other side yards)
0 /10
Rear
10 /none
Church Street to Dowdy Street
Front
20 /none
Side (Adjacent to street)
10 /none
Side (All other side yards)
10 /none
Rear
I 0 /none
East of Eigleberry Street
Front
0/15
Side (Adjacent to street)
10 /none'
Side (All other side yards)
0 /none2
Rear
0/5
West of Eigleberry Street
Front
154 /none
Side (Adjacent to street)
10 /none
Side (All other side yards)
5 /none
Rear
10 /none
1- To be reviewed for vehicular site distance
2- To be reviewed by Staff to insure compliance with urban design principles.
3- Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is 5 P to accommodate drive
access & parking.
4- Ten foot setback to property line allowed with a porch.
5- Use either floor area ratio or stand alone residential density to determine project size.
19 -12
Commercial District Requirements
DHD
DED
CCA
TD
CD
GD
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet6
50
50
50
40
50
40
Fronting Railroad Street
35
Number of Stories'
4
4
4
3
4
3
BUILDING FORM
Street Front Building Height (Minimum
25 min
25 min
25 min
None
25 min
None
feet)
Yes
Yes
Yes
No
No
No
Third and Fourth Floor setback required
Facades greater than 40 feet in length
Yes
Yes
No
No
No
No
shall
replicate traditional 20 to 40 feet store
fronts.
RAILROAD CORRIDOR STANDARD
Yes
Yes
No
No
Yes
Yes
(see Railroad Corridor Standards, Section
14
ADDITIONAL REGULATIONS (PART II)
Off - Street Parking, Sec. 31
Yes
Yes
Yes
Yes
Yes
Yes
Fences, Sec. 34
Yes
Yes
Yes
Yes
Yes
Yes
Signs, Sec. 37
Yes
Yes
Yes
Yes
Yes
Yes
Landscaping, Sec. 38
Yes
Yes
Yes
Yes
Yes
Yes
Performance Standards, Sec. 41
Yes
Yes
Yes
Yes
Yes
Yes
ESTABLISHED DEVELOPMENT
POLICIES
Commercial Condominium Policy
Yes
Yes
Yes
Yes
Yes
Yes
Street Furniture Policy
Yes
Yes
Yes
Yes
Yes
n/a
Tenth Street Policy
n/a
Yes
n/a
Yes
n/a
n/a
6- The Planning Division Manager may approve architectural features such as tower elements, elevator
service shafts, and roof access stairwells which extend up to ten percent (10 %) above the height limit.
7- New buildings should be no more than two stories higher or lower than neighboring buildings. If higher or
lower buildings are desired, the massing should be stepped so as to create a smooth transition.
19 -13
ZONING SECTION...,
M1 LIMITED INDUSTRIAL DISTRICT
Section 20.10 Statement of Intent
The intent of the M1 Limited Industrial District is to designate industrial areas in the
City that are appropriate to locate in close proximity to residential and commercial
zones. The M1 Limited Industrial District is suitable for small -scale light
manufacturing and industrial park uses with low noise and traffic levels, not
generally frequented by retail users. The following regulations, except to the extent
that they may be modified by a combining district, shall apply to every lot and
building in an M1 Limited Industrial District.
Section 20.20 Permitted Uses and Conditional Uses
Land in the M1 Limited Industrial District may be used as provided in the Industrial
Use Table, Section 23.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 20.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the M1 Limited Industrial
District shall be as established in the Industrial Site and Building Requirement Table,
Section 23.20 of this Ordinance.
Section 20.40 Murray -Las Animas Avenue Overlay Combining District
The Murray -Las Animas Overlay Combining District includes all parcels within the
geographical area bounded by Leavesley Avenue to the south, 101 Freeway to the
east, Cohansey Avenue to the north and Monterey Road to the west. The Planning
Commission shall hold a public meeting noticing all property owners and residents
within this area on any planning project requiring an Architecture and Site Review
application proposed for approval within this geographical area. The public noticing
costs shall be borne by the project applicant. Notwithstanding Section 50.41 of this
Ordinance the Planning Commission shall review and issue or deny approval of said
application according to the standards set forth in Section 50.40 and in the Murray -
Las Animas Avenue Overlay Combining District Design Policy. The applicant if not
satisfied with the terms and conditions of approval or a denial from the Planning
Commission may appeal such decision in writing to the City Council within twenty
(20) days of the Planning Commission's decision.
20 -1
ZONING SECTION A. .
M2 GENERAL INDUSTRIAL DISTRICT
Section 21.10 Statement of Intent
The intent of the M2 General Industrial District is to provide areas in the City suitable
for large -scale manufacturing, assembly, storage, distribution and wholesaling of
materials. Because of the potential for environmental impacts and land use
conflicts, M2 General Industrial Districts should be located near freeways. M2
General Industrial Districts should be located away from all residential districts. The
following regulations, except to the extent that they may be modified by a combining
district, shall apply to every lot and building in an M2 General Industrial District.
Section 21.20 Permitted Uses and Conditional Uses
Land in the M2 General Industrial District may be used as provided in the Industrial
Use Table, Section 23.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in
accordance with the regulations in Section 50.30 of this Ordinance.
Section 21.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the M2 General Industrial
District shall be as established in the Industrial Site and Building Requirement Table,
Section 23.20 of this Ordinance.
21 -1
ZONING SECTION 22
Cl CAMPUS INDUSTRIAL DISTRICT
Section 22.10 Statement of Intent
The intent of the Cl Campus Industrial District is to designate areas in the City to
encourage high -tech industrial development, promote economic diversification and allow
for local employment centers that provide opportunities for people to live and work locally.
Development in the Campus Industrial District will require higher standards of architectural
design and landscaping that meets the Commercial District standards. The following
regulations, except to the extent that they may be modified by a combining district, shall
apply to every lot and building in the Cl Campus Industrial District.
Section 22.20 Permitted Uses and Conditional Uses
Land in the Cl Campus Industrial District may be used as provided in the Industrial Use
Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance
with the regulations in Section 50.30 of this Ordinance.
Section 22.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Cl Campus Industrial District
shall be as established in the Industrial Site and Building Requirement Table, Section
23.20 of this Ordinance.
22 -1
ZONING SECTION
INDUSTRIAL TABLES
Section 23.10 INDUSTRIAL USE TABLE
Section 23.11 Statement of Intent
The intent of this Industrial Use Table is to clearly and precisely designate permitted
uses and conditional uses within each of the following districts:
Cl CAMPUS INDUSTRIAL
M1 LIMITED INDUSTRIAL
M2 GENERAL INDUSTRIAL
Section 23.12 Designation of Industrial Uses
The Industrial Use Table indicates whether a variety of uses are unconditionally
permitted, permitted only with a conditional use permit from the Planning
Commission, or permitted only under special conditions. The Planning Commission,
or its designee, shall determine, upon written request, whether or not any use not
listed in the Industrial Use Table is similar in character to a described use for the
purpose of applying the district regulations and conditions.
23 -1
Section 23.13 h._..ustrial Use Table
23 -2
Mt
M
Commercial Uses
Ancillary Retail 4
C
C
C
Animal Hospital /Kennel
C
X
Amusement or Recreation Facility
C
C
Automobile Repair or Body Shop
X
X
Building Materials Sales and Stora a Establishments
X
X
Cafeteria for employees only)
X
X
I X
Dry Cleaning & Laundry Facilities Bulk
X
X
Office (Corporate)
X
X
X
Printing Shops
X
X
X
Professional Offices
X
X
Recreational Vehicle Park, Travel Trailer Park or Camping
Facility
C
C
Restaurant
X
C
C
Trailer Commercial Truck and Industrial Equipment Lease or
X
X
Veterinarian Office
X
Industrial Uses
CI
M1,
L. M2
Assembly Plant - Electronics
X
X
X
Assembly Plant - Light Scientific/Medical
X
X
X
Assembly Plant - Heavy ehiciesNessels /E ui ment
X
Cabinet Shop
X
X
Chemical Supply Establishment
X
Concrete Batch Plant
C
Contractor's yard
X
X
Crematorium
X
X
Data Processing Establishment
X
X
X
Distribution Facility
X
X
Feed Yard
C
X
Food Processing Plant
C
X
Haz.Waste Transport, Recycling, Processing, or Storage
Facility
C
Laboratory
X
X
Lumber Yard
X
X
Machine Shop
X
X
Manufacturing Plant- Electronic Components, Plastics
C
C I
X
Manufacturing Plant-Heavy (Vehicles, Equipment, etc.
X
Manufacturing Plant-Light Scientific/Medical
X
X
X
Mini-Storage, Locker Storage and Rental Facilities
X
X
Music Studio
X
X
X
Research and Development Facility
X
X I
X
Sheet Metal Fabrication
X
Tow Yard
C
X
Truck Service Station Stop, or Terminal
C
C
Truck Storage or Parking Yard
C
X
Truck Stop
C
C
23 -2
Cl M1 I M2
I Weldinq Facility I I X I X
Wrecking Yard or Dismantling Facility
C
Putilic & `Semi - Public Uses
Religious Institution
C
C
Day Care Center
X
C
Hospital or Clinic
X
C
C
Public Utility Service
X
X
Schools (Colleges, Vocational, trade schools)
X
X
C
Temporary Uses
_77--
- -
T
T T
T T
X = Unconditionally permitted
C = Permitted only with Conditional Use Permit granted by Planning Commission
T = Temporary Use - See Section 47
1- If a caretaker's residence is in a trailer, recreational vehicle, or a mobile home, it will be permitted
for only one (1) year, with a maximum one (1) year extension.
2- Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City
of Gilroy water well.
3- All hazardous waste transport, recycling, processing and storage facilities must comply with the
County of Santa Clara's Hazardous Waste Management Plan.
4- Ancillary retail sales uses include the sales, rental, display, storage, repair and servicing of
commodities as part of an existing industrial business. Ancillary retail uses that do not exceed 10%
of the gross enclosed floor area for buildings that are 10,000 square feet or less, or ancillary retail
uses that do not exceed 5% of the gross enclosed floor area for buildings that are larger than
10,000 square feet may be approved by the Planning Division Manager, subject to the definition of
"ancillary uses." Ancillary retail sales uses which are not approvable by the Planning Division
Manager will require approval of a Conditional Use Permit. Conditional Use Permit findings on
"ancillary retail" sales uses are subject to the following criteria:
(a) The floor area used for retail display and sales occupies no more than twenty -five (25)
percent of the gross floor area of the building.
(b) The area used for retail display and sales is separated from the remainder of the building
area by a partition.
(c) All retail display and sales uses are conducted within a completely enclosed building.
(d) The retail use complies with all parking requirements of Section 31 of this Ordinance. Such
uses do not increase the amount of parking or traffic beyond that generally associated with
the primary industrial use.
(e) The retail use (including any signage, displays and advertising) is in keeping with the
industrial character of the district.
5- Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed
industrial use for the district.
23 -3
Section 23.20 INDUSTRIAL SITE AND BUILDING REQUIREMENT TABLE
Section 23.21 Statement of Intent
The intent of the Industrial Site and Building Requirement Table is to clearly and
precisely establish the basic site and building regulations which shall apply to all
development in each of the following districts:
Cl CAMPUS INDUSTRIAL
M1 LIMITED INDUSTRIAL DISTRICT
M2 GENERAL INDUSTRIAL DISTRICT
Section 23.22 Designation of Industrial Site and Building Requirements
The figures in the Industrial Site and Building Requirement Table establish lot, yard,
and height requirements for each of the industrial zoning districts. The table also
indicates where additional site and building requirements, including, but not limited
to, off - street parking, landscaping, signing, fences and obstructions, and
performance standards, apply to industrial zoning districts.
23 -4
Section 23.23 i..dustrial Site and Building Requireanent Table
I'ndustnal DistnctRe. uirements _ __ __ . - _
1- All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the
east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray -Las
Animas Overlay Combining District. Properties in this district are subject to the requirements of
Zoning Ordinance section 20.40 and to the "Murray -Las Animas Avenue Overlay Combining
District Design Policy."
23 -5
Cl` _
__,_ _M1 _-
_ M2__.
LOT REQUIREMENTS
Building Coverage (Maximum)
50%
60%
60%
YARD REQUIREMENTS (Minimum setbacks in
feet)
41
41
26
Front (measured from the face of curb)
20
None
None
Side
31
31
31
Side (Adjacent to street — Measured from the face of
20
None
None
curb)
Rear
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet
35
35
75
Number of stories
2
2
6
ADDITIONAL REGULATIONS (See Chapter 2)
Off - Street Parking Section 31
Yes
Yes
Yes
Fences and Obstructions Section 34.
Yes
Yes
Yes
Signing Section 37
Yes
Yes
Yes
Landscaping Section 38
Yes
Yes
Yes
Performance Standards Section 41
Yes
Yes
Yes
ESTABLISHED DEVELOPMENT POLICIES
Industrial Condominium Policy
Yes
Yes
Yes
Consolidated Landscaping Policy
Yes
Yes
Yes
Industrial Design Guidelines
Yes
Yes
Yes
Leavesley Road Policy
Yes
Yes
n/a
Tenth Street Policy
Yes
Yes
Yes
1- All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the
east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray -Las
Animas Overlay Combining District. Properties in this district are subject to the requirements of
Zoning Ordinance section 20.40 and to the "Murray -Las Animas Avenue Overlay Combining
District Design Policy."
23 -5
ZONING SECTION..,
OPEN SPACE DISTRICT
Section 24.10 Statement of Intent
The purpose and intent of this district is:
(a) To protect the public health, safety and welfare;
(b) To protect and preserve open space land as a limited and valued resource;
(c) To permit the reasonable use of open space land;
(d) To preserve and protect open space in order to assure its continued
availability as agriculture land, scenic land, recreation land, conservation or
natural resource land, land for the containment of urban sprawl and the
structuring of urban development, or land in its natural or near natural state
which protects life and property in the community from the hazards of fire,
flood, and seismic activity;
(e) To designate land environmentally not suitable for development; and
(f) To coordinate with and carry out Federal, State, Regional, County and City
open space plans.
Section 24.20 Permitted Uses and Conditional Uses
Section 24.21 Permitted Uses
The following uses are unconditionally permitted:
(a) Agricultural uses:
(1)
Animal husbandry.
(2)
Crops.
(3)
Dairying.
(4)
Horticulture, including nurseries.
(5)
Livestock farming.
(6)
Tree farming.
(7)
Viticulture and similar uses not inconsistent with the intent and
purpose of this Section.
(8)
Similar uses as determined by the Planning Director, subject to
review by the Planning Commission.
(b) Botanical conservatories, outdoor nature laboratories, and similar
facilities.
(c) Native wildlife sanctuaries.
Section 24.22 Conditional Uses
The following uses are permitted only with a conditional use permit from the
Planning Commission:
(a) Communication and public utility facilities.
24 -1
(b) Educa't.. oal, charitable, research and philanL,.Iopic institutions in
conjunction with permitted uses.
(c) Guest ranches.
(d) Recreational uses, such as riding academies, stables, country clubs,
golf courses.
(e) Similar uses as determined by the Planning Director.
Section 24.30 Site and Building Requirements
Section 24.31 Site Design Approval
Any construction of new buildings in an OS district must be directly related to
the use of the open space. Such construction shall be subject to
Architectural and Site Review and Approval according to the provisions of
Section 50.40 of this Ordinance.
Section 24.32 Maximum Building Height
Building height shall not exceed two (2) stories, or thirty (30) feet.
Section 24.40 Lands Environmentally Unfit for Development
The City Council shall determine which lands within the City of Gilroy are
environmentally unfit for development by designating such lands as being in an
open space (OS) district. Such lands shall include, but not be limited to, the
following:
(a) Earthquake fault areas.
(b) Flood plain areas.
(c) Liquefaction areas.
(d) Watershed or groundwater recharge areas.
(e) Extremely high fire hazard areas.
(f) Wildlife preserves and scenic corridors.
(g) Landslide areas.
Section 24.50 Special Regulations
Section 24.51 Geological Soil Investigation and Report
All applications to rezone Open Space land in earthquake fault areas,
liquefaction areas, and /or landslide areas shall be accompanied by a
combined in -depth geologic and soils investigation and report prepared,
stamped and signed by a registered geologist certified by the State of
California and by a registered civil engineer. Such reports shall be based on
surface, sub - surface, and laboratory investigations and examinations and
such reports shall fully and clearly present:
(a) All pertinent data, interpretations and evaluations.
(b) The significance of the data, interpretations and evaluations with
24 -2
respect <j the future geological processes bwo on and off the site.
(c) Recommendations for any additional investigations to be made.
Section 24.62 Landscaping
The existing natural vegetation and land formations shall remain in a natural
state unless modification is found to be necessary for a specific use and is
approved by the Planning Director. Reduction or elimination of fire hazards
shall be required where heavy concentrations of flammable vegetation
occurs. Landscaping shall be consistent with the purpose of this section.
Section 24.63 Tree Removal
Removal of live trees in areas outside public parks may be permitted upon
approval of the Planning Director. All removal shall be in accordance with the
City's "Consolidated Landscaping Policy."
Section 24.64 Access to Remote Areas
Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or
motorcycles or other wheeled vehicles shall not be developed except upon
securing approval of the Planning Director. No such approval shall be
granted except upon finding that the purpose is essential for the
establishment or maintenance of a use which is expressly permitted herein
and that the design and location of the proposed roads, tracks, driveways,
trails, or runways are compatible with the terrain.
The use of all roads, tracks, driveways, or trails which are not easements and
are existing to the detriment of the environment at the time of the adoption of
this Section, and are non - conforming or have been established without
proper approvals shall be terminated within one (1) year of OS Open Space
District designation unless given approval in accordance with the regulations
set forth in this Section.
Section 24.65 Grading
All grading shall be subject to the provisions of this Section. In those cases
where grading permits are required, no grading shall begin until a permit has
been granted and after securing approval of the Planning Director and the
City Engineer.
Section 24.66 Soil Erosion and Land Management
No site and design plan shall be approved until all erosion control measures
have been approved in accordance with adopted City standards and
specifications, and are consistent with the regulations of the OS Open Space
District. The applicant shall bear the final responsibility for the installation
and construction of all required erosion control measures according to the
provisions of each approval.
24 -3
ZONING SECTION .._
PF PARK/PUBLIC FACILITIES DISTRICT
Section 25.10 Statement of Intent
The PF Park/Public Facilities District is intended to provide land for governmental,
public utility, educational, and community service or recreational facilities. Such uses
are unique in that their proximity to sensitive land uses is not generally detrimental to
the quality of life, and in many cases, is desirable and convenient. The proper use of
this district will allow for that proximity without significant environmental impacts.
Section 25.20 Permitted and Conditional Uses
Section 25.21 Permitted Uses
The following uses are unconditionally permitted. The Planning Commission,
or its designee, shall determine, upon written request, whether or not any use
not listed below is similar in character to a described use for the purpose of
applying the regulations and conditions of this Section.
(a) All facilities owned or leased, and operated or used, by the City of
Gilroy, the County of Santa Clara, the State of California, the
government of the United States, the Gilroy Unified School District, or
any other governmental agency.
(b) Public or private colleges and universities and their related facilities.
(c) Hospitals.
(d) Cemeteries, mausoleums, crematories.
Section 25.22 Conditional Uses
The following uses are permitted only with a conditional use permit from the
Planning Commission. The Planning Commission, or its designee, shall
determine, upon written request, whether or not any use not listed below is
similar in character to a described use for the purpose of applying the
regulations and conditions of this Section.
(a) Facilities of all public utilities, and corporations or other organizations
whose activities are under the jurisdiction of the Federal
Communications Commission or the Interstate Commerce Commission.
(b) Any of the following uses, when conducted on property owned by the
City of Gilroy, the County of Santa Clara, the State of California, the
government of the United States, the Gilroy Unified School District, or
any other governmental agency, and leased for the following uses:
(1) Private educational facilities.
(2) Day care centers.
(3) Community Centers.
(4) Residential care facilities, when utilizing existing structures on the
site.
(5) Business or trade schools.
(6) Outdoor recreation service.
25 -1
(7) .- ighborhood recreation center.
(8) Art, dance, gymnastic, exercise or music studios or classes.
(9) Special education classes.
Section 25.30 Site and Building Requirements
The following site development regulations shall apply in the PF Park/Public Facilities
District.
Section 25.31 Lot Requirements
The maximum building coverage shall be thirty percent (30 %) of the site area.
Section 25.32 Yard Requirements
The minimum front, side, and rear yards in the PF Park/Public Facilities District
shall be equal to the respective front, side, and rear yards required in the most
restrictive abutting district.
Section 25.33 Maximum Building Height
The maximum building height shall be thirty (30) feet. The maximum height for
communications facilities shall be fifty (50) feet.
Section 25.34 Special Regulations
(a)
Off - Street Parking
See Section 31
(b)
Fences and Obstructions
See Section 34
(c)
Signs
See Section 37
(d)
Landscaping
See Section 38
(e)
Accessory Buildings
See Section 39
25 -2
ZONING SECTION
PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT
Section 26.10 Statement of Intent
The intent of the PUD Planned Unit Development Combining District is to allow
diversification in the relationships of buildings, structures, and open spaces in
building groups and the allowable heights of said buildings and structures, while
insuring adequate standards related to the public health, safety and general welfare
of the community. By allowing this diversification, the PUD Planned Unit
Development Combining District intends to promote unified planning and
development, economical and efficient land use, a higher standard of amenities,
appropriate and harmonious variety in physical development, creative design, and
an upgrading of the urban environment.
Section 26.20 Permitted and Conditional Uses
A minimum of seventy -five percent (75 %) of the land area of those parcels
designated as being in a PUD Planned Unit Development Combining District shall
be used for uses permitted by the base zoning district. Other land uses to a
maximum of twenty -five percent (25 %) of the PUD land area may be permitted in
accordance with a Planned Unit Development Approval which shall be obtained
according to the provisions of Section 50.50 of this Ordinance.
Section 26.30 Site and Building Requirements
Section 26.31 Lot Requirements
No parcel or lot of land within this combining district shall be split or
subdivided, except as specified in the Planned Unit Development Approval
which shall be obtained according to the provisions of Section 50.50 of this
Ordinance.
Section 26.32 Yard, Building Height, and Lot Coverage Requirements
All yard, building height, and lot coverage requirements shall be as specified
in the Planned Unit Development Approval, which shall be obtained
according to the provisions of Section 50.50 of this Ordinance.
Section 26.33 Landscaping Requirements
All landscaping requirements shall be as specified in the Planned Unit
Development Approval, which shall be obtained according to the provisions of
Section 50.50 of this Ordinance.
rr .'mil
Section 26.34 Additional Requirements
All additional requirements including, but not limited to, parking, sign and
fence requirements, shall be as specified in the Planned Unit Development
Approval, which shall be obtained according to the provisions of Section
50.50 of this Ordinance.
Section 26.40 Establishment of Combining District
The establishment of a planned unit development combining district may be in
combination with any residential, commercial or industrial district as defined in this
Ordinance. The establishment or removal of the PUD combining district shall be
processed as a zone change according to the provisions of Section 52.
Section 26.50 Development Approval Required
Section 26.51 Initial Development
All proposals for construction of any development or improvements on any lot
or parcel within this combining district shall be consistent with the Planned
Unit Development approval as provided in Section 50.50 of this Ordinance. A
Planned Unit Development Approval application shall be processed
concurrently with the PUD combining district zone change.
Section 26.52 Minor Modifications
After a completed planned unit development project has been occupied,
minor modifications and development may be permitted without Planned Unit
Development Approval (as provided in Section 50.50) if:
(a) The proposed modifications meet all of the requirements of the
underlying zoning district, and
(b) The Planning Director determines that the proposed modification or
development conforms to the intent of the original Planned Unit
Development Approval.
PT61%
ZONING SECTION
HISTORIC SITE AND NEIGHBORHOOD COMBINING DISTRICTS
Section 27.10 Statement of Intent
The intent of this Section is:
(a) to preserve historic sites and neighborhoods that represent important
elements of Gilroy's past or contribute to the community's identity or
educational resources;
(b) to enhance the visual character of Gilroy by encouraging and regulating the
compatibility of architectural styles within historic sites and neighborhoods;
(c) to identify and designate areas that have a significant concentration or
continuity of sites, buildings or objects unified by past events or physical
development;
(d) to encourage restoration of historic buildings and neighborhoods throughout
the City.
Section 27.20 Permitted Uses and Conditional Use Permits
Permitted uses in both the Historic Site and Historic Neighborhood Combining
Districts include all uses that are permitted in the base district.
Any use that is listed as a conditional use for the base district may be allowed to
locate within a Historic Site or Neighborhood Combining District subject to the
Planning Commission making all of the following findings:
(a) The proposed conditional use is compatible with the historic nature of the
property and would require minimal alteration to the building or site; and
(b) All proposed and /or required alterations would not alter the historic
significance of the building or site; and
(c) The site is adequate to accommodate any required parking, landscaping or
other amenities required as a condition of approval of the conditional use
permit.
Section 27.30 Establishment of Historic Site and Neighborhood Combining
Districts
The establishment of a Historic Site or Historic Neighborhood Combining District
may be in combination with any residential, commercial, industrial or other base
district as defined in this Ordinance. The establishment or removal of either a
Historic Site or Historic Neighborhood Combining District shall be processed as a
zone change. The Historic Heritage Committee shall review all applications for
historical designation or removal of historical designation and pass its
recommendations on to the Planning Commission and City Council. The zone
change fees, which are established from time to time by the City Council, shall be
waived for the establishment of, but not the removal of, either a Historic Site or
Neighborhood Combining District.
27 -1
Section 27.31
Any area or combination of sites within the City may be designated as a
Historic Neighborhood Combining District if it meets any one of the following
criteria:
(a) the neighborhood possesses a significant concentration or continuity
of sites, buildings, structures, or objects unified by past events or
physical development, or;
(b) the neighborhood represents an established and familiar visual feature
of the community, or;
(c) the collective historic value of the neighborhood taken together is of
greater value than each individual structure.
Section 27.32
Any site within the City may be designated as a Historic Site Combining
District if it meets any one (1) of the following criteria:
(a) it exemplifies or reflects special elements of the City's cultural, social,
economic, political, aesthetic, engineering or architectural history, or;
(b) it is identified with persons or events significant in local, state or
national history, or;
(c) it embodies distinctive characteristics of a style, type, period or
methods of construction, or is a valuable example of the use of
indigenous materials or craftsmanship, or;
(d) it is representative of the work of a notable builder, designer or
architect.
Section 27.40 Design Review Procedures
Applications to construct new structures, alter, change, modify, remove or
significantly alter the exterior of any structure within a Historic Site or Neighborhood
Combining District shall require architectural and site approval according to the
provisions of Section 50.40 of this Ordinance. An application shall be denied if the
changes would jeopardize the building's or neighborhood's architectural or historical
value. Interior remodeling or routine maintenance or repair of the exterior features
of a structure in a Historic Site or Historic Neighborhood Combining District shall not
require architectural and site review.
Section 27.41
In a Historic Neighborhood Combining District, the design of the following
proposed structures or remodeling shall be reviewed according to the
provisions of Section 50.40 of this Ordinance:
(a) construction of any type of a building that will effect the exterior
appearance of the site, neighborhood, or any structure on the site or in
the neighborhood;
(b) new construction;
27 -2
(c) relocatit— of any structure in or removal from -listoric Neighborhood
Combining District.
(d) remodeling of fifty percent (50 %) or more of the facade of any
structure.
Section 27.42
In a Historic Site Combining District, but not in a Historic Neighborhood
Combining District, the design of the following proposed structures or
remodeling shall be reviewed according to the provisions of Section 50.40 of
this Ordinance:
(a) exterior alterations to any building;
(b) interior alterations that would effect the exterior of a building;
(c) construction of any type on a building that will effect the exterior
appearance of the site, or any structure on the site;
(d) new construction;
(e) relocation of any structure into or removal from a Historic Site
Combining District
Section 27.50 Demolition Procedures
All demolition applications for structures located in either a Historic Site or
Neighborhood Combining District shall be reviewed by the Historic Heritage
Committee which shall forward its recommendations to the Planning Commission.
The Planning Commission shall review the demolition request and either deny it or
forward a recommendation of approval to the City Council in accordance with
sections 27.51 and 27.52. Architectural and Site approval shall not be given for any
new construction until the City Council has approved the demolition request.
Upon application for demolition where a structure or portion of a structure in a
Historic Site or Neighborhood Combining District has been substantially destroyed
by fire, explosion, earthquake or flood, the Chief Building Inspector and Planning
Director, after inspection of the damage, may issue the demolition permit
immediately, only when they both determine that there is imminent danger to life,
limb or health of the public and the structure is obviously not restorable due to such
damage.
Section 27.51 Historic Neighborhood Demolition Procedures
After review of each request for demolition, the Planning Commission may
recommend approval or conditional approval upon making the findings set
forth below, or may deny the request. The Planning Commission
determination for denial shall be final unless a written appeal to the City
Council is filed within twenty (20) days. If the Planning Commission
recommends approval or conditional approval, the Planning Director shall
forward to the City Council the demolition request with the Planning
Commission's recommendation. After review of the request, the City Council
may approve, conditionally approve or deny the request.
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In order to app,. -, /e or conditionally approve a demo.._..m request within a
Historic Neighborhood Combining District, the City Council prior to its
approval must make the following findings:
(a) demolition of the structure will not have a significant impact on the
historic character of the neighborhood, or
(b) the structure proposed for demolition is not restorable.
Section 27.52 Historic Site Demolition Procedures
Within a Historic Site Combining District, non - historic accessory buildings
may be demolished through the procedure set forth above for structures in a
Historic Neighborhood Combining District.
Demolition or relocation of a historically significant structure within a Historic
Site Combining District shall first require removal of the Historic Site
Combining District designation through the zone change process as provided
in this Ordinance. Removal of the Historic Site Combining District is not
required where a historically significant structure would remain on the site,
despite the demolition of other historic or non - historic structures on the site.
A request for demolition or relocation may be processed concurrently with the
request for a change of district. In order to approve or conditionally approve
a demolition request within a Historic Site Combining District, the Historic
Heritage Committee, the Planning Commission and City Council must make
the following findings:
(a) The structure proposed for demolition is not restorable, and
(b) The applicant has unsuccessfully attempted to preserve the structure
through all means available, including, but not limited to:
(1) Documented advertisements publicizing the availability of the
structure for purchase for restoration purposes; and
(2) A map showing investigation into possible sites for relocation of
the structure; and
(3) Documented letters offering the donation of the structure to
non - profit organizations for relocation.
The Planning Commission or City Council may suspend action on removal of
the Historic Site Combining District designation and demolition application for
a period not to exceed one hundred eighty (180) days to allow sufficient time
for necessary steps to be taken to preserve the structure. Thereafter, the
Planning Commission may recommend approval and the City Council may
approve the application for removal of the Historic Site Combining District
designation and demolition following a determination that no means of
preservation is feasible and that the requested zone change is appropriate.
Section 27.53 General Demolition Procedures
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Each request i.,, the demolition of any building over ,,,ty (50) years old which
is not in a Historic Site or Neighborhood Combining District, but meets any of
the four findings of criteria defined under Section 27.32 as determined by the
Planning Division, shall be accompanied by one clear photograph, of the front
of the building, submitted by the applicant. The age of the structure shall be
determined or verified through public records or from an inspection. A
demolition permit shall not be issued for such building until the Planning
Director, with assistance from the Historic Heritage Committee, has had a
period not to exceed thirty (30) days to investigate, document and photograph
the building and attempt to arrange for the preservation of the building. After
the expiration of the thirty (30) day period, the permit may be issued in
accordance with the building department procedures. The thirty (30) day
period may be waived by the Chief Building Inspector where there is
imminent danger to life, limb or health of the public which requires immediate
demolition.
27 -5
ZONING SECTION ..-
ADULT BUSINESSES
Section 28.10 Definitions
In addition to the definitions contained in Section 2 of the Zoning Ordinance, the
following words and phrases shall, for the purposes of this Section, be defined as
follows, unless it is clearly apparent from the context that another meaning in
intended. Should any of the definitions be in conflict with the current provisions of
the Zoning Ordinance, the definitions in this chapter shall prevail:
ADULT BUSINESS. "Adult Business" shall mean those businesses meeting one
or more of the following definitions:
ADULT ARCADE. "Adult Arcade" shall mean establishment or portion thereof
where, for any form of consideration, one or more still or motion picture projectors,
slide projectors, or similar machines, or other image producing machines, for viewing
by five (5) or fewer persons each, are used to show films, motion pictures, video
cassettes, computer displays, slides, or other photographic reproductions which are
characterized by the depiction or description of "Specified Sexual Activities" or
"Specified Anatomical Areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE.
"Adult Bookstore," "Adult Novelty Store," or "Adult Video Store" shall mean a
commercial establishment which as a substantial portion of its stock -in -trade or a
substantial portion of its revenues or devotes a substantial portion of its interior
business or advertising to the sale, rental or viewing for any form of consideration, or
any one or more of the following: books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes, slides, computer
software or other visual representations which are characterized by the depiction or
description of "Specified Sexual Activities" or "Specified Anatomical Areas ", or
instruments, devices or paraphernalia which are designed for use in connection with
"Specified Sexual Activities."
(a) An establishment may have other principal business purposes or
operations that do not involve the offering for sale, rental, or viewing of
materials depicting or describing "Specified Sexual Activities" or "Specified
Anatomical Areas," and still be categorized as Adult Bookstore, Adult Novelty
Store, or Adult Video Store. Such other business purposes or operations will
not serve to exempt such establishments from being categorized as an Adult
Bookstore, Adult Novelty Store or Adult Video Store so long as one of its
principal business purposes is offering for sale or rental, for some form of
consideration, the materials specified above.
(b) Exclusion. A commercial establishment shall not be considered to be
an Adult Bookstore, Adult Novelty Store, or Adult Video Store, and shall not
be required to obtain an "Adult Business Permit" under this chapter where (a)
28 -1
the commercia..:stabIishment rents or sells the matc.,al set forth above
exclusively for off - premises use by the customer, and (b) a substantial portion
of its business is not in selling or renting the material set forth above.
ADULT CABERET. "Adult Cabaret" shall mean a nightclub, bar, restaurant, bottle
club, or similar commercial establishment, whether or not alcoholic beverages are
served, which features: 1) persons who appear Semi -Nude; 2) live performances
which are characterized by the exposure of "Specified Anatomical Areas" or by
"Specified Sexual Activities," or 3) films, motion pictures, video cassettes, computer
software, slides, or other photographic reproductions which are characterized by the
depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas."
ADULT DANCE STUDIO. "Adult Dance Studio" shall mean any establishment or
business which provides for members of the public a partner for dance where the
partner is "Nude" or "Semi- Nude" or where the partner, or the dance, is distinguished
or characterized by the emphasis on matter depicting, or describing or relating to
"Specified Sexual Activities" or "Specific Anatomical Areas."
ADULT ENTERTAINMENT ENTERPRISE. "Adult Entertainment Enterprise" shall
mean a commercial establishment, other than one defined in this subsection as an
Adult Business, which has, as one of its principal business purposes, the offering of
forms of entertainment on its premises involving the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical Areas."
ADULT HOTEL OR ADULT MOTEL. "Adult Hotel' or "Adult Motel' shall mean a
hotel or motel or similar commercial establishment which: 1) offers public
accommodations, for any form of consideration, which provides patrons with closed -
circuit television transmissions, films, motion pictures, video cassettes, computer
software, slides or other photographic reproductions which are characterized by the
depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas" and which advertises the availability of this sexually oriented type of material
by means of a sign visible from the public right -of -way, or by means of any off-
premises advertising including, but not limited to, newspapers, magazines,
pamphlets or leaflets, radio or television, or, 2) offers a sleeping room for rent for a
period of time less than ten (10) hours; or 3) allows a tenant or occupant to sub rent
the sleeping room for a time period of less than ten (10) hours.
ADULT MOTION PICTURE THEATER. "Adult Motion Picture Theater" shall mean a
commercial establishment where films, motion pictures, video cassettes, computer
software, slides or similar photographic reproductions characterized by the depiction
or description of "Specified Sexual Activities" or "Specified Anatomical Areas" are
regularly shown for any form of consideration.
ADULT THEATER. "Adult Theater" shall mean a theater, concert hall, auditorium,
or similar commercial establishment which, for any form of consideration, regularly
features persons who appear Semi -Nude or live performances which are
characterized by exposure of "Specified Anatomical Areas" or by "Specified Sexual
Activities."
28 -2
ESCORT AGENCY. _scort Agency" shall mean a person business association
which furnishes, offers to furnish, or advertises to furnish "Escorts" as one of its
primary business purposes for a fee, tip, or other consideration.
FIGURE MODELING STUDIO. "Figure Modeling Studio" shall mean any
establishment or business which provides for members of the public, the services of
a live human model for the purposes of reproducing the human body, wholly or
partially in the nude, by means of photograph, painting, computer software,
sketching, drawing, or other pictorial form.
MASSAGE PARLOR. "Massage Parlor" shall mean any place where, for any form
of consideration or gratuity, massage, alcohol rub, administration of fomentations,
electric or magnetic treatments, or any other treatment manipulation of the human
body which occurs as a part of or in connection with "Specified Sexual Activities," or
where any person providing such treatment, manipulation, or service related thereto,
exposes "Specified Anatomical Areas." The definition of Adult Business shall not
include the practice of massage in any licensed hospital, nor by a licensed hospital,
nor by a physical surgeon, chiropractor or osteopath, nor by a nurse or technician
working under the supervision of a licensed surgeon, chiropractor or osteopath, nor
by trainers for any amateur, semiprofessional or professional athlete or athletic team
for a school athletic program, nor by any California State licensed massage
practitioners.
SEXUAL ENCOUNTER ESTABLISHMENT. "Sexual Encounter Establishment"
shall mean a business or commercial establishment that as one of its primary
business purposes, offers for any form of consideration, a place where two or more
persons may congregate, associate, or consort for the purpose of "Specified Sexual
Activities" or the exposure of "Specified Anatomical Areas" or activities when one or
more of the persons is Semi -Nude or in the State of Nudity. The definition of Adult
Business shall not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed by the State of
California engages in medically approved and recognized sexual therapy.
SEMI -NUDE MODEL STUDIO. "Semi -Nude Model Studio" shall mean any place
where a person, who appears Semi -Nude or displays "Specified Anatomical Areas"
is provided for money or any form of consideration to be observed, sketched, drawn,
painted, sculpted, photographed, or similarly depicted by other persons.
ADULT BUSINESS PERMIT. "Adult Business Permit" shall mean that permit issued
by the Chief of Police pursuant to the Municipal Code regulating Adult Business.
EMPLOYEE. "Employee" shall mean person who works or performs in and /or for an
Adult Business, regardless of whether or not said person is paid a salary, wage or
other compensation by the Operator of said business.
ESCORT. "Escort" shall mean a person who, for any form of consideration or
gratuity, agrees or offers to act as a companion, guide, or date for another person, or
who agrees or offers to privately model lingerie or to privately perform a striptease
for another person.
28 -3
ESTABLISH. "Establish" shall mean and include any of the following:
(a) To open or commence any such business as a new business; or
(b) To convert an existing business, whether or not an Adult Business, to
any of the Adult Businesses defined in this Section; or
(c To add any of the Adult Businesses defined in this Section to any other
existing Adult Business; or
(d) To relocate any such Adult Business.
(e) To expand by ten percent (10 %) or more that portion of the floor area
of the premises open to the public as an Adult Business. If an Adult Business
has obtained a Use Permit under the requirements set forth in Section 28 of
the Zoning Ordinance, the maximum 10% expansion requirement is
measured over the term of the Use Permit.
MATERIAL. "Material' relative to Adult Businesses, shall mean and include, but is
not limited to, accessories, books, correspondence, photographs, prints, drawings
paintings, motion pictures, computer software, and pamphlets, or any combination
thereof.
NUDITY OR STATE OF NUDITY. "Nudity or State of Nudity" shall mean the
appearance of human bare buttocks, anus, male genitals, female genitals, or the
areola or nipple of the female breast. "Nudity or State of Nudity" shall not mean nor
include a person who appears in a State of Nudity in a modeling class operated:
(a) By a proprietary school, licensed by the State of California; a college,
junior college, or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partially by taxation; or
(c) In a structure which: (a) has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is available for
viewing; and (b) where, in order to participate in a class, a student must enroll
at least three (3) days in advance of the class; and (c) where not more than
one nude model is on the premises at any one time.
OPERATOR. "Operator" shall mean and include the owner, "Permitee," general
manager, operator or person in charge of an Adult Business or proposed Adult
Business.
