Ordinance No. 2023-04 | Emergency Shelter Amendment Ordinance | Adopted 05/15/2023
ORDINANCE NO. 2023-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE GILROY CITY CODE, CHAPTER
30 (ZONING), ARTICLE XLI SECTION 30.41.32 (SPECIFIC
PROVISIONS—EMERGENCY SHELTERS), ARTICLE II
SECTION 30.2.20 (DEFINITIONS), AND ARTICLE XI
SECTION 30.11.10(C) (RESIDENTIAL USE TABLE)
REGARDING EMERGENCY SHELTERS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XLI Section
30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions),
and Article XI Section 30.11.10(c) (Residential use table) currently regulate emergency
shelters within the city; and
WHEREAS, State Planning and Zoning Law requires the City of Gilroy to adopt a
comprehensive, long-term general plan for the physical development of the city that
includes a housing element; and
WHEREAS, State law requires that the housing element identify adequate sites for
housing, including emergency shelters; and
WHEREAS, Assembly Bill No. 2339, CHAPTER 654 was approved by the
Governor and filed with the Secretary of State on September 28, 2022, and amended
Sections 65583 and 65863 of the Government Code; and
WHEREAS, Assembly Bill No. 2339 revises the requirements of the housing
element, in connection with zoning designations that allow residential use, including mixed
use, where emergency shelters are allowed as a permitted use without a conditional use or
other discretionary permit; and
WHEREAS, Assembly Bill No. 2339 requires that emergency shelters only be
subject to specified written, objective standards; and
WHEREAS, Assembly Bill No. 2339 specifies that the definition of emergency
shelter shall include other interim intervention, including, but not limited to, navigation
centers, bridge housing, and respite or recuperative care; and
WHEREAS, Assembly Bill No. 2339 requires an amendment to Gilroy City Code
Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—
Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section
30.11.10(c) (Residential use table); and
WHEREAS, adoption of the Zoning Ordinance text amendment is exempt from
review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Section 15061(b)(3) in that it can be seen with certainty that the Zoning
Ordinance text amendment would not result in a significant environmental effect, and none
of the circumstances set forth in CEQA Guidelines Section 15300.2 applies; and
Ordinance No. 2023-04
Emergency Shelter Amendment Ordinance
City Council Regular Meeting | May 15, 2023
Page 2 of 6
WHEREAS, on April 20, 2023 the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report
as well as all evidence received including written and oral public testimony related to the
proposed Zoning Amendment (Z 23-03); and
WHEREAS, on April 20, 2023 the Planning Commission recommended the City
Council approve Zoning Amendment X 23-03 amending Gilroy City Code Chapter 30
(Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II
Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table)
regarding emergency shelters; and
WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, at
which time the City Council received and considered the zoning ordinance text amendment,
took and considered written and oral public testimony including the staff report, and all
other documentation related to the proposed Zoning Amendment (Z 23-03); and
WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII
(Amendment to the Zoning Ordinance), the Planning Commission has recommended, and
the City Council finds, that the proposed Zoning Ordinance text amendment is necessary to
carry out the general purpose of the Zoning Ordinance, and applicable General Plan goals
and policies including Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of
housing types that offer choices for Gilroy residents and create complete, livable
neighborhoods; Gilroy 2015-2023 Housing Element Goal H-1 (Housing Production) to
provide adequate residential sites to accommodate projected housing needs and
encourage the production of a variety of housing types; and Gilroy 2015-2023 Housing
Element Goal H-2 (Affordable Housing) to encourage and support the provision of
affordable housing in Gilroy; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the 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
Gilroy City Code, Chapter 30 (Zoning), Article XLI, Section 30.41.32 is hereby
modified as follows:
30.41.32 Specific provisions—Emergency shelters.
In addition to the development standards in the underlying zoning district, the following
standards apply to emergency shelters. In the event of conflict between these standards
and the underlying zoning district regulations, the provisions of this section shall apply.
Ordinance No. 2023-04
Emergency Shelter Amendment Ordinance
City Council Regular Meeting | May 15, 2023
Page 3 of 6
(a) On-Site Management and Security Plan. The emergency shelter shall provide
on-site management and security during all hours that the emergency shelter is
in operation. A management plan is required for all emergency shelters to address
management experience, good neighbor issues, transportation, client supervision,
screening of clients to ensure compatibility with the services provided at the facility, food
services, security, and training, counseling and treatment programs for clients. Such
plan shall be submitted to and approved by the planning manager and police chief prior
to operation of the emergency shelter. The plan shall include a floor plan that
demonstrates compliance with the physical standards of this section. The operator of
each emergency shelter shall annually submit the management plan with updated
information for review and approval.
(b) Maximum Number of Beds. The maximum number of beds permitted to be served
nightly by the facility emergency shelter shall not be limited. However, the number of
beds within any single room in a of the emergency shelter shall not exceed fifty (50)
unless a larger number is approved on a temporary basis in advance by the planning
manager community development director and police chief. A floor plan that
includes the maximum number of beds proposed for the emergency shelter shall
be included in the application for a building permit.
(c) Exterior and Interior Onsite Waiting and Client Intake Area. An indoor intake area
shall be provided and be of sufficient size to accommodate the maximum number of
clients anticipated to request sheltering at any given time in addition to providing the
minimum interior floor area required to comply with the maximum occupant load
requirements of the California Building Code. In addition, an exterior area shall be
provided for clients waiting for the shelter to open. The waiting area shall be of sufficient
size to accommodate the maximum number of clients anticipated to be waiting for
the shelter to open at any given time. Theis exterior waiting area shall be physically
separated and visually screened from the public right-of-way. The method for
determining the maximum number of clients requesting sheltering and the number of
clients and waiting for the shelter to open shall be included in the
shelter management plan and approved by the planning manager and police chief. A
site plan and floor plan that includes the size and location of the exterior and
interior onsite waiting and intake areas shall be included in the application for a
building permit.
(d) Parking. One (1) parking stall shall be provided per employee and volunteer on the
shift with the greatest number of employees and volunteers, provided that the total
number of parking stalls does not exceed the minimum parking that would be
required for other residential or commercial uses within the same zone. In
addition, one (1) parking stall shall be provided for every ten (10) beds in the shelter.
(e) Lighting. Parking lots and pedestrian walkways of shelters that are open after dusk
shall provide lighting of a minimum horizontal illumination of two (2) foot candles for
those areas.
Ordinance No. 2023-04
Emergency Shelter Amendment Ordinance
City Council Regular Meeting | May 15, 2023
Page 4 of 6
(f) Length of Stay. The maximum length of stay shall be limited to one hundred
eighty (180) days per calendar year or less [Health and Safety Code
Section 50801(e)].
(g) Proximity to Other Emergency Shelters. The minimum distance between
emergency shelters shall be 300 feet.
(h) Location. Emergency Shelters shall be permitted by right in the R4 zone
district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan
land use diagram.
SECTION II
Gilroy City Code, Chapter 30 (Zoning), Article II, Section 30.2.20 is hereby
modified as follows:
30.2.20 (Definitions)
“Emergency shelter” means housing with minimal supportive services for homeless
persons that is limited to occupancy of one hundred eighty (180) days per calendar year
or less by a homeless person. No individual or household may be
denied emergency shelter because of an inability to pay. [Health and Safety Code
Section 50801(e)] The definition of emergency shelter includes other interim
interventions, including, but not limited to, a navigation center, emergency bridge
housing, and respite or recuperative care.
“Emergency bridge housing” means any new or existing facilities, including, but
not limited to, housing in temporary structures, including, but not limited to,
emergency sleeping cabins consistent with the requirements of subdivision (h) of
Section 8698.3 that are reserved for homeless persons and families, together with
community support facilities, including, but not limited to, showers and
bathrooms adequate to serve the anticipated number of residents all of which
may be located on property leased or owned by a political subdivision. An
emergency bridge housing community shall include supportive and self-
sufficiency development services, have the ultimate goal of moving homeless
persons to permanent housing as quickly as reasonably possible, and limit rents
and service fees to an ability-to-pay formula reasonably consistent with the
United States Department of Housing and Urban Development’s requirements for
subsidized housing for low-income persons.
“Navigation center” means Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing
that provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter,
and housing.
SECTION III
Ordinance No. 2023-04
Emergency Shelter Amendment Ordinance
City Council Regular Meeting | May 15, 2023
Page 5 of 6
Gilroy City Code, Chapter 30 (Zoning), Article XI, Section 32.11.10(c). is hereby
modified as follows:
30.11.10(c) (Residential use table)
A1 RR R1 R2 R3 R4 RH ND
Community Garden X X X X X X *
Emergency Shelter7 C C C C C C X C *
Golf Course or County
Club
C C C C C C *
* = Refer to the master plan or specific plan adopted for the neighborhood district area
in which the property is located.
7 Emergency shelters shall be subject to the performance standards listed in
section 30.41.32. Emergency Shelters shall be permitted by right in the R4 zone
district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan
land use diagram. Additionally, emergency shelters in the agriculture and residential
zoning districts shall only serve families. For the purpose of this section, a “family” is
defined as having one (1) or more individuals under eighteen (18) years of age who
reside with a parent or with another person with care and legal custody of that individual
(including foster parents) or with a designee of that parent or other person with legal
custody. Family also includes a pregnant woman or a person who is in the process of
adopting or otherwise securing legal custody of any individual under eighteen (18) years
of age.
SECTION IV
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 V
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.
Ordinance No. 2023-04
Emergency Shelter Amendment Ordinance
City Council Regular Meeting | May 15, 2023
Page 6 of 6
PASSED AND ADOPTED this 15th day of May 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, 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
Marie Blankley (May 16, 2023 17:08 PDT)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-04 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 held on Council held Monday, May 15, 2023, 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, May 15, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)