HomeMy WebLinkAbout09/09/2019 City Council - Regular Meeting Packet
September 4, 2019 4:24 PM City Council Regular Meeting Agenda Page1 MAYOR
Mayor Roland Velasco
COUNCIL MEMBERS
Marie Blankley
Dion Bracco
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
Cat Tucker
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, SEPTEMBER 9, 2019
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE CITY COUNCIL. Persons wishing to address the Coun cil are requested, but not required, to
complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable
regulations, including but not limited to time restrictions for each individual speaker. A minimum
of 12 copies of materials should be provided to the City Clerk for distribution to the Council and
Staff. Please limit your comments to 3 minutes.
In compliance with the Americans with Disabilities Act, the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408)
846-0204. A sound enhancement system is also available for use in the City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstanc es, there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available for public inspection with the agenda packet in the lobby o f
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials
are also available with the agenda packet on the City website at www.cityofgilroy.org subject to
Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
City Council Regular Meeting Agenda
09/9/2019 Page2
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or
shawna.freels@cityofgilroy.org
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. City Clerk's Report on Posting the Agenda
3. Invocation
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Honoring Retiring Employee Kurt Svardal
2. Certificates of Appreciation to Businesses That Donated to the City During
the Garlic Festival Incident
3. Proclamamtion Naming September 17 to September 23, 2019 Constitution
Week
III. PRESENTATIONS TO THE COUNCIL
PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council
on matters not on this agenda. The law does not permit Council action or extended discussion of
any item not on the agenda except under special circumstances. If Council action is requested, the
Council may place the matter on a future agenda. Written material provided by public members for
Council agenda item “public comment by Members of the Public on items not on the agenda” will be
limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.)
A. Physically Challenged Board of Appeals Annual Presentation
City Council Regular Meeting Agenda
09/9/2019 Page3 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Downtown Business Association Board (alternate),
Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Joint Planning
Advisory Committee (alternate), South County Regional Wastewater Authority, South
County Youth Task Force Policy Team (alternate), Street Naming Committee
Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee,
Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat
Agency Implementation Board, Street Naming Committee, Visit Gilroy Board
Council Member Blankley - ABAG, Cities Association of Santa Clara Co. Board of
Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities
Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-Board
Water Resources Committee, South County Regional Wastewater Authority, VTA Board
of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group
Council Member Marques - Gilroy Downtown Business Association Board, Santa
Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat
Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board
(alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility
(alternate)
Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency
Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD
Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County
Regional Wastewater Authority, South County United for Health, Street Naming
Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee
(alternate)
Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate),
Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team, VTA Mobility Partnership
Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic
Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens
Board of Directors, Historic Heritage Committee (alternate), South County Joint
Planning Advisory Committee, South County Regional Wastewater Authority (alternate),
URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City
Group (alternate)
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item remove d from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
09/9/2019 Page4 A. Minutes of the August 19, 2019 Regular Meeting
B. Approval of City Response to the 2018-2019 Civil Grand Jury of Santa Clara
County Report Entitled “Inquiry into Governance of the Valley
Transportation Authority”
C. Acceptance of an Office of Traffic Safety Selective Traffic Enforcement
Program Grant in the Amount $96,000 in the Fiscal Year 2019-2020 Budget
VII. BIDS AND PROPOSALS
A. First Amendment to the Agreement with Chrisp Company in the Amount of
$100,000 and Time Extension for the Pavement Striping Maintenance
Program
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve a first amendment to the agreement with Chrisp Company in the amount
of $100,000 and time extension to May 2020, and authorize the City
Administrator to execute the amendment and associated documents.
VIII. PUBLIC HEARINGS
A. Consideration of an Amendment to Gilroy City Code Chapter 30 to Make
Minor Revisions and Amend, Repeal or Replace Provisions Including the
Definitions, Land Use Table, Parking and Storage, Nonconforming Uses,
Minor Modifications, and Accessory Dwelling Unit Regulations, to Ensure
Internal Consistency, Improve Interpretations and Conform with State Laws
(Z 18-07) (continued from 8/5/2019 and 8/19/2019 regular meetings)
1. Staff Report: Greg Larson, Interim Community Development Director
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading .
b) Introduce an Ordinance of the City Council of the City of Gilroy amending
sections of Chapter 30 of the Gilroy Code related to general plan and zoning
relationship, definitions, land use tables and standards, parking, storage, RV park
development, non-conforming uses, minor modifications and accessory dwelling
unit standards.
IX. UNFINISHED BUSINESS - NONE
X. INTRODUCTION OF NEW BUSINESS
A. Report on July 4, 2019 Fireworks Enforcement and Review of City Code
Section 10A “Fireworks”
City Council Regular Meeting Agenda
09/9/2019 Page5 1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
B. Consideration of Proposed Amendments to Chapter 16 of the Gilroy City
Code Entitled "Offenses - Miscellaneous" to Include New Sections to the
Definition of Deadly Weapons and to Prohibit Possession of Imitation
Firearms with Specific Exceptions
1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. Possible Action:
Direct staff to draft amendments the Gilroy City Code Chapter 16 entitled
"Offenses - Miscellaneous" to include new sections to the definition of deadly
weapons and to prohibit possession of imitation firearms with specific exceptions.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR – UNREPRESENTED EMPLOYEES;
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11
(4) (a); Employee Groups: Exempt Department Heads: City Negotiator: Gabriel
Gonzalez, City Administrator; Anticipated Issue(s) Under Negotiation: Wages,
Hours, Benefits, Working Conditions
1. Public Comment on Closed Session Items
2. Adjourn to Closed Session
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if re quired
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
MEETING DATES
SEPTEMBER, 2019
9* Regular Meeting - 6:00 p.m., City Council Chambers
16* Special Meeting/Interviews 5:30 p.m./Regular Meeting - 5:30 p.m., City
Council Chambers
17* Special Meeting - 6:00 p.m., City Council Chambers
OCTOBER, 2019
7* Regular Meeting - 6:00 p.m., City Council Chambers
21* Regular Meeting - 6:00 p.m., City Council Chambers
28 Special Joint Meeting with Santa Clara Valley Water District. - 6:00 p.m.,
Morgan Hill Council Chambers
City Council Regular Meeting Agenda
09/9/2019 Page6
NOVEMBER, 2019
4* Regular Meeting - 6:00 p.m., City Council Chambers
18* Regular Meeting - 6:00 p.m., City Council Chambers
DECEMBER, 2019
2* Regular Meeting - 6:00 p.m., City Council Chambers
9* Special Meeting/Board & Commission Interviews - 6:00 p.m., City
Council Chambers
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Starbucks
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 7 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
McDonald’s
Camino Arroyo
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 8 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Straw Hat Pizza
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 9 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Dave Bozzo
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 10 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Buffalo Wild Wings
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 11 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Saigon Bistro
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 12 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Black Bear Diner
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 13 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Old City Hall
Restaurant
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 14 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
YMCA Kitchen
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 15 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Doña Maria
Restaurant San Jose
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 16 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
1st Street Coffee
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 17 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Claddagh Restaurant
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 18 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Chili’s Bar & Grill
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 19 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Longhouse Restaurant
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 20 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Denny’s
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 21 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Famous Dave’s
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 22 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Home Depot
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 23 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Peninsula Building
Materials
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 24 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Cresco Equipment
Rental
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 25 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Certificate of Appreciation
The Mayor and City Council
of the City of Gilroy
Issues to
Zaavy Apparel
this Certificate of Gratitude Recognizing Your
Donation to the City of Gilroy, and our
Public Safety and Emergency Operations
Center Staff
During the Garlic Festival Incident
________________
Mayor Roland Velasco
2.A.2
Packet Pg. 26 Communication: Certificates of Appreciation to Businesses That Donated to the City During the Garlic Festival Incident (Proclamations,
Proclamation of the City of Gilroy
WHEREAS, the Constitution of the United States of America,
the guardian of our liberties, embodies the principles of limited government
in a republic dedicated to rule by law; and
WHEREAS, September 17, 2019 marks the two hundred and
thirty-second anniversary of the framing of the U.S. Constitution by the
1787 Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition
to this magnificent document, and it’s memorable anniversary, and to the
patriotic celebrations which will commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a
proclamation by the President of this great country designating September
17 through 23rd as Constitution Week.