28 -4
PERMITEE. "Permits-. shall mean a Person in whose nark,; a Permit to operate an
Adult Business has been issued, as well as the individual listed as an applicant on
the application for a Permit.
PUBLIC BUILDING WITH PROGRAMS FOR MANORS. "Public Building with
Programs for Minors" shall mean any publicly owned building wherein training,
education, or any other program designed primarily for minors is conducted.
PUBLIC PARK OR RECREATION AREA. "Public Park or Recreation Area" shall
mean public land which has been designated for park, recreational, or arts activities
including, but not limited to, a park, playground, swimming pool, reservoir, athletic
field, basketball or tennis courts, or similar public land.
RELIGIOUS INSTITUTION. "Religious Institution" shall mean any church,
synagogue, mosque, temple or building which is used primarily for religious worship
and related religious activities.
RESIDENTIAL ZONE. "Residential Zone" shall mean property which is zoned for a
single family house, duplex, townhouse, multiple family dwelling(s), or mobile home
park or subdivision, and campground, recreational trailer park, or travel trailer park.
SCHOOL. "School' shall mean any publicly or privately owned or operated
educational Center or Day Care.
SEMI -NUDE. "Semi- Nude" shall mean a state of dress in which clothing covers no
more than the genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. "Specified Anatomical Areas" shall mean and
included any of the following:
(a) Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breast below a point immediately above the
top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACT(S). "Specked Criminal Act(s)" shall mean acts which
are sexual crimes against children, sexual abuse, sexual assault, rape, prostitution,
solicitation of prostitutes, pandering, pimping, unlawful acts of sexual intercourse,
sodomy, oral copulation, or masturbation occurring on the premises of an Adult
Business, or crimes including, but not limited to, distribution of obscenity or material
harmful to minors.
SPECIFIED SEXUAL ACTIVITIES. "Specified Sexual Activities" shall mean and
included any of the following:
(a) The fondling or other intentional touching of human genitals, pubic
region, buttocks, anus, or female breasts; or
28 -5
(b) Sex act „, (iormal or perverted, actual or simu, —ad, including
intercourse, oral copulation, or sodomy; or
(c) Masturbation, actual or simulated; or
(d) Human genitals in a state of sexual stimulation, arousal or
tumescence; or
(e) Excretory functions as part of or in connection with any of the activities
set forth in subdivisions 1 through 4 of this subsection.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS.
"Transfer of Ownership or Control of an Adult Business” shall mean and include any
of the following:
(a) The sale, lease or sublease of the business; or
(b) The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift or other similar legal device which
transfers ownership or control of the business.
USE PERMIT. "Use Permit' shall mean a conditional use permit approved by the
City of Gilroy in accordance with its Zoning Ordinance regulations including this
Seciton.
VIEWING BOOTH. "Viewing Booth" shall mean any portion of an Adult Business
which portion is:
(a) Partially enclosed; and
(b) Has a floor area of less than one hundred fifty (150) square feet; and
(c) Is designed for viewing films, motion pictures, video cassettes,
computer displays, slides, or other photographic reproductions which are
characterized by the depiction or description of "Specified Sexual Activities" or
"Specified Anatomical Areas."
Section 28.20 Prohibition
(a) A Person shall not use any premises for an Adult Business or
Establishment or operate an Adult Business except within the Shopping
Center Commercial District (C3) excluding C3 property that is part of a block
which abuts First Street, unless otherwise permitted in this Section, and then
only as specified in this Section, and
subject to all other applicable regulations enumerated in the Zoning
Ordinance, the Gilroy City Code and State or Federal law.
1► :f1
(b) Upon ti.- fransfer of Ownership or Control o. _.i Adult Business in
existence upon the effective date of this Section which is located outside the
Shopping Center Commercial District (C3), such Adult Business shall cease
its operations or otherwise be deemed in violation of this Section and the
Zoning Ordinance.
(c) No Person shall use any premises for a Sexual Encounter
Establishment or operate a Sexual Encounter Establishment in any zoning
district of the City.
Section 28.30 Locational Regulations
(a) No Person shall Establish or cause or permit to be Established an
Adult Business premises within 1,000 feet of another Adult Business
premises, within one thousand (1,000) fee of any School, Public Park or
Recreation Area, Public Building with Programs for Minors, or within two
hundred fifty (250) feet of any Residential Zone or Religious Institution.
(b) Any Adult Business lawfully established and lawfully operating under
the Zoning Ordinance and the City Code is not in violation of these
regulations by the subsequent establishment of a School, Public Park or
Recreation Area, Public Building with Programs for Minors, Residential Zone,
or Religious Institution within the respective distances specified in subsection
(A) above for each type of use. This provision applies only to the renewal of a
valid Use Permit and does not apply when an application for a Use Permit is
submitted after a Use Permit has expired or has been revoked.
Section 28.40 Measurement of Distance
(a) Distance between any two Adult Business premises shall be measured
in a straight line, without regard to intervening structures or objects, from the
nearest entrance of an Adult Business premises to the nearest entrance of
the second Adult Business premises. The distance between any Adult
Business premises and any Religious Institution, School, Public Park or
Recreation Area, Public Building with Programs for Minors or Residential
Zone shall also be measured in a straight line, without regard to intervening
structures or objects, from the nearest entrance of the Adult Business
premises to the nearest property line of a Religious Institution, School, Public
Park or Recreation Area, Public Building with Programs for Minors or
Residential Zone.
Section 28.50 Use Permits
Section 28.51 Use Permit -- Requirement
(a) Adult Businesses shall be conditionally permitted in the Shopping
Center Commercial District (C3), except for C3 property that is part of a block
which abuts First Street. In addition to those regulations governing
conditional use permits set forth in the Zoning Ordinance and except as
modified in this Section, and in addition to those regulations set forth in the
28 -7
Gilroy City Co(, -, any Adult Business shall be subjec„ o the following
regulations:
(b) All persons wishing to Establish an Adult Business within the City must
apply for a Use Permit, and cannot Establish such a business until a Use
Permit is granted and effective.
(c) An Adult Business which was in existence prior to the enactment of
this Section may continue its use for a period of three (3) years from the
effective date of this Ordinance and shall not be required to obtain a Use
Permit prior to the end of that time period unless it otherwise meets one of the
conditions contained in the definition of "Establish."
(d) It is the burden of the applicant to supply evidence to justify the grant
of a use Permit.
(e) Any Person desiring to operate an Adult Business within the City shall
file with the Planning Division a Use Permit application on a standard
application form supplied by the planning Division, and, in addition, provide
the information and documents required pursuant to Section 28.60.
(f) In addition to any conditions that may be placed on the approval of a
Use Permit by the Planning Commission or by the City Council on appeal, no
Use Permit shall become effective until such time as the Permittee has
received an Adult Business Permit from the Chief of Police.
Section 28.52 Use Permit -- Contents of Application
(a) The applicant shall be the Operator of the proposed Adult Business.
(b) The application must also be signed by the property owner if different
from the applicant.
(c) The application shall include the property owner's and the applicant's
mailing address, and name and phone number of the person who is
responsible for providing access to the proposed use for inspection purposes.
(d) The application shall list the legal form of the applicant; e.g., individual,
partnership, corporation:
(e) If the applicant is an individual, the application shall list his or her legal
name, and any aliases;
(f) If the applicant is a partnership, the application shall list the fully and
complete name of the partnership, the legal names of all partners, and all
aliases used; and
(g) If the applicant is a corporation, the application shall list the full and
complete corporate name, the legal names, and all aliases used by officers,
28 -8
directors and p „.icipal stockholders (i.e., all stockho,.'ers with 10% or more of
all outstanding shares).
(h) The application shall list whether, preceding the date of application, the
applicant or any of the individuals listed pursuant to the subdivision C of this
subsection, has:
(1) Had a previous Use Permit under this Section revoked, as well as the
date of such revocation, and
0) Whether the applicant has been a partner in a partnership or an officer,
director or principal stockholder of a corporation whose Use Permit under this
Section has been revoked, as well as the date of the revocation.
(k) The application shall include a description of the proposed use,
including reference to definitions in this Section.
(1) The application shall include a statement that the locational regulations
of 28.30 have been satisfied using the method of measurement described in
28.40.
(m) The application shall include accurately scaled plot plans indicating the
structure in which the Adult Business is to be conducted and identifying and
locating all land uses and property lines within a radius of one thousand two
hundred fifty (1,250) feet of the structure.
(n) If the Adult Business proposes to operate a Viewing Booth(s), the
applicant shall not only fully comply with the Gilroy City code provisions
concerning Viewing Booths, but the applicant shall also submit a diagram of
the interior premises in accordance with the requirements set forth in the
Gilroy City Code as part of the contents of the application.
Section 28.53 Use Permit -- Application Fee
(a) The City Council, by resolution, shall set a reasonable non - refundable
application fee for a use Permit for an Adult Business. The fee shall not
exceed the reasonable estimated costs of the City to process the permit
application.
Section 28.54 Use Permit - -Time to Grant or Deny
(a) Within thirty (30) days from the date the application for a Use Permit
for an Adult Business is date - stamped received at the Planning Division, the
Planning Division Manager shall determine if it is complete, and if incomplete,
shall notify the applicant in writing of its specific deficiencies. If a written
determination is not provided to the applicant within thirty (30) days after it is
submitted to the Planning Division, the application shall be deemed complete.
(b) The Planning Commission shall grant, conditionally grant, or deny an
application for a Use Permit for an Adult Business within three (3) months
28 -9
from the date application is deemed to be comp. in all cases except
where a negative declaration under the Environmental Quality Act's
Guidelines, and its processing, cannot be completed within the above time
limit. In such instance, the application shall be diligently processed, but the
timelines set forth in the State law will control.
(c) All department or agency inspections, including, but not limited to
health, fire, and building inspections, which are required for the Planning
Commission to consider the issuance of a Use Permit shall be completed
within the time limits for Planning Commission action provided in this Section.
Section 28.55 Use Permit -- Development and Performance Standards
(a) Adult Businesses shall comply with all of the following development
and performance standards:
(b) Advertisements, displays or other promotional materials depicting or
describing "Specified Anatomical Areas" or "Specified Sexual Activities," or
displaying instruments, devices, or paraphernalia which are designed for use
in connection with "Specified Sexual Activities" shall not be shown or
exhibited so as to be visible from other areas open to the general public.
(c) All building openings, entries, and windows for an Adult Business shall
be located, covered, or screened in such a manner as to prevent a view into
the interior of an Adult Business from any area open to the general public.
(d) All entrances to an Adult Business shall be clearly and legibly posted
by a notice indicating that minors are prohibited from entering the premises.
(e) No loudspeakers or sound equipment shall be used by an Adult
Business for the amplification of sound to a level discernible by the public
beyond the walls of the building in which the Adult Business is conducted.
(f) No residential structure or any other non - conforming structure shall be
converted for use as an Adult Business after enactment of the provisions of
the Section.
(g) An on -site security program, including required interior and exterior
lighting plans, shall be prepared and implemented. The security program
shall include the following:
(h) The presence of an on -site manager during all business hours.
(1) All off - street parking areas and building entries serving the Adult
business shall be illuminated during all hours of operation with a lighting
system designed to provide a minimum maintained horizontal illumination of
greater than one (1) foot candle light on the parking surface and /or walkway.
In the event the Adult Business shares its parking with other businesses, this
requirement shall only apply within a radius of one hundred (100) feet from
any entrance to the Adult Business.
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Q) All interior portions of the Adult Business, except those areas devoted
to mini - motion or motion pictures, shall be illuminated during all hours of
operation with a lighting system designed to provide a minimum maintained
horizontal illumination of not less than two (2) foot candles of light at the floor.
(k) All exterior areas of Adult Businesses, including buildings, landscaping
and parking areas, shall be maintained in a clean and orderly manner.
(1) An Adult Business shall not remain open for business, or permit any
Employee to engage in a performance, solicit a performance, make a sale,
solicit a sale, provide a service, or solicit a service, between the hours of 1:00
a.m. and 8:00 a.m. of any particular day. These hours of operation may be
further restricted in the conditions approving a Use Permit for an Adult
Business.
Section 28.56 Use Permit — Denial
(a) The Planning Commission shall deny the application for a Use Permit for
any of the following reasons:
(b) The application does not meet the standards set forth in Section 50.32.
(c) An applicant or an applicant's spouse is overdue on his/her payment to
the City of taxes, fees, fines, or penalties assessed against him /her or
imposed upon him /her in relation to an Adult Business.
(d) An applicant has failed to provide information required on the
application for the issuance of the Use Permit or has falsely answered a
question or request for information on the application form.
(e) The premises to be used for the Adult Business have not been
approved as being in compliance with health, fire and building codes by the
department or agency responsible under law for investigating said
compliance.
(f) The required application or permit fees have not been paid.
(g) The proposed location is in violation of, or is not in compliance with,
any of the provisions of this Section including, but not limited to, the locational
requirements for an Adult Business under this Section.
(h) The granting of the application would violate a City or County, State or
Federal statute, ordinance, regulation or court order.
(1) The applicant has had a Use Permit under this Section, or an Adult
Business Permit revoked within the preceding twelve (12) months.
Q) The proposed use does not conform to the requirements of the Zoning
Ordinance and provisions of the Gilroy City Code.
28 -11
(k) The applicant has applied for a Use Permit for a particular location
within a period of twelve (12) months from the date of denial by the City of a
previous application for a Use Permit at the same location, and there has not
been an intervening change in the circumstances which could reasonably be
expected to lead to a different decision regarding the former reasons for
denial.
Section 28.57 Use Permit -- Expiration
(a) Any unrevoked Use Permit or renewed Use Permit issued pursuant to
this Section, shall, by its own terms, contain a specified expiration date no
later than three (3) years after its issuance.
(b) Any Use Permit approved pursuant to this Section shall become null
and void unless the proposed use is established within one (1) year of the
date of the approval.
Section 28.58 Use Permit -- Renewal
(a) Any unrevoked Use Permit issues pursuant to this Section may be
renewed upon written application to the Planning Commission made at least
thirty (3) calendar days before the expiration date of a current, valid Use
Permit and payment of the then current non - refundable application fee. A
Use Permit shall remain valid pending the Planning Commission's decision if
the Permitee has timely filed the application for renewal with proper fee
payment. For good cause, the Planning Commission may extend the time for
filing a renewal application for up to ninety (90) days and may extend the prior
Use Permit pending decision on the renewal application.
(b) The application for renewal shall supply current information with
respect to each category of information required in the initial application.
Within thirty (30) days from the date the application for a Use Permit for an
Adult Business is date - stamped and received at the Planning Division, The
Planning Division Manager shall determine if it is complete, and if incomplete,
shall notify the applicant in writing of its speck deficiencies. If a written
determination is not provided to the applicant within thirty (30) days after it is
submitted to the Planning Division, the application shall be deemed complete.
(c) The Planning Commission shall make its decision on an application for
the renewal of a Use Permit for an Adult Business within three (3) months
from the date the application is deemed to be complete in all cases except
where a negative declaration or Environmental Impact Report is required
under the California Environmental Quality Act's Guidelines, and its
processing cannot be completed within the above time limit. In such instance,
the application for the renewal shall be diligently processed, but the timelines
set forth in the State Law will control. The Planning Commission may extend
the Use Permit without change to the original conditions of approval, with
amended or deleted conditions, or deny the extension.
28 -12
(d) All depa,..nent or agency inspections, includir,y, but not limited to,
health, fire, and building inspections, which are required for the Planning
Commission to consider the renewal of a Use Permit shall be completed
within the time limits for Planning Commission action provided in this Section.
Section 28.59 Use Permit -- Revocation
(a) Any Use Permit issued pursuant to the provisions of this Section may
be revoked in accordance with the procedures set forth below.
(b) The Planning Division Manager shall report all facts and information
relating to the alleged violation(s) of this Section or of the conditions of the
Use Permit to the Planning Commission, who shall set the matter for a public
hearing at the first available regularly scheduled meeting of the Planning
Commission not less than two (2) weeks nor later than thirty (30) days after
receipt of the report.
(c) Written notice of the hearing on the proposed Use Permit revocation
together with written notification of the specific grounds of complaint against
the Permittee shall be personally delivered or sent by certified mail to the
address on the Permittee's application for the Use Permit at least ten (10)
days prior to the hearing.
(d) The Planning Commission shall revoke a Use Permit if it makes one or
more of the following findings:
(e) The use for which the Use Permit was granted is being exercised in
violation of any of the provisions of this Section.
(f) The use for which the Use Permit was granted is being exercised
contrary to the terms or conditions of such permit.
(g) The Permittee gave fraudulent or misleading information in the
materials submitted during the application process that tended to enhance the
applicant's opportunity for obtaining a Use Permit.
(h) The use for which the Use Permit was granted is being exercised so as
to be detrimental to the public health and safety.
(i) The use for which the Use Permit was granted is being exercised so as
to constitute a nuisance.
0) The use for which the Use Permit was granted has ceased to exist for
one (1) year or more.
(k) The use for which the Use Permit was granted is being exercised
contrary to or in violation of any City or County, State or Federal Statute,
ordinance, regulation, or court order.
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(1) The Pla.„ ing Commission, following the tem,,.,ation of the public
hearing, shall not later than its next regular meeting unless this time limit is
extended by agreement of the parties having an interest in the proceedings,
act to revoke the Use Permit or modify the conditions of the Use Permit or
determine not to revoke or modify the Use Permit.
Section 28.60 Appeal
(a) Within ten (10) days after the decision of the Planning Commission on
a Use Permit, the Planning Division Manager shall mail a copy of the
resolution adopted by the Planning Commission setting forth its findings and
decision to the applicant and /or Permittee and to any other person who has
filed a written request for such notification
(b) Any person may appeal a decision of the Planning Commission made
pursuant to this Section to the City Council in writing consistent with the time
limit and procedures set forth in Section 51.50 of the Zoning Ordinance.
(c) An appeal shall be processed and determined pursuant to Sections
51.50, 51.60 and 51.70 of the Zoning Ordinance. The City Council hearing
shall be de novo. In reaching its decision, the City Council shall not be bound
by formal rules of evidence.
(d) Notice of the City Council's decision pursuant to Section 51.70 shall be
mailed to the applicant, and to the appellant if different from the applicant.
Section 28.70 Judicial Review
(a) After a final decision of the City Council on a Use Permit, the applicant
or Permittee or other Person having standing may seek prompt judicial review
of such action in any court of competent jurisdiction. The City has adopted
Code of Civil Procedure Section 1094.6 setting a time limit for seeking review
of administrative decisions that are subject to review under Code of Civil
Procedure Section 1094.5.
Section 28.80 Applicability to Other Regulations
The provisions of this Section are not intended to provide exclusive regulation of the
regulated adult uses. Such uses must comply with any and all applicable
regulations imposed in other articles of the Zoning Ordinance, other City ordinances,
the Gilroy City Code and State and Federal law.
Section 28.90 Conduct Constituting a Public Nuisance
In addition to other remedies for violation of the Zoning Ordinance, the conduct of
any Adult Business within the City in violation of any of the terms of this Section is
hereby found and declared to be a public nuisance.
Section 28.95 Severability
28 -14
If any section, subset. —,n, subdivision, sentence, clause, p... ase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have
passed and adopted this Ordinance, and each and all provisions hereof, irrespective
of the fact that one or more provisions may be declared invalid or unconstitutional.
28 -15
ZONING SECTION 29
HECKER PASS SPECIAL USE DISTRICT
Section 29.10 Statement of Intent
The Hecker Pass Special Use District is intended to protect and enhance the
Hecker Pass area's rural character, open space, and agricultural uses, as
well as to create a logical, coherent pattern of rural -style uses as part of the
western gateway to Gilroy. The average residential density is intended to
create consistency with the densities described in the Land Use chapter of
the Hecker Pass Specific Plan document. The land uses permitted in this
zone are intended to allow economically viable land uses and capitalize on
the area's unique potential as a year -round tourist draw, while simultaneously
preserving Hecker Pass's rural character.
Section 29.20 Permitted Uses and Conditional Uses
Land in the Hecker Pass Special Use District may be used as provided in the
Hecker Pass Specific Plan's "Agricultural Use Table" (table 3 -2) and
"Residential Use Table" (table 3-4). Conditional uses may be permitted with a
Conditional Use Permit issued by the Planning Commission in accordance
with the regulations included in Section 50.30 of this ordinance.
Section 29.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Hecker Pass
Special Use District shall be as established in the Hecker Pass Specific
Plan's "Minimum Residential Site and Building Requirements Table" (table 7-
1) and the "Minimum Agri- tourist, Agricultural Commercial, and Community
Facility Site and Building Requirements Table" (table 7 -2).
Section 29.40 Density
The maximum density in the Hecker Pass Special Use District shall be
consistent with the densities described in the Hecker Pass Specific Plan
"Land Use" chapter (chapter 3).
Section 29.50 Site Design Requirements
Projects within the Hecker Pass Special Use District shall be designed in
accordance with the Hecker Pass Specific Plan's "Community Design"
chapter (chapter 7).
29 -1
ZONING SECTION 30
GLEN LOMA RANCH SPECIAL USE DISTRICT
Section 30.10 Statement of Intent
The Glen Loma Ranch Special Use District is intended to provide a
comprehensive planning approach to the Glen Loma Ranch area that
exemplifies the goals and policies of the Neighborhood District by: setting
development standards and policies for the development of mixed density
and housing types; providing for a mix of residential, commercial and public
uses; promoting bicycle and pedestrian travel through an extensive trail
system; enhancing the natural features of the site; integrating open space
areas; and providing individual neighborhood parks and city parks. The
average residential density is intended to create consistency with the
densities described in Chapter 5, the "Land Use Plan" chapter of the Glen
Loma Ranch Specific Plan document. The land uses permitted in this zone
are intended to allow economically viable land uses that provide needed
services and amenities to the neighboring residences.
Section 30.20 Permitted Uses and Conditional Uses
Land in the Glen Loma Ranch Special Use District may be used as provided
in the Glen Loma Ranch Specific Plan's "Neighborhood Serving Commercial
Centers" chapter (Chapter 13). Conditional uses may be permitted with a
Conditional Use Permit issued by the Planning Commission in accordance
with the regulations included in Section 50.30 of this ordinance.
Section 30.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Glen Loma Ranch
Special Use District shall be as established in the Glen Loma Ranch Specific
Plan's "Development Standards" chapter (Chapter 7), Table 4 ( "Product Type -
Density Matrix Table) and Table 10 ( "Building Envelope Standards Table").
Section 30.40 Density
The maximum density in the Glen Loma Ranch Special Use District shall be
consistent with the densities described in the Glen Loma Ranch Specific
Plan's "Land Use Plan" chapter (Chapter 5), and the "Neighborhood
Breakdown and Unit Counts Table" (Table 2)
Section 30.50 Site Design Requirements
Projects within the Glen Loma Ranch Special Use District shall be designed
in accordance with the Glen Loma Ranch Specific Plan's "Land Use
Standards" chapter (Chapter 7) and "Land Use Guidelines" chapter (Chapter
8).
30 -1
ZONING SECTION 31
OFF - STREET PARKING REQUIREMENTS
Section 31.10 Statement of Intent
It is the intent of this Section to require off - street parking and loading spaces on
each parcel for all land uses within the City of Gilroy sufficient in number to
accommodate all vehicles of residents, employees, customers, clients and others
which may congregate at any point in time in order to reduce on- street parking
and improve traffic and pedestrian safety.
Section 31.20 Parking Space Requirements
At the time any activity is established or building or structure is erected, or is
enlarged, or increased in capacity, or whenever there is a substitution of activities
of a change in the nature of an existing activity, off - street parking for vehicles in
such numbers as are hereinafter prescribed shall be provided. Accessible off -
street parking areas shall be provided and maintained for each land use or
activity in accordance with the following schedule, as shown:
Type of Use
Off - Street Parking Stalls Required
Section 31.21 Residential Use Off - Street Parking Requirements
Accessory dwelling units (detached)
One (1) stall per unit
Bed and Breakfast Establishment
Two (2) stalls, one of which shall be a covered carport or garage, plus one
(1) stall per two (2) guest rooms
Multiple family
One and one -half (1 1/2) stalls per one bedroom or two bedroom dwelling
unit and (2) stalls for each unit having three (3) or more bedrooms or
rooms which could be used as bedrooms, plus one (1) stall for every four
(4) units for guests. One (1) stall for each unit shall be covered with a
garage or carport.
Rooming houses, residence clubs, fraternity and sorority houses
One (1) stall for every two (2) occupants plus four (4) stalls
Single and two- family dwellings
Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport
or garage (each space must be at least 10 feet by 20 feet).
31 -1
Section 31.22 Recreational Use Off - Street Parking Requirements
Auditoriums and exhibit halls without fixed seats
One (1) stall per one hundred (100) gross square feet
Bowling centers
Six (6) stalls per alley, plus one (1) stall for each shift employee
Billiard and card rooms
Two (2) stalls per table or one -half (1/2) stall for each seat, whichever is
greater
Commercial swimming pools
One (1) stall per one hundred (100) square feet of pool area
Golf driving and shooting ranges
One and one -half (1 'h) stalls per station
Dance halls
One (1) stall for each five (5) seats or fifty (50) square feet of dance floor,
whichever is greater
Private clubs without overnight accommodations
One (1) stall for every four (4) persons of maximum occupancy of the
facility, plus one (1) space for each regular employee
Skating rinks and commercial recreational areas (e.g. waterslides)
One (1) stall for each one hundred (100) square feet of skating or
recreational area, plus one (1) stall for each shift employee
Tennis, handball and racket courts
Two (2) stalls per court, plus one (1) stall for each shift employee
Theaters and auditoriums
One (1) stall for every four (4) seats or one (1) stall for each 50 square
feet of net floor area for assembly, whichever is greater.
Section 31.23 Institutional Use - Off - Street Parking Requirements
Assisted Living Facility
Eight- tenths (0.8) stalls per residential unit, plus one (1) stall per shift
employee.
Churches and mortuaries
One (1) stall for every four (4) seats or one (1) stall for each 50 square
feet of net floor area for assembly, whichever is greater.
31 -2
Colleges, art, .;raft, music and dancing sch..,is and business,
professional and trade schools
One (1) stall for each employee, plus one (1) space for each four (4)
students of planned capacity or one (1) stall for each four (4) auditorium
seats, whichever is greater
Convalescent homes, nursing homes and sanitariums
One (1) stall per staff or visiting doctor, plus on (1) stall per two (2)
employees, plus one (1) stall for every four (4) beds
Day care centers and nursery schools
One (1) stall for each employee, plus two (2) stalls, plus one (1) loading
space for every five (5) children
Day care home
Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport
or garage
Hospitals
One (1) stall for each three (3) beds, plus one (1) stall per staff doctor,
plus one (1) stall for each three (3) staff
Orphanages
One (1) stall for every three (3) employees, plus one (1) stall for every ten
(10) beds
Public, parochial and private elementary schools
One (1) stall for each employee, plus one (1) stall for every four (4)
auditorium seats, plus bus loading area
Public, parochial and private high schools
One (1) stall for each employee, plus one (1) space for each ten (10)
students of planned capacity or one (1) stall for each four (4) auditorium
seats, whichever is greater, plus bus loading area
Section 31.24 Office, Medical and Financial Uses
Banks, lending agencies, financial and governmental institutions,
public utility offices (including drive-up facilities)
One (1) stall per three hundred (300) square feet of gross floor area
Medical, dental, optometry, veterinarian, or chiropractic offices and
clinics
One (1) stall per one hundred fifty (150) square feet of gross floor area, or
six (6) stalls per doctor, whichever is less
Research facilities
One (1) stall per employee, plus one (1) stall per five hundred (500)
square feet of gross floor area
31 -3
All other professional offices
One (1) stall per three hundred (300) square feet of gross floor area
Section 31.25 (a) Retail and Commercial Uses
Barber and beauty shops
One (1) stall per one hundred (100) square feet of gross floor area
Bed and Breakfast Establishment
Two (2) stalls plus one (1) stall per guest room
Bus stations, train depots and other transportation depots
One (1) stall for each employee, plus user parking as determined by the
Planning Director
General retail sales, repair and services
One (1) stall per two hundred fifty (250) square feet of gross floor area
Hotels and motels
One (1) stall for each guest room, plus six (6) stalls
Regional Retail Commercial Centers
One (1) stall per two hundred (200) square feet of gross floor area.
Restaurants, bars, taverns, lunch rooms, night clubs and cocktail
lounges
One (1) stall for every three (3) seats or one hundred (100) square feet of
gross floor area devoted to dining, whichever is greater, plus one (1) stall
for each shift employee
Restaurants and other retail establishments with take -out service,
walk -up or drive -up windows and roadside stands
One (1) stall for every three (3) seats or one hundred (100) square feet of
gross floor area, whichever is greater, plus one (1) stall for each shift
employee, plus eight (8) stalls or eight (8) auto waiting spaces for each
exterior service window
Retail sales of large appliances, automobiles, furniture or other
similar bulky merchandise
One (1) stall per six hundred (600) square feet of gross floor area
Service stations and vehicle repair garages
One (1) stall per four hundred (400) square feet of gross floor area, plus
one (1) stall per employee, but not less than three (3) stalls total (service
bays shall not be counted as part of the required parking)
Uncovered general retail sales, repair and services
One (1) stall per two hundred fifty (250) square feet of gross floor area
0011
Uncovered retail sales area for landscaping nurseries, vehicles and
construction materials
One (1) stall for each four thousand (4,000) square feet of gross display
area, plus one (1) stall per employee, but not less than four (4) stalls
Section 31.25 (b) Downtown Specific Plan Parking Requirements
Off - street parking in the DHD and DED (with the exception of established public
parking), shall have primary access from the side streets, alley, access
easements, or via reciprocal access agreements if such access opportunities
exist. New private parking facilities shall not be located adjacent to the Monterey
Street sidewalk and shall not replace an existing or potential retail storefront.
Parking stall dimensions in the DHD, DIED, CD, TD and CCA districts may vary
from City standard when approved by the Planning Division Manager. The
Planning Division Manager may also consider and approve alternative parking
solutions such as tandem and shared parking when appropriate in these districts.
Corner properties are encouraged to allow for reciprocal access to interior block
properties in order to provide parking at the rear of the lot. Access easements
across adjacent lots to the rear of a property are also encouraged.
Off Street Parkin
- Parkin - Locations
Downtown Historic
Permitted in rear only (except public -owned parking).
District DHD
All parking requirements may be satisfied by a in in -lieu fee
Downtown Expansion
Permitted in rear or on the side of the building.
District (DED)
All parking requirements may be satisfied by a in in -lieu fee
Civic / Cultural Arts
Monterey Street to Church Street: Permitted in rear only.
District (CCA)
Church Street to Dowdy Street: Any location.
All parking requirements may be satisfied by a in in -lieu fee
Transitional District (TD)
Permitted at side or rear only. Where an alley occurs, access to
residential parking and garages shall only be provided from the
alley.
50% of parking requirements (except lodging and residential)
may be satisfied by a in in -lieu fee.
Cannery District (CD)
Permitted at side or rear.
50% of parking requirements may be satisfied by paying in -lieu
fee.
Gateway District (GD)
Any location - Maximum of 25% of required parking may be
located between the building and street with berming and
planting between the street and parking.
All parking requirements must be met on -site except a 25%
reduction is allowed for vertically mixed use projects.
Parkin Re uirements
Civic Uses
3 spaces per 1000 sq. ft.
Cultural Uses
1 space per 500 sq. ft.
Light Assembly
1 space per 1000 sq. ft.
Lodging
1 space per room + 1 space per 2 shift employees
Offices
1 1 space per 400 sq. ft.
Professional Office
1 1 space per 450 sq. ft.
31 -5
Research & Develop _
1 space per 1000 sq. ft.
Restaurants
1 space per 6 seats + 1 space per 4 shift employees
Retail
1 space per 500 sq. ft.
Retail / Entertainment
1 space per 500 sq. ft.
Residential Units < 800 sq ft
1 space per unit + 1 guest space per 6 units
Residential Units > 800 sq ft
1.5 spaces per unit + 1 guest space per 4 units
Service Commercial
1 space per 500 sq. ft.
Section 31.26 Industrial Uses
Manufacturing plants, research and development facilities, light
industrial uses, wholesale service establishments, and laboratories
One (1) stall per three hundred fifty (350) square feet of gross floor area
Speculative Industrial Buildings
One (1) stall per three hundred fifty (350) square feet of gross floor area.
Warehouses under ten thousand (10,000) square feet of gross floor
area
Six (6) stalls per business; minimum: ten (10) spaces per parcel
Warehouses over ten thousand (10,000) square feet of gross floor
area
One (1) stall per five thousand (5,000) square feet of gross floor area;
minimum: ten (10) stalls per parcel
Wholesale sales (with limited retail)
One (1) stall per six hundred (600) square feet of gross floor area
Section 31.30 General Off - Street Parking Requirements
Section 31.31
The parking requirements listed in the parking schedule are minimum.
The maximum parking requirements allowed is ten (10) percent above
those listed in the parking schedule above. Any parking spaces beyond
the ten (10) percent must be offset with an equal amount of landscaping to
buffer the extra paving. The Planning Commission may require additional
stalls and parking lot areas for any use to provide parking area adequate
with the intent of this Section. The Planning Commission may make
additional requirements in connection with off - street parking areas, which
will protect the character of property in the neighborhood.
Section 31.32
If the calculation for required off - street parking results in a fraction of one -
half (1/2) or more of a parking stall, one (1) parking stall shall be provided;
and no parking stall is required for fractions of less than one -half (1/2) a
stall.
31 -6
Section 31.33
Where there is a combination of uses for any one facility on a parcel, the
total required off - street parking shall be the sum of the requirements for
the various uses calculated separately. The parking provided for one use
may not be used to satisfy the parking requirements for another use on
the same site, unless all of the following conditions are met:
(a) Structures on the site clearly can be used only during limited time
periods.
(b) The uses occur during completely different periods of time.
(c) The Zoning Administrator determines there will be no conflicts or
safety hazards between the proposed uses.
(d) A Conditional Use Permit is obtained.
Section 31.34
The parking ratio shall be determined by the Planning Director for uses
that are not specifically included, and that are not closely related to other
uses included in the parking space requirement schedule.
Section 31.35
Proposed commercial buildings without uses specified and confirmed (by
lease or other legal agreement) shall provide one (1) parking space for
every two hundred fifty (250) square feet of gross floor area.
Section 31.36
The required minimum parking for uses having a parking ratio based upon
the number of employees shall be based on the employment shift with the
greatest number of employees.
Section 31.37
Every use shall provide the required parking on the same parcel except:
(a) The owners of adjoining properties may provide parking space in
common if said parking area is secured by easement or other
sufficient legal document, and provided the total number of parking
spaces provided is equal to the sum of the individual needs.
(b) Any use located within the parking assessment district formed
under the provisions of the Gilroy municipal code need not provide
the required parking as specified in this Ordinance.
31 -7
Section 31.40 Off - Street Parking Dimension Table (SEE LAST PAGE OF
THIS SECTION)
All residential parking stalls shall be at least ten (10) feet wide, twenty (20)
feet long, with a minimum of twenty -four (24) feet of back -up space. (One
parking stall shall not be within the back -up space needed for exit from
another parking stall.) All off - street parking facilities, except residential,
shall be designed and installed in accordance with the "Off- Street Parking
Dimension Table" below.
Section 31.50 Special Parking Requirements
Section 31.51 Employee Parking
Parking stalls designated for employee use may be provided as part of the
required off - street parking, but only up to a maximum of the actual
anticipated number of employees. Employee parking designated stalls
shall be designed and located such that they are distinct and separate
from other parking on the site. On no site where compact car parking is
provided shall stalls for employee parking also be allowed. Employees
shall not be prohibited from using off - street parking.
Section 31.52 Handicap Parking Requirements
Handicap parking shall comply with the requirements of the State Building
Code.
Section 31.53 Truck Loading and Unloading Space
All retail and wholesale stores, warehouses, supply houses, buildings
devoted to manufacturing trade, hotels, hospitals or other buildings where
large amounts of goods are received or shipped, shall provide loading and
unloading space adequate to handle the volume and frequency of truck
traffic to the building or shopping center. The number and minimum
dimensions of loading spaces shall be determined by the Planning
Director.
Section 31.60 Off - Street Parking Design Criteria
Section 31.61
All parking stalls shall be delineated by a painted line or separated by a
divider at least four (4) inches wide by the full length of each stall.
(a) Each handicap parking stall shall be delineated by blue painted
curb and lines, and shall be clearly labeled in blue paint with the
standard handicap symbol or clearly labeled for "handicapped
only ".
31 -8
(b) Each employee parking stall shall be clearly labeled for "employee
only ".
(c) Each guest parking stall shall be clearly labeled for "guest parking
only ".
Section 31.62
All parking stalls abutting sidewalks, planters, buildings and landscaped
areas shall be provided with a permanent curb, bumper, wheel stop or
similar device. The stopping edge of such protective wheel stops shall be
placed two (2) feet from the edge of the sidewalks, planters, or
landscaped areas and from any buildings.
Such protective wheel stops may not be required, as determined by the
Planning Director, where the sidewalks or landscaped areas are
specifically designed for automobile overhang and have thirty (30) inches
additional depth than that which is otherwise required. Automobile
overhang shall not be permitted to encroach within the front or street side
yard planter area as required under Section 38.22.
Section 31.63
All off- street parking for all uses, except single family and duplex
residential uses shall be designed such that vehicles need not back out of
the parking area into a public street. Utilizing a public alley for back -up
space is acceptable. Vehicular access to parcels in residential districts
which abut both a street designated on the City of Gilroy's General Plan
Land Use Map for higher traffic volumes than a local street (e.g., a
"Collector" or "Arterial ") and an improved public alley, shall be to the alley,
and shall not be permitted to the street.
Section 31.64
Required off - street parking for any residential use may not be located in
the required front yard setback area or required side yard setback area
adjacent to a street as established by this Ordinance. Off - street parking
for any commercial or industrial use shall not occupy the front one -half
(1/2) of any setback area adjacent to a public street.
Section 31.65
All required parking areas shall be paved with an impervious surface such
as portland cement concrete, asphaltic concrete, brick or cobblestones
placed upon a base of crushed rock, except for parking stalls adjacent to
an alley for single family residential uses, which may be paved with
crushed rock.
31 -9
Section 31.66
Each exit and entrance to a parking lot shall be constructed and
maintained such that any vehicle entering or leaving the parking lot shall
be clearly visible for a distance of at least ten (10) feet to any person on a
walk or footpath intersected by such exit or entrance.
Section 31.70 Non - Conforming Parking
Any building or use whose parking becomes substandard by the adoption
of this Section, but which were lawful prior thereto, shall be considered as
non - conforming use. Such non - conforming use may continue, but any
enlargement or expansion shall provide the required number of parking
spaces or parking area for the entire building or use as specified in this
Section. Any change of occupancy or use in an existing building or lot,
which requires more parking spaces, shall provide the additional parking
area as required by this Section.
Section 31.80 Additional Requirements
The Planning Commission may make such additional requirements in
connection with off - street parking areas as will protect the character of
other property in the neighborhood. Such regulations may include, but not
be limited to, adequate screening of said lot by a fence or wall,
landscaping, provision for suitable surfacing and lighting.
31 -10
OFF - STREET PARKING DIMENSION TABLE
PARKING
STALL
STALL
ONE-
STALL
CURB
ONE
TWO
ANGLE
WIDTH
DEPTH
WAY
TO
LENGTH
ROW
ROWS
AISLE
CURB
PER
PLUS
PLUS
STALL
AISLE
AISLE
A
B
C
D
E
D +C
2D +C
goo
910"
18 Yo"3
2510"
18'0"
910"
4310"
6110"
9'6"
18'0 "3
23'6"
18'0"
9'6"
41'6"
59'6"
10'0"
18'0 "3
22'0"
1810"
10'0"
40'0"
5810"
600
910"
18'0"
1670"
1916"
10'6"
35'6"
55'0"
9'6"
18'0 "3
15'0 "2
19'6"
1111"
34'6"
54'0"
10'0"
18'0 "3
15'0 "2
1916"
11'8"
34'6"
54'0"
45
9'0"
18'0"3
13'0"
1810"
127
31'0"
49'0"
9'6"
18'0 "3
13'0"2
1810"
1315"
3010"
48'0"
10'0"
18'0 "3
13'0 "2
187
14'2"
30'0"
48'0"
0
18'0"
8'0"
20'0"
810"
22'0"
28'0"
36'0"
Residential
10'
20'
Parking
1- When the parking stall is adjacent to a fixed object (wall, pole, etc) the stall width shall be one (1) foot
wider to accommodate door swing.
