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Resolution No. 2022-17 | Amending SB9 2-Unit Res. Objective Design Standards Policy | Adopted 04/04/2022DocuSign Envelope ID: 1A5C0B8C-1 C82-42BE-9FD4-23137CA8ACA5 RESOLUTION NO. 2022-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY SB9 2-UNIT RESIDENTIAL OBJECTIVE DESIGN STANDARDS POLICY WHEREAS, on September 16, 2021, the Governor of the State California signed into law Senate Bill No. 9 (Atkins), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411. 7 to, the California Government Code relating to land use, which requires, under certain criteria, ministerial approval of a parcel map for a lot split or a proposed housing development containing no more than 2 residential units within a single-family residential zone; and WHEREAS, the provisions of Senate Bill No. 9 (SB9) shall be in effect on January 1, 2022, and set forth what a local agency can and cannot require in approving a parcel map for a lot split or a proposed housing development containing no more than 2 residential units (e.g., duplex) within a single-family residential zone; and WHEREAS, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the provisions of Senate Bill No. 9; and WHEREAS, pursuant to Government Code section 66300, "Objective design standard" means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy will help ensure that lot splits and housing developments approved through the ministerial provisions of Senate Bill No. 9 conform to the City of Gilroy's minimum design expectations; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is intended to promote good design principles that create a sense of place and attractive and safe neighborhoods with human-scaled buildings that are compatible with and enhance the City of Gilroy; and WHEREAS, the City Council of the City of Gilroy adopted the Gilroy SB9 2-Unit Residential Objective Design Standards Policy on December 13, 2021 with an owner occupancy requirement for 2-Unit Senate Bill No. 9 projects not involving a lot split; and WHEREAS, the City Council of the City of Gilroy has amended the policy to remove the owner occupancy requirement for 2-Unit SB9 projects not involving a lot split since such requirement is not a requirement of Senate Bill No. 9; and WHEREAS, the City Council held a duly noticed public hearing on April 4, 2022, at which time the City Council received and considered the amended Gilroy SB9 2-Unit Residential Objective Design Standards Policy, took and considered the written and oral public testimony, the staff report, and all other documentation related to the amended policy; and gilroy Resolution No. 2022-17 Amending SB9 2-Unit Residential Objective Design Standards Policy City Council Regular Meeting | April 4, 2022 Page 2 of 3 WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9 and pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and Section 15308 (Regulatory Actions for the Protection of the Environment) in that: (1) the adoption of objective design standards does not change applicable zoning and is necessary to implement state law, (2) it can be seen with certainty that the adoption of the standard will not have a significant environmental effect, (3) the standards are to protect aesthetic impacts on the physical environment, and (4) none of the circumstances described in CEQA Guidelines Section 15300.2 applies; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy implements the Gilroy 2040 General Plan and in particular: Land use Policy LU 3.3 (Residential Building Orientation); Land use Policy LU 7.3 (Compatibility with Adjoining Uses); and Land use Goal LU 8 to support growth and development that preserves and strengthens the City’s historic, small-town character; provides and maintains safe, livable, and affordable neighborhoods; and creates beautiful places; and WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this Gilroy SB9 2-Unit Residential Objective Design Standards Policy adoption is based is the office of the City Clerk; and WHEREAS, the City Council of the City of Gilroy has considered the Gilroy SB9 2-Unit Residential Objective Design Standards Policy in accordance with the 2040 Gilroy General Plan, State law, and other applicable standards and regulations; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the amended Gilroy SB9 2-Unit Residential Objective Design Standards Policy, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. DocuSign Envelope ID: 1A5C0B8C-1C82-42BE-9FD4-23137CA8ACA5 Resolution No. 2022-17 Amending SB9 2-Unit Residential Objective Design Standards Policy City Council Regular Meeting | April 4, 2022 Page 3 of 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at its meeting held on this 4th day of April 2022 by the following vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: Thai Nam Pham, City Clerk DocuSign Envelope ID: 1A5C0B8C-1C82-42BE-9FD4-23137CA8ACA5 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-17 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, April 4, 2022, 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 Monday, April 4, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 1A5C0B8C-1C82-42BE-9FD4-23137CA8ACA5 Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 1 of 3 The intent of the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is to provide applicants and property owners with a clear understanding of the City’s expectations. This Policy supplements the City’s zoning standards and the Gilroy SB9 Residential Lot Split Objective Design Standards Policy. These standards are also intended to comply with California Senate