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Ordinance No. 2024-01 Combined Zoning Change OrdinanceORDINANCE 2024-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE XI (RESIDENTIAL USE TABLE) TO IMPLEMENT VARIOUS PROGRAMS OF THE GILROY 2023-2031 HOUSING ELEMENT 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, on May 1, 2023, the City of Gilroy City Council adopted the Gilroy 2023-2031 Housing Element; and WHEREAS, the City intends to implement various programs of the Gilroy 2023- 2031 Housing Element, including but not limited to Program A-3 (By-Right Approval of Projects with 20 Percent Affordable Units on “Reused” RHNA Sites), Program A-10 (Facilitate Missing Middle / Middle Income Housing), Program E-2 (Zoning to Encourage and Facilitate Single Room Occupancy Units), Program E-3 (Emergency Shelter Standards), Program E-5 (Incentivize Micro Units), Program E-8 (Consistency with the Employee Housing Act), Program E-10 (Development and Rehabilitation of Housing for Persons with Disabilities), and Program E-13 (Permanent Supportive Housing); and WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XI (Residential Use Tables) currently regulates permitted and conditional uses in the City’s residential zoning districts; and WHEREAS, adoption of the Zoning Ordinance text amendment is necessary to implement the Gilroy 2023-2031 Housing Element Programs A-3, A-10, E-2, E-3, E-5, E- 8, E-10, and E-13; 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) where it can be seen with certainty that the Zoning Ordinance text amendment would not result in a significant environmental effect; and WHEREAS, on May 2, 2024, 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 24-0001); and WHEREAS, on May 2, 2024, the Planning Commission unanimously recommended the City Council find that approval of Zoning Amendment Z 24-0001 is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), and adopt an Ordinance, approving Zoning Amendment Z 24-0001, amending the Gilroy City Code, Chapter 30 (Zoning), Article XI (Residential Use Tables) in conformance with the City of Gilroy 2023-2031 Housing Element; and DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Ordinance No. 2024-01 Zoning Text Amendment City Council Regular Meeting | June 3, 2024 Page 2 of 4 1 6 6 6 WHEREAS, the City Council held a duly noticed public hearing on May 20, 2024, at which time the City Council received and considered the proposed 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 24- 0001); 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 provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types; Housing Element Goal 2 (Removal of Government Constraints) to remove or reduce governmental constraints to the development, improvement, and maintenance of housing where feasible and legally permissible; Housing Element Goal 5 (Special Housing Needs) to increase access to decent and suitable housing for Gilroy residents with special housing needs; Housing Element Program A-3 (By-Right Approval of Projects with 20 Percent Affordable Units on “Reused” RHNA Sites), Program A-10 (Facilitate Missing Middle / Middle Income Housing), Program E-2 (Zoning to Encourage and Facilitate Single Room Occupancy Units), Program E-3 (Emergency Shelter Standards), Program E-5 (Incentivize Micro Units), Program E-8 (Consistency with the Employee Housing Act), Program E-10 (Development and Rehabilitation of Housing for Persons with Disabilities), and Program E-13 (Permanent Supportive Housing); 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, BE IT RESOLVED THAT 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 XI, set forth in Exhibit ‘A’ regarding residential uses, are hereby adopted. DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Ordinance No. 2024-01 Zoning Text Amendment City Council Regular Meeting | June 3, 2024 Page 3 of 4 1 6 6 6 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 not 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. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 3rd day of June 2024 by the following roll call vote: AYES: NOES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, BLANKLEY COUNCIL MEMBERS: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: TOVAR APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Beth Minor, Interim City Clerk Attachment: 1.Exhibit ‘A’: Proposed amendments to Chapter 30 (Zoning), Article XI DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Ordinance No. 2024-01 Zoning Text AmendmentCity Council Regular MeetingJune 3, 2024 1 6 6 6 CERTIFICATE OF THE CLERK I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2024-01 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 Monday, June 3, 2024, with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this June 3, 2024. ____________________________________ Beth Minor Interim City Clerk of the City of Gilroy DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Page 1 of 5 EXHIBIT “A” ORDINANCE 2024-XX Gilroy City Code, Chapter 30 (Zoning), Article XI is hereby modified as follows (where new text is indicated in bold type and deleted text is crossed out): (c) Residential Use Table A1 RR R1 R2 R3 R4 RH ND Accessory Building X X X X X X X * Temporary Building X X X X X X X * Agricultural Uses Agriculture X X C5 C5 C5 C5 C5 * Agriculture X X C C C C C * Animal Husbandry C C * Animal Services * Animal Boarding X X * Veterinary Hospital X X * Commercial Uses Bed/Breakfast Establishment (1—2 Rooms)C 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 Occupation2 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 * Public and Semi-Public Uses Community Garden X X X X X X * Emergency Shelter7 C C C C C X C * 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 C4 C4 C4 C4 C4 C4 * DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Page 2 of 5 A1 RR R1 R2 R3 R4 RH ND Private Neighborhood Park, Recreation Facility (2)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 * Supportive and Transitional Housing6 X X X X X X X * Housing / Residential Uses (3) Accessory Dwelling Unit1 X X X X X X * Accessory Dwelling Unit (1)X X X X X X X * Condominiums / Townhomes X X X * Duplex X3 X X X * Duplex (1)X X X X X * Efficiency Dwelling / Micro Unit (1)X X X X X X X Emergency Shelter (1)C C C C C X C * Employee / Agricultural Worker Housing (1)X X X X X X X * Home Occupation (4)X X X X X X X * Mobile Home Park C C X X * Multiple-Family Building (3 or more units)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 * Residential Care Homes (1)X X X X X X X * Single-Family Dwelling or Modular Home X8 X X X X X X * Single-Family Dwelling or Modular Home X X X X X X X * Single-Room Occupancy (SRO) (1)X * Supportive and Transitional Housing (1)X X X X X X X * Townhouse X X X * 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 Article XLVII. * = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located. 1 Accessory dwelling unit(s) and/or junior accessory dwelling units may be allowed subject to DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Page 3 of 5 compliance with the regulations prescribed in Article LIV. 2 Permitted only if the regulations of Article XL are met. 3 A duplex dwelling is permitted when all of the following conditions are met: (a) The duplex dwelling shall be located on a corner lot only; and (b) 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 (c) The duplex shall not increase the overall density within any given land subdivision beyond the maximum of seven and one-fourth (7 1/4) dwelling units per net acre. 4 Conditional use permit required unless otherwise allowed through an approved planned unit development. 5 Planning commission approval of a conditional use permit is required for all new agricultural uses. 6 Supportive and/or transitional housing that serves more than six (6) individuals, provides on- site services and is licensed by the state as a group home shall only be allowed upon the granting of a conditional use permit. 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. 8 One (1) residential dwelling unit may be permitted on an A1 zoned parcel that has a minimum size of twenty (20) acres or more. Subdivision of land for further development is not permitted without rezoning to another zoning district that implements the general plan land use map. X = Principally permitted (See Article L for related planning application requirements). C = Subject to the approval of a conditional use permit (see Article L, Section 30.50.30) T = Subject to the approval of a temporary use permit (see Article XLVII). * = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located. (1) See Section 32.11.15 (Specific Housing Use Types) (2) A private neighborhood park or recreation facility is subject to the approval of a Conditional Use Permit granted by the planning commission, unless otherwise allowed through an approved planned unit development. (3) For mixed-use projects, the residential portion shall comply with the density standards and the non-residential portion shall comply with the FAR requirements. (4) A home occupation shall meet the requirements of Article XL and shall be subject to approval of a Zoning Clearance by the Planning Manager or designee. 32.11.15 Specific Housing Use Types (a) Accessory Dwelling Unit(s). Accessory dwelling unit(s) and/or junior accessory dwelling units are permitted subject to compliance with the regulations prescribed in Article LIV. (b) Emergency Shelter. Emergency shelters shall be subject to the performance standards listed in Article XLI, section 30.41.32. Emergency shelters shall be permitted by right in the DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Page 4 of 5 R4 zone district and areas designated mixed use (MU) on the Gilroy 2040 General Plan land use diagram. (c) Efficiency Dwelling / Micro Unit. Pursuant to Health and Safety Code Section 17958.1, there shall be no limit on the number of efficiency units, whose meaning is as specified in Part 2 of Title 24 of the California Code of Regulations, the California Building Code, on property located within one-half mile of public transit or where there is a car share vehicle located within one block of the efficiency unit. Any requirements related to density, setbacks, lot coverage, or height restrictions are not considered a limit on the number of efficiency units. (d) Employee / Agricultural Worker Housing. Pursuant to Health and Safety Code Section 17021.5, employee housing for six or fewer persons will be treated as a single-family structure and residential use, subject to the same density requirements, regulations, and objective standards that apply to other single-family dwellings in the same zone (A1, RR, R1). Pursuant to Health and Safety Code Section 17021.6, employee housing consisting of 36 or fewer beds in group quarters, or 12 or fewer units designed for use by a single family or household will be treated as an agricultural use, subject to the same density requirements, regulations, and objective standards that apply to other agricultural activity in the same zone (R2, R3, R4, RH, ND). (e) Housing Element Opportunity Sites. Development projects on property identified in the Gilroy 2023-2031 Housing Element RHNA Opportunity Sites Inventory shall include replacement units, subject to the requirements of Government Code section 65915, subdivision (c)(3). Pursuant to Government Code Section 65583.2.(c), a non-vacant site that has been identified as a housing opportunity site in a prior Housing Element and a vacant site that has been included in two or more consecutive Housing Element planning periods shall be allowed residential use by right (with approval of a building permit) for housing developments in which at least 20 percent of the units are affordable to lower income households. Pursuant to Government Code Section 65583.2.(i), the development shall comply with the City of Gilroy’s objective development and design standards and a proposed subdivision of the property shall be subject to all laws, including, but not limited to, City ordinances implementing the Subdivision Map Act. (f) Duplex/Triplex/Fourplex Housing. A duplex is permitted on a corner parcel that is at least 8,000 square feet in size in the R1 Zoning District. A triplex or fourplex development is permitted on a corner parcel in the R1 and R2 Zoning Districts when such development is proposed in lieu of an ADU and/or JADU, the project complies with adopted objective design standards, the lot area is at least 8,000 square feet, and the lot was created prior to May 1, 2023. (g) Residential Care Homes. Residential care homes (also known as group homes) are subject only to the density requirements, regulations, and objective standards that apply to other residential dwellings of the same type (e.g., single-family or multi-family) in the same zone, with no additional requirements based solely on the number of units provided, other than density requirements. (h) Single-Room Occupancy. Single Room Occupancy (SRO) Housing is subject to the same restrictions and objective standards that apply to multi-family dwellings within the same zone. SRO Housing means a structure that provides living units that have separate DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E Page 5 of 5 sleeping areas and some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents. SRO includes structures commonly called residential hotels or rooming houses. (i) Supportive and Transitional Housing. Supportive and transitional housing is permitted in all residential zones subject only to those restrictions and objective standards that apply to other residential dwellings of the same type (e.g., single-family or multi-family) in the same zone, when such housing meets the criteria listed in Government Code Section 65651. Parking is not required for units occupied by supportive housing residents if the development is located within one-half mile of a public transit stop. DocuSign Envelope ID: 99198C09-44D6-4C5E-89FD-833238B4753E