2- Twenty -foot (20) minimum for two-way circulation
3 Overhang into landscape or sidewalk areas may be allowed subject to the requirements of Section 31.62..
SM
AN M =
O° PARALLEL PARKING
31 -11
MINIMUM TURNING RADII
INSIDE CURVE: 16' 0"
OUTSIDE CURVE: 23'0"
Section 31.100 DELETED December 31, 2007: Interim Off - Street Parking
Reductions for Development Projects Involving the Retrofit
of Un- reinforced Masonry Buildings.
For the purposes of this Section, the Financial Incentive Program for the
URM Mandatory Retrofit Program ( "URM Financial Incentive Program ")
shall mean the program adopted by the City to implement the URM
Ordinance 2006 -19 ( "URM Program ").
Section 31.101 DELETED December 31, 2007: Development Projects
For the purposes of Section 31.100, "development project" shall mean any
project that requires a permit granting approval for construction from the
City.
Section 31.102 DELETED December 31, 2007: Parking Reductions Up to and
Including 20%
(a) Development projects involving the URM Financial Incentive Program
shall be allowed up to a ten percent (10 %) reduction in required off - street
parking below what is required under the general requirements of Section
31, or up to ten percent (10 %) of the parking in -lieu fee, if applicable.
(b) Adjacent development projects involving the URM Financial Incentive
Program are concurrently retrofitting their buildings shall be allowed up to
a twenty percent (20 %) reduction in required off - street parking below what
is required under the general requirements of Zoning Ordinance Section
31, or up to twenty percent (20 %) of the parking in -lieu fee, if applicable.
Section 31.103 Sunset Date
Section 31.100, in its entirety, shall become null and void, and have no
force effect thereafter, on December 31, 2007.
31 -12
ZONING SECTION 3..
YARDS
Section 32.10 Statement of Intent
It is the intent of this Section of the Ordinance to establish regulations which apply to
yard areas on parcels in the City of Gilroy.
Section 32.20 Yard Requirements
Every building hereafter constructed upon a building site shall be located on the site
so as to provide for the yards specified in the regulations for the district in which the
site is located.
(a) Every front or rear yard shall extend along a lot line the full width of the lot
and every side yard shall extend along a lot line from the front yard or the
front lot line to the rear yard. A required yard shall be open and unobstructed
from the ground upwards, except as otherwise provided herein. The required
minimum depth or width of any yard shall be measured generally at right
angles to the lot line and from the nearest point of the building. Where the
side lot lines converge to a point, a line five (5) feet long within the lot parallel
to and at a maximum distance from the front lot line shall be deemed to be
the rear lot line for the purpose of determining the depth of the rear yard.
(b) Where the building wall is not parallel to a side or rear lot line, the building's
average setback shall be used to determine compliance with minimum
building setback requirements. The building shall have a minimum three -foot
side yard setback at any point and a minimum ten -foot rear yard setback at
any point.
(c) The required front yard setback or side yard setback on the street side of a
corner lot shall be measured from the face of curb of the adjacent public
right -of -way.
(d) Paving in the front yard shall be limited to a maximum of fifty (50) percent of
the front yard area. Greater than fifty (50) percent may be allowed in
circumstances where the driveway is the same width as that of the garage
frontage. The Planning Manager may grant minor exceptions when in
substantial conformance with the intent of this Section.
Section 32.30 Exceptions
The following exceptions shall apply to all required yards:
(a) In any residential district where twenty -five percent (25 %) or more of the lots
32 -1
in any block ha„a been improved with at least six (6) ouildings at the time of
the passage of this Ordinance, and the front yard setbacks on these lots vary
to an extent not greater than six (6) feet, then the required front yard setback
for these districts shall be not less than the average front yard setback of the
existing buildings. In no case shall the required setback be greater than the
setback required by section 11.23. In addition, in no case shall any building
be erected closer to any street than permitted by any official plan line or by
any future width line designated by the provisions of this Ordinance.
(b) Dwellings that have a rear yard abutting an alley shall be permitted to use
one -half (1/2) the width of the alley in their rear yard setback measurement,
provided that the dwelling has a minimum ten -foot setback to the rear yard
property line.
32 -2
ZONING SECTION �,_
TRAILERS AND RECREATIONAL VEHICLES
Section 33.10 Statement of Intent
It is the intent of this Section of the Ordinance to establish regulations that apply to
the storage and /or parking of trailers, boats and recreational vehicles in the City of
Gilroy. As applied to this Section of the Zoning Ordinance, "storage" and "parking"
shall be used interchangeably.
Section 33.20 Storage, All Non - Residential Zones
An operable recreational vehicle, boat or trailer may be stored in all non - residential
zones, where the vehicle belongs to the property owner or the property owner
provides written permission allowing the storage. Storage allowed under this section
shall be limited to a maximum of three vehicles at any one time. Storage of more
than three recreational vehicles, boats and /or trailers shall be considered a
commercial use and must following Zoning Ordinance requirements regulating that
use. The following rules shall apply to recreational vehicle, boat and trailer storage
in non - residential zones:
(a) Storage is permitted inside any enclosed structure that conforms to the
requirements of the particular zone in which the structure is located;
(b) Storage is permitted outside in a side yard or rear yard, provided it is not
nearer than two (2) feet to the lot line;
(c) Stored recreational vehicles, boats and trailers shall not be:
(1) Used for dwelling purposes.
(2) Permanently connected to sewer lines, water lines, or electricity
Temporary electrical connections or the use of propane is permitted for
charging batteries and to prepare a recreational vehicle for immediate
use.
(3) Used for storage of goods, materials, or equipment other than those
items considered to be part of the unit or essential for its immediate
use.
(d) The vehicle may not block access to or occupy any required parking spaces.
Section 33.30 Storage, All Residential Zones
(a) In residential zones, recreational vehicles, boats and trailers may be stored
only on property on which the vehicle's owner resides. Storage is permitted
outside a structure on a paved, graveled, or approved alternative material
driveway, provided all of the following conditions exist:
(1) Storage is permitted in the front yard only when space is not available
in the rear yard or side yard, or the lot is not on a corner and has no
reasonable access to either the side yard or rear yard;
33 -1
(2) Inside s.. -.age is not possible;
(3) The vehicle is stored perpendicularly to the front curb.
(4) No part of the vehicle extends over the public sidewalk or public
thoroughfare (right -of -way);
(5) No more than one (1) recreational vehicle, boat or trailer is stored in
the front yard of each residential unit;
(6) The vehicle is stored at least three (3) feet from side and rear property
lines; and
(7) The vehicle does not block access to or occupy any required parking
spaces.
(b) Stored recreational vehicles and trailers shall not be:
(1) Used for dwelling purposes.
(2) Permanently connected to sewer lines, water lines, or electricity.
Temporary electrical connections for charging batteries and the use of
electricity or propane fuel are permitted only when necessary to
prepare a recreational vehicle for immediate use.
(3) Used for storage of goods, materials, or equipment other than those
items considered to be part of the unit or essential for its immediate
use.
(c) Oversized commercial vehicles or special mobile equipment, as defined by
Gilroy Municipal Code section 15.62, shall not be considered trailers or
recreational vehicles for the purposes of this section and shall not be stored
on residentially -zoned properties.
33 -2
ZONING SECTION.,
FENCES AND OBSTRUCTIONS
Section 34.10 Statement of Intent
It is the intent of this Section to control the location, height and materials of fences
and other visual or physical obstructions so that they do not adversely affect
adjacent properties or obstruct vision along public streets.
Section 34.20 Required Fencing
Section 34.21 Sound Walls
(a) Commercial and industrial development abutting any residential zone
shall install a sound wall six (6) feet high, which shall not extend into
the required front yard area of any adjacent residential zone.
(b) Fences or sound walls required to meet sound attenuation standards
pursuant to California Administrative Code Title 24 or the California
Environmental Quality Act (CEQA) shall supersede the standards set
forth in this section.
Section 34.22 Storage of Building Materials and Junk
All storage of building materials, junk, scrap, or waste shall be screened from
public view with a fence six (6) feet high, a landscaped soil berm, or an
acceptable alternate approved by the Planning Director.
Section 34.30 Location and Height
Section 34.31 Residential Districts
Except in the following situations, fences and hedges in residential districts
are permitted up to seven (7) feet in height, measured from the finished grade
on the higher side of the fence:
(a) Fences or walls in the front yard higher than three (3) feet above the
curb shall be set back at least twenty -six (26) feet from the face of
curb.
(b) On a corner lot, fences, hedges or visual obstructions in the side yard
adjacent to the street over three (3) feet above the sidewalk shall be
set back at least sixteen (16) feet from the face of curb. In the case
where a corner lots abuts the driveway side of a key lot or an alley, a
fence, hedge or visual obstruction over three (3) feet above the
sidewalk shall be ten (10) feet back from the street side property line
for a distance of at least ten (10) feet from the rear property line.
34 -1
(c) Fence:., , sedges or other visual obstructions a corner lot shall
comply with Municipal Code Section 20.60.
(d) Where a fence is built upon or in conjunction with a retaining wall
within five (5) feet of a property line, the maximum height of the
retaining wall shall be three (3) feet. No additional retaining walls may
be constructed within five (5) feet of the first wall; the maximum height
of any additional retaining wall shall be six (6) feet.
(e) Fences or walls adhering to the setbacks required for a main building
are permitted up to eight (8) feet in height. Such fences or walls shall
be set back a minimum of six (6) feet from any side lot line.
(f) Fences adjacent to alleys are permitted up to seven (7) feet in height.
(g) Landscape amenities such as arbors, trellises and pergolas shall be
limited to eight (8) feet in height in the front -yard setback and shall not
create any safety hazards by blocking the view for traffic or
pedestrians.
Section 34.32 Commercial and Industrial Districts
Except in the following situations, fences and hedges in commercial or
industrial districts are permitted up to seven (7) feet in height, measured from
the finished grade on the higher side of the fence:
(a) Fences or walls higher than three (3) feet shall not be built within the
required front or street side yard landscape area. Any fences or walls
higher than three feet within the required front or street side setback
shall not block any vehicular or pedestrian visibility.
(b) Where a fence is built upon or in conjunction with a retaining wall
within five (5) feet of a property line, the maximum height of the
retaining wall shall be three (3) feet. No additional retaining walls may
be constructed within five (5) feet of the first wall; the maximum height
of any additional retaining wall shall be six (6) feet.
(c) Fences, hedges or other visual obstructions on a corner lot shall
comply with Municipal Code Section 20.60.
(d) Fences or walls adhering to the setbacks required for a main building
are permitted up to twelve (12) feet in height, except when abutting any
residential zone. Fencing over seven (7) feet in height shall be
designed as an integral part of the main building on the site, and shall
be approved through the Architectural and Site Review process under
Section 50.40 of this Ordinance.
Section 34.40 Prohibited Materials
Section 34.41 Barbed Wire Fences
Barbed wire, razor wire or similar fences shall not be installed within the City,
except for security fences in commercial and industrial zones. Barbed wire,
34 -2
razor wire or si...,iar fences shall not be installed wits,.., the area
encompassed by the Downtown Specific Plan.
Section 34.42 Electrified Fences
Electrified fences of any kind shall not be installed within the City.
Section 34.43 Wire Mesh Fences
Wire mesh fences shall not be installed within any required front yard, side
yard or rear yard setback area whenever this is adjacent to a street in any
residential or commercial zone. In the Downtown Specific Plan districts, no
wire mesh fencing will be installed within the front 30 feet or the side or rear
20 feet whenever adjacent to a street or an alley. Wire mesh fences shall not
be installed along any water district channel or railroad corridor, unless
coated with a dark vinyl or similar material.
34 -3
ZONING SECTION 3.
WIRELESS TELECOMMUNICATION FACILITIES, ANTENNAS AND WINDMILLS
35.10 Purpose and Intent.
The purpose and intent of this section is to provide a uniform and comprehensive set of
standards for the development, siting, installation and operation of wireless
telecommunications antennas and related facilities ( "Wireless Telecommunication
Facilities ") for personal wireless services. These regulations are designed to protect
and promote public safety and community welfare, preserve the visual character of the
City, to establish development standards that are consistent with federal law related to
the development of wireless telecommunication transmission facilities, to acknowledge
the community benefit associated with the provision of wireless telecommunication
services within the City, and to provide incentives for well designed and well placed
facilities.
A. The objectives of this section include but are not limited to the following:
General Order 159A of the Public Utilities Commission (PUC) of the State of
California acknowledges that local citizens and local government are often in a
better position than the PUC to measure local impact and to identify alternative
sites. Accordingly, the PUC will generally defer to local governments to regulate
the location and design of cell sites, wireless telecommunication facilities and
Mobile Telephone Switching Offices (MTSOs) including (a) the issuance of land
use approvals, (b) acting as Lead Agency for purposes of satisfying the
California Environmental Quality Act (CEQA), and (c) the satisfaction of noticing
procedures for both land use and CEQA procedures,
2. Foster an aesthetically pleasing urban environment, prevent visual blight, protect
and preserve public safety and general welfare, and maintain the character of
residential and adjacent neighborhood commercial areas consistent with the
adopted General Plan and Specific Plans and in compliance with applicable
state and federal legislation,
3. Establish and maintain telecommunications facilities that are components of a
wireless telecommunications infrastructure designed to enhance the City's
emergency response network and do not interfere with such emergency systems
in violation of applicable federal or state regulations,
4. Establish a process for obtaining necessary permits for Wireless
Telecommunication Facilities that provides greater certainty to both applicants
and interested members of the public while ensuring compliance with all
applicable zoning requirements,
5. Because wireless telecommunications antennas and related facilities for cellular
and mobile phones and personal communications systems are a commercial
use that are usually separate from and are rarely accessory to the primary use
of a parcel, to dissuade locating such facilities in residentially zoned districts
unless (a) such location is necessary to provide personal wireless services to
residents and businesses in the City of Gilroy, or their owners, customers,
35 -1
guests, or invi. -as, or other persons traveling in or ..,out the City of Gilroy, (b)
the wireless telecommunications facilities are designed to interfere as little as
possible with the character of the neighborhood, and (c) another feasible
alternative site or sites exist that can provide comparable services individually or
in combination, as evidenced by a report provided by the applicant,
6. Provide opportunities for further reduction in potential aesthetic or land use
impacts of wireless telecommunications facilities as changes in technology
occur, and
7. To promote use of wireless telecommunications technology, where appropriate
and within the scope of available resources, to enhance the economic vitality of
Gilroy.
35.11 Definitions.
Amortize - The period of time necessary to secure full value of the legal owner's
investment in the Wireless Telecommunication equipment pursuant to the regulations
of Generally Accepted Accounting Principals ( "GAAP ") as established by the American
Institute of Certified Public Accountants (AICPA).
Antennas - Any system of wires, poles, rods, reflecting discs, dishes, flat panels, or
similar devices, including "whip antennas ", attached to a telecommunications tower,
mast or other structure, which in combination with the radio - frequency radiation
generating equipment associated with a base station are used for the transmission or
reception of electromagnetic waves.
Base Station - The primary sending and receiving site in a wireless
telecommunications network, including all radio - frequency generating equipment
connected to antennas. More than one base station and /or more than one variety of
telecommunications providers can be located on a single tower or structure.
Cellular Service - A wireless telecommunications service that permits customers to use
mobile telephones and other communication devices to connect, via low -power radio
transmitter sites, either to the public - switched telephone network or to other fixed or
mobile communication devices.
Channel - The segment of the radiation spectrum from an antenna, which carries one
signal. An antenna may radiate on many channels simultaneously.
Co- location or Co- located Facility - When more than one wireless service provider
share a single wireless communication facility. A co- located facility can be comprised
of a single tower, mast/pole or building that supports two or more antennas, dishes, or
similar wireless communication devices, that are separately owned or used by more
than one public or private entity. Co- location can consist of additions or extensions
made to existing towers so as to provide enough space for more than one user, or it
can involve the construction of a new replacement tower with more antenna space that
supplants an older tower with less capacity. Placing new wireless telecommunication
facilities /antennas upon existing or new P.G.BE. or other utility towers or poles (e.g.,
"micro -cell" sites) is also considered co- location.
35 -2
Communication Equipment Shelter — A structure located at a base station designed
principally to enclose equipment used in connection with telecommunication
transmissions.
dBm — Unit of measure of the power level of an electromagnetic signal expressed in
decibels referenced to 1 milliwatt.
Dish Antenna - Any device incorporating a reflective surface that is solid, open mesh, or
bar configured that is shallow dish, cone, horn, or cornucopia- shaped and is used to
transmit and /or receive electromagnetic signals.
Equipment Building, Shelter or Cabinet - A cabinet or building used to house equipment
used by wireless telecommunication providers at a facility.
FAA — Federal Aviation Administration.
FCC - Federal Communications Commission, the government agency responsible for
regulating telecommunications in the United States.
GHz — Gigahertz — One billion hertz.
Ground - Mounted Wireless Telecommunication Facility - Any antenna with its base
placed directly on the ground, or that is attached to a mast or pipe.
Hertz — One hertz is a unit of measurement of an electric or magnetic field, which
reverses its polarity at a frequency of once per second (i.e., one cycle or wavelength
per second).
Major Modification to Power Output —Any of the following resulting in an increase in the
wireless communication facility's power output and /or increase in the intensity or
change in the directionality of NIER propagation patterns: increase or intensification, or
proposed increase or intensification, in power output or in size or number of antennas;
repositioning of antenna(s); change in number of channels per antenna above the
maximum number previously approved by the City of Gilroy, including changes to
any /all RF- generating equipment/componentry that are attached to antennas.
Major Modification to Visual Impact — Any increase or intensification, or proposed
increase or intensification, in dimensions of an existing and /or permitted wireless
communications facility (including, but not limited to, its telecommunications tower or
other structure designed to support telecommunications transmission, receiving and /or
relaying antennas and /or equipment) resulting in an increase of the visual impact of
said wireless communications facility.
MHz — Megahertz — One million hertz.
Microcell Site — A small radio transceiver facility comprised of an unmanned equipment
cabinet with a total volume of one hundred (100) cubic feet or less that is either under
or aboveground, and one omni - directional whip antenna with a maximum length of five
feet, or up to three small (approximately 1'x 2' or 1'x 4') directional panel antennas,
ks''c3
mounted on a single jle, an existing conventional utility '._,e, or some other similar
support structure.
Monitoring — The measurement, by the use of instruments in the field, of radio -
frequency /non- ionizing radiation exposure at a site as a whole, or from individual
wireless telecommunication facilities/towers /antennas /repeaters.
Monitoring Protocol — An industry accepted radio - frequency (RF) radiation
measurement protocol used to determine compliance with FCC RF radiation exposure
standards, in accordance with the National Council on Radiation Protection and
Measurements Reports 86 and 119 and consistent with the RF radiation modeling
specifications of OET Bulletin 65 (or any superceding reports /standards), which is to be
used to measure the emissions and determine radio - frequency radiation exposure
levels from existing and new telecommunications facilities. RF radiation exposure
measurements are to be taken at various locations, including those from which public
RF exposure levels are expected to be the highest.
MMDS — Multi- channel, Multi -point Distribution Services (also known as "wireless
cable ").
MTSOs - Mobile Telephone Switching Offices.
Monopole - A single pole- structure erected on the ground to support one or more
wireless telecommunication antennas and connecting appurtenances.
Non - Ionizing Electromagnetic Radiation (VIER) — Radiation from the portion of the
electromagnetic spectrum with frequencies of approximately 1 million GHz and below,
including all frequencies below the ultraviolet range, such as visible light, infrared
radiation, microwave radiation, and radio frequency radiation.
Non -Major Modification or Maintenance Activity A modification that is not a major
modification to power output and is not a major modification to visual impact, or a
maintenance activity that does not result in a major modification to power output or a
major modification to visual impact.
PCS - Personal Communications Services - Digital wireless telecommunications
technology such as portable phones, pagers, faxes and computers. Also known as
Personal Communications Network (PCN).
PUC or CPUC - California Public Utilities Commission.
PUD — Planned Unit Development.
Personal Wireless Services — Commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services. These services
include: cellular services, personal communication services, specialized mobile radio
services, and paging services.
Radio - Frequency (RF) Radiation — Radiation from the portion of the electromagnetic
spectrum with frequencies below the infrared range (approximately 100 GHz and
35 -4
below), including mic ►_.raves, television VHF and UHF sigi._.S, radio signals, and low
to ultra low frequencies.
Repeater —A small receiver /relay transmitter of relatively low power output designed to
provide service to areas that are not able to receive adequate coverage directly from a
base or primary station.
Stealth Technology/Techniques — Camouflaging methods applied to wireless
telecommunication towers, antennas and /or other facilities, which render them visually
inconspicuous.
Significant Gap — A gap in the service provider's (applicant carrier's) own personal
wireless services network within the City of Gilroy, as defined in federal case law
interpretations of the Federal Telecommunications Act of 1996.
Structurally Able — The determination that a tower or structure is capable of carrying the
load imposed by the new antennas under all reasonably predictable conditions as
determined by professional structural engineering analysis.
Structure - Mounted Wireless Telecommunication Facility - Any immobile antenna
(including panels and directional antennas) attached to a structure, such as a building
fagade or a water tower, or mounted upon a roof.
Telecommunication Tower (tower) - A mast, pole, monopole, guyed tower, lattice tower,
freestanding tower, or other structure designed and primarily used to support antennas.
Viable — Primarily in reference to the Alternatives Analysis, an alternative site for which
there is a property owner /manager interested in renting, leasing, selling, or otherwise
making available, space for one or more Wireless Telecommunication Facilities upon
said site on reasonable terms commensurate with the market in the City of Gilroy.
Visual Impact — An adverse effect on the visual and /or aesthetic environment. This may
derive from blocking of a view, or introduction of elements that are incompatible with the
scale, texture, form or color of the existing natural or human -made landscape, including
the existing community character of the neighborhood.
Wireless Telecommunication (or "Telecommunications") Facility —A facility, including all
associated equipment, which supports the transmission and /or receipt of
electromagnetic /radio signals. Wireless Telecommunication Facilities include cellular
radiotelephone service facilities, personal communications service facilities (including
wireless internet), specialized mobile radio service facilities, and commercial paging
service facilities. Components of these types of facilities can consist of the following:
antennas, repeaters, microwave dishes, horns, and other types of equipment for the
transmission or receipt of such signals, telecommunication towers or similar structures
supporting said equipment, equipment buildings, parking area, and other accessory
development.
35.12 Applicability
Facilities regulated by this Ordinance include the siting, design, construction, major
35 -5
modification, and opc,.,(ion of all Wireless Telecom m u n i,--.ion Facilities, including
Federal Communication Commission (FCC) regulated dish antennas, antennas used
for Multi- channel, Multi -point Distribution Services (MMDS) or "Wireless Cable,"
personal wireless service facilities (e.g., cellular phone services, PCS - personal
communication services, wireless paging services, etc.), television antennas and
windmills. The regulations in this Ordinance are intended to be consistent with state
and federal law, particularly the Federal Telecommunications Act of 1996, in that they
are not intended to: (1) be used to unreasonably discriminate among providers of
functionally equivalent services, (2) have the effect of prohibiting personal wireless
services within the City of Gilroy, or (3) have the effect of prohibiting the siting of
Wireless Telecommunication Facilities on the basis of the environmental/health effects
of radio frequency emissions, to the extent that the regulated services and facilities
comply with the regulations of the Federal Communications Commission concerning
such emissions.
35.13 Exemptions
A. The following Wireless Telecommunications Facilities shall be exempt from this
Ordinance:
A Wireless Telecommunication Facility shall be exempt from the provisions of
this section if and to the extent that a permit issued by the California Public
Utilities Commission (CPUC) or the rules and regulations of the Federal
Communications Commission (FCC) specifically provides the antenna is exempt
from local regulation.
2. Direct Broadcast Satellite (DBS) antennas and Multipoint Distribution Services
(MDS) antennas which are 1 meter or less in diameter or diagonal measurement
and Television Broadcast Service (TVBS) antennas so long as they are located
entirely on -site and are not located within the required front yard setback area.
This locational requirement is necessary to ensure that such antenna
installations do not become attractive nuisances and /or result in accidental
tripping hazards if located adjacent to a street or other public right of way.
3. Satellite Earth Station (SES) antennas, which are two meters or less in diameter
or in diagonal measurement located in a Commercial or Industrial zoning district.
However, such antennas shall require building permit approval and Architectural
and Site Review by the Planning Division to ensure maximum safety is
maintained. In order to avoid the creation of an attractive nuisance, reduce
accidental tripping hazards and maximize stability of the structure, such
antennas shall be placed whenever possible on the top of buildings and as far
away as possible from the edges of rooftops.
4. A ground- or building- mounted citizens band or two -way radio antenna including
any mast.
5. Aground-, building -, or tower - mounted antenna operated by a federally licensed
amateur radio operator as part of the Amateur or Radio Service, provided the
antenna does not exceed 35 feet in the R1 and R2 Zone Districts, 30 feet in the
RH Zone District, 45 feet in the R3 Zone District, 75 feet in the R4 Zone District
35 -6
and 50 feet in 1,,.: Public Facilities Zone District. An —aur radio antennas that
exceed the height limit in residential zone districts are required to secure
approval of a Conditional Use Permit.
6. A ground- or building- mounted receive -only radio or television antenna which
does not exceed the height requirements of the zoning district, or television dish
antenna which does not exceed three (3) feet in diameter if located on
residential property within the exclusive use or control of the antenna user.
7. A television dish antenna that is no more than six (6) feet in diameter and is
located in any area where commercial or industrial uses are allowed by the land
use designation. Television dish antennas greater than one (1) meter in
diameter in the R1 and R2 zones shall be permitted only between the main
dwelling unit and the rear property line, or attached to the rear roof eave or
building wall and not within twenty (20) feet of any property line adjacent to a
public right of way. Dish antennas greater than one (1) meter shall not be
placed higher than eighteen (18) feet. In other zone districts, dish antennas
shall be screened to comply with Section 50.45 of the Zoning Ordinance related
to mechanical appurtenances, whether such antenna is located on the roof or on
the ground.
8. Temporary mobile wireless services, including mobile wireless
telecommunication facilities and services providing public information coverage
of news events, of less than two -weeks duration.
9. Hand held devices such as cell phones, business -band mobile radios, walkie-
talkies, cordless telephones, garage door openers and similar devices.
10. Wireless Telecommunication Facilities and /or components of such facilities to be
used solely for public safety purposes, installed and operated by authorized
public safety agencies (e.g., County 911 Emergency Services, police, sheriff,
and /or fire departments, first responder medical services, hospitals, etc.), are
exempt from the provisions of this Ordinance.
11. Any non -major modification or maintenance activities carried out as part of the
routine operation of Wireless Telecommunication Facilities.
12. Small scale, low powered, short-range wireless Internet transmitter /receivers
(e.g., "Wi -Fi hotspots ").
13.A television antenna that is not located in any front or side yard setback, at least
six (6) feet from any property boundary, set back ten (10) feet from any
overheard electrical power line, located such that any collapse of the antenna
will not result in contact with any power line carrying over four thousand (4,000)
volts, and does not exceed the zone district height limit by more than fifteen (15)
feet.
14. Windmills that conform to all height and setback requirements established for
the main building in the zone district. The setback shall be measured from the
greatest possible extension of any fixed or movable part of the windmill or
35 -7
related structu,.:. Windmills shall be located at le,.. L ten (10) feet from any
overhead electrical power line.
15. Telemetry facilities used solely for the monitoring and control of water, sewer,
irrigation, and flood and storm control systems.
35.14 Permits Required
A. Permit Required. No Wireless Telecommunications Facility except those
designated in Section 35.13 (Exemptions) shall be installed or erected in the City
limits of Gilroy except upon approval of a permit as set forth in the Table 35.1.
Table 35.1 identifies the type of permit required in each general zoning
classification.
B. Co- location. Each service provider located on a co- location site must obtain a
permit independent of the other service providers in the same locations. Multiple
service providers may submit one application for all intended co- located facilities.
C. Architectural and Site Review Permit. Applications, which require approval of a
Conditional Use Permit, shall also require approval of an Architectural and Site
Review permit.
D. Conflicting Provisions. Use permits and Architectural and Site Review permits shall
be processed in accordance with the Gilroy Zoning Ordinance Sections 50.30 and
50.40, respectively, and in accordance with the provisions of this Ordinance. In the
event of any conflict between the provisions of this Ordinance and the provisions of
Sections 50.30 and 50.40, the provisions of this Ordinance shall be controlling.
E. Findings. In approving or denying any permit required by this Ordinance, written
findings shall be made for the particular permit sought setting forth the factual basis
for the decision in accordance with Section 35.20.
F. Conditions. In approving an application, the City may impose such conditions, as it
deems appropriate or necessary to further the purposes of this Ordinance,
including, but not limited to redesign or relocate the facility and resubmit a revised
proposal for further consideration.
G. Wireless Telecommunication Services Not Prohibited. Notwithstanding anything
contained in this Ordinance to the contrary, no decision made pursuant to this
Ordinance shall have the effect of prohibiting the provision of wireless
telecommunication services in the City.
H. Notification. Except for exempt facilities listed in Section 35.13 and Wireless
Telecommunication Facilities that are in commercial or industrial zone districts and
at least 500 feet from a residential dwelling, all residential property owners within
five hundred feet (500') of a property on which a Wireless Telecommunications
Facility is proposed shall be notified of the Wireless Telecommunication Facility
application as provided in Section 51.31 of the City of Gilroy Zoning Ordinance.
Applicants for Wireless Telecommunication Facilities that are proposed in industrial
or commercial zone districts and are within 500 feet of a residential dwelling shall
35 -8
H. Notification. Except for exempt facilities listed in Section 35.13 and Wireless
Telecommunication Facilities that are in commercial or industrial zone districts
and at least 500 feet from a residential dwelling, all residential property owners
within five hundred feet (500') of a property on which a Wireless
Telecommunications Facility is proposed shall be notified of the Wireless
Telecommunication Facility application as provided in Section 51.32 of the City of
Gilroy Zoning Ordinance. Applicants for Wireless Telecommunication Facilities
that are proposed in industrial or commercial zone districts and are within 500
feet of a residential dwelling shall provide notification to all residential uses in the
500 -foot radius from the property boundaries of the proposed facility pursuant to
the procedures in Section 51.32 (Notices) of the City of Gilroy Zoning Ordinance.
35 -9
Table 35.1
Required Permit Matrix
General Zoning Districts
Type of
Residential
Commercial and
Publicly Owned
Open Space
Permit
Districts and
Industrial Districts
Property
Districts
Mixed -use
Projects with
Residential Uses
Conditional
All Wireless
All Wireless
Use Permit
Telecommunicatio
Telecommunicati
— Planning
n Facilities except
on Facilities
Commissio
those designated
except those
n Review
in 35.13
designated in
Exemptions
35.13 Exemptions
Architectur
All Wireless
All Wireless
All Wireless
All Wireless
al and Site
Telecommunicatio
Telecommunicati
Telecommunicati
Telecommuni-
Review —
n Facilities except
on Facilities
on Facilities
cation
Staff
those designated
except those
except those
Facilities
Review
in 35.13
designated in
designated in
except those
Exemptions
35.13 Exemptions
35.13 Exemptions
designated in
35.13
Exemptions
35.15 Pre - application
A pre - application conference is strongly recommended for all Wireless
Telecommunication proposals. Two pre - application submittals are encouraged. The
first should take place at the earliest stage of looking for an appropriate site and should
include a map of the geographic service area and geographic area where an antenna
site could be located. A second pre - application submittal is recommended after the site
is selected and should include a Site Review and architectural drawings illustrating the
visual impacts of the project. A pre - application submittal is not considered a
development application and no fee is charged for review of material submitted at this
stage.
35.16 Minimum Application Requirements
Information to be Provided. For all Wireless Telecommunications Facilities, the
applicant shall provide the information listed below. Application for a Wireless
Telecommunications Facility shall be made upon a form to be provided by and shall be
submitted to the Planning Division. Application requirements that contain an asterisk
after the item are required for all applications that require a Conditional Use Permit
only. The number and size of plans shall be determined by the Planning Manager,
who may waive certain submittal requirements or require additional information based
on specific project factors.
35 -10
A. Proposed Wirt-__ss Telecommunications Facility PL.. ,.
Site Review. Provide a Site Review Plan, drawn to a measurable scale, showing
the metes and bounds of the property, showing the location of existing features
of the site including existing structures, roads, landscaping, trees and other
significant natural features. The Site Review shall also show the location of each
new structure to be located on the site including telecommunications antennas,
base transceiver stations, equipment cabinets and buildings, parking, lighting,
and appurtenant structures including screening.
2. Elevations. Provide elevations and identify heights of all proposed
telecommunication structures and appurtenances and composite elevations
from the street of all structures on site.
3. Colored Elevations. Colored renderings or perspectives of the street elevation
and any other elevation that will be visible from public view. A sample of colors
and materials is required at the time of application submittal.
4. Section Drawings. If applicable, section drawings shall be provided to show the
foundations /footings of new structures and how they affect existing conditions,
including landscaping.
5. Visual Impact Demonstrations. Using photo-simulations, photo- montage, story
poles, elevations or other visual or graphic illustrations, provide a visual impact
demonstration to determine potential visual impact including proper coloration
and blending of the facility with the proposed site.
6. Visibility Impacts. If the installation is located where it is visible to the public,
identify what elements of the proposed facility (including screening) that can be
viewed by the public.
7. Landscape Plan. Provide a landscape plan that shows existing vegetation,
indicating any vegetation proposed for removal, and identifying proposed
plantings by type, size and location. If deemed necessary by the Planning
Manager, an arborist's report may be required to verify that the existing
landscaping will not be adversely affected by the installation of the facility. The
arborist's report may recommend protective measures to be implemented during
construction.
8. Miscellaneous and Appurtenant Structures. Show all facility - related support and
protection measures to be installed. This includes, but is not limited to, the
location(s) and method(s) of placement, support, protection, screening, paint
and /or other treatments of the antennas, base transceiver stations, equipment
cabinets and buildings, cables, and other appurtenances to ensure public safety,
ensure compatibility with urban design, architectural and historic preservation
principles, and harmony with neighborhood character.
35 -11
9. Other Wireles- . alecommunication Facilities. A plan .. awing telecommunication
facilities of all wireless telecommunications service providers within 1,000 feet of
the proposed site including facilities located outside the City of Gilroy, if
applicable.
B. Narrative
Antennas. List the number of antennas and base transceiver stations and /or
equipment cabinets and buildings per site by your carrier and, if there are other
installations on a site, list the number by each carrier.
2. Location. Describe the location and type of antenna installations (stand -alone
rooftop, rooftop attached to a mechanical penthouse or building facade) and
location of the base transceiver station(s), equipment cabinets and /or buildings.
3. Height. List the height from nearest adjacent grade to the top of the antennas
installation(s).
4. Radio Frequency. List the radio frequency range in megahertz and list the
wattage output of the equipment.
5. FCC Compliance. Provide a description stating that the system, including the
antennas and associated base transceiver stations, equipment cabinets and
buildings, conform to the radio - frequency radiation emission standards adopted
by the FCC.
6. Maintenance. Provide a description of the anticipated maintenance and
monitoring program for the antennas and back -up equipment, including
frequency of maintenance services, back -up service plans for disruption of
service due to repair, testing, maintenance or monitoring activities.
7. Environmental Assessment. Provide sufficient information to permit the city to
make any required determination under the California Environmental Quality Act
(CEQA).
8. Noise /Acoustical Information. Provide noise and acoustical information for the
base transceiver stations, equipment buildings and associated equipment such
as air conditioning units and back -up generators.
9. Site Selection Process. Provide a description explaining the site selection
process including information about other sites that were considered and
reasons for their rejection. In addition, carriers must demonstrate that facilities
have been designed to attain the minimum height required from a technological
standpoint for the proposed site.
10. A Structural Professional Engineer's written description of the proposed
tower /facility structure and its capacity to support additional antennas or other
communication facilities at different heights and the ability of the tower to be
shortened if future communication facilities no longer require the original height.
35 -12
C. Geographic Sera..,; Area. Identify the geographic sb.. ice area for the subject
installation, including a map showing the site and the associated "next" cell sites
within the network. Describe the distance between cell sites. Describe how this
service area fits into and is necessary for the company's service network. Illustrate
the geographic area in which the facility could be located showing all other sites that
could be used for antenna location.
D. Ten -year Plan. Provide a map showing how the proposed facility fits into the
individual service provider's network of existing and proposed antenna sites. Each
application shall include a ten -year facilities plan. The ten -year plan shall include:
1. Type of technology. A written description of the types of technology to be
provided to its customers over the next ten years, (e.g., cellular, PCS, ESMR).
2. Radio Frequencies. A description of the radio frequencies to be used for each
technology.
3. Services. The type of consumer services (voice, video, data transmission) and
consumer products (mobile phones, laptop PC's, modems) to be offered.
4. All facilities. Provide a list of all existing, existing to be upgraded or replaced, and
proposed cell sites within the city for these services by your company.
5. List of Information. Provide a list of the ten -year cell sites, with the following
information:
a. List the cell sites by address and assessors parcel number.
b. The zoning district in which the site is located..
C. The type of building and the number of stories.
d. The name of the carrier (your company).
e. Appurtenant Equipment. The number of antennas and base transceiver
stations, equipment cabinets and buildings per site by your carrier and, if
there are other installations on a site, list the number by each carrier.
Location. Describe the location and type of antenna installation (stand-
alone rooftop, rooftop attached to a mechanical penthouse or building
facade) and location of the base transceiver station, equipment cabinets
and buildings.
g. Height. List the height from grade to the top of the antenna installation (s),
the radio frequency range in megahertz and the wattage output of the
equipment.
6. Ten -year Map. Using the city- zoning map as a base, show the ten -year cell
sites. If individual properties are not known, show the geographic service areas
of the cell sites.
35 -13
E. Cumulative Effects. Identify the location of the applicant's antennas and backup
facilities per building and number and location of other Wireless Telecommunication
Facilities on and near the property; including the following:
1. Height. The height of all existing and proposed wireless telecommunications
facilities on the property, shown in relation to the height limit for the district and
measured from grade.
2. Antennas. The dimensions of each existing and proposed antenna, base
transceiver station, equipment cabinet and associated building and backup
equipment on the property.
3. Power Rating. The power rating for all existing and proposed backup equipment
subject to the application.
4. Ambient Radio Frequency. A report estimating the ambient radio frequency
fields for the proposed site.
5. Total Watts. The total number of watts per installation and the total number of
watts for all installations on the building (roof or side).
6. Facilities Within One Hundred Feet. The number and types of Wireless
Telecommunication Facilities within one hundred feet of the proposed site and
provide estimates of the cumulative electromagnetic radiation emissions at the
proposed site.
F. Other Permit Requirements. The application information required by Section 50.32
and 50.42 of the Zoning Ordinance for the particular permit sought by the applicant
(Conditional Use Permit and /or Architectural and Site Review application).
G. Co- location Agreement. All telecommunications carriers shall provide a letter stating
their willingness to allow other carriers to co- locate on their facilities wherever
technically and economically feasible and aesthetically desirable.
Telecommunication facility applicants shall also provide written notice to all
telecommunication providers in the City of Gilroy stating their intent to locate a new
wireless telecommunication facility and willingness to allow other carriers to co-
locate on their facility. To facilitate co- location when deemed appropriate, conditions
of approval for Conditional Use Permits shall require all service providers to
cooperate in the siting of equipment and antennas to accommodate the maximum
number of operators at a given site where found to be feasible and aesthetically
desirable. The applicant shall agree to allow future co- location of additional
antennas and shall not enter into an exclusive lease for the use of the site.
35 -14
H. Alternatives Analysis. For applications for wireless communication facilities
proposed to be located in any residential zone districts or within a PUD with
residential uses, an Alternatives Analysis must be submitted by the applicant,
subject to independent RF engineering review, which shall at a minimum: *
Identify and indicate on a map, at a minimum two (2) viable, technically feasible,
and potentially environmentally equivalent or superior alternative locations for
facilities within residential zone districts or PUDs with residential uses, which
could eliminate or substantially reduce the significant gap(s) in the applicant
carrier's network intended to be eliminated or substantially reduced by the
proposed facility. If there are fewer than two such alternative locations, the
applicant must provide evidence establishing that fact. The map shall also
identify all locations where an unimpaired signal can be received to eliminate or
substantially reduce the significant gap(s). For all non co- located wireless
communication facilities proposed in residential zone districts or PUD with
residential uses, the applicant must also evaluate the potential use of one or
more microcell sites (i.e., smaller facilities often mounted upon existing or
replacement utility poles), and the use of repeaters, to eliminate or substantially
reduce said significant gaps in lieu of the proposed facility. The applicant shall
demonstrate that there are no feasible site or sites to provide coverage. The
analysis shall also consider that the applicant may need to provide multiple, less
obtrusive sites outside of a residential zone district or PUD with residential uses
as opposed to one site in the residential zone district to provide the same level
of coverage. For each alternative location so- identified, the applicant shall
describe the type of facility and design measures that could be used at that
location so as to minimize negative resource impacts (e.g., the use of stealth
camouflaging techniques).
2. Evaluate the potential for co- location with existing wireless communication
facilities as a means to eliminate or substantially reduce the significant gap(s) in
the applicant carrier's network intended to be eliminated or substantially reduced
by the proposed facility.
3. Compare, across the same set of evaluation criteria and to similar levels of
description and detail, the relative merits of the proposed site with those of each
of the identified technically feasible alternative locations and facility designs.
Such comparison analysis shall rank each of the alternatives (i.e., the proposed
locationtfacility and each of the technically feasible location /design alternatives)
in terms of impacts (i.e. from least to most environmentally damaging), and shall
support such ranking with clear analysis and evidence.
4. Include photo - simulations of each of the alternatives (i.e., the proposed
location /facility and each of the technically feasible location /design alternatives).
35 -15
5. Document gt._, faith and diligent attempts to _,it, lease, purchase or
otherwise obtain the use of at least two (2) of the viable, technically feasible
alternative sites which may be environmentally equivalent or superior to the
proposed project site. The decision making body may determine that an
alternative site is not viable if good faith attempts to rent, lease, purchase or
otherwise obtain the site have been unsuccessful.
I. Security Plan. A plan for safety /security considerations, consistent with Section
35.19 (NIER Exposure). A detailed description of the proposed measures to
ensure that the public would be kept at a safe distance from any NIER
transmission source associated with the proposed wireless communication
facility, consistent with the NIER standards of the FCC or any potential future
superceding standards, must be submitted as part of the application. The
submitted plans must also show that the outer perimeter of the facility site (or
NIER hazard zone in the case of rooftop antennas) will be posted with bilingual
NIER hazard warning signage that also indicates the facility operator and an
emergency contact. The emergency contact shall be someone available on a 24-
hour a day basis who is authorized by the applicant to act on behalf of the
applicant regarding an emergency situation. For the protection of emergency
response personnel, each wireless communication facility shall have an on -site
emergency shut -off switch to de- energize all RF- related circuitry/componentry at
the base station site (including a single shut off switch for all facilities at a co-
location site), or some other type of emergency shut -off by emergency personnel
acceptable to the local Fire Chief, unless the applicant can prove that the FCC
public exposure limits cannot be exceeded in the vicinity of the proposed facility,
even if firefighters or other personnel work in close proximity to the antenna(s) or
other RF radiation emitting devices /components.
J. Applications in Residential and PUD's with Residential Uses. For applications for
new wireless communication facilities in any residential zone districts or PUDs
with residential uses, the applicant must also disclose: *
1. Number, type(s), manufacturer(s) and model number(s) for all antennas and
other RF- generating equipment.
2. For each antenna, the antenna gain and antenna radiation pattern.
3. Number of channels per antenna, projected and maximum.
4. Power input to each antenna.
5. Power output, in normal use and at maximum output for each antenna and all
antennas as an aggregate.
6. Output frequency of the transmitter(s).
K. Fees. Payment of all filing fees and fees for processing and monitoring the permit
application as established in the Comprehensive Fee Schedule.
35 -16
F. Compliance with —C, Rules. All telecommunication fu_.,ities shall comply at all
times with all FCC rules, regulations, and standards.
G. Compliance with FAA Rules. All wireless telecommunication facilities shall comply
with all Federal Aviation Administration requirements.
H. Aviation Safety. No wireless communication facility shall be installed within the
safety zone or runway protection zone of any airport, airstrip or helipad within or
adjacent to the city unless the airport owner /operator indicates that it will not
adversely affect the operation of the airport, airstrip or helipad. In addition, no
wireless communication facility shall be installed at a location where special painting
or lighting will be required by the FAA regulations unless the applicant has
demonstrated to the Planning Manager that the proposed location is the only
technically feasible location for the provision of personal wireless services as
required by the FCC.
I. Compliance with the Security Program. All telecommunication facilities shall
maintain in place a security program, when determined necessary by and subject to
the review and approval of the Police Chief, that will prevent unauthorized access
and vandalism.
J. Compliance with the Height of Satellite Dish and Parabolic Antennas. Satellite dish
and parabolic antennas shall be situated as close to the ground as possible to
reduce visual impact without compromising their function.
K. Impact on Parking. Installation of the Wireless Telecommunication Facilities shall
not reduce the required parking on the site.
L. Stealth Requirements. Wireless Telecommunications Facilities that are proposed in
residential zone districts or PUDs with residential uses shall use stealth techniques
to minimize the visual impact of the telecommunication facility from all surrounding
locations.
M. Access Control. In addition to providing visual screening, each antenna site shall be
required to provide warning signs, fencing, anticlimbing devices, or other techniques
to control access to the facilities in order to prevent unauthorized access and
vandalism. The use of fencing shall not necessarily add to the visual impact of the
facility, and the design of the fencing and other access control devices shall be
subject to the Planning Manager or Planning Commission review and approval,
whichever is applicable. Pursuant to 35.17 (1), the Police Chief shall review and
approve the type of anticlimbing device.
N. Telecommunication Facilities — Critical Disaster Response Facility. All wireless
telecommunication facilities providing service to the government and general public
shall be designed to survive a natural disaster without interruption of operation. To
this end, all the following measures shall be implemented:
1. The telecommunication tower when fully loaded with antennas, transmitters, and
other equipment and camouflaging shall be designed to withstand the forces
expected during the maximum credible earthquake ". All equipment mounting
35 -18
racks and equ.,r, nent used shall be anchored in sL_. j a manner that such a
quake will not tip them over, throw the equipment off its shelves, or otherwise act
to damage it.
2. All connections between various components of the facility and with necessary
power and telephone lines shall be protected against damage by fire, flooding,
and earthquake.
3. Measures shall be taken to keep the facility in operation in the event of a
disaster, including installation of backup generators.
4. Demonstration of compliance with these requirements shall be provided via a
certification on the plans signed by a structural engineer or other appropriate
professional licensed by the State of California.
O. Length of Permit
1. Use Permits and Architectural & Site Review Permits for all Wireless
Telecommunication Facilities shall expire ten (10) years after permit approval.
An approval may be extended administratively from the initial approval date for a
subsequent ten (10) years and may be extended by the Planning Manager every
ten (10) years thereafter upon verification of the wireless service providers
continued compliance with the findings and conditions of approval under which
the application was originally approved. Costs associated with the review
process shall be borne by the wireless service provider. The Planning Manager
may schedule a public hearing at which the Planning Commission may deny the
renewal of an approval if they find that:
a. The report showing that the wireless telecommunication service facility
complies with the current Federal Communications Commission radio
frequency standards, as required in Subsection 35.16(6)(5) of this section,
has not been submitted to the Planning Division.
b. The wireless telecommunication service facility fails to comply with the
requirements of this section as they exist at the time of renewal, and the
wireless service provider has failed to supply assurances acceptable to the
Planning Manager that the facility will be brought into compliance within
ninety (90) days.
c. The wireless telecommunication service provider has failed to comply with
the conditions of approval imposed.
d. The wireless telecommunication service facility has not been properly
maintained in accordance with Section 35.22.
e. The wireless telecommunication service provider has not agreed in writing to
upgrade the wireless telecommunication service facility within six (6) months
to minimize the facility's adverse visual impact to the greatest extent
permitted by the technology that exists at the time of renewal. The Planning
Manager shall determine if a new technology shall further minimize a facility's
35 -19
adverse vib—il impact and if a facility shall be rc.,jired to be upgraded. A
wireless telecommunication service facility shall not be upgraded if it
continues to comply with the requirements of this section, as they exist at the
time of renewal.
f. Notwithstanding the foregoing, no public hearing to schedule a denial of an
extension pursuant to this section shall be calendared until the Planning
Manager has first provided a written notice to the wireless telecommunication
service provider including with reasonable specificity: a) the nature of the
deficiency or violation; b) a reasonably ascertainable means to correct such
deficiency or violation; and c) a reasonable opportunity to cure the same if
the deficiency or violation is curable, which time period in no event shall be
less than thirty (30) days from the date of notification or such lesser period as
may be warranted by virtue of a public emergency.
2. If an approved Wireless Telecommunication Facility meets the requirements of
this Ordinance, but it is no longer allowed in its applicable zoning district, the
wireless service facility shall be permitted to remain for ten (10) years from the
date the facility became a nonconforming use in the zone district, unless the
owner of the facility can prove to the satisfaction of the city that a longer period
of time is required to fully amortize the investment in the existing structure.
3. A nonconforming personal wireless service facility shall not be altered or
modified unless approved by the Planning Manager subject to a determination
that the alteration or modification will cause the personal wireless service facility
to be in greater conformance with this Ordinance.
4. The Planning Manager's decision to deny a renewal may be appealed as
described in Section 35.24.
5. At the Planning Manager's request, the personal wireless service provider shall
provide a written summary certifying the commencement date and expiration
date of any lease, license, property right, or other use agreement for the
personal wireless service facility, including any options or renewal terms
contained therein.
6. An approval for a wireless telecommunication service facility may be modified or
revoked by the Planning Commission as described in this Section 35.26.
P. FCC and Other Agency Standards. All towers must meet or exceed current
standards and regulations of the FCC and any other agency of the federal
government with the authority to regulate towers and antennas. If such
standards and regulations are changed, then the owners of the towers and
antennas governed by this Ordinance shall bring such towers and antennas into
compliance with such revised standards and regulations within six (6) months of
the effective date of such standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards and
regulations shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
35 -20
Q. Security Requirement. Prior to issuance of any permits for new wireless
telecommunications facilities, or prior to renewing a Conditional Use Permit or
Architectural and Site Review permit for an existing wireless telecommunications
facility, the applicant shall provide a bond or an irrevocable letter of credit that
explicitly covers the full life of the wireless telecommunications facility or other
reasonable form of security, satisfactory to the city attorney, in an amount
reasonably sufficient to cover the cost of removal, for the removal of the facility
in the event that its use is abandoned or its Conditional Use Permit or
Architectural and Site Review permit expires or is terminated and the equipment
is not voluntarily removed within 30 days of termination of the facility operations.
R. Cessation of Operations
Within thirty (30) days of cessation of operations of any wireless
telecommunications facility approved pursuant to this Ordinance, the operator
shall notify the Planning Manager in writing. The permit for said wireless
telecommunications facility shall be deemed lapsed and of no further effect six
(6) months thereafter unless:
a. The Planning Manager has determined that the same operator resumed
operation within six (6) months of the notice, or
b. The City has received an application to transfer the permit to another
operator.
2. No later than thirty (30) days after a permit has lapsed under the preceding
subsection, the operator shall remove all Wireless Telecommunication Facilities
from the site. If the operator fails to do so, the property owner shall be
responsible for removal. The property owner shall be entitled to reimbursement
for the cost of removal from any bond or other assurances provided by the
operator pursuant to the requirements of Subsection 35.17(L). If such facilities
are not removed, the site shall be deemed to be a nuisance, and the City may
call the bond or letter of credit to pay for removal of the facilities and remediation
of the site.
3. Failure to inform the Planning Manager of cessation of operations of any
existing facility shall constitute a violation of the Zoning Ordinance and be
grounds for:
a. Revocation or modification of the permit,
b. Calling of any bond or other assurance, and /or
C. Removal of the facilities.
35 -21
S. Nonconforming � . _. _-less Telecommunication Facilitie- A lawfully established
wireless telecommunication facility that is in operation on the effective date of this
Ordinance shall be deemed a legal non - conforming use, and provided it does not
increase the intensity of its use or expand its use it shall be allowed to continue
operation for a period of ten years, unless the owner of the facility can prove to the
satisfaction of the city that a longer period of time is required to fully amortize the
investment in the existing structure. The following characteristics are among those
that create an increase of intensity of use and /or an expansion of use:
1. Expand or enlarge the equipment floor area or size,
2. Increase the size, number or height of any of the antennas or related facilities,
3. Make a change to the radio frequency field,
4. Increase the power rating of any of the equipment,
5. Increase the amount of electromagnetic radiation emissions, or
6. Require a modification to the facility's existing FCC license.
Any increase in intensity of use or expansion in size or use of a facility shall
require a permit pursuant to Section 35.14 (Permits).
T. Interference. All personal wireless service facilities shall be operated in a manner,
which complies with the Federal Communication Commission's regulations
regarding signal interference.
U. Advertising. No advertising shall be placed on personal wireless service facilities.
V. Minor Modifications. Minor modifications to personal wireless service facility
equipment design, location, height, and other elements may be allowed, subject to
the approval of the Planning Manager, if such modifications are in keeping with the
architectural statement and layout design of the original approval, and meet the
requirements of this section.
35.18. Structural, Design and Environmental Standards
A. Structural Requirements. A building permit shall be required for the construction,
installation, repair or alteration of any support structure for communication
equipment.
B. Basic Tower and Building Design. All telecommunication facilities, except exempt
facilities as defined in Section 35.13 shall be designed to blend into the surrounding
environment to the greatest extent feasible. To this end, all of the following
measures shall be implemented:
1. Telecommunication towers shall be constructed out of metal or other
nonflammable material and shall be painted a color approved by the decision
making body, unless the color or materials are specifically conditioned by the
City to be otherwise,
35 -22
2. All ground- m%__,ited telecommunication towers _.,all be self- supporting
monopoles except where satisfactory evidence is submitted to the appropriate
decision - making body that a guyed /lattice tower is required,
3. Satellite dishes other than microwave dishes shall be of mesh construction,
except where technical evidence acceptable to the appropriate decision - making
body is submitted showing that this is infeasible,
4. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and
equipment enclosures) shall be constructed out of nonreflective materials
(visible exterior surfaces only) and shall be placed in underground vaults to the
extent possible,
5. Telecommunication support facilities shall be no taller than one story (fifteen
feet) in height, shall be designed to blend with existing architecture in the area or
shall be screened from sight by mature landscaping, and shall be located or
designed to minimize their visibility,
6. All buildings, poles, towers, antenna supports, antennas, and other components
of each telecommunications facility shall be initially painted and thereafter
repainted as necessary with a "flat" paint. The color shall be selected by the
appropriate decision - making body,
7. Wireless communication facilities proposed for visually prominent ridgeline,
hillside or hilltop locations shall be discouraged and, if deemed necessary, be
sited and designed to be as visually unobtrusive as possible. Said Wireless
Telecommunication Facilities should be sited so the top of the proposed
tower /facility is below any ridgeline when viewed from public roads in the vicinity.
If the tower must extend above a ridgeline, the applicant must camouflage the
tower by utilizing stealth techniques and hiding it among surrounding vegetation,
and
8. The City shall have the authority to require special stealth design techniques for
telecommunication facilities where findings of particular sensitivity are made
(e.g. proximity to historic or aesthetically significant structures, residential uses,
views and /or community features).
C. Location. All telecommunication facilities shall be located so as to minimize their
visibility and the number of distinct facilities present. To this end all of the following
measures shall be implemented for all telecommunications facilities, unless
exempted from these measures pursuant to Section 35.13:
Proposed telecommunication towers shall be set back at a minimum of the tower
overall height from all property lines and or a distance consistent with the
required yard setbacks of the particular zone district, whichever is most
restrictive. Guy wire anchors shall be set back at least twenty feet (20') from any
property line. This section shall not apply to building - mounted antennas attached
to existing facilities, but it shall apply to any related facilities associated with such
antennas. This requirement may not apply to antennas proposed to be co
located on existing towers or utility poles (e.g., microcell sites), nor to
35 -23
underground t,,uipment shelters, if it would prohibit -..e of the proposed facility
site.
2. Location Preference. Location preference for wireless telecommunication
facilities shall be given to:
a. Industrial or commercial sites,
b. Facilities attached or sited adjacent to existing structures. Appropriate types
of existing structures may include, but are not limited to: buildings, telephone
and utility poles, signage and sign standards, light standards, and roadway
overpasses, and
c. Sites that are not highly visible from adjacent roadways.
3. Preferred Antenna Siting and Mounting Techniques. The following antenna and
equipment siting and mounting techniques are preferred:
a. Facade mounted antennas,
b. Roof mounted antennas that are not visible to the public, and
c. Monopole antennas that utilize stealth or camouflaging techniques.
D. Height. The height of a telecommunication tower shall be measured from the natural
undisturbed ground surface below the center of the base of said tower to the top of
the tower itself or, if higher, to the tip of the highest antenna or piece of equipment
attached thereto. In the case of building- mounted towers, the height of the tower
includes the height of the portion of the building on which it is mounted. In the case
of "crankup" or other similar towers whose height can be adjusted, the height of the
tower shall be the maximum height to which it is capable of being raised.
Towers proposed in the commercial, industrial, public facilities and residential zone
districts shall meet the height limitation for the underlying zone district. Increases to
the height limitation may be approved administratively with the Architectural and Site
Review application if the height increase does not exceed 20 percent of the
allowable height in the commercial zone districts and 30 percent of the allowable
height in the industrial zone districts. Any applications for towers of a height more
than the allowed height for structures in the zoning district must include a written
justification proving the need for a tower of that height and the absence of viable
alternatives that would have less visual impact. Tower height increases beyond the
percentages stated in this subsection shall require a variance approval pursuant to
Zoning Ordinance Section 50.21.
E. Lighting. Any exterior lighting, except as required for FAA regulations for airport
safety, shall be manually operated and used only during night maintenance checks
or in emergencies. The lighting shall be constructed or located so that only the
intended area is illuminated and off -site glare is fully controlled.
35 -24
F. Roads and Par..-j. Except exempt facilities as de..---d in Section 35.13, all
telecommunication facilities shall be served by the minimum roads and parking
areas necessary and shall use existing roads and parking areas whenever possible.
G. Vegetation Protection and Facility Screening.
Except exempt facilities as defined in Section 35.13, all telecommunications
facilities shall be installed in such a manner so as to maintain and enhance
existing native vegetation and shall include suitable mature landscaping to
screen the facility, where necessary. For purposes of this section, "mature
landscaping" shall mean trees, shrubs or other vegetation of a size that will
provide the appropriate level of visual screening immediately upon installation.
2. No actions shall be taken subsequent to project completion with respect to the
vegetation present that would increase the visibility of the facility itself or the
access road and power /telecommunication lines serving it. The
owner(s) /operator(s) of the facility shall be responsible for maintenance and
replacement of all required landscaping.
H. Fire Prevention. All telecommunication facilities shall be designed and operated in
such a manner so as to minimize the risk of igniting a fire or intensifying one that
otherwise occurs. To this end all of the following measures shall be implemented for
all telecommunication facilities, when determined necessary by the Fire Chief,
unless exempted from these measures by Section 35.13:
1. At least one -hour fire resistant interior surfaces shall be used in the construction
of all buildings,
2. Monitored automatic fire extinguishing systems approved by the Fire Chief shall
be installed in all equipment buildings and enclosures,
3. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief,
4. Type and location of vegetation, screening materials and other materials within
ten feet (10') of the facility and all new structures, including telecommunication
towers, shall have review for fire safety purposes by the Fire Chief requirements
established by the Fire Chief shall be followed, and
5. All tree trimmings and trash generated by construction of the facility shall be
removed from the property and properly disposed of prior to building permit .
finalization or commencement of operation, whichever comes first.
I. Environmental Resource Protection. All telecommunication facilities shall be located
so as to minimize the effect on environmental resources. To that end, all facilities
deemed to be a project shall be subject to review for environmental considerations.
35 -25
J. Noise and Traffic. ...i telecommunication facilities shall L- instructed and operated
in such a manner as to minimize the amount of disruption caused to nearby
properties. To that end, all the following measures shall be implemented for all
telecommunication facilities, unless exempted from these measures by Section
35.13.
1. Outdoor noise producing construction activities shall only take place between the
hours of 8:00 a.m. and 6:00 p.m. unless allowed at other times by the Planning
Manager or the Planning Commission, and
2. Backup generators shall only be operated during power outages and for testing
and maintenance purposes. If the facility is located within one hundred feet
(100') of a residential dwelling unit, noise attenuation measures shall be included
to reduce noise levels at the facility to a maximum exterior noise level of 60 Ldn
at the property line and a maximum interior noise level of 45 Ldn. Testing and
maintenance shall only take place on weekdays between the hours of 8:00 a.m.
and 6:00 p.m.
K. Visual compatibility. Facility structures and equipment shall be located, designed
and screened to blend with the existing natural or built surroundings, as well as any
existing supporting structures, so as to reduce visual impacts to the extent feasible.
Facilities that are proposed in residential zone districts or in PUDs with residential
uses shall be designed to be compatible in scale, mass and height with the
character of surrounding uses through camouflage or stealth techniques that will
minimize their visual impacts.
35.19 NIER Exposure
A. Public Health. No telecommunication facility shall be located or operated in such a
manner that it poses, either by itself or in combination with other such facilities, a
potential threat to public health. To that end, no telecommunication facility or
combination of facilities shall produce at any time power densities that exceed the
FCC - adopted standard for human exposure, as amended, or any more restrictive
standard subsequently adopted or promulgated by the City, County, the State of
California, or the federal government.
B. Initial Compliance with NIER Levels. Initial compliance with this requirement shall be
demonstrated for any facility through submission, at the time of application for the
necessary permit or entitlement, of NIER (Nonionizing Electromagnetic Radiation
calculations) specifying NIER levels where the levels produced are projected to be
highest. If these calculated NIER levels exceed 80% of the NIER standard
established by this section, the applicant shall hire a qualified electrical engineer
licensed by the State of California to measure NIER levels at said location after the
facility is in operation. A report of these measurements and the findings with respect
to compliance with the established NIER standard shall be submitted to the
Planning Manager. NIER monitoring shall to be conducted utilizing the Monitoring
Protocol described in Section 35.11. Said facility shall not commence normal
operations until it complies with this standard. Proof of said compliance shall be a
certification provided by the engineer who prepared the original report. In order to
assure the objectivity of the analysis, the City may require, at the applicant's
35 -26
expense, indepe, _ _snt verification of the results of th6 __. talysis. Because of their
intermittent nature, facilities solely for personal use, such as citizens band radio
antenna or antenna operated by a federally licensed amateur radio operator as part
of the Amateur Radio Service, or for the incidental use of a co- located commercial
activity, shall be required to comply with applicable FCC rules for NIER emissions,
but they shall be routinely exempt from the submission requirements in this section.
C. Ongoing Compliance with NIER Levels. Within 90 days of operation, every
telecommunication facility and all broadcast radio and television facilities shall
demonstrate continued compliance with the NIER standard established by this
section. Every two (2) years a report listing each transmitter and antenna present at
the facility and the effective radiated power radiated shall be submitted to the
Planning Manager. If either the equipment or effective radiated power has changed,
calculations specifying NIER levels where said levels are projected to be highest
shall be prepared. NIER calculations shall also be prepared every time the adopted
NIER standard changes. If calculated levels in either of these cases exceed 80% of
the standard established by this section, the operator of the facility shall hire a
qualified electrical engineer licensed by the State of California to measure the actual
NIER levels produced. A report of these calculations, required measurements, if
any, and the author's /engineer's findings with respect to compliance with the current
NIER standard shall be submitted to the Planning Manager within ninety (90) days
of facility approval and every two (2) years thereafter. In the case of a change in the
standard, the required report shall be submitted within ninety (90) days of the date
said change becomes effective.
D. Failed Compliance. Failure to supply the required reports or to remain in continued
compliance with the NIER standard established by this section shall be grounds for
revocation of the major and minor development permit or other entitlement.
35.20 Required Findings for Wireless Telecommunication Facilities
In order to grant any Permit for a Wireless Telecommunication Facility, the approving
body shall make the required permit findings of Section 50.32 (Conditional Use Permit —
Application) as well as the following findings:
A. That either: (1) the development of the proposed wireless telecommunications
facility as conditioned will not significantly affect any visual resources,
environmentally sensitive habitat and /or other significant City of Gilroy resources,
including agricultural, open space, and community character resources; or (2) there
are no other environmentally equivalent and /or superior and technically feasible
alternatives to the proposed wireless telecommunications facility as conditioned
(including alternative locations and /or designs) with less visual and /or other
resource impacts and the proposed facility has been modified by condition and /or
project design to minimize and mitigate its visual and other resource impacts.
B. That the site is adequate for the development of the proposed wireless
telecommunications facility and, for sites located in residential zoning districts or
PUDs with residential uses, that the applicant has demonstrated that there are not
environmentally equivalent or superior and technically feasible: (1) alternative sites
35 -27
outside resident... zone districts or PUD's with re- ...ential uses; and /or (2)
alternative designs for the proposed facility as proposed and conditioned.
C. That the subject property upon which the wireless telecommunications facility is to
be built is in compliance with all rules and regulations of the City of Gilroy, including,
but not limited to, zoning uses, subdivisions and any other applicable provisions of
this Ordinance, and that all zoning violations have been abated and abatement
costs, if any, have been paid.
D. That the proposed wireless communication facility as conditioned is in compliance
with all FCC, FAA and California PUC standards and requirements.
Any decision to deny a permit for a wireless communication facility shall be in writing
and shall specifically identify the reasons for the decision.
35.21 Implementation and monitoring costs.
The wireless telecommunications service provider or its successors shall be
responsible for the payment of all reasonable costs associated with the monitoring of
the conditions of approval contained in this authorization, including costs incurred by
the City, the office of the city attorney or any other appropriate city department or
agency. The Planning Division shall collect such costs on behalf of the city.
35.22 Operation and maintenance standards.
A. All Wireless Telecommunication Facilities shall comply at all times with the following
operation and maintenance standards:
1. All facilities and related equipment, including lighting, fences, shields, cabinets,
and poles, shall be maintained in good repair, free from trash, debris, litter and
graffiti and other forms of vandalism, and any damage from any cause shall be
repaired as soon as reasonably possible so as to minimize occurrences of
dangerous conditions or visual blight. Graffiti shall be removed from any facility
or equipment as soon as practicable pursuant to City of Gilroy Municipal Code
Section 12.5.1.
2. Each facility which contains trees, foliage or other landscaping elements,
whether or not used as screening, shall be maintained in good condition at all
times, and the owner or operator of the facility shall be responsible for replacing
any damaged, dead or decayed landscaping promptly.
3. Each facility for which a landscape plan was required and approved shall
maintain the facility and site in accordance with the approved landscape plan at
all times. Amendments or modifications to the plan shall be submitted for
approval to the Planning Manager.
4. Each facility shall be operated in such a manner so as to minimize any possible
disruption caused by noise. Backup generators shall only be operated during
periods of power outages, and shall not be tested on weekends or holidays, or
between the hours of 6:00 p.m. and 8:00 a.m. At no time shall equipment noise
35 -28
from any source exceed an exterior noise level of sixty (60) dB at the property
line.
5. Each owner or operator of a facility shall routinely and regularly inspect each
site to ensure compliance with the standards set forth in this section.
6. Each owner or operator of a wireless telecommunications facility shall provide
signage identifying the name and phone number of a party to contact in event
of an emergency. The design, materials, colors, and location of signs shall be
subject to design review. The signage shall be attached to the base of any
utility pole or light standard to which microcells are affixed.
35.23 Telecommunication Act Exception Procedures
If the application of the requirements or limitations set forth in this Ordinance would
have the effect of violating the Federal Telecommunications Act as amended, the
approving body shall grant a Telecommunications Act Exception to allow an
exception to the offending requirement or application. The applicant shall have the
burden of proving that application of the requirement or limitation would violate the
Federal Telecommunications Act, and that no alternatives exist, which would render
the approval of a Telecommunications Act Exception unnecessary.
35.24 Appeal Procedures
Appeals to the denial or conditional approval of a wireless telecommunication
application shall be filed in accordance with City of Gilroy Zoning Ordinance Section
51.50.
35.25 Transfer of operation
Any carrier /service provider authorized by the Planning Manager or by the Planning
Commission to operate a specific wireless telecommunications facility may assign
the operation of the facility to another carrier licensed by the FCC for that radio
frequency provided that such transfer is made known to the director in advance of
such operation and all conditions of approval for the subject installation are carried
out by the new carrier /service provider. However, the carrier /service provider may,
without advance notification, transfer operations of the facility to its general partner
or any party controlling, controlled by or under common control with the
carrier /service provider licensed by the FCC for that radio frequency.
35.26 Revocation of Permit
Failure to Comply With Any Condition Basis for Revocation. The wireless
telecommunications service provider or its successors shall comply fully with all
conditions specified in this authorization. Failure to comply with any condition shall
constitute grounds for revocation of the permit. The Planning Manager shall notify
the service provider that a violation exists and request compliance and a schedule
for said compliance. Upon failure to comply, or if the schedule for compliance will
not bring the use into compliance in a reasonable amount of time, the Planning
Manager may schedule a public hearing before the Planning Commission to receive
testimony and
35 -29
other evidence relating to the violation of a condition of the authorization of the use
of the facility, and finding that violation, the Commission may modify or revoke the
permit. Such revocation by the Planning Commission may be appealed to the City
Council. All hearings shall be noticed and conducted in accordance with the
proceedings set forth in Section 51.60.
35.27 Indemnity And Liability
A. The personal wireless service provider shall defend with counsel of City's choice,
indemnify and hold harmless the City or any of its boards, commissions, agents,
officers, and employees from any liability, claim, action, regulation, order or
proceeding against the City, its boards, commissions, agents, officers, or
employees to attack, modify, set aside, void, or annul, the approval of the project,
unless such liability, claim, action, regulation, order or proceeding results from
the City's negligence or willful misconduct. The City shall promptly notify the
personal wireless service providers of any such claim, action regulation, order or
proceeding. Nothing contained in this subsection shall prohibit the City from
participating in a defense of any claim, action, or proceeding of the City.
B. Personal wireless service providers shall be strictly liable, and shall defend with
counsel of City's choice, indemnify and hold harmless the City, for any and all
liability, claim, action, regulation, order or proceeding alleging pollution or
contamination arising from their personal wireless service facilities within the
City. This liability shall include cleanup, injury or damage to persons or property.
Additionally, personal wireless service providers shall be responsible for any
sanctions, fines, or other monetary costs or injunctive relief imposed upon the
personal wireless service provider or the City as a result of the release of
pollutants from their operations.
C. Personal wireless service providers shall be strictly liable, and shall defend with
counsel of City's choice, indemnify and hold harmless the City, for any and all
liability, claim, action, regulation, order or proceeding alleging electromagnetic
waves or radio frequency emissions within the City in excess of the Federal
Communication Commission's standards. This liability shall include cleanup,
injury or damage to persons or property. Additionally, personal wireless service
providers shall be responsible for any sanctions, fines, or other monetary costs or
injunctive relief imposed upon the personal wireless service provider or the City
as a result of the release of pollutants from their operations.
35 -30
ZONING SECTION b..
SWIMMING POOLS AND OTHER BODIES OF WATER
Section 36.10 Statement of Intent
The intent of this Section is to regulate the location of swimming pools, spas, hot
tubs, ponds, and other bodies of water deeper than eighteen inches to safeguard
life, health, property and the public welfare.
Section 36.20 Swimming Pool, Hot Tub, and Spa Locations
With the exception of fountains and other landscaping features, no swimming pool,
spa, hot tub, pond, or body of water deeper than eighteen (18) inches shall be
located in any required front yard setback area, or in any required side yard setback
area on the street side of a corner lot, as required by the provisions of this
Ordinance. In addition, the distance from the inner surface of a pool, spa, hot tub,
pond, or body of water to any property line shall be not less than five (5) feet.
Section 36.30 Swimming Pool Fencing
Fencing shall be provided to enclose all swimming pool areas as required by the
"Swimming Pool Safety Act" (California Health and Safety Code sections 115920-
115928).
Section 36.40 Swimming Pool Mechanical Equipment
Swimming pool mechanical equipment, mounting pads, and /or enclosures shall not
be located within three (3) feet of any side or rear property line, or within the front
yard setback. Mechanical equipment shall comply with the noise restrictions
contained within section 41.31 of this ordinance.
36 -1
ZONING SECTION �.
SIGN REGULATIONS
Section 37.10 Statement of Intent
It is the intent of this Section of the Ordinance to:
(a) Provide minimum standards to safeguard life, health, property and the public
welfare by regulating and controlling the location, placement, size, numbers,
surface area, illumination, materials, and maintenance of signs and sign
structures.
(b) Preserve the natural beauty of the city and to maintain the orderliness of the
community's appearance.
(c) Ensure that signs will be designed as a part of the architectural and
landscape design of all properties so as to enhance the beauty of the City
and implement the beautification goals and policies of the Gilroy General
Plan.
Section 37.20 Sign Permits
Section 37.21 Issuance
Permits shall be required for all signs in Gilroy, except those specifically
exempted by Section 37.24. No sign, outdoor advertising structure, billboard
or display shall be erected, installed, located or maintained in any zoning
district of the City of Gilroy, except in conformity with these regulations and
the approved sign permit. Additional signs and relocations or alterations of
existing signs after the sign permit has been issued must conform to and be
approved in the same manner as the original application. A building permit
may also be required. Signs which are not constructed in conformance with
the sign permit application, drawings and diagrams, shall be deemed not to
have been issued a valid sign permit. Signs shall be subject to design review
according to the provisions of Section 50.40, but shall not be charged for
design review.
Section 37.22 Application and Fees
All applications for sign permits shall be accompanied by sketches and
diagrams of suitable scale and clarity to fully describe the design,
dimensions, proposed placement, structural and electrical characteristics and
appearance of the sign or signs. In proposing signs, applicants shall give
explicit attention to designing and locating signs so as to ensure harmony
with the existing or proposed architecture and landscape design of the
property upon which the sign is to be situated. Fees for sign permits shall be
established from time to time by resolution of the City Council.
Section 37.23 Expiration
If the work as authorized under the properly approved sign permit has not
37 -1
been completb- within six (6) months after the date its issuance, such
permit shall become null and void. If after six (6) months from the date of the
issuance of a sign permit, any portion of the sign has been erected and the
construction work thereon is not completed, the Planning Director may cause
the removal of such partially completed sign.
Section 37.24 Exemptions
No sign permit will be required for the signs listed below. Signs above and
beyond those exempted below shall meet the provisions of the remainder of
this Section. In no case shall a sign be deemed to be exempt if it is listed as
a prohibited sign in Section 37.31.
(a) One name plate, less than three (3) square feet in area located
adjacent to one entryway, for each business or occupant in any zone;
including under canopy signs over private property. Signage for home
occupations shall be regulated by section 40 of this ordinance.
(b) Memorial signs or tablets, names of buildings and date of erection
when cut into a masonry surface or when constructed of bronze or
other noncombustible material which do not exceed four (4) square
feet in area.
(c) Traffic or other municipal signs, legal notices, railroad crossings signs,
danger and temporary or emergency non - advertising signs.
(d) Temporary signs of a directional nature when used for a period of less
than twenty -four (24) hours.
(e) Temporary signs and banners of a civic, charitable, educational or
municipal nature including public events and parades for a time period
not to exceed thirty (30) days, provided the location, size and design is
approved by the City Engineer and Chief Building Official. Such signs
shall not contain advertising.
(f) Temporary banners located over private property to advertise business
openings, sales and special promotions which are maintained for a
consecutive period of less than thirty (30) calendar days. No more
than three (3) such signs shall be allowed for each business. Their
size shall not exceed thirty (30) square feet each or ninety (90) square
feet total. Such signs shall not be replaced within ninety (90)
calendar days after removal.
(g) Temporary signs on windows of commercial buildings provided no
more than twenty -five percent (25 %) of the window surface is covered,
for a time period not to exceed fifteen (15) days.
(h) Service club signs, provided only one of each composite structure be
located at each main entrance to the city, and provided the design size
and height be approved by the Planning Commission.
(i) Signs identifying the existence or location of public utility facilities.
Q) One identification sign or bulletin board for public, charitable or
religious institutions. Such signs may not exceed thirty -two (32)
square feet in area, or six (6) feet in height (if freestanding), and must
be set back at least ten (10) feet from any property line.
(k) One (1) on -site construction sign not to exceed six (6) feet in height
erected by a building contractor, subcontractor, architect or engineer
37 -2
while a,-,ally engaged in development of a a._.:. In commercial or
industrial zones, up to thirty -two (32) square feet in area is allowed; in
a residential zoning district, up to sixteen (16) square feet is allowed.
Such signs shall be removed immediately after the completion of the
construction advertised by the sign.
(1) One (1) on -site real estate sign pertaining to the sale, lease, rental or
display of a structure or of land which shall not exceed four (4) square
feet in area..
(m) Political signs or placards which are erected less than ninety (90) days
before and removed less than ten (10) days after the election for which
they are posted. Political signs shall not be placed on any portion of a
street, sidewalk, or public right -of -way.
(n) On -site directional signs, including no trespassing and no dumping
signs, up to four (4) square feet in area and not exceeding four (4) feet
in height. Four (4) such signs are permitted for developments under
one acre, eight (8) for developments over one (1) acre, and twelve (12)
for developments over fifteen (15) acres.
(o) Up to four (4) on -site temporary garage, yard or patio sale signs not to
exceed a total of sixteen (16) square feet.
(p) Holiday decorations displayed for no more than forty -five (45) days for
each holiday.
(q) Signing not to exceed sixteen (16) square feet directly affixed to a
mobile vendor or temporary business establishment located in any
commercial district.
(r) Projecting, or under canopy signs which do not exceed four (4) square
feet in sign area are exempt where such signage does not project
more than three (3) feet into a public right -of -way, has at least seven
(7) feet of clearance above any public sidewalk (or at least fifteen [15]
feet of clearance above any public alley), and is built of materials
compatible with the building as determined by the Director of Planning.
Section 37.30 Regulations in All Districts
Section 37.31 Prohibited Signs
Except as otherwise provided in this Ordinance, the following signs shall be
prohibited throughout the City of Gilroy:
(a) Signs on or above the roof or projecting above the roof eave (other
than a gable or mansard type roof) or canopy of a structure.
(b) Signs projecting more than thirty -six (36) inches above the lowest edge
of the eave of a gable or mansard type roof. A sign may be permitted
on a vertical surface specifically designed to accommodate a sign,
which is lower than the crest of the roof, if such sign area is approved
by the Planning Director.
(c) Flags, pennants, balloons, streamers, and objects designed to move
with the wind, except for flags of the United States of America and the
State of California on a flagpole for which a building permit has been
issued.
(d) Lighted signs that flash on and off (except time and weather signs that
37 -3
change. -.,s than six (6) times per minute) ar,__ signs that utilize
scrolling or moving text or images.
(e) Any sign feature which moves or is designed to move, except for signs
which rotate at less than six (6) revolutions per minute.
(f) Lighted signs whose surface brightness is a detriment to surrounding
property, prevents the peaceful enjoyment of life or presents a conflict
with safe traffic movement; or advertising displays which emit audible
sound, odor, or visible matter.
(g) Any sign which because of flashing lights, brilliant lighting, motion or
apparent motion, shape, design, color or reflected light is a detriment
to surrounding property or prevents the peaceful enjoyment of
residential uses or presents a conflict with the traffic regulations or
traffic safety.
(h) Any sign which has a design or lighting such that it might be mistaken
for a traffic light or signal.
(i) Signs located in such a manner as to obstruct free and clear vision or
the view of any authorized traffic sign, signal or device.
(j) Any sign which because of its location would prevent free and safe
ingress to or egress from any door, window, fire escape, driveway,
sidewalk, parking space or bike path, or would obstruct an outward
view from any living area.
(k) Any signs attached to a standpipe or fire escape.
(1) Signs projecting into a public street, alley or identifiable pedestrian way
more than twelve (12) inches excluding signs allowed on awnings.
(m) Signs projecting into a public right -of -way having less than eight (8)
feet clearance between the lowest edge of the sign and the sidewalk
grade.
(n) Signs projecting into a public street area that have less than fifteen
(15) feet clearance between the lowest edge of the sign and the
adjacent driveway or street grade.
(o) New signs painted or existing signs repainted directly on any building
or structure unless conforming to the requirements of this Ordinance.
(p) Any off -site advertising sign, including billboards, in any district.
(q) Placards, posters, announcements and similar signs attached to any
fence, pole, tree or any other object along the right -of -way of a public
thoroughfare, except those of an official nature authorized by a City
Ordinance.
(r) Portable signs, except as permitted by section 37.90;
(s) Signs over three (3) square feet in area temporarily affixed to a
vehicle.
(t) Any sign which conflicts with any rule, regulation or order of the
California Public Utility Commission pertaining to the construction,
operation and maintenance of public utility facilities.
(u) Signs advertising incidental or minor products combined with a
business identification sign.
(v) Signs placed upon, attached to or constructed on any awning; except
for signs which occupy no more than twenty percent (20 %) of the
surface area of the awning, and which are printed, painted, marked,
stamped or otherwise impressed upon the surface of an awning so
that it is an integral part of the fabric, and which are on a surface of the
37 -4
awning ...iich is vertical or within ten (10) dey..;es of vertical, and is
parallel to the front of the building.
(w) Signs higher than three (3) feet above the sidewalk elevation or having
a solid face less than seven (7) feet above the sidewalk elevation on a
corner lot within a triangle formed by the projected property lines and a
line connecting those lines from points thereon which lie twenty (20)
feet from the intersection of the projected property lines.
(x) Signs higher than three (3) feet above the sidewalk elevation or having
a solid face less than seven (7) feet above the sidewalk elevation
within five (5) feet of the intersection of any access drive and public
sidewalk.
(y) Abandoned signs or signs which no longer identify a bonafide
business entity.
(z) Signs, graphics, window displays or materials offered for sale from
news racks displayed in a manner which exposes photographs or
illustrations of specified sexual activities or specified anatomical areas
to public view.
(aa) Signs with exposed bracing, guy wires or cables.
(bb) Crudely painted, chalked, or other improvised lettering on any sign.
(cc) Signs placed on any portion of a street, sidewalk, or public right -of-
way, excluding signs on newspaper vending machines, which may not
exceed three (3) square feet in sign area, and signs permitted by
section 37.90.
(dd) Signs located on an exterior raceway. An exception may be granted
by the Planning Manager due to unavoidable, extenuating
circumstances.
(ee) Signs within 660 feet of Santa Teresa Boulevard except on -site signs
for business identification.
(ff) Business identification signs located on fences.
Section 37.32 Signs on Public Property and in the PF Zoning District
The Planning Director shall review and act upon proposals for signs not listed
as exempt that will be located on City property and property zoned PF
(Park/Public Facility), taking into consideration the nature and use of the
property, the necessity of the sign, and whether the signs would detract from
or be in harmony with the public purposes of the City property and with
existing or contemplated surrounding development. Such sign should
generally not exceed in size those allowed within the most restrictive adjacent
zoning district.
Section 37.40 Signs in Residential and Agricultural Districts
Section 37.41 Signs in Residential Districts
All signs within residential districts shall be complimentary to the building
design, as determined by and subject to the approval of the Zoning
Administrator. Only signs that are exempted in Section 37.24 or that meet
the following standards will be permitted in any residential zoning district:
37 -5
(a) One (1) ..aestanding house number- apartme,,. ouilding identification
sign or one (1) wall sign, located flat against a wall and not projecting
above the cornice or roof line of a structure located on the premises,
shall be permitted for each multi - family complex or mobile home park
containing between five (5) and thirty (30) units. Such signing, if
freestanding, shall not exceed twelve (12) square feet in area; shall not
be illuminated, except by indirect lighting; shall not rotate; shall not
exceed four (4) feet in height; and shall be set back at least ten (10)
feet from the front property line. Such signing, if located flat against a
wall, shall not exceed twelve (12) square feet in area, and shall not be
illuminated, except by indirect lighting.
(b) One (1) freestanding house number - apartment building identification
sign or one (1) wall sign, located flat against a wall and not projecting
above the cornice or roof line of a structure located on the premises,
shall be permitted for each street frontage of each multi - family
complex or mobile home park containing more than thirty (30) units.
Such signing, if freestanding, shall not exceed twenty-four (24) square
feet in area, shall not be illuminated, except by indirect lighting; shall
not rotate; shall not exceed six (6) feet in height; and shall be set back
at least ten (10) feet from the front property line. Such signing, if
located flat against a wall, shall not exceed twenty -four (24) square
feet in area, and shall not be illuminated, except by indirect lighting.
(c) Signs, advertising a new residential development having five (5) or
more units for sale or lease, may locate one (1) freestanding or wall
on -site sign, up to thirty -two (32) square feet in area plus locate up to
three (3) off -site directional signs, located on private property within
Gilroy, up to thirty-two (32) square feet each. Such signs shall be non -
illuminated, with a maximum height of eight (8) feet. Such signs shall
be removed immediately after completion of sales or lease or after one
(1) year, whichever occurs first, unless granted an extension by the
Planning Director.
(d) Bed and breakfast establishments shall be allowed one (1) sign, as
described in Section 37.24 (a). Such signs shall match the
architectural features of the structure. The words "hotel' or "motel"
shall not be allowed.
(e) Religious institutions and commercial uses allowed in residential
districts according to Section 11.13 shall be allowed non - illuminated
signs not to exceed thirty-two (32) square feet of sign area.
Section 37.42 Signs in the Al (Agriculture), OS (Open Space) and RR (Rural
Residential) Districts
Only signs that are exempted in Section 37.24 or that meet the following
standards will be permitted in the Al, OS, or RR zoning districts.
(a) Signs may be permitted to advertise the sale of only those farm
products that are sold on the site, and such signs may not exceed a
total of thirty-two (32) square feet of sign area, which may include only
one (1) freestanding sign.
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(b) Other u -.:s allowed in the Al, OS, and RR d - .Iicts shall be allowed
non - illuminated signs not to exceed thirty -two (32) square feet of sign
area. Churches will be allowed an additional thirty -two (32) square
feet for "bulletin" board signage.
Section 37.50 Signs in Commercial and Industrial Districts
Only signs meeting the following standards will be permitted in commercial or
industrial districts, provided that all other applicable provisions of this Ordinance are
also complied with:
(a) Signs shall be located and erected only upon the premises occupied by the
person or business to be identified or advertised by such signs. The location
of all signs shall be in compliance with the building, electrical and fire
prevention codes of the City as amended.
(b) The maximum permissible total sign area for all signs including freestanding
signs (but excluding master shopping center and freeway signs), for all
commercial or industrial districts shall not exceed the maximum total sign
area for each business, according to the following table:
PO and CCA Districts
C1, TD and CD Districts
DHD and DIED Districts
C3, HC, CM and GD
M1, M2
COLUMN 1
Maximum total sign area
permitted (in square feet)
for each lineal foot of
building frontage
N/A
1 1/2
2
1 1/2
1
COLUMN 2
Maximum total sign area
permitted (in square feet)
regardless of building
frontage (except as
provided in subsection f)
35
75
75
150
350
The permitted sign area may be mounted on a freestanding sign and on any
side of a building, except no sign shall be mounted on the side of a building
abutting and facing a freeway. The lineal footage of a building frontage shall
be that distance of building facing a public street. The maximum sign area
for buildings which front on more than one street shall be calculated by using
the longest of any one such frontage. In a commercial or industrial complex
where there are three (3) or more tenants, the maximum sign for each tenant
may be calculated by using the greater of (1) the building elevation fronting a
street or (2) the building elevation fronting directly on the parking lot for the
commercial or industrial complex.
(c) The maximum number of freestanding signs shall be one (1) per business,
building, or parcel, whichever is most restrictive. An individual business shall
37 -7
not be permitte,. co have a freestanding sign where t...;re is a master
shopping center or group sign. The area of the freestanding sign shall be
included in the maximum area allowed. The maximum height for any
freestanding sign shall be seven (7) feet, except for freeway- oriented signs,
master shopping center signs, and specific subdivision and real estate signs
regulated under this Ordinance.
(d) The maximum thickness of wall signs shall be twelve (12) inches where the
building abuts the property line and eighteen (18) inches elsewhere.
(e) Credit card signs shall be included in the maximum sign area allowed. One
(1) additional sign per business will be allowed which shall contain all credit
card emblems. The total area of this sign shall not exceed four (4) square
feet.
(f) Each business, in any commercial or industrial zoning district other than the
PO Professional Office District, regardless of building frontage, shall be
allowed a minimum of twenty (20) square feet of total sign area. To allow for
such sign area for a new business on a parcel containing a pre- existing
business, the maximum total sign area may exceed the maximum limit in
subsection (b), column 2, , but shall not exceed the maximum limit in
subsection (b), column 1.
(g) Freestanding and wall- mounted drive -up window or menu board signs up to a
combined total of 80 square feet are permitted for businesses with a drive -up
or walk -up window, in addition to the signage otherwise allowed for that
business. No single drive -up window or menu board sign may exceed 40
square feet in area. Drive -up window and menu board signs must be
screened from the public right -of -way and may not include signage
advertising the business.
(h) Signs in all of the Downtown Specific Plan Districts, except for the Gateway
District, shall comply with the Downtown Specific Plan document, Chapter IV,
"Design Guidelines." These guidelines encourage signage of unique design,
colors and materials that complement the urban streetscape and architecture
and restrict raceways and internally illuminated cans.
Section 37.51 Freeway Oriented Signs
In certain instances, one (1) on -site freeway- oriented sign may be permitted
in addition to one (1) monument sign. The freeway- oriented sign shall not
exceed sixty (60) feet in height and shall not exceed one hundred (100)
square feet of sign area. The parcel on which the freeway sign is to be
located must meet all of the following criteria:
(a) The parcel exceeds twenty thousand (20,000) square feet in land area.
(b) The parcel is within six hundred sixty (660) feet of an off -ramp from
U.S. 101.
(c) The parcel is occupied by a use which is a permitted use in an HC
Highway Commercial District.
37 -8
Up to one hundred fifty (150) square feet of sign area for the freeway sign is
permitted where additional freestanding signage is limited to one (1)
monument sign not exceeding thirty-six (36) square feet in area.
Section 37.52 Master Shopping Center Signs
A master shopping center sign may be permitted in any commercial district,
except the PO Professional Office District, if the shopping center has at least
five (5) distinct commercial business occupants, and /or includes twenty
thousand (20,000) square feet of floor area. A master shopping center sign
may be either freestanding or wall- mounted and may be permitted in addition
to the maximum area of signing allowed under Section 37.50. Where a
master shopping center sign is used, freestanding signs for individual
businesses will not be allowed.
(a) The area of a Master Shopping Center sign shall be calculated at the
rate of one (1) square foot of sign area for each parking stall provided
for the shopping center up to a maximum of two hundred (200) square
feet. Only seventy -five percent (75 %) of the area calculated will be
permitted at any property line, with an increase of one percent (1 %) for
each foot the sign is set back from the property line, to a maximum of
one hundred percent (100 %).
(b) The maximum height for a Master Shopping Center sign shall be
fourteen (14) feet.
Section 37.53 Professional Office Group Signs
A professional office group sign may be permitted for an office complex which
has at least five (5) distinct office businesses. A professional office group
sign may be either freestanding or wall- mounted, and may be permitted in
addition to the maximum area of signing allowed under Section 37.50, but
shall not exceed twenty-four (24) square feet in area. A freestanding
professional office group sign may be permitted only when no other
freestanding sign exists on the site, and shall not exceed seven (7) feet in
height.
Section 37.54 Industrial Group Signs
A pair of entryway signs may be allowed at each of two (2) entrances to any
industrial park exceeding one hundred (100) acres of land in an industrial
district. Such signs shall not exceed six (6) feet in height or one hundred
(100) square feet of total sign area at each entryway.
Section 37.55 Service Station Signs
The following regulations shall apply to all service station signs regardless of
the zoning district in which the service station is located:
(a) The maximum allowable sign area shall comply with the restrictions set
ca&
forth in ..action 37.50 for the zone in which tht- ase is located.
(b) All freestanding signs shall meet the requirements set forth in Section
37.50 for the zone in which the use is located. In addition to the sign
area permitted by section 37.50, one (1) ground sign for price display
is permitted up to fifteen (15) square feet in area, and shall be
incorporated with the business identification signage.
(c) Signs advertising items such as batteries, tire and other accessories or
products shall be counted as part of the total sign area allowed.
(d) A maximum of two (2) square feet of signs and information mounted
directly to the top of gasoline pumps will be permitted in addition to the
total allowable sign area.
(e) Gasoline grade and pricing information which is mounted on, and is an
integral part of, a gasoline pump will be permitted in addition to the
allowable sign area.
Section 37.56 Commercial and Industrial Real Estate Signs
Real estate signs located in commercial or industrial districts shall be non -
illuminated, shall be set back at least ten (10) feet from the property line
adjacent to a public street, and shall be removed immediately upon sale or
lease of the land or building advertised by the sign, or after one (1) year,
whichever occurs first, unless granted an extension by the Planning Director.
Such signs shall meet the following criteria:
(a) On lots of less than one (1) acre, the maximum number of signs shall
be one (1), the maximum sign area shall be eight (8) square feet, and
the maximum height shall be six (6) feet.
(b) On lots or a tract of lots between one (1) and twenty (20) acres, the
maximum number of signs shall be one (1), the maximum sign area
shall be thirty -two (32) square feet, and the maximum height shall be
six (6) feet.
(c) On lots or a tract of lots totaling over twenty (20) acres, only one (1)
sign shall be permitted per street frontage with a maximum of two (2)
such signs allowed, the maximum sign area shall be seventy -five (75)
square feet per sign, and the maximum height shall be ten (10) feet.
Section 37.57 Automobile Dealerships (New Car Sales)
The following regulations shall apply to automobile dealerships that deal in
new car sales, regardless of the zoning district in which the business is
located:
(a) The allowable area for all wall- mounted signs shall be one (1) square
foot per each lineal foot of building frontage, to a maximum of one
hundred (100) square feet. Where a building faces two streets, the
secondary frontage shall be allowed an additional one -half (1/2)
square foot of sign area per each lineal foot of building frontage, to a
maximum of fifty (50) square feet. The lineal footage of a building
frontage shall be that distance of the building facing a public street.
Where there are multiple buildings or a building faces two streets, the
37 -10
longest ,gilding frontage shall be used.
(b) For the main dealership, the maximum number of freestanding signs
shall be one (1) per business, building, or parcel, whichever is most
restrictive. The maximum area allowed shall be based upon the
primary building frontage at one (1) square foot per lineal foot of
building frontage, to a maximum of one hundred (100) square feet.
The maximum height shall be thirty (30) feet.
(c) An additional freestanding sign may be permitted for each used car
business, each new franchise dealership, and each secondary
business associated with the main franchise to a maximum of four (4)
total, in addition to the main dealership sign, when all of the following
conditions can be met:
(1) The secondary businesses and /or franchises will have a
separate and distinct display lot and /or showroom and /or office
and /or display area.
(2) Each proposed sign shall:
a. Not exceed fifteen (15) feet in height for any franchise
dealership or used car business, or be monument style
with a maximum height of seven (7) feet for any
secondary business associated with the main franchise.
b. Not be located closer than one hundred (100) feet from
other freestanding signs on the same side of the street.
C. Be limited to a maximum area of fifty (50) square feet.
d. Be designed in a manner consistent with materials and
features used for the main dealership sign.
Section 37.58 Regional - Serving Commercial Development
This section is intended to provide adequate sign area for commercial
businesses that have a regional customer base, while simultaneously controlling
the amount of signage visible from Highway 101. Commercial developments
meeting all of the following requirements shall be considered regional - serving
commercial, and shall be allowed signage as described in this section.
1. The development must be located either on the east side of Highway 101 or
on the west side of Highway 101, south of Tenth Street.
2. Developments must be permitted uses in the C3 (Shopping Center
Commercial) zoning district.
3. Developments shall be located within 660 feet of Highway 101.
4. Developments shall provide a traffic study showing that a majority of their
current or projected customers come from areas outside of Gilroy.
5. Developments shall meet the following definition of a regional - serving
commercial development:
Definition
Regional - serving commercial developments are defined as commercial
businesses located on a parcel or parcels of land that were processed
through the Planning Division as one site, or as one collective entity. In
addition, regional- serving commercial businesses located adjacent to each
other will be considered one development when they can collectively be
37 -11
defined as ie commercial entity. One or more L,,.sinesses may be located
within a development. If a property is located within a Planned Unit
Development (PUD) overlay zone, the development shall encompass all of
the land involved in the PUD Architectural and Site Review approval, even if
a portion of the development is not included within the PUD overlay zone.
(a) Regional- Serving Commercial Freeway- Oriented Signage: Freeway- oriented
signage shall include all signage that is freestanding or wall mounted, and is
primarily oriented toward Highway 101.
(1) One freestanding, freeway - oriented sign will be allowed for each regional -
serving commercial development, with a maximum height of 60 feet. The
height of the sign may be increased 1 foot for every 44 feet it is set back
from the property line adjacent to Highway 101, or for every foot it is set
below the Highway 101 grade level. The maximum height of this signage
shall be 75 feet.
(2) Developments consisting of a single business shall be allowed up to 200
square feet of freeway- oriented sign area. Developments consisting of
multiple businesses shall be allowed up to 330 square feet of freeway -
oriented sign area.
(b) Building and Freestanding Signage: The following building and freestanding
signage shall be allowed:
(1) Excluding freeway- oriented signage allowed under (a) above, the
maximum building signage allowed for regional- serving commercial
businesses shall be equivalent to 1.5 square feet of sign area per lineal
foot of building frontage, up to a maximum of 300 square feet.
(2) Freestanding Master Shopping Center signage may be allowed in
conformance with Section 37.52, "Master Shopping Center Signs,"
except that Master shopping center signage for regional - serving
commercial businesses shall be placed within the site's front yard
setback, and shall be oriented toward the adjacent City street.
Section 37.60 Special Sign Permits
For commercial or industrial developments encompassing at least twenty
thousand (20,000) square feet of floor area, five (5) acres of land and at least
four (4) uses, the Planning Director may issue a special sign permit in order
to allow voluntary diversification in the design and location of signs while
insuring substantial compliance with the sign regulations contained in this
Ordinance if all of the following findings are made:
(a) All signs and sign structures are related through the use of similar materials,
letter style, color, illumination, method of structural support or attachment,
sign cabinet design, and /or shape so that a related signing pattern is
achieved throughout the development.
(b) The design of the signs is related to the architectural style of buildings within
37 -12
the develo,..oent and the character of the surroLAing area.
(c) Proportional relationships are achieved among the building surface area and
bulk of sign element areas.
(d) Signs located above the eave line are integral design features of the roof or
building.
(e) The design of freestanding signs incorporates some of the horizontal and
vertical elements of the buildings (i.e. materials, color, design details) located
within the signing area.
(f) The overall sign area is less than would be allowed for the overall project,
even though some signs might exceed the normally permitted areas.
(g) The overall sign program is aesthetically superior to that which could be
provided under the normal provisions of the sign ordinance.
Section 37.70 Maintenance
Every sign shall be erected as specified in the sign permit. Every sign and all parts
and materials together with the frame, background, supports or anchorage shall be
maintained in proper repair. The display surface of all signs shall be kept neatly
painted and /or posted. Failure to so maintain signs shall constitute a violation of this
Ordinance and removal may be ordered by the Planning Director.
Section 37.80 Amortization
(a) A variance is granted automatically to permit the continuation of the use of
any sign, having a valid City of Gilroy sign permit, which existed immediately
prior to the effective date of this Ordinance or any amendment to that
Ordinance and was not in violation of any other Ordinance or law. Such
variance shall become invalid if such sign is abandoned for a period of six (6)
months or modified such that fifty percent (50 %) of the value of the sign is
affected.
(b) A variance for no more than three (3) years from the effective date of
annexation to the City of Gilroy is granted automatically to permit the
continuation of the use of any sign, except temporary or portable signs,
located on any annexed parcel of land.
(c) A variance for no more than ninety (90) days from the effective date of
annexation to the City of Gilroy is granted automatically to permit the
continuation of the use of a temporary or portable sign located on any
annexed parcel of land.
Section 37.90 Portable Freestanding Signs
Except as provided under this section, portable freestanding signs are prohibited in
all zoning districts:
(a) Portable freestanding signs are permitted in all commercial districts under the
following conditions:
(1) Each tenant located within a commercial complex or building may have
a portable sign, providing that the business has a distinct individual
37 -13
store fru.,L and separate front entrance for cuQ.Omers;
(2) Portable signs shall not be placed any closer than one foot from the
street curb, and shall not be placed within a sidewalk intersection (as
defined under Municipal Code section 20.60). A portable sign shall not
be placed within any landscaped planter. In the core Downtown
districts (DHD and DED), a portable sign may be placed anywhere on
site, providing it does not block any alley right -of -way, driveway,
parking stall, or building exit;
(3) A portable sign may be placed on a public sidewalk, immediately in
front of a business store front, providing an open pedestrian path of at
least four feet in width is maintained to the front entry and along the
frontage of the business. Prior to placing of a portable sign on a public
sidewalk, the business owner shall procure insurance and submit to
the City a certificate of insurance in an amount and form acceptable to
the City's Risk Manager, and adding the CITY OF GILROY as an
additional insured to the owner's comprehensive general liability policy;
(4) The maximum height for a portable sign shall be 4 feet, with a
maximum width of 2 1/2 feet. Portable signs shall be constructed of
wood (or other stout material) and metal hardware, with all surfaces
painted. Portable signs shall have no electrical, mechanical, or fixed
attachments, including objects that move with the wind;
(5) A portable sign may advertise only the name of the business, type of
business, special promotions, hours of operation, and /or phone
number;
(6) A portable sign may be displayed only during hours that the business
is open to the public, and shall be taken in during all other times;
(7) Portable signs shall not be attached or secured to public property,
placed over any utility box, or within 36 inches of a fire hydrant.
(8) Portable signs shall not be placed in, or encroach into, any area
designated as a parking space.
37 -14
ZONING SECTION &.
LANDSCAPING
Section 38.10 Statement of Intent
It is the intent of this Section of the Ordinance to establish regulations governing the
provision and maintenance of landscaping in the City of Gilroy.
Section 38.20 Landscaping Required
Section 38.21 Residential Zones
Developers of residential projects located in the R1, R2, R3, R4,
Neighborhood District, and Downtown Speck Plan zones shall landscape all
yard areas that are not specifically used for driveways, walkways, patios or
similar purposes. At least thirty -five percent (35 %) of the required landscaped
area shall be designed to be usable as open recreational area.
Section 38.22 Commercial Zones
All commercial development shall provide a minimum twenty -one (21) foot
wide planter area, measured from the face of curb, along each street frontage
(public sidewalks may be permitted in this planter area). At least eight
percent (8 %) of the gross land area, in addition to the public right -of -way,
shall be landscaped, except in the Downtown Specific Plan districts where
front and side yard setbacks are not utilized. All portions of a site with over
forty (40) square feet of area not specifically used for parking, driveways,
walkways, or similar access shall be landscaped. Trees shall be planted on
average every twenty (20) feet on center or with a greater spacing as
appropriate to maintain proper tree health as determined by a licensed
landscape architect. Landscaped islands shall be located in parking lots at
the rate of at least fifty (50) square feet for every twelve (12) stalls, and shall
be evenly distributed throughout the parking area. Planter areas shall be at
least five (5) feet wide. Planter areas containing trees shall be a minimum of
eight (8) feet in width.
Section 38.23 Industrial Zones
All industrial developments shall landscape the front and side yard areas
adjacent to streets as required by this Ordinance, which are not specifically
used for parking, driveways, walkways, or similar paved access. Such paved
areas shall not exceed fifty percent (50 %) of the area of said setbacks. In no
case shall landscaping planters adjacent to a street be less than 18.5 feet
wide (measured from the face of curb). Additional landscaping shall be
required to fully screen exposed storage yards. Industrial development in the
38 -1
Cl (Campus In,,.stdal) zoning district shall provide a ..,inimum of 15 percent
of the gross land area in landscaping. In all industrial zones, planter areas
shall be at least five (5) feet wide.
Section 38.30 Landscaping Installation and Maintenance Requirements
All landscaping shall be installed and maintained according to the following minimum
standards:
(a) All landscaping shall be installed in accordance with the adopted
Consolidated Landscaping Policy, and a landscaping plan approved by the
Planning Manager.
(b) Only healthy, well - formed and vigorous plant materials shall be used.
(c) An irrigation system shall be provided which will adequately supply water to
all plant materials in all planter areas using water conservation methods if
possible.
(d) Soil amendments shall be used where poor soil conditions exist.
(e) All plant materials shall be maintained in a live and healthy condition, and free
of weeds. Except for owners of properties in the R1 zoning district, property
owners shall be required to remove weeds and maintain the landscaping in
accordance with the approved landscaping plan for the life of the
development.
Section 38.40 Design Features
Landscaping shall be designed to enhance the aesthetic quality of the development
by use of the following design features:
(a) Parking areas shall be screened from adjacent residential areas and streets,
except at driveways and street comers where visibility is needed.
(b) In certain locations, such as around trash enclosures, carports, pool
equipment and electronic transformers, the landscaping shall be designed to
provide a visual screen from these less pleasing features of the development.
(c) Trees shall be provided to shade large paved areas and to screen long
building frontages.
(d) Trees and shrubs shall be clustered together, for accent, to form aesthetically
pleasing groups and patterns.
(e) The density and placement of plants are to be determined by the plant size at
maturity. The size of ground cover and shrubs, when installed, shall give
enough coverage for a pleasing appearance in all landscaped areas.
(f) Trees shall have a minimum fifteen (15) gallon container size.
(g) Drought- resistant plant materials shall be selected when feasible.
(h) Gravel, redwood bark chips and similar material shall not be used as major
landscaping design features except in children's play areas. These materials
may only be used to cover bare soil between plant materials until the plants
fill in at maturity.
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(i) Sturdy raised c,... os shall separate all planter areas 'k, n driveways and
parking areas where feasible. Wheel stops need not be provided in parking
areas where the front two (2) feet of the planter area is planted with low
ground cover to accommodate the overhang.
Q) Deep root planters must be provided where trees are planted within three (3)
feet of the City pavement or sidewalk.
Section 38.50 Water Conservation in Landscaping
(a) Statement of Intent
The intent of this section is to reduce water waste in landscaping by
promoting the use of region- appropriate plants that require minimal
supplemental irrigation and by establishing standards for irrigation efficiency.
This section implements the California Water Conservation in Landscaping
Act.
(b) Applicability
1. The provisions of this section shall apply to the following:
a. New and rehabilitated landscaping for public agency projects, private
development projects, and multi - family residential projects where the
landscape area exceeds 2,500 square feet and a building permit is
required, except as exempted by section 38.50 (b) 2. This section
shall not apply to single - family homes, except as indicated below;
b. New and rehabilitated developer - installed landscaping in single- family
residential projects where the cumulative landscape area of all homes
in the project exceeds 2,500 square feet and a building permit is
required;
c. New and /or rehabilitated homeowner - installed and /or homeowner -
hired landscaping in single - family residential projects where the
landscape area exceeds 5,000 square feet and a building permit is
required;
d. Existing landscapes larger than one acre, including cemeteries, shall
be subject to the provisions of Section 38.50 (n), "Audit of Existing
Landscapes"; and,
e. New and rehabilitated cemeteries shall only be subject to the
provisions of Section 38.50 (i), "Water Budget Calculation," 38.50 (k),
"Landscape Installation Report," and 38.50 (1), "Landscape and
Irrigation Maintenance."
2. The provisions of this section shall not apply to:
a. Registered local, state or federal historical sites where landscaping
establishes an historical landscape style, as determined by the Historic
Heritage Committee;
38 -3
b. Ecologiu., restoration projects that do not req..,re a permanent
irrigation system;
c. Community gardens or plant collections, as part of botanical gardens
and arboretums open to the public;
d. Special Landscape Areas as defined in Section 38.50 (c), "Definitions,"
of this section; or
e. Any commercial cultivation of agricultural products, including, but not
limited to, products of farms, orchards, production nurseries and
forests.
3. Notwithstanding Section 38.50 (n), "Audit of Existing Landscapes ", those
development projects that were required by the city to install landscaping
prior to the adoption of this ordinance that do not meet the requirements of
this ordinance may, at the discretion of the applicant, apply for a permit
from the city to re- landscape the required landscape area in conformance
to the requirements of this ordinance. Approved landscaping and
irrigation plans that do not meet the requirements of this ordinance may, at
the discretion of the city, be replaced with landscaping requirements that
meet the requirements of this ordinance.
(c) Definitions
The definitions of terms in this section shall apply wherever these terms
appear within this section, unless it is apparent from the context that a
different meaning is intended.
Applied water: The portion of water supplied by the irrigation system to the
landscape.
Automatic irrigation controller: An automatic timing device used to remotely
control valves that operate an irrigation system. Automatic irrigation
controllers schedule irrigation events using either evapotranspiration
(weather- based) or soil moisture data.
Backflow prevention device: A safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the
irrigation system.
Certified irrigation designer: A person certified to design irrigation systems by
an accredited academic institution, a professional trade organization or other
program such as the US Environmental Protection Agency's WaterSense
irrigation designer certification program and Irrigation Association's Certified
Irrigation Designer program.
Certified landscape irrigation auditor: A person certified to perform landscape
irrigation audits by an accredited academic institution, a professional trade
38-4
organization o, [her program such as the US Envir ,-.,mental Protection
Agency's WaterSense irrigation auditor certification program and Irrigation
Association's Certified Landscape Irrigation Auditor program.
Certified professional: A certified irrigation designer, certified landscape
irrigation auditor, or any other person authorized by the state to complete a
water budget or irrigation audit.
Conversion factor: The number (0.62) that converts acre - inches per acre to
gallons per square foot.
Ecological restoration project: A project where the site is intentionally altered
to establish a defined, indigenous, historic ecosystem.
Effective precipitation (Eqpt): The portion of total precipitation which becomes
available for plant growth.
Estimated Total Water Use (ETWU): The total water used for the landscape
as described in Section VIII 'Water Budget Calculations."
Evapotranspiration adjustment factor (ETAR A factor of 0.7, that, when
applied to reference evapotranspiration, adjusts for plant factors and irrigation
efficiency, two major influences upon the amount of water that need to be
applied to the landscape. ETAF for a special landscape area shall not
exceed 1.0. ETAF for existing non - rehabilitated landscapes is 0.8.
Evapotranspiration rate: The quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specked time.
Hardscape: Any constructed feature in a landscape built of concrete, stone,
wood, or other such pervious or non - pervious durable material. Includes, but
is not limited to, patios, walkways, and retaining walls.
Hydrozone: A portion of the landscaped area having plants with similar water
needs. A hydrozone may be irrigated or non - irrigated
Invasive plant species: Species of plants listed in the invasive plant inventory
of the California Invasive Plant Council (IPC) that have been identified as
invasive to areas within the IPC - delineated Central West (CW) region.
Irrigation audit: An in -depth evaluation of the performance of an irrigation
system performed by a certified landscape irrigation auditor. An irrigation
audit includes, but is not limited to: inspection, system tune -up, system test
with distribution uniformity or emission uniformity, reporting overspray or
runoff that causes overland flow, and preparation of an irrigation schedule.
38 -5
Irrigation efficit_, ;y QE): The measurement of the art —unt of water beneficially
used divided by the amount of water applied. Irrigation efficiency is derived
from measurements and estimates of irrigation system characteristics and
management practices. The minimum average irrigation efficiency for
purposes of this Ordinance is 70 %. Greater irrigation efficiency can be
expected from well- designed and maintained systems.
Irrigation survey: An evaluation of an irrigation system that is less detailed
than an irrigation audit. An irrigation survey includes, but is not limited to:
inspection, system test, and written recommendations to improve
performance of the irrigation system.
Landscape architect: A person who holds a license to practice landscape
architecture in California as further defined by the California Business and
Professions Code, Section 5615.
Landscape area: All the planting areas, turf areas, and water features
(including pools and spas) in a landscape installation. The landscape area
does not include footprints of buildings or structures, sidewalks, driveways,
parking lots, decks, patios, gravel or stone walks, other pervious or non -
pervious hardscapes, and other non - irrigated areas designated for non -
development (e.g., open spaces and existing wildland vegetation).
Landscape contractor: A person licensed by the State of California to
construct, maintain, repair, install, or subcontract the development of
landscape systems.
Landscape project: An undertaking of landscape design and installation on a
particular area of land. A landscape project may be associated with an
individual lot, a building project, or a multi - phased development. It may also
be a larger, comprehensive landscape scheme that is not coupled with an
individual building project.
Lateral line: The water delivery pipeline that supplies water to the emitters or
sprinklers from the valve.
Low water use plant: A plant species whose demonstrated water needs are
compatible with local climate and soil conditions such that regular
supplemental irrigation is not required to sustain the plant after it has become
established. Species classified as "very low water use" and "low water use"
by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3,
shall be considered low water use plants.
Low - volume irrigation: The application of irrigation water through a system of
tubing or lateral lines and low- volume emitters such as drip and bubblers.
Certain rotary emitters designed to provide highly efficient water distribution
38-6
may also be iri..jded in this definition, at the discret.;,, i of the Planning
Manager.
Maximum Applied Water Allowance WAWA): The upper limit of annual
applied water for the established landscaped area as specified in Section VII I
'Water Budget Calculations."
Mined -land reclamation projects: Any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and
Reclamation Act of 1975.
Mulch: Any organic material such as leaves, bark, straw, compost, or
inorganic mineral materials such as rocks, gravel, and decomposed granite
left loose and applied to the soil surface for the beneficial purposes of
reducing evaporation, suppressing weeds, moderating soil temperature, and
preventing soil erosion.
Native plant: A plant indigenous to a specific area of consideration. For the
purpose of this section, the term will refer to plants indigenous to the coastal
ranges of Central and Northern California, and more specifically to such
plants that are suited to the ecology of the present or historic natural
community of the project's vicinity.
Noxious weed: Any weed designated by the weed control regulations in the
Weed Control Act and identified on a regional district noxious weed control
list.
Operating pressure: The pressure at which the parts of an irrigation system
are designed by the manufacturer to operate.
Overhead sprinkler irrigation system: A system that delivers water through the
air (e.g., spray heads and rotors).
Overspray: Irrigation water that is delivered beyond the target area.
Plant factor: A numerical factor, when multiplied by reference
evapotranspiration (ETo), that estimates the amount of water needed by
plants. Plant factors are based on the publication 'Water Use Classification
of Landscape Species" (WUCOLS).
Rain sensor or rain sensing shutoff device: A component that automatically
suspends an irrigation event when it rains.
Recycled water: Treated wastewater of a quality suitable for non - potable uses
including landscape irrigation and water features.
38 -7
Reference evb.- cranspiration (ETo): A standard me___irement of
environmental parameters that affect the water use of plants.
Rehabilitated landscape: Any re- landscaping project that requires a building
permit or requires a new or expanded water service application.
Runoff: Water that is not absorbed by the soil or landscape to which it is
applied and flows from the landscape area.
Soil moisture sensor: A device that measures the amount of water in the soil.
The device may also initiate or suspend irrigation.
Special landscape area (SLA): An area of the landscape dedicated solely to
edible plants, areas irrigated with recycled water, water features using
recycled water and areas dedicated to active play such as parks, sports
fields, golf courses, and where turf provides a playing surface.
Sprinkler head: A device that delivers water through a nozzle.
Station: An area served by one valve or by a set of valves that operate
simultaneously.
Turf: A ground cover surface consisting of non - native grass species that is
customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial
ryegrass, red fescue, and tall fescue are examples of cool- season turf
grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine
grass, zoysia grass, and buffalo grass are warm - season turf grasses.
Valve: A device used to control the flow of water in the irrigation system.
Water feature: A landscape design element where open water performs an
aesthetic or recreational function. Water features include ponds, fountains,
waterfalls and artificial streams, as well as spas and swimming pools that are
ancillary to single - family, two- family and multi - family residential uses.
Wet surface area: The surface area of that portion of a water feature that
functions to contain water, such as the water surface of a swimming pool,
spa, or garden pond. For a fountain or other feature with flowing water, wet
surface area shall be measured as a two dimensional plane bounded by the
perimeter of the area where water has been designed to flow.
Wildland urban interface: A geographic area identified by the State of
California as a "Fire Hazard Severity Zone," or any area designated by the
enforcing agency to be at a significant risk from wildfires.
WUCOLS: The "Water Use Classification of Landscape Species" published
38 -8
by the Univers,., of California Cooperative Extensiok., one Department of
Water Resources and the Bureau of Reclamation, 2000.
(d) Demonstration of Landscape Water Efficiency
Applicants for projects subject to this section may choose one of the following
two options to demonstrate that a landscape proposal meets the ordinance's
water - efficiency goals.
Plant -type restriction option: The plan, checklist and any accompanying
documentation must demonstrate all of the following as a means of achieving
the required water efficiency.
1. The total turf area shall not exceed 25% of the landscape area, or
1,250 square feet, whichever is lesser in area.
2. Within non -turf areas, at least 80% of the plants shall be native or low
water -use.
3. All other applicable design criteria of Section 38.50 (e) shall be met.
Water budget option: Project applicants may elect to prepare a water budget
calculation, per the provisions of Section 38.50 (i), as a means of
demonstrating water efficiency.
(e) Water - Efficient Design Elements
The elements of a landscape shall be designed to achieve water efficiency
consistent with the intent of this section.
1. Plant Material:
a. Plants shall be chosen and arranged appropriately based upon the
site's climate, soil characteristics, sun exposure, wildfire susceptibility
and other factors. Plants with similar water needs shall be grouped
within hydrozones.
b. The turf area shall not be more than 25% of the landscape area, or
1,250 square feet, whichever is lesser in area, unless the project
applicant develops a water budget and the Estimated Total Water Use
(ETWU) of the landscape area does not exceed the Maximum Applied
Water Allowance (MAWA).
c. Turf shall not be planted on slopes greater than 25 %.
d. Turf areas shall not be less than eight feet wide.
e. At least 80% of the plants in non -turf landscape areas shall be native
plants, or low water using plants, unless the project applicant develops
a water budget and the ETWU of the landscaped area does not
exceed the MAWA.
f. The hoi..- ultural attributes of plant species (e.�. mature plant size,
invasive roots, and structural attributes) shall be considered to
minimize the potential for damage to property or infrastructure (e.g.
buildings, septic systems, sidewalks, power lines).
g. Fire -prone plant materials and highly flammable mulches are strongly
discouraged. In areas designated wildland urban interface, plants shall
be selected, arranged and maintained to provide defensible space for
wildfire protection, in conformance with Public Resources Code
Section 4291 and the "Consolidated Landscaping Policy."
h. Installation of invasive plant species shall be prohibited.
i. Existing invasive plants and noxious weeds within or adjacent to the
proposed landscape area shall be removed prior to installation.
j. The architectural guidelines, conditions, covenants or restrictions of a
common interest development shall not supersede this section.
2. Irrigation System: An irrigation system shall meet all the requirements
listed in this section and the manufacturers' recommendations. The
irrigation system and its related components shall be planned and
designed to allow for proper installation, management and maintenance.
In addition:
a. Dedicated landscape water meters shall be required for landscape
areas greater than 5,000 square feet, except for those installations
where irrigation water is provided by an individual onsite well.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil
moisture sensor data for irrigation scheduling are required.
c. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that
suspend or alter irrigation operation during unfavorable weather
conditions shall be required on all irrigation systems.
d. The irrigation hardware for each hydrozone shall include a separate
valve. Where feasible, trees shall be placed on separate valves from
shrubs, groundcovers, and turf.
e. The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions.
f. Low - volume irrigation shall be required in mulched areas, in areas with
slopes greater than 25 %, within 24 inches of a non - permeable surface,
or in any narrow or irregularly shaped areas that are less than 8 feet in
width in any direction.
g. Average irrigation efficiency is assumed to be 70 %. Irrigation systems
shall be designed, maintained and managed to meet or exceed an
average landscape irrigation efficiency of 70 %.
h. Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless
unfavorable weather prevents it or otherwise renders irrigation
unnecessary. Operation of the irrigation system outside the normal
watering window is allowed for auditing and system maintenance.
38 -10
3. Soil, conditioning, and mulching:
a. At the time of installation, a minimum of 8 inches of non - compacted
topsoil shall be available for water absorption and root growth in
planted areas. This requirement may be waived where a landscape
professional has determined that practical limitations (e.g., slope, other
geotechnical factors), necessitate a lesser soil depth that is viable for
the chosen plant materials.
b. Soil amendments, such as compost or fertilizer, shall be appropriately
added according to the soil conditions at the project site and based on
what is appropriate for the selected plants.
c. A minimum two -inch layer of mulch shall be applied on all exposed soil
surfaces of planting areas, except in areas of direct seeding application
(e.g., hydro- seed).
d. Stabilizing mulching products shall be used on slopes.
4. Hydrozones:
a. Hydrozones shall group plant materials of similar water use, and shall
generally demarcate areas of similar slope, sun exposure, soil, and
other site conditions appropriate for the selected plants.
b. The flow of water to each hydrozone shall be controlled by a separate
valve.
c. Sprinkler heads and other emission devices shall be selected based on
what is appropriate for the plant type within that hydrozone.
d. Within a hydrozone, low and moderate water use plants may be mixed,
but all plants within that hydrozone shall be classified as moderate
water use for MAWA calculations. High water use plants shall not be
mixed with low or moderate water use plants.