Bill (SB9). General Applicability: This policy applies to all duplex and 2-unit residential projects (e.g., two detached single-family dwellings) in an R1 zone in Gilroy that utilize any of the exceptions in SB9, including but not limited to reduced setbacks. The Gilroy SB9 2-Unit Residential Objective Design Standards Policy does not apply to multi-family developments, which are regulated by the Gilroy Mixed-Use Residential and Multi-Family Residential Objective Design Standards Policy. SB9 Applicability: Ministerial approval under SB9 shall not apply in the case where: development would require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; the development would demolish more than 25% of the existing exterior structural walls of a structure that has been occupied by a tenant in the last three (3) years; or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. Furthermore, ministerial approval under SB9 shall not apply in the case where the parcel is: located within a historic district or listed as a historic resource on the City of Gilroy’s Historic Resource Inventory; identified as prime agricultural land, wetlands, protected species habitat, or a hazardous waste site; or located within a very high fire hazards zone, earthquake fault zone, floodplain, or floodway. The City may deny an SB9 project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. MAXIMUM DWELLING UNITS: New Lot: The maximum number of units permitted on a new lot created pursuant to SB9 shall be two (2) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. Existing Lot: The maximum number of units permitted on an existing lot that is not associated with an SB9 subdivision shall be four (4) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. TENANT OCCUPANCY: No dwelling unit shall be rented for a term shorter than 30 days. MINIMUM PARKING: SFR/Duplex Unit: Unless otherwise exempt under SB9, each single-family residence shall be served by two (2) parking stalls and each duplex unit shall be served by one (1) parking stall. In each case, each stall shall be at least ten (10) feet by twenty (20) feet and at least one of the stalls shall be covered (garage or carport). ADU: Each ADU shall be served by one (1) parking stall, subject to the restrictions contained in Gilroy City Code Section 30.54.30(g). MAXIMUM PAVING: Paving in the front yard shall be limited to a maximum of fifty percent (50%) of the front yard area. Greater than fifty percent (50%) may be allowed in circumstances where the driveway is the same width as that of the garage frontage. Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 2 of 3 MINIMUM SETBACKS  Front: 26-feet from face of curb  Interior Side: 4-feet  Exterior/Street Side: 4-feet  Rear: 4-feet Setback Exception: No additional setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. MAXIMUM HEIGHT / STORIES: 35-feet / 2 stories BUILDING ENTRIES, STAIRWELLS, AND GARAGES Intent: To create an attractive, welcoming, safe, and active interface between private development and the public realm, building and site design shall meet the following objective criteria:  Exterior Stairwells. Exterior stairwells shall not be oriented to the street.  Front Entries. The main entrance to each dwelling unit shall directly face the public street and shall not be oriented inward. Entries shall not face an alley.  Front Entry Design. Front entries for each dwelling unit shall be accentuated by a minimum of one (1) of the following: • a change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb. • an increase in roof height of at least one (1) foot to accentuate the entry. • wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.  Patio/Porches. Each dwelling unit shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum 48 square feet in area.  Garage Doors • All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. • Garage doors shall not occupy more than 50% of the building façade. • Garage vehicular entrance(s) shall be set back from the property line with a minimum eighteen (18) foot long driveway, measured from the back of the sidewalk. MASSING, ARTICULATION. AND ARCHITECTURAL FEATURES Intent: To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:  Exterior Side Elevations. Exterior side elevations shall include a minimum of 15 percent fenestration area, and a change in wall plane by a minimum depth of two (2) feet. Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 3 of 3  Massing Breaks. In addition to the front entry requirements, residential buildings shall have massing breaks at least every 24 feet along any elevation, by incorporating at least one (1) of the following features: • doors and windows recessed by a minimum of four (4) inches; • variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least 30% of the facade; or • vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface and extend the full height of the structure.  Primary Wall Finish Material. The primary wall finish material1 shall be wood, stone, brick, stucco, fiber cement or other cementitious material, or stone. T1-11 siding and all grooved or patterned wood panel or composite wood panel siding are prohibited.  Colors and Materials: A change in colors or materials shall occur with a change in the wall plane.  Windows and Doors. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth when protruding from the wall. Foam trim molding is prohibited on the ground floor. When recessed, the building primary siding material (masonry or stucco) shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3" in depth. 1 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation.