Ordinance No. 2023-11 | Accessory Dwelling Unit Ordinance Update | Adopted 12/04/2023
ORDINANCE NO. 2023-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE GILROY CITY CODE, CHAPTER
30 (ZONING), ARTICLE LIV REGARDING ACCESSORY
DWELLING UNITS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article LIV currently
regulates accessory dwelling units within the city; and
WHEREAS, Senate Bill No. 897 and Assembly Bill No. 2221 were approved by the
Governor and filed with the Secretary of State on September 28, 2022, and amended
Section 65852.2 of the Government Code, which became effective January 1, 2023; and
WHEREAS, Assembly Bill No. 976 was approved by the Governor and filed
with the Secretary of State on October 11, 2023, and amended Section 65852.2 of the
Government Code, and will be effective January 1, 2024; and
WHEREAS, Senate Bill No. 897, Assembly Bill No. 2221, and Assembly Bill No.
976 require text amendments to Gilroy City Code Chapter 30 (Zoning), Article LIV
regarding accessory dwelling units; and
WHEREAS, the adoption of the Zoning Ordinance text amendments is statutorily
exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to
CEQA Guidelines Section 15282(h) for projects involving the adoption of an ordinance
regarding second units in a single-family or multifamily residential zone by a city or county
to implement the provisions of Section 65852.2 of the Government Code as set forth in
Section 21080.17 of the Public Resources Code; and
WHEREAS, on November 2, 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 Amendments (Z 23-05); and
WHEREAS, the City Council held a duly noticed public hearing on November 20,
2023, at which time the City Council received and considered Zoning Amendment file
number Z 23-05, took and considered written and oral public testimony, the staff report,
and all other documentation related to application Z 23-05; 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 2023-2031 Housing Element Goal 1 (Housing
Production) to encourage the production of a variety of housing types for Gilroy residents;
and Gilroy 2023-2031 Housing Element Goal 2 (Removal of Government Constraints) to
Ordinance No. 2023-11
Accessory Dwelling Unit Ordinance Update
City Council Regular Meeting | December 4, 2023
Page 2 of 3
periodically review City regulations and ordinances to ensure that they do not constrain
housing development and are consistent with state law; and
WHEREAS, the location and custodian of the documents or other mate rials that
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
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning), Article LIV, set forth in
Exhibit ‘A’ regarding accessory dwelling units, are hereby adopted.
SECTION III
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 no t be
affected thereby.
SECTION IV
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. 2023-11
Accessory Dwelling Unit Ordinance Update
City Council Regular Meeting | December 4, 2023
Page 3 of 3
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 4th day of December 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Attachment:
1. Exhibit ‘A’: Proposed amendment language for Chapter 30, Article LIV
Marie Blankley (Dec 5, 2023 10:31 PST)
Marie Blankley
EXHIBIT ‘A’ of ORDINANCE 2023-XX
Chapter 30 ZONING ORDINANCE
ARTICLE LIV. ACCESSORY DWELLING UNITS
30.54.10 Purpose and intent.
The intent of this article is to provide for accessory dwelling units and junior accessory
dwelling units on lots zoned to allow single-family, duplex and multifamily dwelling
residential use and that include a proposed or existing primary residential dwelling
consistent with California Government Code Section 65852.2. Accessory dwelling units
contribute needed housing to the City of Gilroy’s housing stock and enhance housing
opportunities. An accessory dwelling unit is considered a residential use that is
consistent with the existing general plan and zoning designations for the lot. The
accessory dwelling unit is not included in calculation of residential density for the
purposes of determining general plan conformance.
30.54.20 General requirements.
Notwithstanding any local ordinance regulating the issuance of variances or special use
permits, or regulations adopted herein to the contrary, an application for a building
permit to construct an accessory dwelling unit or junior accessory dwelling unit shall be
approved or denied ministerially without discretionary review or hearing within sixty (60)
days from the date the city receives a completed application if there is an existing
single-family or multifamily dwelling on the lot. The following requirements apply to all
accessory dwelling units:
(a) An accessory dwelling unit shall not be rented for periods less than thirty (30) days.
Short-term rentals are prohibited.
(b) An accessory dwelling unit shall not be sold separately from the primary residential
structure except as permitted by California Government Code Section 65852.26(a).
(c) Prior to the issuance of a building permit for an accessory dwelling unit and/or a
junior accessory dwelling unit, the owner must record a deed restriction stating that any
accessory dwelling unit on the property may not be rented for periods less than thirty
(30) days and that any accessory dwelling unit may not be transferred or sold
separately from the primary residential structure except as permitted by California
Government Code Section 65852.26(a) .
(d) The installation of fire sprinklers shall not be required for an accessory dwelling unit
if sprinklers are not otherwise required for the primary residence.
(e) Accessory dwelling units are subject to the objective design standards and other
zoning requirements of the zoning district in which the existing primary dwelling is
located and must be built in accordance with the building code set forth in Chapter 6,
except for those design, zoning, and building standards inconsistent with state
requirements under California Government Code Section 65852.2. Zoning standards
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and requirements will be modified if they would preclude the construction of at least an
800 square foot attached or detached dwelling unit with four-foot side and rear yard
setbacks.