5. Water Features:
a. Recirculating water systems shall be used for water features.
b. The wet surface area of a water feature shall be counted as an area of
high water using plants for purposes of a water budget calculation,
except as provided in subsection c, below.
c. The surface area of a pool or spa with a cover shall be counted as an
area of medium water using plants for purposes of a water budget
calculation.
(f) Components of a Landscape Project Submittal
Unless otherwise specified, the following items shall be completed and
submitted to the Planning Division when a landscape project is subject to the
requirements of this section pursuant to section 38.50 (b) 1. These items
38 -11
shall be submi,.,;d with an application for discretiona. y approval by the
Planning Division or at the time of building permit submittal, if no discretionary
approval is required. The Planning Manager may defer a landscape project
submittal until building permit submittal, if warranted.
1. Water - Efficient Design Checklist (section 38.50 (g)).
2. Landscape and Irrigation Design Plans (section 38.50 (h)).
3. Water Budget Calculations (section 38.50 (i)). This calculation is not
required if the plant -type restriction option (section 38.50 (d) 1) is utilized.
4. Soil Analysis Report (section 38.50 (j)). This is not required unless
required by the city as a condition of permit approval.
5. Landscape Installation Report (section 38.50 (k)). This report shall be
submitted following installation of landscaping materials and irrigation
hardware.
6. Landscape and Irrigation Maintenance Schedule (section 38.50 (1)).
(g) Water- Efficient Design Submittal Checklist
The water - efficient design checklist required by section 38.50 (f) shall serve
as a summation of select landscape components to determine compliance
with this section.
(h) Landscape and Irrigation Design Plans
The landscape and irrigation design plans required by section 38.50 (f) shall
be prepared as follows:
1. The landscape and irrigation design plans shall incorporate all applicable
elements of Section 38.50 (e), "Water- Efficient Design Elements."
2. The landscape design portion shall be prepared by, and bear the
signature of, a licensed landscape architect, licensed landscape
contractor, or any other person authorized by the State of California to
design a landscape pursuant to Sections 5500.1, 5615, 5641 et seq.,
6701, and 7027.5 of the Business and Professions Code, Section 832.27
of Title 16 of the California Code of Regulations, and Section 6721 of the
Food and Agriculture Code.
3. The irrigation design portion shall be prepared by, and bear the signature
of, a licensed landscape architect, certified irrigation designer, licensed
landscape contractor, or any other person authorized by the State of
38 -12
California tt, jesign an irrigation system pursuan► ..,, Sections 5500.1,
5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions
Code, Section 832.27 of Title 16 of the California Code of Regulations,
and Section 6721 of the Food and Agriculture Code..
4. The landscape design portion of the landscape and irrigation design plan,
at a minimum, shall:
a. Provide basic project information, such as applicant name, site
address, total landscape area and turf area (square feet), irrigation
water source (e.g. municipal, well, recycled), and project contacts.
b. Identify, in tabular form, all plants to be installed as part of the project.
The table shall include the following:
i. Symbol (representing the plant on the plan).
ii. Common name.
iii. Botanical name.
iv. Container size.
V. Quantity.
vi. Type (e.g., grass, forb, succulent, vine, shrub, tree).
vii. Water - efficient species identification. All "native" and "low
water use" plant species (defined in 38.50 (c)) shall be so
labeled.
viii. Unique physical specifications of plants (e.g., bare -root, field -
potted, multi- trunk), if applicable.
c. Include the following:
i. General notes, planting notes, plant layout based on size at
maturity, species, and symbol legend.
ii. Spacing of proposed plantings.
iii. Topography
iv. Trunk diameter of all existing trees with trunk circumferences
greater than 6 inches, measured 54 inches above grade. All
tree species shall be identified.
V. Existing features to remain, such as trees, fencing, hardscape,
etc.
vi. Existing features to be removed.
vii. Identification of pertinent site factors such as sun exposure,
microclimate, property lines, buildings, underground /above-
ground utilities, existing drainage features, etc.
viii. Proposed grading. For earthwork exceeding 50 cubic yards a
grading permit will be required.
ix. Seed mix, if applicable.
d. Delineate and label each hydrozone;
e. Identify each hydrozone as low water, moderate water, high water, or
mixed (low /moderate) water use, as defined by WUCOLS;
f. Identify special landscape areas;
g. Identify type of mulch and application depth;
38 -13
h. Identify .,pe and wet surface area of water %_.ures;
i. Identify hardscapes (pervious and non - pervious); and
j. Contain the following statement: "I have complied with the criteria of
the Water Conservation in Landscaping Ordinance and applied such
criteria for the efficient use of water in the landscape design plan." The
plan shall be signed by a licensed landscape architect, licensed
landscape contractor or any other person authorized to design a
landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701,
and 7027.5 of the Business and Professions Code, Section 832.27 of
Title 16 of the California Code of Regulations, and Section 6721 of the
Food and Agriculture Code.
5. The irrigation design portion of the landscape and irrigation design plan, at
a minimum, shall contain:
a. Location, type and size of all components of the irrigation system,
including controllers, main and lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure
regulators, and backflow prevention devices;
b. Static water pressure at the point of connection to the public water
supply;
c. Flow rate (gallons per minute), application rate (inches per hour), and
design operating pressure (pressure per square inch) for each station;
d. Irrigation schedule;
e. Location and size of separate water meters for landscape (if
applicable); and,
The following statement: "I have complied with the criteria of the Water
Conservation in Landscaping Ordinance and applied such criteria for
the efficient use of water in the landscape design plan." The plan shall
be signed by a licensed landscape architect, licensed landscape
contractor or any other person authorized to design a landscape plan
pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of
the Business and Professions Code, Section 832.27 of Title 16 of the
California Code of Regulations, and Section 6721 of the Food and
Agriculture Code.
6. Grading. If the landscape project area will be graded, then, at a minimum,
grading contours and quantities shall be shown on the landscape design
plan.
7. Wildfire Management. The plant list shall exclude plant types that
increase wildfire susceptibility. In areas designated wildland urban
interface, the plan shall demonstrate that plants have been selected and
arranged to provide defensible space for wildfire protection, in
conformance with Public Resources Code Section 4291 and the
38 -14
"Consolida,_j Landscaping Policy."
8. Storm Water Management. Storm water best management practices shall
be incorporated into the landscape installation when required. The details
of the storm water management plan shall be shown on the landscape
design plan. Installation shall be subject to the city's National Pollutant
Discharge Elimination System (NPDES) storm water discharge permit
requirements and Gilroy Municipal Code sections 27 C and 27 D.
(i) Water Budget Calculation
Project applicant may elect to complete a water budget calculation for the
landscape project. A water budget must be completed by a certified
professional who is authorized by the State of California to complete a water
budget. Water budget calculations shall adhere to the following requirements:
1. The plant factor used shall be from WUCOLS. The plant factor ranges
from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water
use plants, and from 0.7 to 1.0 for high water use plants.
2. The wet surface area of a water feature shall be counted as an area of
high water using plants for purposes of a water budget calculation, except
as provided in subsection 3, below.
3. The wet surface area of a pool or spa with a cover shall be counted as an
area of medium water using plants for purposes of a water budget
calculation.
4. Where low and moderate water use plants are mixed within a single
hydrozone, the entire hydrozone area shall be classified as moderate
water use for purposes of a water budget calculation. High water use
plants shall not be mixed with low or moderate water use plants.
5. All special landscape areas shall be identified and their water use included
in the water budget calculations.
6. The reference evapotranspiration adjustment factor (ETAF) for special
landscape areas shall not exceed 1.0. The ETAF for the remaining
landscaped area shall not exceed 0.7.
7. Irrigation system efficiency shall be greater than or equal to 70 %.
8. Maximum applied water allowance (MAWA) shall be calculated using the
equation below:
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
38 -15
G)
Where:
MAWA =
Maximum Applied Water Allowance (gallons per year)
ETo =
Reference Evapotranspiration (inches per year)
0.62 =
Conversion Factor (acre- inches to gallons)
0.7 =
Reference Evapotranspiration Adjustment Factor (ETAF)
LA =
Landscape Area including SLA (square feet)
0.3 =
Additional Water Allowance for SLA
SLA =
Special Landscape Area (square feet)
9. A project applicant may consider effective precipitation (25% of annual
precipitation) in tracking water use and may use the following equation to
calculate the MAWA:
MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]
10. Estimated total water use (ETWU) shall be calculated for each hydrozone
using the equation below. The sum of the ETWU calculated for all
hydrozones shall not exceed the MAWA.
ETWU = (ETo)(0.62)( P I HA + SLA)
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS (B32- 2(nn))
HA = Hydrozone Area [high, medium, and low water use areas]
(square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.70)
Soil Analysis Report
The Planning Manager shall have discretion to require a soil analysis for any
project where a landscaping plan is required. A soil analysis report shall
document the various characteristics of the soil (e.g. texture, infiltration rate,
pH, soluble salt content, and percent organic matter), and provide
recommendations for amendments as appropriate to optimize the productivity
and water - efficiency of the soil. The soil analysis report shall be made
available to the professionals preparing the landscape and irrigation design
plans in a timely manner either before or during the design process. A copy
of the soils analysis report shall be submitted to the Planning Division as part
of the landscape documentation package.
38 -16
(k) Landscape Inb,.Ailation Report
A landscape installation assessment for new or rehabilitated landscapes shall
be conducted by a certified landscape professional after the landscaping and
irrigation system have been installed. The findings of the assessment shall
be consolidated into a landscape installation report. The report shall be filed
prior to building permit final or, if no building permit is required, within 30 days
of landscape installation completion. The report shall be prepared by a
licensed landscape architect, licensed landscape contractor or any other
person authorized to design a landscape plan pursuant to Sections 5500.1,
5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code,
Section 832.27 of Title 16 of the California Code of Regulations, and Section
6721 of the Food and Agriculture Code.
The landscape installation report shall be prepared after completion of an
inspection to confirm that the landscaping and irrigation systems were
installed as specked in the landscape and irrigation design plans. The
report shall include a system test to determine uniformity of water
distribution, identification of overspray or run off causing overland flow,
and preparation of an irrigation schedule. The landscape installation
report shall determine whether corrections are required and specify what
corrections are needed to ensure that the landscaping and irrigation
system comply with approved plans. All corrections must be satisfactorily
completed within 30 days of report completion. If corrections are required,
a follow -up inspection will be required within two weeks of completion of
the corrections
2. Once all corrections have been satisfactorily completed, a licensed
landscape architect, licensed landscape contractor or any other person
authorized to design a landscape plan as specified above shall issue a
final landscape installation report that includes the following statement:
"The landscape and irrigation system has been installed as specified in
the landscape and irrigation design plan and complies with the criteria of
the ordinance and the permit."
3. The city may administer ongoing programs that may include, but not be
limited to, post - installation landscape inspection, irrigation water use
analysis, irrigation audits, irrigation surveys and water budget calculations
to evaluate compliance with the MAWA.
(1) Landscape and Irrigation Maintenance Schedule
Landscapes shall be maintained to ensure successful establishment following
installation, and to ensure water use efficiency consistent with this section. A
maintenance schedule shall be established and submitted to the Planning
Division either with the landscape application package or with the landscape
38 -17
installation rep -... A maintenance contract shall be v. ivided to the Planning
Division if so requested.
The timing of the maintenance schedule shall extend 30 months from the
date of the landscape installation report, unless a different time period is
established by the Planning Manager under a condition of permit approval.
Thereafter, landscaping shall be maintained consistent with the
requirements of section 38.30 of this ordinance. The landscape
professional(s) overseeing maintenance activities shall provide to the
Planning Division a minimum of three summary reports at appropriately
spaced intervals over the 30 -month period. The reports shall evaluate the
condition of the installation, and describe maintenance needs and any
actions taken.
2. Maintenance shall include, but not be limited to the following: routine
inspection; pressure testing, adjustment and repair of the irrigation
system; aerating and de- thatching turf areas; replenishing mulch;
fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
3. Failed plants shall be replaced with the same or functionally equivalent
plants that may be size - adjusted as appropriate for the stage of growth of
the overall installation. Failing plants shall either be replaced, or be
revived through appropriate adjustments in water, nutrients, pest control or
other factors as recommended by a landscaping professional.
(m) Landscape Project Referral
The Planning Manager may refer the landscape project documents to any city
department or outside agency whose interests or area of expertise warrants
their participation in the review process.
(n) Audit of Existing Landscapes
The city may require audits to evaluate water use on established landscapes
larger than one acre. Such audits may also be initiated as a coordinated
effort between the city and a water purveyor (e.g., Santa Clara Valley Water
District, as part of the Water District's established outdoor water conservation
programs). When such audit is required, it must be completed by a certified
landscape irrigation auditor.
Following the findings and recommendations of the certified landscape
irrigation auditor, the city may require adjustments to irrigation usage,
irrigation hardware, and /or landscape materials to reduce irrigation water use.
Landscape renovation or rehabilitation resulting from such audit activity shall
be considered a landscape project, and shall be subject to applicable
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document sub,....cal requirements of section 38.50 (y,.
For established landscapes that have dedicated irrigation meters, the
maximum applied water allowance (MAWA) shall be calculated as follows:
MAWA= (ETo) (0.62) (LA) (0.8)
LT, &0 --
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (acre- inches to gallons)
LA = Landscape Area (square feet)
0.8 = Reference Evapotranspiration Adjustment Factor (ETAF)
(o) Public Education
1. The city shall provide information to all applicants regarding the design,
installation, management and maintenance of water - efficient landscapes
and irrigation systems.
2. All model homes that are landscaped shall have signs installed that
provide information on the principles of water - efficient landscaping.
(p) Penalties
Non - compliance with any applicable provision of this section shall be subject
enforcement action, as provided in section 53 of this ordinance.
38 -19
ZONING SECTION b,
ACCESSORY STRUCTURES
Section 39.10 Statement of Intent
The intent of this Section of the Ordinance is to provide regulations for buildings or
structures that are not main buildings on parcels, and in which the principal use of
the land does not take place.
Section 39.20 Permitted Zones for Accessory Structures
Accessory buildings as regulated herein are permitted in any district, whether
constructed at the same time as the main building on the lot, or subsequently.
Accessory buildings in any commercial or industrial zone shall be built subject to all
of the same restrictions that apply to the main building on the lot.
Section 39.30 Accessory Structures in Residential Zones
Accessory structures are permitted in residential zones only when they comply with
the following restrictions:
(a) No accessory structure shall be located within three (3) feet of any side or
rear property line unless limited to seven feet in height and incorporating any
necessary measures to prevent water runoff onto adjacent properties.
(b) No accessory structure shall encroach upon the required front yard area or
be located within the required side yard setback area on the street side of a
corner lot. Landscape amenities such as arbors, trellises and pergolas may
be allowed subject to the requirements of Section 34.31 (h). Accessory
structures located within the front one -half of the lot must be constructed of
materials, colors and architectural design consistent with the main building.
(c) No more than two (2) accessory structures shall be permitted on one (1) lot.
(d) Accessory structures shall not occupy more than thirty percent (30 %) of the
lot area; nor shall accessory structures plus the main buildings on any site
occupy more than the maximum lot coverage, if any, as specified for the
district in which the lot is located. Any single accessory structure exceeding
six hundred (600) square feet in size must be constructed of the same
materials, colors and architectural style as the main residential building.
(e) Accessory structures located closer than five (5) feet to any main building
shall comply with all setback requirements for the main building as specified
by the zoning district in which the lot is located.
(f) Except for accessory dwelling units that meet the requirements of
Section11.13, accessory structures shall not be used for dwelling purposes.
Only one (1) accessory dwelling unit is permitted on a lot. No kitchen
facilities will be allowed in any accessory structure that does not comply with
the requirements of Section 11.13 for an accessory dwelling unit.
(g) Play structures under one hundred twenty (120) square feet in area shall be
exempt from all provisions under this Section, except that they shall not be
located within three (3) feet of any side or rear property line, and shall not be
located within the front yard setback or side yard setback adjacent to a street.
(h) Freestanding membrane - covered accessory structures, including rigid,
39 -1
framed, canvas .;overed carports and cabanas, may .,a allowed in residential
zones, provided they meet all requirements for accessory structures, as well
as the following added restrictions:
1. A membrane accessory structure shall not be constructed within the
front one -half of the lot on which it is located or within the required
side yard setback area on the street side of a corner lot.
2. The membrane roof or side coverings must have all edges fastened
and restrained with sufficient tension to prevent movement or flapping
of the membrane material in winds, up to the design standard for wind
in this area.
3. Structural supports shall not encroach into any required setback areas.
4. A membrane accessory structure shall be considered a temporary
structure and shall not be allowed as a permanent structure unless the
membrane material and structure is warranted by the manufacturer for
a minimum of 7 years.
(i) Accessory structures shall be limited to twelve (12) feet in height and one
story. An accessory structure over 12 feet in height and /or a two -story
accessory structure may be approved by the Planning Commission through
an architectural and site review application. A public hearing shall be
required for such application.
(j) Storage and moving containers shall be permitted to locate within the front
yard setback of a residential property for a time period not exceeding two
weeks. Storage or moving containers located on a parcel for a longer time
period shall be considered accessory structures and shall conform to all
provisions of this Section.
Section 39.40 Decks
In residential districts, decks must be located at least three (3) feet from any rear or
side property lines. Decks exceeding thirty (30) inches or more above the ground,
or which have vertical components or fixed seats above the finished surface within
five (5) feet of the main building, shall be considered part of the main building and
shall adhere to the setback requirements specified in Section 11 of this Ordinance.
39 -2
ZONING SECTION 4..
HOME OCCUPATION
Section 40.10 Statement of Intent
The intent of the Home Occupation regulations is to allow for the orderly, safe, and
nuisance -free development of a use or occupation within a dwelling unit, which is
clearly incidental and subordinate to the use of the dwelling for residential purposes.
It is the intent of these regulations to reduce the impact of a home occupation to the
degree that its effects on the neighborhood are undetectable from normal and usual
residential activity.
Home occupations, as defined by this Section, may be conducted in any residential
commercial or agricultural district, provided such occupations are in compliance with
the regulations set forth in this Section and all other standards and regulations
pertaining to permitted uses within the zoning district in which the home occupation
is located.
Section 40.20 Permitted Uses for Home Occupations
Any professional or business activity, except those listed in Section 40.40, is
permitted in a dwelling unit as a home occupation only where such use meets all of
the following criteria:
(a) Only the residents occupying the dwelling unit and one employee may
engage in a home occupation and not more than two (2) such occupants
shall be engaged therein. If there is an employee, that employee shall park in
the driveway of the home or on a paved, on -site parking space.
(b) With the exception of swimming lessons given in a residential pool, a home
occupation shall be confined to, and carried on exclusively within, the main
building of the dwelling unit, not within an accessory building. Swimming
lessons may be permitted as a home occupation provided that the business
owner adheres to all other provisions of this ordinance.
(c) There shall be no change in the outside appearance of the building premises,
visible evidence of the conduct of the home occupation, or construction
feature or alteration not of a residential character.
(d) There shall be no show windows, window displays or advertising on signs,
structures, or vehicles on or near the site designed to attract customers,
clients or the general public to the premises.
(e) There shall be no conduct of a business or office open to the public.
(f) No materials shall be transported to or from the premises in a commercial
vehicle.
(g) There shall be no generation of pedestrian or vehicular traffic beyond that
normal to the district.
(h) No products shall be sold on the premises except artist's originals or products
individually made to order on the premises or Cottage Food Operations
(CFO) approved foods.
(i) No materials, supplies or equipment shall be stored out -of -doors or in any
required garage space.
40 -1
(j) There shall be , .,� operational characteristic or effect, .. icluding color, lighting,
noise, vibration, electrical disturbance, smoke or odor discernible at the
exterior boundaries of the building site, which would identify the premises as
serving a nonresidential purpose.
(k) A home occupation shall be limited to having only two (2) clients, patients, or
pupils present on the premises at any time.
(1) Hazardous materials, chemicals, or hazardous wastes are restricted to those
materials in concentration, packaging and type that are consumer products.
Quantities are limited to the amounts allowed by the Uniform Fire Code. No
discharge of chemicals, hazardous materials, or non - domestic wastewater
shall be allowed into the sanitary sewer or storm drain from the home
occupation. Inspections may be required to determine if an application is in
conformance with these requirements.
Section 40.30 Home Occupations Requiring a Conditional Use Permit
With the exception of uses listed in Section 40.40, any use or occupation that does
not meet the criteria set forth in Section 40.20 of this Ordinance may be permitted in
a residential zone only in accordance with a conditional use permit which may be
issued by the Planning Commission.
Section 40.40 Uses Not Permitted as Home Occupations
The following uses shall not be construed as home occupations:
(a) Animal hospitals, or the harboring, training, raising, grooming, or treatment of
animals or birds for commercial purposes.
(b) The repair or reconditioning on the residential site for commercial purposes of
motor vehicles or equipment, boats, or recreation vehicles, or display for sale
of any vehicle.
(c) Beauty parlors, barber shops.
(d) Medical, dental or chiropractic clinics or hospitals.
(e) The use, handling, or storage of hazardous materials or chemicals, except
those materials in concentration, packaging, and type that are consumer
products and kept in typical household amounts.
(f) Any generation of hazardous waste material.
(g) The discharge of non - domestic wastewaters into the sanitary sewer or storm
drain at the residence. This includes commercial food preparation and dish
cleaning.
Section 40.50 Non - Conformance to Criteria
Any permitted use or conditional use shall continuously conform to all the criteria set
forth in this Ordinance and in the conditions of the use permit. Any home
occupation in a residential, commercial or agricultural district which fails to conform
to any of these criteria or conditions shall immediately cease and all permits,
including business license, shall immediately be null and void.
40 -2
ZONING SECTION 41
PERFORMANCE STANDARDS
Section 41.10 Statement of Intent
It is the intent of this section of the Ordinance to provide general standards that will protect the
health, safety, and welfare of residents of the City of Gilroy from land uses that include any
dangerous, injurious, noxious, or otherwise objectionable public nuisance.
Section 41.20 General Provisions
No land or building in any zoning district in the City shall be used or occupied in a manner that
constitutes any dangerous, injurious, noxious or otherwise objectionable public nuisance. This
includes uses that create an objectionable nuisance because of fire, explosive or other hazard;
noise or vibration; smoke, dust, odor or any other form of air pollution; glare, heat, cold,
dampness; electrical disturbance; radioactivity; liquid or solid refuse and waste or any other form
of water or soil pollution. The Planning Director may require written consent from adjacent
property owners and /or residents prior to the approval of any project that may have the potential to
create a nuisance.
Section 41.30 Specific Provisions — Hazardous Material Storage
Any storage of hazardous material listed in the City's adopted Hazardous Materials Storage
Ordinance shall require issuance of a Hazardous Materials Storage permit from the Fire Marshal
prior to bringing such materials on to any commercial or industrial property.
Section 41.31 Specific Provisions — Noise
It shall be unlawful to generate noise within the City limits that exceeds the limits established in
this section of the Zoning Ordinance.
(a) Definitions:
1. Decibel (dBA): A unit measuring the amplitude of sound or noise, weighted
to the range of human hearing (A- weighting scale on a sound level meter).
2. Noise Level: Measurement of sound in decibels (dBA) obtained by using a
sound level meter at slow response.
3. Sound Level Meter: An instrument comprised of a microphone, an amplifier,
an output meter and frequency weighing networks, used for measuring
sound levels in decibel (dBA) units.
4. L10: The maximum noise level to be exceeded no-more than ten percent
(10 %) of the time.
b) Maximum outdoor noise levels:
Residential Noise Impacting Residential Properties: Fixed - source outdoor
mechanical equipment installed after July 1, 2007 (e.g. pool, spa, air
conditioning or similar equipment) is limited to a maximum of 60 dBA
measured at the property line or 70 dBA [L,o] measured at the property
line.
41 -1
The use of power tools, yard, landscaping and similar equipment, and
including home garage vehicle repairs, is limited to the hours of 7:00 a.m
to 10:00 p.m., and prohibited between the hours of 10:00 p.m. and 7:00
a.m.
2. Commercial and Industrial Noise Impacting Residentially -zoned
Properties: Noise emanating from properties that are zoned for uses
other than residential is limited to a maximum of 70 dBA [Lio] measured at
the residential property line. Such noise is limited to the hours of 7:00 a.m
to 10:00 p.m., and prohibited between the hours of 10:00 p.m. and 7:00
a.m.
(c) Exceptions to the exterior noise limits listed in subsection (b) above:
1. Persons, equipment, vehicles, alarms or sirens utilized in essential activities
necessary to preserve, protect or save lives or property from danger, loss or
harm;
2. Refuse & recycling collection vehicles when operating between the hours of
5:00 a.m. and 6:00 p.m.;
3. Special events operating in compliance with an approved Special Events
Permit; and
4. City- approved activities on public properties.
Section 41.40 Enforcement
The owner or operator of each land use to which performance standards apply shall be
responsible for maintaining a continuing level of performance in compliance with this Section 41.
Initial and continued compliance with the performance standards set forth in this Section 41 is
required of every use in the City.
Section 41.41 Disaster and Utility Failures:
The City Administrator or his designee may hold enforcement of this ordinance section in
abeyance during disasters and /or major utility failures.
41 -2
ZONING SECTION 42
RECREATIONAL VEHICLE (RV) PARK DEVELOPMENT REGULATIONS
Section 42.10 Statement of Intent
The intent of the Recreational Vehicle (RV) Park development regulations is to enable
the orderly, safe, and nuisance -free development and use of RV parks. It is the intent
of these regulations to preserve the integrity and attractiveness of the City and to
maintain its orderly appearance.
Section 42.20 Permitted Zones for Recreational Vehicle Parks
Recreational Vehicle parks as regulated herein are conditionally permitted within the
Highway Commercial, Limited Industrial, and General Industrial zoning districts.
Conditional Use Permit approval shall be required for all new or expanding RV parks.
Applications for Conditional Use Permits shall be reviewed by the Planning Division for
compliance with these guidelines.
Section 42.30 Guidelines
The following guidelines shall be used when reviewing applications for new or
expanding recreational vehicle park development proposals. Alternatives to each
guideline may be acceptable if the purpose of the guideline is achieved, and if
reviewed and approved by the Planning Commission.
(a) Minimum Spacing: A recreational vehicle (RV) park shall provide spaces
to accommodate various types of RVs. The minimum buffer area to be
provided around each RV space shall be ten (10) feet from side to side,
eight (8) feet from side to rear, and six (6) feet from rear to rear or front
to rear. A minimum of five (5) feet shall be provided between RV patios
and any adjacent RV space. A minimum of six feet shall be provided
between the appurtenant structures attached to an RV and any adjacent
RV space. No restroom shall be closer than 25 feet to, nor further than
400 feet from, an RV space. Other permanent buildings shall be set
back at least 10 feet from any RV space.
(b) LandscapingNisual Screening_ All RV developments shall provide a
minimum twenty -one (21) foot wide planter area, measured from the face
of curb, along each street frontage (public sidewalks may be permitted in
this planter area) to minimize views of the development from the public
right -of -way. All areas not specifically used for driveways, walkways,
patios, or similar purposes shall be landscaped in accordance with
Section 38 (landscaping) of the Zoning Ordinance. The buffer area
between RV spaces shall be landscaped. Landscaping materials shall
meet with City standards and shall be planted to provide maximum visual
relief and summer shade. The landscaped areas shall be protected from
wheeled traffic by berms, curbing, fencing, posts, or other means where
feasible.
42 -1
(c) Recreation Facilities: Recreational facilities include indoor rooms with
table games as well as pools, clubhouses, common barbecue /picnic
areas, and ball fields and playgrounds with swings, slides, sandboxes,
and similar recreational equipment. A variety of recreational facilities
shall be provided at a minimum of 100 square feet per RV space.
Perimeter landscaping and landscaping between RV spaces shall not be
counted as a recreational amenity.
(d) Sound Attenuation Devices: Sound attenuation devices shall be of
sufficient height and density to reduce exterior noise levels on the RV
park to commercial standards. Sound attenuation devices shall also be
required if noise from the RV park may intrude onto an adjacent property.
All such sound attenuation devices shall be landscaped and constructed
with aesthetically attractive materials. Landscaping berms at least two
(2) feet in height shall be provided where sound attenuation devices are
visible from the public right -of -way.
(e) Parking: A minimum of one guest parking space shall be provided for
every ten RV spaces. One parking space shall be provided for each shift
employee and shall be conspicuously labeled as such. One covered
parking space shall be provided for a caretaker's residence, where
applicable. Every RV must maintain the ability to be pulled or moved at
all times.
(f) Lighting: Lighting shall be subject to City Zoning Ordinance Section
50.45. In addition, post or index lighting shall be provided to indicate the
location of each RV parking space, so that the number is clearly visible
at night. Low -level exterior lighting and adequate interior lighting shall
also be provided for restroom and shower facilities. Such lighting shall
be subject to review by the Planning Division.
Section 42.40 Length of Stay
The owner and operator of the recreational vehicle park shall limit the stay of visitors at
any such facility to no more than 60 days during any 120 -day period..
Section 42.41 Compliance Hearings
The owner and operator of a new or expanding recreational vehicle park shall be
subject to periodic compliance hearings before the City Planning Commission.
Following issuance of a Conditional Use Permit, the Planning Commission may
periodically review the operation of an RV park in order to determine its compliance
with length -of -stay and operational requirements.
The recreational vehicle park owner shall submit to the City complete and accurate
visitor records, as well as reasonable additional information requested by the Planning
Division or Planning Commission. The park owner shall pay all costs associated with
the compliance hearings including a compliance audit, staff time, and other costs
incurred by the City as a result of compliance review.
42 -2
Section 42.50 Non - Conformance to Criteria
Recreational vehicle parks shall continuously conform to the criteria set forth in this
Ordinance and to the conditions of the use permit. Any recreational vehicle park which
fails to conform to these criteria shall be subject to review and possible amendment or
revocation of the Conditional Use Permit.
42 -3
ZONING SECTION 43
STREET MERCHANDISING
Section 43.10 Statement of Intent
It is the intent of this section of the Ordinance to provide specific standards for street
merchandising. This Ordinance recognizes that:
(a) Street merchandising is an integral part of doing business in the core Downtown
commercial districts (DHD and DED);
(b) All Downtown merchants should be able to enjoy this privilege;
(c) Appearance of the core Downtown commercial districts is protected by providing_
measurable standards for street merchandising compliance;
(d) Street merchandising by one merchant will not detract from the business operations of
other merchants; and
(e) These standards are intended only to regulate merchandise for sale, placed on daily
display, and are not intended to be interpreted for the sidewalk sale of food or other
types of permanent street furnishings for public use.
Section 43.20 Street merchandising is allowed under the following regulations:
(a) Street merchandising is allowed only in the core Downtown commercial districts
(DHD and DED). Only ground -floor merchants with businesses within the DHD
and DED zones shall be allowed street merchandising, and that merchandising
shall be displayed only directly in front of the businesses where the items are
sold.
(b) Merchandise shall not be allowed within 5 feet of the curb.
(c) All businesses shall have a clear four -foot path -of- travel past the store frontage
on the sidewalk and into the front entry of the business.
(d) Merchandise placed in front of a business shall be immediately adjacent to and
not further than 3 feet from the building facade.
(e) Merchandise shall not rise more than 5 feet above the sidewalk.
(f) The maximum merchandise display area shall be limited to 25% of the linear
frontage of the store facade. Facades of less than 20 linear feet shall be allowed
a maximum display area of 5 feet.
(g) Businesses located on a corner shall use their address frontage to calculate the
amount of display area allowed, with merchandise allowed only along that
frontage.
(h) Merchandise shall not be covered, even to protect it from the environment.
(i) Street merchandising is permitted only during the store's business hours.
Q) Prior to placing merchandise on a public sidewalk, the business owner shall
procure insurance and submit to the City a certificate of insurance in an amount
and form acceptable to the City's Risk Manager, adding the City of Gilroy_as an
additional insured to the Owner's comprehensive general liability policy.
43 -1
ZONING SECTION 44
STREET FURNITURE OBJECTS
Section 44.10 Statement of Intent
It is the intent of this Section of the Ordinance to provide specific standards for setting Street
furniture objects in the Downtown and Commercial Zoning Districts. This Ordinance
recognizes that:
a. For some businesses, setting street furniture objects is an integral part of doing
business in the Downtown and Commercial Zoning Districts;
b. The appearance of the public right of way in the Downtown and Commercial
Zoning Districts is protected by providing measurable standards for street furniture
object compliance with this ordinance and policies referenced herein;
c. Street furniture objects set out by one merchant should not distract from the
business operations of other merchants; and
d. These standards are intended only to regulate the setting and placement of Street
furniture objects.
Section 44.15 Street furniture objects defined
A street furniture object shall mean any object, other than a portable sign as regulated under
Zoning Ordinance Section 37.90 or street merchandising under Section 43, which is placed
in the public right of way.
Section 44.20 Street furniture objects are allowed under the following conditions:
Businesses eligible to place street furniture object in the public right of way in
accordance with the "Policy for Placement of Street Furniture Objects in the Public
Right of Way" shall comply with all provisions of that policy, as it is amended from
time to time, including but not limited to the location of street furniture objects,
insurance and indemnification requirements, permit approval, and all conditions of
approval.
2. Newspaper racks may be located in a public sidewalk subject to all of the following
provisions:
a) A horizontal path of at least four (4) feet wide shall remain unobstructed to
allow for pedestrians travel along the sidewalk.
b) Every person who owns a newspaper rack shall have his or her name,
address, and business telephone number clearly and permanently affixed
thereto in a place where it may be seen by anyone using the newspaper
rack.
c) No Newspaper rack shall be located on a sidewalk:
1. Within twenty (20) feet of the intersection of two public streets;
2. Within five (5) feet of any marked crosswalk;
3. Within five (5) feet of any driveway;
44 -1
4. Within five (5) feet of any fire hydrant or any other emergency facility;
5. Within five (5) feet of any bicycle rack;
6. Within two (2) feet of any curb where parking is allowed;
7. At any location where the newspaper rack causes, creates, or
constitutes a traffic hazard, as deemed by the Director of Public Works;
8. As measured parallel to the flow of traffic, within five (5) feet ahead of or
within twenty -five (25) feet to the rear of any sign or pavement marking
designating a bus stop;
9. At any location where the newspaper rack obstructs or interferes with
access to or the use of abutting property;
10. Within five feet of any display window or in such a manner as to interfere
with the reasonable use of such a window for display purposes;
11. At any location where the newspaper rack obstructs access to any
public or private facilities that require access to serve the public need,
including but not limited to utilities;
12. At any location where the newspaper racks conflict with the accessibility
regulations; or
13. At any location where the clear space for the passage of pedestrians
would be reduced to less than four (4) feet wide;
d) Newspaper racks conforming to all provisions in this section shall not
require issuance of a Continuous Encroachment permit, provided that the
owner of the newspaper racks provides insurance in accordance with the
requirements for placement of other types of street furniture objects in the
right of way, pursuant to section 44.20(3) of the Zoning Ordinance.
3. In accordance with the "Policy for Placement of Street Furniture Objects in the
Public Right of Way," prior to placing street furniture objects in a public right of
way, the business owner shall indemnify the City, procure insurance, and submit
to the City a certificate of insurance in an amount and form acceptable to the City's
Risk Manager, adding the City of Gilroy as an additional insured to the Owner's
comprehensive general liability policy.
44 -2
ZONING SECTION 4.
GENERAL REGULATIONS
Section 45.10 Adherence to Zoning Regulations
No building permit shall be issued for any use within any zoning district unless all
building, site, parking, landscaping, and signs plans have been submitted and
approved by the Director of Planning.
Section 45.20 Prezone of Land Prior to Annexation
Any application for annexation to the City shall be accompanied by an application to
prezone the property to a zoning district consistent with that of the General Plan
Land Use Designation. All lands proposed for annexation shall be prezoned prior to
formal annexation.
45 -1
ZONING SECTION 4_
EXCEPTIONS
Section 46.10 Public Service Exceptions
This Ordinance shall not limit or interfere with the temporary use of any property as
a public voting place; or with the construction, installation or operation by any public
agency or private corporation of any power transmission and distribution line,
communication facility, or transportation line or conduit; or of any incidental
appurtenances to any of the above, when located in a street or a utility easement.
This section does not apply to communication facilities regulated by section 35 of
this Ordinance.
Section 46.20 Residential Lot Area Requirement Exceptions
Even though the area is less than the minimum required by this Ordinance, any of
the following specified residentially -zoned lots or parcels of land may be used as a
building site if all other requirements are met, provided that the number of dwelling
units constructed is consistent with the density restrictions specified by the Zoning
Ordinance:
(a) Any lot shown on a subdivision recorded prior to the 20th day of September,
1937, or of record as a separate parcel at the time of annexation to the City.
(b) Any other parcel of land purchased prior to the 20th day of September, 1937,
by the present owner or by a person from whom the present owner acquired
it through testamentary disposition or intestate succession, where no
adjacent land is owned by the same person.
(c) Any lot or parcel of land, where the deficiency in width or area is due
exclusively to the taking of a portion thereof for a public purpose or the sale
of a portion thereof to any agency or political subdivision of the State or
Federal Government.
Section 46.30 Lot Coverage Exceptions
In applying the regulations of this Ordinance, the features of a structure as
hereinafter set forth shall not be included as coverage and may project into a
required yard space to the extent specified. None of the identified exceptions shall
be permitted if they encroach into an adopted plan line, right -of -way or public use
easement.
(a) Cornices, canopies, eaves or other projections that do not increase the
volume of space enclosed by the building may project up to three (3) feet into
a required yard.
(b) Fire escapes may project into a required yard up to four (4) feet, six (6)
inches.
(c) An uncovered stair and landing that does not extend above a ground floor
entrance except for the railing may project up to three (3) feet into a required
yard.
(d) Bay windows and chimneys may project up to three (3) feet into a required
yard, provided that they do not occupy, in the aggregate, more than one -third
the length of the building wall on which they are located.
(e) Equipment and /or structures enclosing such equipment that are attached to
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the main builo.. _j or an accessory structure (e.g. so._ panels, water storage
tanks, heating and air conditioning equipment, or similar mechanical
equipment) shall be permitted to encroach into a required rear or side yard
area, provided that they do not encroach more than fifty percent into the rear
or side yard area.
Section 46.40 Density Exceptions
All residential developments shall comply with the density restrictions of the
underlying zoning district in which they are located. However, the City shall grant a
residential density bonus of 25 percent over the otherwise maximum allowable
residential density for the applicable zoning district, with a possible additional
incentive, to developers who agree to provide the following:
At least 20 percent of the units must be affordable to lower income
households, as defined by California Health and Safety Code Section
50079.5; or
II. At least 10 percent of the units must be affordable to very low income
households, as defined by California Health and Safety Code Section
50105; or
Ill. Housing developments in which at least 50 percent of the units are
reserved for qualifying residents, as defined in California Civil Code
Section 51.2 et seq.
To qualify for a density bonus, residential projects must consist of a minimum of five
dwelling units, exclusive of any density bonus units. A developer who agrees to
construct housing in more than one of the categories listed above shall be entitled to
only one 25 percent density bonus.
Section 46.41 Application and Processing
Projects requesting a density bonus must be located within a Planned Unit
Development (PUD) combining district. All requests for a density bonus shall be
reviewed through the City's Planned Unit Development approval process (Section
50.50). Within ninety days after receipt of a preliminary written proposal for the
development of housing pursuant to this Section 46, the City shall notify the
developer, in writing, of the procedures required for compliance with this section. It
is contemplated that such preliminary proposal may be submitted prior to the
submittal of any formal requests for General Plan amendments, zoning
amendments or subdivision map approvals.
Section 46.42 Duration of Program
All units shall remain affordable to their specified income groups, or remain
exclusively for use by qualifying residents, as defined in Section 46.40, for the
following periods of time:
(a) Ten (10) years if a density bonus is given with no other incentives.
(b) Thirty (30) years if a density bonus and an additional incentive is given.
46 -2
Units shall be restrict,., for a longer period of time if requirou by a construction or
mortgage financing assistance program, mortgage insurance program or rental
subsidy program.
Section 46.43 Rental and Sales Price
Rental and sales prices shall comply with the requirements of California
Government Code Section 65915.
Section 46.44 Compliance with the Residential Development Ordinance
All projects receiving a density bonus must comply with the requirements of the
Residential Development Ordinance ( "RDO ") (Section 50.60), except where such
project is exempt under the terms of the RDO.
Section 46.45 Additional Incentives
In addition to the density bonus, at least one other incentive identified in California
Government Code Section 65915 (h) shall be provided to developers proposing
housing developments meeting the requirements of Section 46.40, unless the City
finds that the additional concession or incentive is not required in order to provide for
housing at affordable housing costs as defined in California Health and Safety Code
Section 50052.5 or for rents for the affordable units as calculated in California
Government Code Section 65915(c). Provision of an additional concession or
incentive will cause the affordable and /or qualifying resident units to be restricted for
thirty years, rather than ten years, as described in Section 46.42 above.
Concessions and incentives are subject to City Council review and approval.
Section 46.46 Number of Units
The required number of affordable or qualifying resident units and the permitted
number of density bonus units shall be calculated as follows:
(a) The density bonus units shall not be included when determining the
total number of required lower income or very low income units or
qualifying resident units.
(b) When calculating the number of required restricted units and the
number of permitted density bonus units, any resulting fraction of a
unit shall be rounded up to count as a whole unit.
(c) In cases where density increases of less than 25 percent are
requested, no reduction in the number of required affordable or
qualifying resident units will be permitted.
Section 46.47 Density Bonus Agreement
Applicants requesting a density bonus shall enter into an agreement with the City,
on terms acceptable to the City, to ensure ongoing compliance with the provisions of
this ordinance. This Density Bonus Agreement shall be entered into prior to
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recordation of the Fir,.. Map, for developments which requi,e a Tentative Map
application to be processed. For all other developments, the Density Bonus
Agreement shall be entered into prior to approval of an Architectural and Site
Review. Identification and designation of the density bonus units and appropriate
rent and resale controls shall be incorporated as part of the grant deeds for the
residential development regulated by this Section 46.40. All such controls or
restrictions applicable thereto shall run with the land for the duration of the program
pursuant to and shall be recorded as part of the grant deeds with the County
Recorder. Proof of such recordation shall be deemed a condition precedent to
occupancy of any residential unit within a development regulated hereunder. The
Density Bonus Agreement shall specify that construction of the deed restricted
properties occur in the same ratio and at the same time as construction of the non -
deed restricted properties.
Section 46.48 Severability
If any section, subsection, subdivision, sentence, clause, phrase, or word of this
Chapter is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance and
each and every provision herein, irrespective of the possibility that one or more
provisions might be declared invalid.
46-4
ZONING SECTION 4.
TEMPORARY USES
Section 47.10 Temporary Uses
Certain temporary uses of property may be permitted in any district. The permit or
license may be made contingent upon such conditions and time limitations as are
reasonably necessary to secure the public welfare. The violation of any such
condition shall be grounds for the revocation of the permit or license. The enforcing
officer may require guarantees to assure removal of the temporary use and of any
debris or refuse resultant from the use, so as to restore the premises to the prior
condition.
Section 47.20 Temporary Construction Buildings
Temporary buildings and uses incidental to the construction of a building or group of
buildings on the same or adjacent premises may be permitted in any district. Such
temporary buildings and uses must be removed within thirty (30) days after the
completion of construction.
Section 47.30 Sales Offices
A temporary tract or sales office may be permitted in a residential district during the
period of construction or sale of homes in a new subdivision if located in a dwelling
or in a temporary structure that meets setback requirements for a main building.
The office shall be removed and the entire premises shall be restored to conform to
the district regulations within thirty (30) days after the sales for such tract are
concluded.
Section 47.40 Outdoor Sales on Public Property
Outdoor sales with merchandise displayed on any public right -of -way, public street
or sidewalk, shall be restricted to four (4) per year per organized shopping area, and
shall last no more than four (4) consecutive days. Regularly scheduled community -
wide civic events, as determined by the Planning Director, shall be exempt from
these provisions.
Section 47.50 Other Temporary Uses
Any of the following uses may be permitted, subject to a specific time limit not to
exceed thirty (30) consecutive days per calendar year:
(a) Neighborhood bazaar, exhibition, celebration or festival in any district, when
sponsored by an organized group of residents or tenants in the vicinity.
(b) Booth for charitable, welfare, civic or patriotic purposes.
(c) Open -air sale of Christmas trees and pumpkins, except in residential districts.
(d) Sales of fireworks, as regulated by all applicable City policies and ordinances.
47 -1
(e) Other tempora,, outdoor uses that meet all other cc,,..,itions of this
Ordinance, and where the Zoning Administrator determines that no safety
hazards will result from the proposed use.
47 -2
ZONING SECTION,.-
NON-COMFORMING USES AND BUILDINGS
Section 48.10 Criteria
Any use lawfully occupying a building or land at the effective date of this Ordinance
or of subsequent amendments hereto, that does not conform to the regulations for
the district in which it is located shall be deemed a non - conforming use and may
continue, except as otherwise provided herein. Any building lawfully existing at the
effective date of this Ordinance, or of subsequent amendments hereto, that is wholly
or partially used, or designed for use, contrary to the regulations of the district in
which it is located, or does not conform to the minimum physical standards of the
district in which it is located, shall be deemed a non - conforming building and may be
so used or continue in such use. Any building for which a permit has been lawfully
granted at the effective date of this Ordinance, or of subsequent amendments
hereto, must be completed in accordance with the approved plans, provided; that
actual construction is started within two (2) months of the date of issuance of the
permit and diligently executed until its completion. The term "actual construction" for
the purposes of this Section is intended and shall be construed to mean the
performance of any work or labor pursuant to the permit, the effect of which is
apparent upon the building site or the placing of any material thereupon required or
reasonably necessary for the construction of the building. Such building shall
thereafter be deemed to be a lawfully existing non - conforming building.
Section 48.20 Expansion and Enlargement
This Section does not authorize the extension, expansion, or enlargement of such
existing use, or permit the addition of structures or other facilities in conjunction with
such existing use unless all of the following conditions can be met:
(a) The proposed extension, expansion, and /or enlargement is limited to a
maximum of ten percent (10 %) of the gross floor area of the non-
conforming use.
(b) All required parking can be accommodated on -site.
(c) All other physical development standards of the Zoning Ordinance will
be met.
(d) The proposed project will not affect the character of the neighborhood.
(e) An approved Minor Deviation application has been obtained.
The Planning Commission may grant an extension, expansion, or enlargement not
to exceed twenty -five (25) percent of the gross floor area of the non - conforming use
subject to an approved Variance.
Section 48.21
Except as otherwise provided in this section 48, when the non - conforming
use of land or a building has been discontinued or abandoned for a period of
one hundred twenty (120) days or more, the non - conforming use shall not be
reinstated and the use of land or a building must thereafter conform to the
regulations of the district.
48 -1
Section 48.22
Nothing in this Ordinance shall be construed to prevent the restoration and
resumption of a former lawful use of any building that is damaged or partially
destroyed by fire or other calamity, or by act of God or by the public enemy to
the extent of seventy -five percent (75 %) or less, provided that such
restoration is permitted by chapter 6 of the Gilroy City Code, and is started
within one (1) year after such damage and diligently prosecuted to
completion. A non - conforming building that is completely destroyed or
damaged or partially destroyed in any of the above manners to a greater
extent than above specified, or voluntarily razed or required by law to be
razed, shall not thereafter be restored except in full conformity with all the
Provisions of this Ordinance as to building and use. The amount of
destruction shall be calculated by taking seventy -five percent (75 %) of the full
assessed value of the improvements destroyed; as such value is shown on
the current equalized assessment roll of Santa Clara County.
Section 48.23
(a) Whenever a non- conforming use of land or a building has been changed
to a conforming use, the prior non - conforming use shall not thereafter be
reestablished, and the use of the land or building thereafter shall be in
conformity with the regulations for the district.
(b) Whenever a non - conforming use of land or a building has been
discontinued for a continuous period of one hundred twenty (120) days,
the prior non - conforming use shall not thereafter be reestablished, and
the use of the land or building thereafter shall be in conformity with the
regulations for the district.
(c) Non - conforming uses located within designated Historic Structures may
be reinstated or continue subject to an approved Conditional Use Permit
from the Planning Commission. Where no enclosed building is involved,
discontinuance of a non - conforming use for a period of one hundred
twenty (120) days shall constitute abandonment.
Section 48.30 Extension
In addition to the other grounds set forth in this Ordinance, an exception which has
been automatically granted under this Section may be extended if it is determined
that that the nature of the improvement is such that to require cessation of use
would impair the property rights of any person to such an extent as to be an
unconstitutional taking of property.
Section 48.40 Revocation of Automatic Variance
In addition to other grounds stated in this Ordinance, a variance, which has been
automatically granted, may be revoked if it is determined:
(a) That the condition of the improvements on the property, if any, are such that
to require the property to be used only for those uses permitted in the zone
where it is located would not impair the constitutional rights of any person.
48 -2
(b) That the natu►,. if the improvements are such that ,...;y can be altered so as
to be used in conformity with the uses permitted in the zone in which such
property is located without impairing the constitutional rights of any person.
Section 48.50 Public Hearing
A variance for an existing non - conforming use may be extended, modified, or
revoked subject to a public hearing held in the manner provided for in Section 51 of
this Ordinance.
48 -3
ZONING ORDINANL_ SECTION 49
POWERS OF THE ZONING ADMINISTRATOR, THE PLANNING COMMISSION,
AND THE HISTORIC HERITAGE COMMITTEE
Section 49.10 Powers of the Zoning Administrator
The Zoning Administrator shall have the power to decide any question involving the
interpretation of any provision of this Ordinance and to determine the appropriate
zoning classification of uses not specifically mentioned in this Ordinance. The
Zoning Administrator's decision shall be final unless an appeal is taken to the
Planning Commission, as provided in Section 51, and the Planning Commission
overrules the Zoning Administrator's decision.
Section 49.11 Duties
The duties of the Zoning Administrator shall be undertaken by the Planning
Director of the City of Gilroy.
Section 49.20 Powers of the Planning Commission
The Planning Commission shall have the power to decide any question involving the
interpretation of any provision of this Ordinance forwarded by the Zoning
Administrator. The Planning Commission's decision shall be final unless an appeal
is taken to the City Council, as provided in Section 51, and the City Council
overrules the Planning Commission's decision by a majority vote.
Section 49.21 Interpretation of Uses
Whenever the Planning Director is in doubt as to the classification of a use
not specifically mentioned in this Ordinance, the determination shall be made
by the Planning Commission. The referral shall include a detailed description
of the proposed use and such other information as may be required.
Section 49.22 Other Policies, Rules and Regulations
The Planning Commission shall have authority to establish from time to time
such policies, rules and regulations not in conflict with other laws as it may
deem necessary to assure the proper administration and enforcement of this
Ordinance.
Section 49.30 Powers of the Historic Heritage Committee
The purpose and intent of the Historic Heritage Committee is to act as an advisory
board to the City Council and Planning Commission on issues relating to the
identification, protection, retention and preservation of historic sites and historic
neighborhoods in the City of Gilroy.
Section 49.31 Committee Membership
49 -1
The Historic Heritage Committee shall consist of five (5) members, each
appointed by the City Council. Terms shall be for two (2) years, and shall be
staggered. Members may serve up to a maximum of three (3) consecutive
terms. The members shall consist of:
(a) One member of the Planning Commission.
(b) One member of the City Council.
(c) One citizen member with training or experience in structural
rehabilitation.
(d) Two (2) citizen members knowledgeable in local history or
architecture.
Section 49.32 Committee Powers
The Historic Heritage Committee shall have the following powers and duties:
(a) To recommend to the Planning Commission and Council any building,
structure or other physical object or group of buildings, structures or
other physical objects that it has determined from review and
investigation; should be designated as a Historic Site or Neighborhood
Combining District. The recommendation shall contain a brief written
description of the building, structure or other physical object, and the
reasons for the recommendation, drawn from the criteria specified by
Zoning Ordinance section 27.30.
(b) To maintain and update a local register of historic neighborhoods and
historic sites within the City.
(c) To review and investigate architectural and site review requests for
property located within a Historic Site or Neighborhood Combining
District, as specified by section 27.40 of this ordinance.
(d) To review and investigate requests for demolition permits for any
building, structure or other physical object in the City, as specified by
section 27.50 of this ordinance.
(e) To review all applications for permits, environmental assessments,
environmental impact reports and other similar documents pertaining
to historic sites and historic neighborhoods.
(f) To make recommendations to the City's Street Naming Committee
regarding possible new street names from Gilroy's cultural and
historical past.
(g) To institute and support such programs and projects as will help make
the citizens of the City and its visitors aware of its origin, development,
and historic significance.
(h) To perform such other duties relating to city history and historic sites
and neighborhoods as the City Council requires.
49 -2
ZONING SECTION 50
PLANNING DEPARTMENT APPLICATIONS
Section 50.10 Designation
The Planning Department shall be responsible for creating, distributing, accepting, processing,
and filing applications including, but not limited to, the following:
(a) Variances and Minor Deviations (See Section 50.20)
(b) Reasonable Accommodation (See Section 50.23)
(c) Conditional Use Permits (See Section 50.30)
(d) Architectural and Site Approval (See Section 50.40)
(e) Planned Unit Development Approval (See Section 50.50)
(f) Residential Development Approval (See Section 50.60)
(g) Zoning Ordinance and or Zoning Map amendments (See Section 52)
All applications shall be accompanied by the materials identified in the application filing
requirements and the filing fees established from time to time by resolution of the City Council.
Section 50.20 Variances and Minor Deviations
Section 50.21 Variances
The Planning Commission shall receive, investigate, hear and take action upon every
application for a variance from the strict application of any of the provisions of this
Ordinance, excluding land use. It shall approve only such variances as are in harmony
with the general purpose and intent of the Zoning Ordinance and in accordance with the
specific regulations hereinafter set forth.
(a) A variance shall be approved only when the strict and literal interpretation of the
regulations in the particular case would involve practical difficulties or
unnecessary hardship, and only to the extent necessary to overcome such
difficulties or unnecessary hardship.
(b) The Commission shall hold a public hearing on each application for a variance
as provided in Section 51.
(c) A variance, in whole or in part, or subject to conditions may be approved by the
Commission if, from the information presented in the application or at the
hearing, the Commission finds all of the following:
(1) That there are exceptional or extraordinary circumstances applying to the
property involved or to the proposed use.
(2) That because of such exceptional or extraordinary circumstances, the
literal enforcement of specified provisions of this Ordinance would result in
practical difficulty or unnecessary hardship such as to deprive the
applicant of a substantial property right possessed by other owners of
property in the same class or district.
50 -1
(3) That the allowance of the variance will not, under the circumstances of the
particular case, be materially detrimental to the public welfare or materially
injurious to persons or property in the vicinity.
(4) That the results of allowing the variances as specified will be in harmony
with the general intent of the Zoning Ordinance.
(5) That the granting of a variance will not constitute the granting of a special
privilege greater than that provided for by the standard provisions of this
Ordinance for other properties in the vicinity and in the same zoning
district.
(d) In approving a variance, the Commission shall specify the character and extent
thereof. A variance may be made conditional. One of such conditions may be
the requirement of suitable guarantees to secure compliance and to protect the
public health, safety, convenience and general welfare. Once any portion of a
variance is utilized, all such conditions and specifications shall be immediately
operative, and the violation of any of them shall constitute a violation of the
Ordinance.
Section 50.22 Minor Deviations
Where an application is being made for a building permit for the construction or
installation of a building or structure which is prohibited unless there first be obtained a
variance in the setback, yard, parking or building site area requirements applicable to
such building or structure, the applicant for such building permit may file with the Zoning
Administrator an application for such variance. The application for the variance shall be
made on a form supplied by the Zoning Administrator and shall be set forth or be
accompanied by such information and evidence as the Zoning Administrator shall
require, including the evidence required by Section 50.21 of this Ordinance, and may
include or be accompanied by a written consent to the granting of the variance signed
by the owner or owners of each lot or parcel adjoining the site of the proposed building
or structure and the owner or owners of land across any street from such site. At the
time of filing such application for a minor deviation from this Ordinance, the applicant
shall pay any fee which may be established from time to time by resolution of the City
Council.
Upon receipt of an application for a variance filed pursuant to this Section, and after
determining that the requirements of Section 50.21 of the Ordinance have been met
and that the size, shape, topography, or location of said site, or the location of existing
buildings, or other conditions cause compliance with the applicable setback, yard or
building site area requirements impossible without practical difficulty or hardship, the
Zoning Administrator may without notice or hearing, approve the application for the
building permitLand such approval shall constitute the granting of a variance with
respect to the building or structure for which the application for the building permit is
made; provided however, the Zoning Administrator shall not give any such approval
which constitutes the granting of a reduction in excess of twenty -five percent (25 %) of
the applicable setback, yard or building site area requirements or up to four (4) stalls of
the parking requirements. The Zoning Administrator shall give notice of all such
approvals of minor deviations to the Planning Commission.
50 -2
In the event the Zoning Administrator declines to grant a minor deviation requested
pursuant to this Section, the applicant may file with the Planning Commission an
application, with full fees, for a standard variance pursuant to the provisions of Section
50.21 of this Ordinance.
Section 50.23 Reasonable Accommodation
(a) Purpose:
This section of the Zoning Ordinance has been established pursuant to the Federal
Fair Housing Amendments Act of 1988 (FFHAA), in order to provide people with
disabilities reasonable accommodation in rules, policies, practices, and procedures
that may be necessary to ensure equal access to housing. The purpose of this
section is to provide a process for individuals with disabilities to make requests for
Reasonable Accommodation in regard to relief from the various land use, zoning,
and development policies & procedures.
(b) Application:
1. Any person who requires reasonable accommodation, because of a disability, in
the application of a zoning law that may be acting as a barrier to fair housing
opportunities may do so on a form to be provided by the Planning Division.
2. If the project for which the request is being made also requires some other
planning permit or approval, then the applicant shall file the request together with
the application for such permit or approval.
(c) Notice of Request for Accommodation:
Written notice that a request for reasonable accommodation has been granted shall
be given as follows:
1. In the event that there is no approval sought other than the request for
reasonable accommodation, the notice shall be mailed to the owners of record of
all properties which are immediately adjacent to the property which is the subject
of the request.
2. In the event that the request is being made in conjunction with some other
process, the notice shall be transmitted along with the notice of the other
proceeding.
(d) Grounds for Reasonable Accommodation
In making a determination concerning the reasonableness of a requested
accommodation, the following factors shall be considered:
1. Special need created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures;
5. Alternative accommodations which may provide an equivalent level of benefit;
6. In the case of a determination involving a one - family dwelling, whether the
household would be considered a single housekeeping unit if it were not using
special services that are required because of the disabilities of the residents;
7. Whether the requested accommodation would impose an undue financial or
50 -3
administrative burden on the City; and
8. Whether the requested accommodation would require a fundamental alteration
of a City Program, which includes the Uniform Housing, Building and Fire Codes.
(e) Notice of Proposed Decision
1. Notice of the proposed decision shall be made in the same manner as provided
below.
2. Within ten (10) days of the date the notice is mailed, any person may make a
request for a hearing before the Planning Director, or his or her designee.
3. If no request for hearing is received, the proposed decision shall become a final
decision.
(f) Planning Director's Hearing
The Planning Director, or his or her designee, shall conduct a hearing on the
request for reasonable accommodation at which all reasonable evidence and
credible testimony shall be considered.
(g) Notice of Planning Director's Decision
1. Within thirty (30) days after the hearing, the Planning Director, or his or her
designee, shall issue a decision granting the request, including any
reasonable conditions, or denying the request.
2. The notice of decision shall contain the Planning Director's factual findings,
conclusions, and reasons for the decision.
3. The notice of decision shall be made in the same manner as set forth in
section 50.23 (e).
Section 50.30 Conditional Use Permits
Section 50.31 Issuance
(a) The term conditional use shall include every use listed in this Ordinance that
requires a conditional use permit. Conditional use permits shall be approved
only in accordance with the following regulations. Every such use is declared to
possess characteristics such as to require, in pursuit of the general intent of this
Ordinance, special review and appraisal in each instance.
(b) For the purposes of this Section, the Financial Incentive Program for the URM
Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the
program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM
Program ")
(c) Zoning code review and approval process requiring a conditional use permit
specifically for first story office uses for development projects involving the
URM Financial Incentive Program shall be suspended as provided for below.
(d) The provisions of Section 50.31, as amended, shall apply to all development
projects involving the URM Financial Incentive Program and only for a time
period up to five (5) years from the issuance of the building permit for the
50 -4
development project. For the purposes of this Section, "development project"
shall mean any project that requires granting approval for construction from the
City.
Section 50.32 Application
The Planning Commission shall receive, investigate, hear and decide upon every
application for a conditional use and, after the hearing, shall approve the issuance of a
use permit only if the evidence presented at the hearing establishes:
(a) That the proposed use is properly located in relation to the General Plan and to
the community as a whole and to other land uses and to transportation and
service facilities in the vicinity.
(b) That the proposed use, if it complies with all conditions, upon which approval is
made contingent, will not adversely affect other property in the vicinity, or cause
any damage, hazard, or nuisance to persons or property.
Section 50.33 Planning Commission Conditions
The Commission may provide that issuance of the use permit shall be contingent upon
acceptance and observance of specified conditions, including, but not limited to, the
following matters:
(a) Conformity to plans and drawings submitted with the application.
(b) Special yards, open spaces, buffer strips, walls, fences, concealing hedges,
landscaping.
(c) Performance characteristics, related to the emission of noise, vibration and other
potentially dangerous or objectionable elements.
(d) Limits on time of day for the conduct of specified activities.
(e) Guarantees as to compliance with the terms of the approval.
Section 50.34 Reapplication
Applicants wishing to modify or waive any condition imposed by a conditional use
permit may reapply for a conditional use permit, subject to all filing requirements and
filing fees. The Planning Commission may modify or waive any conditions if it finds that
such modification or waiver is necessary for the preservation of an applicant's
substantial property right or to avoid practical difficulties or unnecessary hardship, and
that the modification or waiver would be consistent with the intent of this Ordinance.
Section 50.35 Expiration
Whenever a use for which a conditional use permit has been issued is discontinued for
one (1) year, such use shall not be re -established unless it is authorized under new
proceedings.
KIM
Section 50.36 Downtown Special Use Permits
This section shall apply whenever a Downtown Special Use Permit is required for public
dancing in large dance venues pursuant to sections 19.13 (a) and 19.13 (b) of the
Gilroy Zoning Ordinance and/ or Chapter 8 of the Gilroy City Code.
(a) Criteria
The Community Development Director or his or her designee shall issue a
Downtown Special Use Permit for venues meeting the criteria set forth in sections
19.13 (a) and 19.13 (b) of the Gilroy Zoning Ordinance and/ or Chapter 8 of the
Gilroy City Code.
(b) Applications Requirements
(1) Any person desiring Downtown Special Use shall file an application with the
Planning Division of the Community Development Department on standard
Downtown Special Use Permit application form supplied by the Planning
Division. All applicants shall provide the information and documents required
pursuant to section 50.37.6 (2), below.
No Downtown Special Use Permit shall become effective until such time as the
permit has been issued by the Community Development Director or his or her
designee, and a Public Dance Permit has been issued by the Chief of Police
pursuant to Chapter 8 of the Gilroy City Code.
The applicant/permittee shall have an affirmative and ongoing obligation to
update and keep current the information contained in the application. Failure to
keep this information current shall be grounds for revocation.
(2) All applications for Downtown Special Use Permit shall include all of the
following information:
a. Name, address and phone number of the venue for which a the
Special Downtown Use Permit is sought;
b. Name of the primary business operating at the proposed venue
which shall be considered the applicant/permittee), and name,
signature and phone number of the general manager of the business;
c. Name, signature and phone number of the owner of the venue for
which a public dance permit is sought ( if different from the applicant/
permittee) or the promoter of the public dance if not the owner and/ or
applicant; and
d. Floor plan of the venue identifying all rooms, all entrances and exits,
the performance area, and the dance floor area shall be provided;
e. Security, lighting, parking plans; and
f. Operational plan indicating such information as the proposed days and
hours, if food service is to be provided, type of entertainment to be
provided, anticipated attendance, and other information as may be
reasonable required in review of the application.
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(c) Applications and Permit Fees
The City council shall set an annual, nonrefundable permit fee for the Downtown
Special Use Permits, which shall be included in the City's Comprehensive Fee
Schedule established by the resolution of the City Council, which may be amended
from time to time. The permit fee shall be submitted at the time the permit
application is submitted.
(d) Applications Completeness
Within thirty (30) days from the date the application for Downtown Special Use
Permit is date - stamped received at the Planning Division, the Community
Development Director or his or her designee shall determine if it is complete, and if
incomplete, shall notify the applicant in writing of its specific deficiencies. If a written
determination is not provided to the applicant within thirty (30) days after it is
submitted to the Planning Division, the application shall be deemed complete.
(e) Application Denial
The Community Development Director or his or her designee shall deny the
application for a Downtown Special Use Permit for any of the following reasons:
(1) The proposed venue or use does not meet the standards set forth in Section
50.37, or does not conform to the requirements of the Zoning Ordinance or
any provision of the Gilroy City Code.
(2) An applicant has failed to provide information required on the application for
the issuance of the Downtown Special Use Permit or has falsely answered a
question or request for information on the application form.
(3) The subject premises for which a permit is required has not been approved
as being in compliance with health, fire and building codes by the department
or agency responsible under law for investigating said compliance.
(4) The grating of the application would violate a City or County, State or Federal
stature, ordinance, regulations or court order.
(5) The applicant has had a Downtown Special Use Permit under this section
revoked within the preceding twelve (12) months.
(f) Permit. Renewal
(1) Any unrevoked Downtown Special Use Permit issued pursuant to this section
may be renewed upon written application to the Community Development
Director or his or her designee made at least thirty (30) calendar days before
the expiration date of the current, valid Downtown Special Use Permit and
upon payment of the then current non - refundable application renewal fee. A
Downtown Special Use Permit shall remain valid pending the decision of the
Community Development Director or his or her designee if the permittee has
timely filed a completed application for renewal with proper fee payment. For
good, cause, the Community Development Director or his or her designee
may extend the time for filing a renewal application for up to ninety (90) days
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(h)
and may extend the prior Downtown Special Use Permit pending decision on
the renewal application.
(2) The application for renewal shall supply current information with respect to
each category of information required in the initial application. Within thirty
(30) days from the date the renewal application for a Downtown Special
Permit is date - stamped and received at the Planning Division, the Community
Development Director or his or her designee shall determine if it is complete,
and if incomplete, shall notify the applicant in writing of its specific
deficiencies. If a written determination is not provided to the applicant with
thirty (30) days after it is submitted to the Planning Division, the application
shall be deemed complete.
(3) The Community Development Director or his or her designee shall make a
decision on a application for the renewal of a Downtown Special Use Permit
within three (3) months from the date the application is deemed to be
complete in all cases expect where a negative declaration or environmental
impact report is required pursuant to CEQA such that the processing of the
application cannot be completed within the above time limit. In such
instances, the application shall be diligently processed, but the timeliness set
forth in the State law will control.
(4) The Community Development Director or his or her designee may renew the
Downtown Special Permit without change to the original conditions of
approval, with new, amended or deleted conditions, or may deny the renewal.
Permit Expiration
Any unrevoked permit issued pursuant to this section shall, by its own terms, expire
no later than one (1) year after its issuance.
Revocation
Any Downtown Special Use Permit issued pursuant to the provisions of this section
may be revoked in accordance with the procedures set forth below.
(1) The Planning Division Manager shall report all facts and information relating
to the alleged violation(s) of this section or of the conditions of Downtown
Special Use Permit to the Community Development Director or his or her
designee, who shall set the matter for hearing not less than two (2) weeks nor
later than thirty (30) days from the date the report.
(2) Written notice of the hearing on the proposed Downtown Special Use Permit
revocation, together with written notifications of the specific grounds of
complaint against the permittee, shall be personally delivered or sent by
certified mail to the address on the permittee's most recent application for
Downtown Special Use Permit at least ten (10) days prior to hearing.
(3) The Community Development Director or his or her designee shall revoke a
Downtown Special permit if he or she makes one or more of the following
findings:
(a) The use for which the Downtown Special Permit was granted is being
exercised in violation of any of the provisions of this Section.
(b) The use for which the Downtown Special Use Permit was granted is
being exercised contrary to the terms or conditions of such permit.
(c) The permittee gave fraudulent or misleading information in the
materials submitted during the application process that tended to
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enhance the application's opportunity for obtaining a Downtown
Special Use Permit.
(d) The permittee failed to provide the City with update application
information as required by section 50.37.13.
(e) The use for which the Downtown Special Use Permit was granted is
being exercised so as to be detrimental to be public health and safety.
(f) The use for which the Downtown Special Use Permit was granted is
being exercised so as to constitute a nuisance.
(g) The use for which the Downtown Special Use Permit was granted is
being exercised contrary to or in violation of any City or County, State
or Federal Statute, ordinance, regulations, or court order.
(4) The Community Development Director or his or her designee shall act to
revoke modify, or not revoke the Downtown Special Use Permit not later than
ten (10) days following the termination of the public hearing on the
revocation, unless this time limit is extended by agreement of the parties
having an interest in the proceedings.
(i) Appeals
(1) Within ten (10) calendar days after a decision of the Community
Development Director or his or her designee on Downtown Special Use
Permit, the Community Development Director or his or her designee shall
mail a copy of his or her decision, and findings (if any), to the applicant and/
or permittee and to any other person who has filed a written request for such
notifications.
(2) Any person may appeal a decision of the Community Development Director
or his or her designee made pursuant to this section to the City Council by
submitting a written appeal along with the applicable fee and request for
hearing to the City Clerk within twenty (20) calendar days of the date of the
decision by the Community Development Director or his or her designee.
(3) Consideration of appeal of the Community Development Director or his or her
designee decision on Downtown Special Use Permit shall be by public
meeting. Notices shall be mailed pursuant to the provisions of Section 50.32
(b) of the Gilroy Zoning Ordinance, and the public meeting shall be held
within thirty (30) calendar days of the filing or initiation of such appeal..
(4) The City Council following the termination of the public meeting, shall within
fifteen (15) calendar days after the City Council determines whether the
Downtown Special Permit is approved or disapproved, notify the applicant by
forwarding through the mails a copy of the decision to the address on the
application, and to any other person who has filed a written request for such
notification.
Q) Judicial Review
After a final decision of the City Council on an appeal of the decision by the
Community Development Director or his or her designee on Downtown Special
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Use Permit, the applicant or permittee or other person having standing may seek
prompt judicial review of such action in any court of competent jurisdiction. The
time limit for seeking review of the City's decision is subject to the Code of Civil
Procedure section 1094.5.
(k) Conduct Review
In addition to other remedies for violation of the Zoning Ordinance, the conduct
of the any public dancing within the City in violation of any of the terms of this
section is hereby found and declared to be a public nuisance.
Section 50.40 Architectural and Site Review
The intent of architectural and site approval is to maintain or improve the character and
integrity of a neighborhood or area by promoting excellence of development, preventing undue
traffic hazards or congestion, and encouraging the most appropriate development and use of
land in harmony with the surrounding environment and in accordance with the General Plan.
Section 50.41 Review
The Planning Director shall review and decide applications for architectural and site
approval, and shall be bound by any uniform standards adopted by the City Council or
Planning Commission relating to the intent, scope or review of architectural and site
approval requirements. The Planning Director shall review and may issue architectural
and site approval for the following uses:
(a) Construction, installation, or major remodeling of structures in an industrial,
commercial, professional office, public facilities or open space zone. Installation
includes the location of trailers and mobile units on a site, unless such structures
are temporary in nature in compliance with Section 47, "Temporary Uses." Major
remodeling includes building additions, as well as alterations within any twelve
(12) month period exceeding fifty percent (50 %) of the floor area, facade or value
of the existing building. The value shall be determined by the City Building
Department. Major interior remodeling projects may be exempt from review if
they are determined by the Director of Planning not to be significant in terms of
potential impacts to surrounding land uses and meet all other minimum City
standards.
(b) Residential developments having two (2) or more total units on a parcel.
(c) Relocated or moved buildings.
(d) Changes in Historic Site or Neighborhood Combining Districts which the
Planning Director determines are not significant, and thereby do not require
further review. The Historic Heritage Committee shall review and make
recommendations to the Planning Commission on applications for architectural
and site approval which involve significant changes, and shall be bound by any
uniform standards adopted by the City Council or Planning Commission relating
to the intent, scope or review of architectural and site approval requirements.
The Planning Commission shall review and may issue architectural and site
approval for the following uses:
031f
(1) Remodeling or construction in a Historic Neighborhood Combining District,
as defined in Section 27.41, involving significant changes, as determined
by the Planning Director.
(2) Remodeling or construction in a Historic Site Combining District, as
defined in Section 27.42, involving significant changes, as determined by
the Planning Director.
(e) Development of four or more single family residential parcels which have been
created from the same Parcel Map, Tentative Map or Final Map.
(f) Site improvements in commercial and industrial districts intended to allow for
establishment of a new use or expansion of an existing use on property for which
prior legal improvements have not been installed. Such new improvements
could include, but not be limited to, grading, paving and fencing.
(g) Homes and accessory structures requiring building permits within the Residential
Hillside zoning district.
Any other remodeling, except as indicated above, shall be exempt from architectural
and site approval. A building permit shall not be issued until architectural and site
approval is obtained from the Planning Director or the Planning Commission, if
appealed.
Section 50.42 Filing of Application
Applications for architectural and site approval shall be filed with the Planning
Department. The department shall prescribe the form and content of the application. A
site development plan and architectural design drawings shall accompany the
application. If development is to be carried out in stages, each stage shall be shown on
a master plan of development.
Section 50.43 Scope of Review
The Planning Director shall review the application to insure that the development
addresses and adequately meets requirements for the following:
(a) Traffic safety and efficiency.
(1) Traffic volume and conditions on abutting or access streets.
(2) Street improvements, including lighting.
(3) Circulation patterns within the development, including the locations and
dimensions of vehicular and pedestrian entrances, exits, drives,
walkways, buildings and other related facilities.
(4) Adequacy of off - street parking.
(5) Surfacing, lighting and landscaping of off - street parking facilities.
(6) Location, quantity, height of materials, and shape of landscaped areas.
(7) Adequacy, location, arrangement and dimensions of truck loading and
unloading facilities.
(b) Outdoor advertising and signs:
(1) Potential traffic hazards.
(2) Appearance.
(3) Harmony with adjacent development.
(4) Favorable image of the City.
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(5) Number, area, bulk, shape, height, location, separation, clearance,
projection, illumination, color and landscaping of such signs.
(c) Site development:
(1) Physical characteristics of the site.
(2) Existing and proposed easements.
(3) Appearance and harmony of buildings with adjacent development, the
character of the neighborhood, and existing and projected public
improvements.
(4) Location, appearance and orientation of structures, open spaces and
activities.
The Planning Director may request any information, including maps, impact reports,
and /or design criteria, deemed necessary to evaluate the application.
Section 50.44 Conditions
The granting of architectural and site approval may include such conditions as the
Planning Director deems reasonable and necessary under the circumstances to carry
out the requirements of the zoning district and the intent of architectural and site
approval, and to insure that the development will meet the requirements enumerated in
Section 50.43. The following conditions shall be standard on all architectural and site
approvals, where applicable:
(a) Landscaping: Landscaping plans including specifications for an irrigation system
shall be approved by the Planning Director in accordance with the adopted
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(5)
Determination of boundaries, building setbacks and uses intended.
(d)
Landscaping:
(1)
Harmony with adjacent development.
(2)
Concealment of storage areas, utility installations, or other unsightly
development.
(3)
Quantity, location, height and materials of walls and fences, hedges,
screen planting and landscaped areas.
(4)
Planting of ground cover or other surfacing to prevent erosion and reduce
dust.
(5)
Unnecessary destruction of healthy trees..
(6)
Facilities and methods of insuring continued maintenance of landscaping.
(e)
Drainage and flood control and health standards:
(1)
Effect on flood control and storm and surface water drainage facilities.
(2)
Additional flood control and drainage improvements required.
(3)
Minimum health standards.
(4)
Consistency with the City's adopted Flood Plain Management Ordinance.
(f)
Fire protection:
(1)
Additional fire protection improvements required.
(2)
Location, number and type of such improvements.
(3)
Adequacy of the water supply for fire protection purposes.
(g)
Environmental impacts:
(1)
Consistency with the City's adopted Environmental Review Procedures
and Process.
(2)
Consistency with the California Environmental Quality Act (CEQA).
The Planning Director may request any information, including maps, impact reports,
and /or design criteria, deemed necessary to evaluate the application.
Section 50.44 Conditions
The granting of architectural and site approval may include such conditions as the
Planning Director deems reasonable and necessary under the circumstances to carry
out the requirements of the zoning district and the intent of architectural and site
approval, and to insure that the development will meet the requirements enumerated in
Section 50.43. The following conditions shall be standard on all architectural and site
approvals, where applicable:
(a) Landscaping: Landscaping plans including specifications for an irrigation system
shall be approved by the Planning Director in accordance with the adopted
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Consolidated Landscaping Policy and Zoning Ordinance Section 38, prior to
issuance of a building permit. The landscaping shall be continuously maintained
in an orderly, live, healthy, and relatively weed -free condition, in accordance with
the approved specific landscape plan.
(b) Trash Enclosures: All trash enclosures shall consist of visually solid fences and
gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard
trash enclosure design plan, or a similar design approved by the Planning Director.
All trash enclosures shall be located in accordance with the approved site plan and
the Uniform Fire Code. In addition, recycling areas must be provided within the
trash enclosures, in accordance with the following regulations:
1. Areas for recycling shall be adequate in capacity, number, and distribution to
serve the development project.
2. Dimensions of the recycling area shall accommodate receptacles sufficient to
meet the recycling needs of the development project.
3. An adequate number of bins or containers to allow for the collection and loading
of recyclable materials generated by the development project should be located
within the recycling area.
(c) Exterior Lighting: No unobstructed beam of exterior lighting shall be directed
outward from the site toward any residential use or public right -of -way.
(d) Mechanical Equipment: Mechanical equipment to be located on the roof of a
building shall be screened by an architectural feature of the building such that it
cannot be seen from ground level at the far side of the adjacent public right -of-
way.
(e) Outdoor Storage: All outdoor storage and loading areas must be screened from
public view with a combination of landscaping, solid fencing, and building design
and orientation.
(f) All backflow devices shall be painted an earth tone color, so that they blend with
their surroundings, and shall be heavily landscaped.
Other conditions may include, but are not limited to, conditions regarding site planning,
architecture, engineering, landscaping, street dedication, flood control and drainage,
street drainage and flood control improvements, building setbacks, off - street parking,
off - street loading, outdoor advertising, street lighting, survey of property, fire protection,
excavation, grading, sewage disposal, water supply, geological engineering, and
environmental concerns.
Such conditions may also include the execution of a land development agreement with
the City to fulfill the conditions of architectural and site approval within a specified
period of time. Said agreement may be secured by a good and sufficient improvement
security. A liability insurance policy in amounts and form may be required.
Section 50.45 Inspection Prior to Use and Occupancy
The conditions of an architectural and site approval may prohibit a building, structure or
land use to be occupied until an inspection has been made and it is found that the
building, structure or land use complies with all the conditions required to be completed
prior to occupancy. If a building permit is issued for a building or structure which is
subject to an architectural and site approval, the Building Inspector shall not approve a
50 -13
final inspection of such building or structure until the Planning Director or an authorized
representative has inspected the building or structure and approved the use and
occupancy.
Section 50.46 Notification of Approval
Upon the grant of an architectural and site approval, the Planning Department shall
prepare and deliver a letter of approval with any conditions attached thereto to the
applicant. The Planning Director shall report to the Planning Commission all approvals
and disapprovals.
Section 50.47 Terms of Approval
(a) Time Limits
If any development for which architectural and site approval has been granted
has not obtained building permits within one (1) year from the date of notification
of approval, the approval shall be deemed automatically revoked. Upon
application, an extension of time may be granted by the Planning Director.
(b) Transfer
Architectural and site approval shall be deemed revoked if the use for which the
approval is granted is changed unless, upon application to the Planning Director,
the approval is transferred. The Planning Director shall transfer the approval to
the new use if the previous approval meets the requirements of this Section for
the changed use. If the Planning Director does not reissue the approval, a new
application must be filed.
(c) Conformance to Approval
Development for which architectural and site approval has been granted shall
conform to the approval and any conditions attached thereto.
(d) Modification
Upon request of the applicant, modifications of the approved plan, which meet
the requirements of this ordinance, may be approved by the Planning Director.
(e) Appeal
Anyone so desiring may appeal the decision of the Planning Director by written
request to the Planning Commission and payment of the appeal fee within twenty
(20) days of the Planning Director's determination.