(f) An accessory dwelling unit is not subject to residential accessory structure
regulations.
(g) An accessory dwelling unit will not be subject to any charges and fees other than
building permit fees generally applicable to residential construction in the zone in which
the property is located, except as otherwise provided herein.
(h) Any connection fees and capacity charges that may be required must be assessed
in compliance with the provisions of Government Code Sections 65852.2 and 65852.22.
(i) The accessory dwelling unit must 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. The
accessory dwelling unit will not be considered a new residential use for the purpose of
calculating connection fees or capacity charges for these utilities.
(j) Ministerial approval of a permit for creation of an accessory dwelling unit shall not be
conditioned on the correction of preexisting nonconforming zoning conditions.
(k) A certificate of occupancy for any accessory dwelling unit shall not be issued before
the local agency issues a certificate of occupancy for the primary dwelling.
(l) If the applicant requests a delay in processing, the sixty (60) day time period shall be
tolled for the period of the delay.
30.54.30 Single-family residential accessory dwelling unit standards.
Notwithstanding any other provisions of this article or of this chapter to the contrary,
residential accessory dwelling unit shall be a permitted as a single-family residential use
that complies with California Government Code Section 65852.2 and the following:
(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any
zoning district that permits residential or mixed use development and which contains an
existing or proposed primary single-family residential use.
(b) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached
to, or detached from the proposed or existing primary dwelling; provided, that a single -
family residential accessory dwelling unit contained within or attached to an existing
primary dwelling unit shall have independent exterior access from the existing
residence.
(c) Unit Type Combinations. Ministerial approval for a building permit within a residential
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or mixed-use zone is permitted to create any of the following:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within
the proposed space of a single-family dwelling or existing space of a
single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the
physical dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single -
family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of
this article and Government Code Section 65852.22.
(2) One detached, new construction, accessory dwelling unit that does not
exceed four-foot side and rear yard setbacks for a lot with a proposed or existing
single-family dwelling.
(d) Size.
(1) A detached accessory dwelling unit shall not exceed a maximum size of one
thousand (1,000) square feet in floor area.
(2) An attached accessory dwelling unit shall be permitted but shall not exceed
fifty percent (50%) of the existing primary dwelling gross floor area, garage area
excluded. Notwithstanding this requirement, an eight hundred fifty (850) square-
foot one bedroom or one thousand (1,000) square-foot two or more-bedroom
accessory dwelling unit shall be allowed.
(e) Height.
(1) The maximum height for a detached accessory dwelling unit shall be one (1)
story and sixteen (16) feet. Detached accessory dwelling units located within a
half-mile of a major transit stop or high-quality transit corridor are permitted to a
maximum height of 18 feet, and may be up to two feet or taller, for a maximum of
20 feet, if necessary to match the roof pitch of the primary dwelling unit.
(2) The maximum height for a structure composed of a detached garage and an
accessory dwelling unit that is proposed to be constructed above a detached
garage shall be twenty-four (24) feet.
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(3) An accessory dwelling unit attached to the primary dwelling is limited to the
height allowed in the underlying zoning district.
(f) Setbacks. An accessory dwelling unit is subject to the design criteria and zoning
requirements of the district in which the existing single-family dwelling is located and as
follows:
(1) An accessory dwelling unit must not encroach upon the required front yard
area unless it would preclude the construction of at least an eight hundred (800)
square foot accessory dwelling unit with four-foot side and rear yard setbacks.
(2) A setback of four (4) feet from the side and rear lot lines shall be required for
a newly constructed accessory dwelling unit that is not constructed in the same
location and to the same dimensions as an existing structure.
(3) No additional zoning setback is required for conversion of an existing
permitted accessory structure, living area, or garage space, or conversion of a
structure that is constructed in the same location and to the same dimensions as
the existing structure.
(g) Parking. One (1) additional parking space shall be required for a newly constructed
accessory dwelling unit, which may be located within the front setback, in tandem and in
an existing driveway. Parking in setback areas or tandem parking may be denied if
found to be infeasible due to specific site or life safety conditions. Notwithstanding the
above, a parking stall will not be required for an accessory dwelling unit that meets any
of the following criteria:
(1) The accessory dwelling unit is created as a result of the conversion of existing
area of the single-family residence or existing permitted single-family residential
accessory structure.
(2) An existing single-family residential garage, carport or parking structure is
converted or demolished to accommodate an accessory dwelling unit in the
same location.
(3) The accessory dwelling unit is within one-half (1/2) mile walking distance of a
public transit station, such as a bus stop or train station.
(4) The property is within an architecturally and historically significant historic
district.
(5) On-street parking permits are required in the area but not offered to the
occupant of the residential accessory dwelling unit.
(6) A car share vehicle is located within one (1) block of the accessory dwelling
unit.
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(h) Design Standards. Architectural review of an attached or detached accessory
dwelling unit will be limited to the following:
(1) The design of the single-family residential accessory dwelling unit must be
compatible with the existing primary dwelling. This may be achieved through use
of the same architectural details, including window styles, roof slopes, exterior
materials, and colors. Architectural review shall not unreasonably restrict
construction of the accessory dwelling unit.
(2) An accessory dwelling unit located within a historic site or neighborhood
combining district will be subject to ministerial review for compliance with the
design review criteria set forth in Section 30.27.40 and must be consistent with
the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(3) Outside stairways serving a second story accessory dwelling unit shall not be
constructed on any building elevation facing a public street.
(4) No passageway will be required in conjunction with the construction of an
accessory dwelling unit.
(5) An accessory dwelling unit must be built in accordance with the building code
set forth in Chapter 6, except that any design, zoning, and building standards
inconsistent with state requirements under California Government Code Section
65852.2 shall not apply.
30.54.40 Junior accessory dwelling unit standards.
Notwithstanding any other provisions in this article or of this chapter to the contrary, a
junior accessory dwelling unit shall be permitted within a single-family residential unit in
compliance with the following standards:
(a) One (1) junior accessory dwelling unit may be permitted per residential lot zoned for
a single-family residential use; provided, that the lot has not more than one (1) existing
or proposed single-family residence, and not more than one (1) attached or detached
residential accessory dwelling unit if constructed in compliance with all applicable
limitations of Section 30.54.30.
(b) The unit must be constructed within the existing walls of an existing or proposed
single-family dwelling.
(c) The square footage of the unit shall be at least the minimum size required for an
efficiency unit, up to a maximum size of five hundred (500) square feet in floor area.
(d) A separate entrance from the unit to the exterior of the residence shall be provided.
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Internal connection may also be permitted.
(e) An efficiency kitchen must be provided in the unit which shall include all of the
following:
(1) A cooking facility with appliances, which may be countertop appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
(f) The unit may include separate bathroom facilities or may share bathroom facilities
contained within the primary residence. If a bathroom facility is shared with a primary
residence, a separate interior entry to the main living area is required.
(g) No separate utility connection, connection fee or capacity charge, or parking space
shall be required for a junior accessory dwelling unit.
30.54.50 Multifamily and duplex residential accessory dwelling unit standards.
Notwithstanding any other provisions of this article or of this chapter to the contrary,
accessory dwelling units within duplex or multifamily zoned and developed properties
shall be permitted and comply with the following:
(a) Portions of the existing duplex or multifamily dwelling structure(s) that are not used
as livable space (including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages) may be converted for use as accessory
dwelling units; provided, that the total number of units must not exceed twenty -five
percent (25%) of the existing multifamily dwelling units or one (1) unit, whichever is
greater.
(b) An owner may also construct up to a maximum of two (2) detached accessory
dwelling units on a lot that has an existing permitted or proposed duplex or multifamily
dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side
setbacks.
(c) Height. Accessory dwelling units are limited to a maximum height of 16 feet, except
as established below:
(1) A detached accessory dwelling unit located within a half-mile of a major
transit stop or high-quality transit corridor is limited to a maximum height of 18
feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to
match the roof pitch of the primary dwelling unit.
(2) A detached accessory dwelling unit located on a parcel with a multistory,
multifamily dwelling structure is limited to a maximum height of 18 feet.
(d) Each unit shall be limited in accordance with the maximum size parameters provided
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in section 30.54.30(d)
30.54.60 Definitions.
As used in this article, the following terms shall be defined as follows:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that
provides complete independent living facilities for one (1) or more persons and is
located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking and a food preparation area
(which may include countertop appliances), and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated. “Accessory dwelling unit” also
includes the following:
(a) An efficiency unit, as defined in California Health and Safety Code Section 17958.1.
(b) A manufactured home, as defined in California Health and Safety Code Section
18007.
“Attached accessory dwelling unit” means a residential dwelling unit that is created as a
result of internal conversion, addition, or combination thereof made to the primary
residential dwelling unit.
“High-quality transit corridor” means a corridor with fixed bus route service with service
intervals no longer than 15 minutes during peak commute hours as defined in Section
21155 of the Public Resources Code.
“Junior accessory dwelling unit” means a unit that is no more than five hundred (500)
square feet in size and contained entirely within a single-family residence. A junior
accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
“Living area” means the interior habitable area of a dwelling unit, including basements
and attics, but does not include a garage or any accessory structure.
“Major transit stop” means an existing rail or bus rapid transit station, a ferry terminal
served by either a bus or rail transit service, or the intersection of two or more major bus
routes with a frequency of service interval of 15 minutes or less during the morning and
afternoon peak commute periods as defined in Section 21064.3 of the Public Resources
Code.
“Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
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proponent and the public official prior to submittal.
“Public transit” means a location, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms of transportation
that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two (2) or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-11 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, December 4, 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 Tuesday, December 5, 2023.
____________________________________
Thai Nam Pham, MMC, CPMC
City Clerk of the City of Gilroy
(Seal)