Section 50.50 Planned Unit Development Approval
Section 50.51 Development Approval Required
If a parcel is located in a planned unit development (PUD) combining district as
provided in Section 26, a building permit shall not be issued for any development, or
part thereof, until the Planning Commission and City Council have approved such
development as herein provided. A planned unit development shall be defined as:
(a) Land which is planned and developed as a whole.
(b) A single development operation or a definitively programmed series of
development operations, including all lands and buildings.
(c) Including principal and accessory structures and uses substantially related to the
character of the surrounding district.
50 -14
(d) A program of comprehensive and detailed plans which will include all site and
architectural design plans.
(e) A program that should include the operation and maintenance of such areas and
facilities that will be for common use and benefit by some or all of the occupants
of the development, but in most cases not to be provided, operated or
maintained at the general expense of the City of Gilroy.
Section 50.52 Application Procedures
Any applications for approval of a planned unit development design shall be on a form
prescribed for this purpose by the City of Gilroy, and shall be accompanied by a
development plan showing the use or uses, dimensions and locations of proposed
structures, vehicular and pedestrian circulation, parking, public uses, and landscaping
and open space. Architectural drawings and sketches illustrating the character of the
proposed design shall also be included. Such other pertinent information shall be
included as may be required by the application filing requirements.
A planned unit development (PUD) design may be processed concurrently with or
subsequent to establishment of a PUD overlay on a property. In either instance, the
PUD design shall be processed as a zone change according to the provisions of section
52 of this ordinance.
Section 50.53 Planned Unit Development Approval
The Planning Commission shall review each planned unit development (PUD)
application upon receipt of the design review report from the Planning Director. The
Commission may deny the application or recommend to the City Council that approval
be granted as submitted or granted subject to various conditions. Within thirty (30)
days of the receipt of the recommendation for approval from the Planning Commission,
or appeal of a denial by the Planning Commission, the City Council shall review the
application. The City Council shall consider the report of the Planning Commission, but
shall not be bound thereby. Upon the close of the hearing, the City Council may deny,
grant approval as submitted, or grant approval subject to such conditions as it deems
necessary (in addition to or other than those recommended by the Planning
Commission). Any planned unit development shall be subject to all conditions of
approval, and shall be excepted from regulations of the base zone designation only to
the extent specified in the approved plans.
Section 50.54 Necessary Findings
In order to grant planned unit development (PUD) approval, the Council must make the
following findings that the proposed planned unit development shall:
(a) Conform to the Gilroy General Plan in terms of general location and standards of
development.
(b) Provide the type of development which will fill a specific need of the surrounding
area.
(c) Not require urban services beyond those which are currently available.
50 -15
(d) Provide a harmonious, integrated plan which justifies exceptions, if such are
required, to the normal requirements of this Ordinance.
(e) Reflect an economical and efficient pattern of land uses.
(f) Include greater provisions for landscaping and open space than would generally
be required.
(g) Utilize creative, aesthetic design principles to create attractive buildings, open
space and site design to blend with the character of surrounding areas.
(h) Not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas.
(i) Provide adequate access, parking, landscaping, trash areas and storage, as
necessary.
Section 50.55 Time Limits
If any development for which a planned unit development approval has been granted
has not obtained building permits within one (1) year from the date of notification of
approval, the approval shall be deemed automatically revoked. Upon application, an
extension of time may be granted by the City Council.
Section 50.56 Violations and Revocation of Approval
Planned unit development (PUD) approval may be revoked in any case where any of
the conditions of approval have not been complied with. In such cases, the Chief
Building Official shall require all work to cease. Within thirty (30) days after said order
to cease work, the Planning Director shall forward a copy of the findings of such
violation to the Planning Commission for hearing. The applicant shall also be sent
notice at least ten (10) days prior to the date of such hearing. If the Planning
Commission finds that a violation has occurred, the Planning Commission shall require
abatement or removal of the violation. The services of any qualified experts, employed
by the City to advise in establishing a violation, and all costs of abatement or removal
including reasonable attorney fees, shall be paid by the violator if said violation is
established. If the violation is not established, the City shall pay said costs.
Section 50.57 Revisions
Proposed modifications to the approved planned unit development (PUD) shall be
referred to the Planning Director, who may approve the proposed modifications only if
they are in substantial conformance with the conditions of approval and conform to the
requirements of the underlying zoning district. If found to be significantly out of
conformance, no revisions of the original terms of approval shall occur unless the
applicant reapplies for approval of the modified planned unit development to the
Planning Commission and such approval is granted by the City Council.
Section 50.60 Residential Development
Section 50.61 Statement of Intent
(a) Encourage a rate of growth which will not exceed the City's ability to provide
adequate and efficient public services (including sewer, water, police, fire, streets,
50 -16
(b)
(c)
(d)
(e)
(f)
(g)
parks, general administration, etc.) or the ability of the Gilroy Unified School District
to provide adequate schools, or the ability of the local economy to support such
growth.
Maintain and improve the quality of the environment considering the City's natural
setting, including hillsides, water courses, viable agricultural /open lands,
recreational, historic and scenic areas.
Create a process that fosters a strong relationship between jobs and housing in
order to encourage and promote a balanced community with adequate housing to
meet the needs of local employment and residents.
Encourage and promote the construction of an appropriate share of the regional
need for housing.
Encourage and promote housing programs and activities to enable the City to meet
the needs of all economic segments of the community.
Provide and maintain a sound economic base for the City.
Promote the development and implementation of Specific Plans and Master Plans
within the City of Gilroy.
Section 50.62 Application of Ordinance
(a)
(b)
The provisions of this Residential Development Ordinance shall apply to all
residential development projects proposed to be constructed within the City of
Gilroy, except for those residential development projects specifically listed as
exempt in paragraph (b) following.
The following types of residential projects are exempted from the provisions of this
Residential Development Ordinance, except that projects specifically exempted
under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals
as described in Section 50.63(a). A project may not qualify for more than one of the
following exemptions.
(1) A Small Project Exemption may be granted to projects proposing twelve (12)
or fewer dwelling units which meet the following criteria:
a. The water system, sewer system, and street system must be adjacent to the
property boundary;
b. No project that requires more than twelve (12) units to completely build outthe
property is eligible for this exemption. It is specifically the intention of this
requirement to eliminate the possibility of further development on the property
through further subdivision or the construction of more than twelve (12) units;
c. Existing parcels of land that are larger than the square footage required to
develop under this exemption and which are divided into smaller parcels after
October 4, 2001, shall not be allocated units under this exemption even if the
new parcels otherwise meet the criteria. This requirement is intended to
preclude the possibility of a large parcel being divided to qualify for the Small
Project Exemption;
d. The project will not extend infrastructure beyond the boundaries of the project
site; and
e. The proposed lot sizes are consistent with the size of the lots surrounding the
site.
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All projects submitted under this Small Project Exemption category shall require City
Council review and approval. Tentative maps submitted with an application for this
exemption shall be accompanied by an Architectural and Site Approval application,
except that projects proposing to create single family lots for custom - designed and
built homes are exempt from simultaneously submitting an Architectural and Site
Approval application.
Projects proposing more than twelve (12) dwelling units submitted for a Small
Project Exemption, may be considered by the City Council and granted the
exemption if the City Council determines that the project has all of the following
special circumstances.
1. The project meets the intent of the RDO Small Project Exemption;
2. The project needs only a few more than twelve units to completely build
out; and
3. The project will not create any remainder lots.
(2) Replacement dwellings are exempt provided that the number of exempted
new dwelling units shall not exceed the number of replaced dwelling units by
more than four (4). Relocation of dwelling units existing within Gilroy to
another site shall be exempt.
(3) A residential development project sponsored by a non - profit organization
funded by federal, state, or local government is exempt, so long as such
organization is one of the following: 1) an organization that receives annual
operating grants in excess of $100,000 from government sources, including
government chartered intermediaries; or 2) an organization that qualifies as a
Community Housing Development Organization (CHDO), as defined by the
California Department of Housing and Community Development.
Development projects receiving this exemption shall consist of no more than
seventy -five (75) units, unless the development project: (1) is submitted
pursuant to a Master Plan or Specific Plan; and (2) is consistent with the "ND
Neighborhood District: regulations set forth in Section 10 of the Gilroy Zoning
Ordinance. Projects requesting residential dwelling unit allocations under
this exemption must be specifically approved for the exemption by the City
Council, with such approval or disapproval at the sole discretion of the
Council. Such projects shall not be immediately adjacent to another project
exempted under subsection (3) or (4) of this Section within the previous three
(3) years except where the City Council approves a specific exemption:
The City Council shall grant an exemption under this subsection only if the
City Council determines the project would substantially benefit the City, and
would not create significant negative impacts to public facilities or to
providers of public services in the community or to the Gilroy Unified School.
District. The City Council shall also consider the following elements in
determining whether to grant this exemption:
a. The number of exempt units which have already been granted during the
current RDO cycle, and the number of years left in the cycle;
50 -18
b. The affordability of the project;
c. The need for the types of units which are proposed;
d. The number of affordable housing projects constructed or proposed within
the project vicinity;
e. The diversity of unit type and architectural styles which are proposed in the
entire development; and
f. The site design and proposed building elevations.
All requests for an exemption under this subsection shall be processed through an
RDO affordable housing exemption application. Public hearings before the
Planning Commission and City Council shall be held to consider this application.
(4) A project which meets the standards established by the "RDO Affordable
Housing Exemption Procedure" is exempt if the project consists of seventy -
five (75) units or less and the project is specifically approved for exemption
by the City Council. Such projects may not be immediately adjacent to
another project exempted under subsection (3) or (4) of this Section within
the previous three (3) years except where the City Council approves a
specific exemption.
The City Council shall grant an exemption under this subsection only if the
City Council determines the project would substantially benefit the City, and
would not create significant negative impacts to public facilities or to
providers of public services in the community or to the Gilroy Unified School
District. The City Council shall also consider the following elements in
determining whether to grant this exemption:
a. The number of exempt units which have already been granted during the
current RDO cycle, and the number of years left in the cycle;
b. The affordability of the project;
c. The need for the types of units which are proposed;
d. The number of affordable housing projects constructed or proposed within
the project vicinity;
e. The diversity of unit type and architectural styles which are proposed in the
entire development; and
f. The site design and proposed building elevations.
All requests for an exemption under this subsection shall be processed through
an RDO affordable housing exemption application. Public hearings before the
Planning Commission and City Council shall be held to consider this application.
(5) Large residential projects, which have received an approved Residential
Development allocation of at least one hundred (100) units, may receive an
allocation credit when specific portions of their project have been sold to a
secondary builder or contractor. This one -for -one residential unit allocation
credit shall be limited to a maximum of four (4) units per year, per project.
This allocation credit shall only be granted to the primary project when four
(4) or fewer units are transferred to a secondary party. A secondary builder
or contractor constructing four (4) or fewer residential units under this
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provision shall not be subject to the Residential Development performance
agreement covering the primary development.
(6) An Infill Exemption may be granted to projects proposing four (4) or fewer
dwelling units that meet the following criteria:
a. All street improvements must be in place, including water, sewer, and
storm drains;
b. The project must be surrounded by developed property, except that the
project may be adjacent to an undeveloped or underdeveloped property
which itself would otherwise qualify under this exemption; and
c. The project shall not be located on the edge of a developed area of the
City, so that it, if built, would create or extend development in any way
into a previously undeveloped area of the City.
(7) A project proposing a single dwelling unit shall be granted a Non -
discretionary Single Unit Exemption if it meets the following criteria:
a. No discretionary approval from the City is required;
b. The project is located in either the R1 or Al zoning district; and
c. No other dwelling units exist on the property.
(8) A project proposing a single dwelling unit may qualify for a Discretionary
Single Unit Exemption if it meets the following criteria:
a. A discretionary approval from the City is required; and
b. No infrastructure is required as a prerequisite to the development of the
property.
(9) Transitional housing units that meet the standards established by the City's
adopted Transitional Housing Policy are exempt if specifically approved for
exemption by the City Council. A project that receives an exemption for its
transitional housing component under this subsection (9) may also be eligible
to receive exemptions for other residential components of its development
pursuant to this Section 50.62.
(10) Projects located within the City's Downtown Commercial area as defined in
the General Plan if specifically approved for exemption by the City Council.
Exemptions in this category will not be tabulated in the ten -year housing
goal.
(11) RDO Interim Exemption for Projects on Properties with Previously Awarded
Allocations: No RDO allocation shall be required for a project that meets all
the following criteria:
a. The project must be located within City limits by the effective date of this
ordinance.
b. All necessary discretionary planning applications for the project, including
a request for performance agreement approval, must be submitted and
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deemed complete for processing no later than April 3, 2014.
c. All discretionary planning approvals for the project, including performance
agreement approval, must be obtained within one year of the
determination that the project is complete for processing. This deadline
may be extended at the discretion of the City Council upon written
request by the project applicant prior to the deadline and upon a finding
by the City Council that the failure to obtain planning approvals was due
to circumstances beyond the applicant's control.
d. The performance agreement shall be on a form provided by the City and
shall include, but not be limited to, the following:
1. For project requiring a final map — that the project receive final map
approval within six months of the last discretionary planning approval
and that building permits be received for all units in the project within
six months of approval of the final map.
2. For a project that does not require a final map — that building permits
be received for all units in the project within six months of approval of
the last discretionary planning application. These performances
agreement requirements shall also be conditions of the discretionary
project approvals.
e. An Applicant shall make separate application to the City Council for an
RDO Interim Exemption. Approval of the exemption by the City Council
shall be required prior to a determination that the project is complete for
processing.
f. The proposed project must be of a quality that is equivalent to or greater
than the project for which the current allocation was approved. For the
purpose of this criterion, quality is defined to include site design, building
design and project amenities.
g. All discretionary approvals for the project must be reviewed by the
Planning Commission and approved by the City Council. Public hearings
are required pursuant to section 51.31 of this Ordinance.
(12) RDO Interim Exemption for Projects on Properties Without Previously
Awarded Allocations: No RDO allocation shall be required for a project that
meets all of the following criteria:
a. The project must be located within City limits and zoned for resident use
by the effective date of this ordinance.
b. Properties that have a residential zoning other than R4 High Density
Residential shall meet the following criteria:
1. All necessary discretionary planning applications for the project,
including a request for performance agreement approval, must be
submitted and deemed complete for processing no later than April 3,
2014.
2. All discretionary planning approvals for the project, including
performance agreement approval, must be obtained within one year
of the determination that the project is complete for processing. This
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deadline may be extended at the discretion of the City Council upon
written request by the project applicant prior to the deadline and upon
a finding by the City Council that the failure to obtain planning
approvals was due to circumstances beyond the applicant's control.
3. The performance agreement shall be on a form provided by the City
and shall include, but not be limited to, the following:
i. For a project requiring a final map — that the project receive final .
map approval within six months of the last discretionary planning
approval and that building permits be received for all units in the
project within six months of approval of the final map.
ii. For a project that does not require a final map — that building
permits be received for all units in the project within six months of
approval of the last discretionary planning application.
These performance agreement requirements shall also be conditions
of the discretionary project approvals.
4. All discretionary approvals for the project must be reviewed by the
Planning Commission and approved by the City Council. Public
hearings are required pursuant to section 51.31 of this Ordinance.
c. Properties that have a residential zoning of R4 High Density Residential
shall meet the following criteria:
1. All discretionary approvals for the project must be reviewed by the
Planning Commission and approved by the City Council. Public
hearings are required pursuant to section 51.31 of this Ordinance.
Section 50.63 Annual Numerical Limits
(a) Criteria and Procedure for Setting Long -range Housing Goals
The City Council, after considering economic, public service, environmental,
housing and other information it may deem relevant to the residential
development program, and the City's regional share of housing as
established by the State of California, shall determine the maximum total
number of dwelling units (including projects exempted by Subsections
50.62(b)(1), (3), (4), and (5)) that should be built during a subsequent ten -
year goal period, consistent with the purpose and intent of Section 50.61.
Any ten -year goal may be revised only at five (5) year intervals within the ten -
year goal period, at which time another goal may be set for a ten -year period
starting the following calendar year. Whenever the Council sets a ten -year
goal, it shall also set a five -year goal, which shall not exceed sixty percent
(60 %) of the ten -year goal that encompasses it.
(b) Criteria and Procedure for Setting Numerical Limits
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Each year of a ten -year goal period, the City Council shall hold a public
hearing, which may be continued from time to time, and shall adopt a
resolution reaffirming, readjusting, and resetting the Numerical Limits for
each of the subsequent calendar years remaining in the ten -year goal period.
In setting the Numerical Limits, the City Council shall consider the adopted
five- and ten -year housing goals, the number of units previously- issued
permits under assigned build -out schedules, units for which build -out
schedules have been assigned, and units previously determined to be
exempt from this Ordinance under Section 50.62(b). The Numerical Limit for
a given calendar year shall be expressed as the total number of dwelling
units, for projects not exempted by Section 50.62(b), for which building
permits may be issued in that calendar year. The Numerical Limit for any
one year may not exceed one hundred and thirty percent (130 %) of the
average of the Numerical Limits for the remaining years in the ten -year goal
period, or thirteen percent (13 %) of the ten -year goal, whichever is less.
(c) Special Exceptions
At any time during the year, the City Council may permit a special
exception to the assigned build -out schedule or to the Numerical Limit for
that calendar year only, provided, however, such special exception shall
not adversely affect the City's ability to provide services, and the City
Council finds and determines:
(1) that a major industry has a firm commitment to locate within the City of
Gilroy and that this major industry would not be able to locate in Gilroy
because the current limit on residential dwellings would be clearly
insufficient for its employees' housing needs; or
(2) that an approved Specific Plan or Master Plan necessitates additional
dwelling unit allocations in a specified year to accomplish the goals and
vision of the General Plan; or
(3) that the allocation will be issued to a property owned by the Gilroy Unified
School District. The allocation shall be issued only if all of the following
requirements are met:
(i) The current General Plan designation of the property is "Educational
Facility ";
(ii) The facility on the subject property has been used as a school facility
within the last two years;
(iii) The District has a demonstrated need to expand educational services to
accommodate Gilroy residents;
(iv) The applicant is the Gilroy Unified School District, and;
(v) The allocation requested is for fewer than 100 dwelling units.
The applicant shall agree that any and all benefits conferred upon it as a result of
the issuance of dwelling unit allocations shall be used to continue the operations
50 -23
of the existing community facility. Should some or all of the dwelling unit
allocations not be necessary to ensure the facility's continued operation or not be
used solely for that purpose, those allocations shall be immediately deemed null
and void.
Section 50.64 Residential Development Application Procedures
(a) All applications for Residential Development allocations under this Ordinance
shall be submitted to the City of Gilroy, Department of Planning in
accordance with schedules established from time to time by resolution of the
City Council. The Department of Planning shall not accept applications for
residential development of land that is not within the Gilroy Urban Service
Area; or is not immediately contiguous to the Urban Service Area.
(b) Each request for Residential Development allocations shall contain all
information and fees requested on the Residential Development application
forms. Only applications deemed complete by the Planning Director shall be
considered.
(c) Application fees for Residential Development allocations shall be established
from time to time by resolution of the City Council.
(d) Applicants may withdraw their application for Residential Development
allocations at any time during the process. Application fees will not be
refunded, unless the application is withdrawn within ten (10) days after the
filing deadline.
(e) Tentative Maps for residential subdivisions and residential Planned Unit
Development (PUD) applications will not be accepted by the Department of
Planning concurrently with the Residential Development application unless
the developer signs a valid waiver acceptable to the City Attorney of all
processing time limits established by the Subdivision Map Act and any other
state or local law. No tentative maps can be approved until a project has
been assigned a build -out schedule by the City Council.
Section 50.65 Project Rating Scale
The City Council shall adopt from time to time by resolution a Project Rating Scale for use
by the Planning Commission in its competitive evaluation and ranking of projects
hereunder.
Section 50.66 Competitive Evaluation and Assignment of Build -out Schedules
(a) The Planning Commission shall hold a public hearing and shall assign a point score
in accordance with the Project Rating Scale to each residential development project
for which the application has been deemed complete by the Director of Planning.
(b) The Planning Commission shall also competitively evaluate each residential
development project and establish a ranking for each residential project based upon
its assigned point score.
(c) The Planning Commission shall recommend to the City Council a build -out schedule
only for those projects that the Planning Commission determines can be issued
building permits within the applicable Numerical Limits. If the Planning Commission
finds that, due to environmental or other reasons, a given project is detrimental to
50 -24
the public health, safety, and general welfare, the Commission may recommend to
the City Council that the project not be granted a build -out schedule regardless of its
score on the Project Rating Scale or whether or not the applicable Numerical Limits
are fully allocated.
(d) The City Council shall hold a public hearing and shall review the point scores, .
rankings and build -out schedules recommended by the Planning Commission and
may affirm or modify the recommendation of the Planning Commission, in whole or
in part. In making its decision, the Council shall give priority to accommodating
subsequent phasing and build -out of previously approved projects for which
substantial public infrastructure improvements (beyond oversizing of sewer and
water utility lines) have been constructed to serve such future phases. The Council
shall also give priority to projects which have developed in conformance with their
original Residential Development submittal under this section.
(e) The maximum Numerical Limit for any year need not be fully allocated.
(f) No individual project shall be assigned more than twenty -five percent (25 %) of the
ten -year housing goal, or fifty percent (50 %) of the Numerical Limit for any year of
the build -out schedule as established at the time the build -out schedule is assigned.
The City Council may, however, grant an exception from this limitation, in whole or
in part, to an approved Specific Plan or Master Plan development.
(g) Build -out schedules may, on occasion, extend up to five (5) years beyond the
expiration of the ten -year goal period, provided that no single residential
development project may be given a build -out schedule extending more than ten
(10) years. No individual project shall be assigned a build -out schedule in any year
beyond the ten -year goal period greater than fifty percent (50 %) of the average of
the Numerical Limits for the years in the existing ten -year goal period. The total
number of dwelling units for all projects scheduled beyond the ten -year goal period
may not represent more than twenty -five percent (25 %) of the ten -year goal. The
City Council may, however, grant an exception to this limitation on build -out
schedules, in whole or in part, to an approved Specific Plan or Master Plan
development.
(h) No building permits may be issued for a residential development project pursuant to
a build -out schedule granted under the Residential Development Ordinance unless
the project is to be built on the same physical site as was originally evaluated.
Build -out schedules shall not be transferable independently of the project for which
they were assigned.
(i) When a building permit is requested for any residential development assigned a
build -out schedule hereunder, the Planning Director shall review such project for
conformance with the project as it was proposed when assigned a build -out
schedule by the Council. If the Planning Director determines that there have been
significant modifications to the project (including, without limitation, modifications
that would have significantly affected its point rating or competitive evaluation
hereunder), then no building permits for the project shall be issued unless approved
by the City Council following review by the Planning Commission. To approve the
issuance of such permits, the City Council must find that the proposed modifications
result in a substantial improvement over the project for which a build -out schedule
had been assigned. If the Planning Director finds that the modifications to the
project are not significant, he shall forward such finding as a recommendation to the
City Council. The City Council may instead determine that said modifications are
50 -25
significant and shall be reviewed by the Planning Commission and City Council
pursuant to this Paragraph prior to issuance of building permits.
Section 50.67 Applicant's Agreement to Perform
The applicant, or successor in interest, for any residential development project that
receives a build -out schedule from the City Council shall agree in writing (on a performance
agreement form provided by the City Administrator), within 60 days from City Council
allotment, to a set of performance and project standards.
These standards shall include, without limitation, a specific date (as early as is reasonable)
for submittal of a complete tentative map application for each phase of the project, or if a
complete tentative map application has been made for a phase at the time the
performance agreement is entered into, then as to such phase, the performance
agreement shall set forth a specific date (as early as reasonable) for submittal of a
complete application for the next approval to be obtained for such phase following
execution of the performance agreement by the City and the applicant. The standards
shall also include, without limitation, a date - specific schedule for obtaining final map
approval for each phase of the project.
Said agreement shall require applicant to pay a non - refundable deposit for the project, the
amount of which shall be established from time to time by resolution of the City Council.
Unless otherwise established by the City Council, the deposit due for the project shall be
paid at the time a tentative map is approved for the first phase of the project, or if such
tentative map approval has been obtained prior to the time the performance agreement is
entered into, then the deposit shall be due upon execution of the performance agreement
by the applicant. The deposit will be fully credited to subsequent development fees for the
project if the applicant complies fully with the terms of the agreement.
If the applicant fails to so enter into the performance agreement within the
above - established time limit or fails to pay the required deposit by the specified date, the
build -out schedules for all phases of the project shall immediately, without further action,
become null and void. If the applicant fails to file a complete tentative map or other
approval application for a project phase by the date specified in the performance
agreement, or fails to obtain final map approval for a phase by the date specified in the
performance agreement, or if a tentative map for any phase of the project expires, the
build -out schedule for the affected phase shall immediately, without further action, become
null and void. The applicant may appeal to the City Council to re- instate the build -out
schedule. In order to re- instate a build -out schedule, the City Council must find that the
applicant's failure to perform was due solely to circumstances beyond the applicant's
control.
Section 50.68 No Vested Rights
No action taken hereunder with respect to any residential development project by the
Planning Commission, City Council, or any City official (including, without limitation, the
rating of a residential development project, the setting of any Numerical Limits and the
granting of any build -out schedule), and no action taken by any applicant or developer
hereunder (including, without limitation, the payment of fees or deposits) shall result in the
50 -26
creation or vesting of any rights whatever by any applicant or developer with respect to said
project to receive any necessary city approvals or permits or to construct any dwelling units
or other improvements.
50 -27
ZONING SECTION;...
APPLICATION REVIEW PROCEDURES
Section 51.10 Applications
Section 51.11 Application Procedure
Applications may be initiated by:
(a) Property owners or lessees of the subject property; or
(b) Motion of the Planning Commission or City Council.
Section 51.12 Application Forms
The Planning Director shall prescribe the form on which all applications are
made; shall prepare and provide forms for all Planning applications; and shall
prescribe all application filing requirements. No application shall be accepted
unless it complies with the specified application filing requirements.
Section 51.13 Signatures
(a) Planning applications forms must be signed by the owner of the
property, or by a person with the owner's power -of- attorney,
involved in the application. In the case of multiple owners,
either all owners must sign the application or the signatory must
provide evidence that he or she has the right to act on behalf of
all owners.
(b) If signatures of persons other than the owners of property
making the application are required or offered in support of, or
in opposition to, an application, they may be received as
evidence of notice having been served upon them of the
pending application or as evidence of their opinion on the
pending issue.
Section 51.14 Permanent Record
All applications filed pursuant to this Ordinance shall be numbered
consecutively in the order of their filing, and shall become a part of the
permanent records of the Department of Planning, and there shall be
attached thereto and permanently filed therewith copies of all notices and
actions with certificates and affidavits of posting, mailing or publications
pertaining thereto.
Section 51.15 Abandonment of Projects
Applications for permits or approvals, pursuant to this Zoning Ordinance,
shall be deemed to have been abandoned when information and /or fees
necessary for the completion of the application have been requested in
51 -1
writing and nc._ _.:ceived by the Planning Departmei._ ,iithin ninety (90) days
of notification. The applicant may request (within the ninety (90) day time
period) an extension of up to one hundred eighty (180) days, or longer as
may be approved by the Planning Director only for extenuating
circumstances. No further action shall be taken on an application and no
fees will be refunded once abandoned.
Section 51.20 Filing Fees
The filing fees for applications under this Zoning Ordinance shall be paid upon the
filing of any application in the amounts as may be specified from time to time by City
Council resolution.
Section 51.30 Public Hearing
Section 51.31 Setting of Hearing
The Planning Director shall set public hearings held before the Planning
Commission and the City Clerk shall set public hearings held before the City
Council.
Section 51.32 Notices
Notices of time and place of public hearing shall be given in the following
manner:
(a) Notice of any public hearing shall be given by at least one (1)
publication in a newspaper of general circulation in the City of Gilroy
not less than ten (10) days before the date of said public hearing; and
(b) A written notice shall be mailed not less than ten (10) days prior to the
date of such hearing to the owners of the property within a radius of
five hundred (500) feet of the exterior boundaries of the property
subject to the public hearing, using for this purpose the last known
name and address of such owners as are shown in the County
Assessor's books on file in the County Assessor's office of the County
of Santa Clara, State of California.
(c) Any public hearings conducted pursuant to this Section that are
continued two or more times shall be re- noticed for the third public
hearing. That third public hearing may be continued if deemed
necessary one more time without re- noticing, but any subsequent
continuance for the same project application must be re- noticed in the
same manner established herein, and consistent with the standards
established in subsections (a) and (b) above.
Notwithstanding the above process for re- noticing, the continuance of
public hearings and time for the decision makers to act on a project is
subject to the time limits established by State Law, including, but not
limited to the subdivision Map Act, the Permit Streamlining Act and the
California Environmental Quality Act.
51 -2
(d) In addii, -, i to the written notice in Subsectioi._ �a) and (b), at least ten
(10) days prior to the public hearing or project decision, the applicant
shall install a four (4) foot by eight (8) foot sign for major project
applications, or a two (2) foot by three (3) foot sign for minor project
applications on the property that is subject to the public hearing or
project decision. Minor project applications include subdivisions of
four (4) or less lots, Architectural and Site applications that do not
involve the construction of new buildings on the property, Conditional
Use Permits and Variances. Major project applications include
subdivisions of five (5) lots or more, Architectural and Site applications
that involve the construction of new buildings on the property, Zone
Text or Map Amendments that are not determined to be City -wide text
or map amendments, General Plan Amendments that are not
determined to be City -wide amendments and RDO applications
pursuant to the Residential Development Ordinance in Zoning
Ordinance Section 50.60. The sign shall be maintained and remain on
the project site until after the city renders a decision on the project and
any appeal period established in the Zoning Ordinance has expired.
The sign shall be removed within seven (7) days of the expiration of
the appeal period. The project applicant shall submit a signed affidavit
that states the property sign has been installed consistent with this
Ordinance and the standards established by the Community
Development Department. The posted notice shall contain a general
description of the project, the file number of the project, the applicant's
name and contact number for additional information regarding the
project. The sign shall be consistent with the standards established by
the Community Development Department.
Section 51.33 Required Wording of Notices
Public notice of hearings on any application shall consist of the words "Notice
of hearing ", setting forth the type of application, the description
of the property under consideration, the nature of proposed change or use,
and the time and place at which the public hearing or hearings on the matter
will be held.
Section 51.34 Permanent Files Shall Include Summary of Testimony
A summary of all pertinent testimony offered at public hearings held in
connection with an application filed pursuant to this Ordinance, and the
names of persons testifying at the Planning Commission or City Council
hearings, shall be made a part of the permanent case files.
Section 51.40 Planning Commission Decision and Findings
Section 51.41 Action
The Planning Commission, following the termination of the public hearing,
shall:
51 -3
(a) Not late.. nan its following meeting date, unit -6 this time limit is
extended by agreement of the parties having an interest in the
proceedings, announce its decision to approve or disapprove the
application by resolution which shall clearly state the facts and reasons
for the decision rendered and any conditions or limitations imposed.
(b) Within fifteen (15) days after adoption of said resolution, whether the
application is approved or disapproved, notify the applicant by
forwarding through the mails a copy of the resolution to the address on
the application, and to any other person who has filed a written request
for such notification.
Section 51.42 Effective Date
The order of the Planning Commission in approving or disapproving a
conditional use permit, or variance shall become final and effective twenty
(20) days after the rendering of its decision, unless within such twenty (20)
day period an appeal in writing is filed.
Section 51.50 Appeal Procedure
Anyone so desiring may appeal the decision of the Planning Director or Planning
Commission to the City Council by written request to the City Clerk and payment of
the appeal fee within twenty (20) days after adoption of the resolution by the
Planning Commission. The City Council within the same twenty (20) days may also
in either a regular or special meeting initiate such appeal by motion.
Section 51.60 City Council Public Hearing
Consideration of an appeal of the Planning Commission decision shall be by public
hearing. Notices shall be mailed pursuant to the provisions of Section 51.32 (b) of
this Ordinance, and the hearing shall be held within thirty (30) days of the filing or
initiation of such appeal. The City Council may, because of a desire for additional
information, or due to the submission of significant new material or evidence when
considering an appeal, refer the matter back to the Planning Commission for further
study and report.
Section 51.70 City Council Decision and Findings
The City Council, following the termination of the public hearing, shall:
(a) Within thirty (30) days, announce its decision to approve, modify or
disapprove the application by resolution that shall clearly state the
facts and reasons for the decision rendered and any condition or
limitations imposed.
(b) Within fifteen (15) days after the City Council adopts the resolution
stating whether the application is approved or disapproved, notify the
applicant by forwarding through the mails a copy of the resolution to
the address on the application, and to any other person who has filed
a written request for such notification.
(c) Attach a copy of the resolution to the case file.
51 -4
Action by the City Council on an appeal shall be final.
Section 51.80 Revocation
The Planning Commission may, after having given notice to the complainant and
permittee and after holding a public hearing, revoke or modify any permit or variance
for which an approval was granted if the Planning Commission determines that the
permit or variance is_detrimental to the public health and safety so as to constitute a
nuisance. Any approval granted by the Planning Commission or the City Council
shall be immediately null and void if any of the following exists:
(a) The approval was obtained by fraud or incorrect information.
(b) The use for which such approval was granted is not being exercised.
(c) The use for which such approval was granted has ceased to exist or has
been suspended for one (1) year or more.
(d) The plan, permit or variance granted is being, or recently has been, exercised
contrary to the terms or conditions of such approval, or in violation of any
statute, ordinance, law or regulation.
Section 51.90 Expiration
Any development plan, conditional use permit, or variance granted by the Planning
Commission or City Council becomes null and void if not exercised within the time
specified in the permit or variance, or if no date is specified, within one (1) year from
the date of approval of said permit, plan or variance, provided, however, that all
conditional use permits and variances granted prior to the effective date of this
Ordinance by the City Council or Planning Commission of the City of Gilroy that are
being legally exercised at the time of the effective date of this Ordinance shall
continue in full force and effect in the manner approved, unless the conditional use
permit or variance is violated, ceases to exist, or is suspended for one (1) year or
more.
51 -5
ZONING SECTION
AMENDMENT TO THE ZONING ORDINANCE
Section 52.10 Amendments
The boundaries of the zones established by this Ordinance, the classifications of
property uses therein or other provisions of this Ordinance may be amended
whenever public necessity, convenience and /or general welfare require.
Section 52.20 Initiation
Amendments to this Zoning Ordinance or the Zoning Map may be initiated by:
(a) The owners of the property proposed to be rezoned.
(b) Motion of the City Council or the Planning Commission.
Section 52.30 Planning Commission Public Hearing
The Planning Commission shall hold at least one (1) public hearing to consider
Ordinance or Map amendments.
Notice of time and place of public hearing by the Planning Commission shall be
given pursuant to the provisions of Section 51 of this Ordinance.
Section 52.40 Planning Commission Findings
The Planning Commission shall announce its decision to recommend approval, or to
deny or deny without prejudice the requested Ordinance or Map amendment not
later than the meeting following the closing of the public hearing unless this time
limit is extended by agreement of the parties having an interest in the proceedings.
In the case of a denial, including a denial without prejudice, the Planning
Commission shall adopt a resolution. In the case of a recommendation of approval,
the Planning Commission shall make findings demonstrating that the amendment is
necessary to carry out the general purpose of this Ordinance and applicable general
plan goals and policies. In the case of recommendations of approval, the Ordinance
or map amendment will be scheduled for a City Council hearing.
Section 52.41 Notice of Decision of Denial
Within fifteen (15) days from the date of denial, the Commission shall notify
the applicant by forwarding a copy of the resolution to the applicant at the
address shown on the application and shall forward to the City Clerk a copy
of said resolution.
Section 52.42 Finality of Denial
The action of the Planning Commission denying a zone change application
shall be final and conclusive unless within twenty (20) days following the
adoption of the resolution by the Planning Commission, an appeal in writing is
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filed with the - -;* of the City Council by the applicu.., or an interested party.
Section 52.50 Appeal to City Council
The City Clerk shall notify the Planning Manager upon receipt of a written appeal
filed with the City Council by the applicant or an interested party as provided for in
this Section.
Section 52.55 City Council Public Hearing
The City Council shall conduct a duly advertised public hearing following receipt of a
Planning Commission staff report recommending approval of an Ordinance or Map
amendment or the filing of a written appeal of the Commission's denial of an
Ordinance or Map amendment. The public hearing shall be held within thirty (30)
days of receipt of the staff report or written appeal or as soon thereafter as is
practical. A public notice shall be given as provided for in Section 51 of this
Ordinance.
Section 52.60 City Council Findings
The City Council may approve, modify or disapprove a proposed Ordinance or Map
amendment. The City Council may, because of a desire for additional information, or
due to the submission of significant new material or evidence, refer any proposed
Ordinance or Map amendment back to the Planning Commission for further study
and report. The Planning Commission shall not be required to hold a public hearing
under these circumstances. Failure of the Planning Commission to report within
forty (40) days after the reference, or such longer period as may be designated by
the City Council, shall be deemed to be a recommendation to the City Council to
approve the proposed modification.
Section 52.61 Notice of Decision
The City Council shall announce its findings and decision for approval by ordinance
or denial (with or without prejudice) by resolution introduced not more than twenty
(20) days, or as soon thereafter as practical, following the termination of
proceedings of the hearing, or upon receipt of a report from the Planning
Commission when a matter has been referred back to the Planning Commission.
The ordinance or resolution shall recite, among other things, the facts and reasons
that, in the opinion of the City Council, make the approval, denial, or denial without
prejudice of the Zoning Ordinance or Map amendment necessary to carry out the
general purposes of this Ordinance and the General Plan.
Section 52.62 Finality of Decision
The action by the City Council on the application for a Zoning Ordinance or Map
amendment shall be final and conclusive.
Section 52.70 Withdrawal
The Planning Commission or the City Council, at their discretion, may permit the
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withdrawal of any zG— change application or appeal. Tht . lanning Commission or
the City Council may abandon any proceeding for an amendment or rezoning
initiated by them. Withdrawal of any petitions or appeal shall terminate all
proceedings in reference thereto.
Section 52.80 Reapplication
If an application for a zone change is denied by the Planning Commission or the City
Council, another request for the same rezoning on the same property or portions
thereof, shall not be accepted within a one (1) year period. If the Planning
Commission or City Council specifies that a denial of a zone change application is
made without prejudice, or if the Planning Commission or City Council makes a
determination that significant new material or facts are present which justify
reconsideration of the zone change application and thereby grants specific approval
for refiling of the application, said one (1) year waiting period may be waived.
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ZONING SECTION
ENFORCEMENT OF THE ZONING ORDINANCE
Section 53.10 Vested Duty
All departments, officials and public employees of the City who are vested with the
duty or authority to issue permits or licenses shall conform to the provisions of this
Ordinance and shall issue no such permit or license for uses, buildings or purposes
where the same would be in conflict with the provisions of this Ordinance and any
such permit or license if issued in conflict with the provisions of this Ordinance, shall
be null and void. It shall be the duty of the Planning Director to enforce or cause to
be enforced the provisions of this Ordinance pertaining to the erection, construction,
reconstruction, moving, conversion, alteration, removal of or addition to any building,
sign, structure, building site or parcel of land in the City of Gilroy.
Section 53.20 Penalty and Fine
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating any of the provisions of this Ordinance shall be guilty of an infraction, and
upon conviction thereof shall be punished as set forth in Govemment Code Section
36900, as it now exists or may hereafter be amended. The violating party shall be
judged to be guilty of a separate offense for each and every day during any portion
of which any violation of this Ordinance is committed, continued or permitted by
such person, firm or corporation, and shall be punishable as herein provided.
Nothing in this Ordinance shall be construed as to restrict the right of any individual
to pursue redress by civil action of any violation of this Ordinance.
Section 53.30 Declaration of Nuisance
Any building or structure set up, erected, constructed, altered, enlarged, converted,
moved or maintained contrary to the provisions of this Ordinance and /or any use of
any land, building or premises conducted, operated or maintained contrary to the
provisions of this Ordinance shall be and the same is hereby declared to be unlawful
and a public nuisance and the City Attorney of the City shall, upon order of the City
Council, immediately commence action or proceedings for the abatement and
removal and enjoinment thereof in the manner provided by law and shall take such
other steps and shall apply to such court or courts as may have jurisdiction to grant
such relief as will abate and remove such building or structure and restrain and
enjoin any person, firm or corporation from setting up, erecting, building, maintaining
or using any such building or structure or using any property contrary to the
provisions of this Ordinance.
The remedies for herein shall be cumulative and not exclusive.
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -08 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 5h day of August, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 7`h day of August, 2013.
awna Freels, MMC
City Clerk of the City of Gilroy
(Seal)