NOW, THEREFORE, I, ROLAND VELASCO,
Mayor of the City of Gilroy, and on behalf of the entire City Council, do
hereby proclaim the week of September 17 through 23, 2019 as
Constitution Week
in the City of Gilroy and ask our citizens to reaffirm the ideals of the Framers of
the Constitution by vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties.
____________________
Roland Velasco, Mayor
2.A.3
Packet Pg. 27 Communication: Proclamamtion Naming September 17 to September 23, 2019 Constitution Week (Proclamations, Awards, and Presentations)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of City Response to the 2018-2019 Civil Grand Jury of
Santa Clara County Report Entitled “Inquiry into Governance of the
Valley Transportation Authority”
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Administration
Submitted By: Gabriel Gonzalez
Prepared By: Girum Awoke
Trevin Barber
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve the City’s response to the 2018-2019 Civil Grand Jury of Santa Clara County
report entitled “Inquiry into Governance of the Valley Transportation Authority”.
BACKGROUND
On August 15, 2018 a Santa Clara County Civil Grand Jury was formed to revisit the
subject of the Valley Transportation Authority’s (VTA) governance structure. Grand
Jurys with a similar purpose had been formed in 2008-2009 as well as 2003-2004.
On June 18, 2019, the 2018-2019 Santa Clara County Civil Grand Jury released a
report that carefully examined the operation and governance of VTA. The report made
several findings, an executive summary of which is here below:
6.B
Packet Pg. 28
The Grand Jury finds the VTA to be in the midst of a financial crisis with an
overwhelming budget deficit and very little to no reserves.
VTA’s operating performance has continued to deteriorate over the last 10 years,
relative to both its own historical performance and the performance of its
peers, across a wide variety of metrics;
The VTA Board has consistently failed to adequately monitor VTA’s financial
performance and has taken action, albeit less than fully effective action, only
in the face of imminent financial crises; and
Despite the serious ongoing structural financial deficit, the VTA Board has been
unwilling to review and reconsider decisions made years or even decades
ago regarding large capital projects (and their attendant operating costs) that
are no longer technologically sound or financially viable, based on their costs
and projected ridership.
While there are many findings and recommendations, the Civil Grand Jury specifically
requested that constituent agencies respond to Finding 1 – Recommendation 1c, 1d,
and 1e as these pertain to cities. The text of the findings and recommendations rom the
report is as follows:
Finding 1 of the report states:
“The VTA Board, currently made up exclusively of elected
official from the Santa Clara County, Board of S upervisors,
the City of San Jose and the other smaller cities in the
County, suffers from:
• A lack of experience, continuity and leadership;
• Inadequate time for the directors to devote to their
duties to the VTA Board due to their primary focus on
the demands of their elected positions;
• A lack of engagement on the part of some directors,
fostered in part by the committee system, resulting in
VTA functioning largely as a staff-driven organization;
• Domination, in terms of numbers, seniority and
influence, by representation of the Santa Clara
County Board of Supervisors and the City of San
Jose; and
• Frequent tension between the director’s fiduciary
duties to VTA and its regional role, on the one hand,
6.B
Packet Pg. 29
and the political demands of their local elected
positions, on the other.”
Recommendation 1c of the report states:
“As constituent agencies of VTA, each of the cities in the
County should prepare and deliver to VTA and the County
Board of Supervisors a written report setting forth its views
regarding VTA governance… These reports should be
completed and delivered prior to December 31, 2019.”
Recommendation 1d of the report states:
“Within six months following the completion of the studies
and report specified in Recommendation 1a, 1b, and 1c, the
County of Santa Clara and /or one or more of VTA’s other
constituent agencies should propose enabling legislation ,
including appropriate amendments to Sections 100060
through 100063 of the California Public Utilities Code, to
improve the governance structure of VTA (which p otentially
could include an increase in the directors’ term of service,
the addition of term limitations and the inclusion of appointed
directors who are not currently serving elected officials).”
Recommendation 1e of the report states:
“In order to provide more continuity in the leadership of the
VTA Board, within six months following the completion of the
studies and reports specified in Recommendations 1a, 1b,
and 1c, the County of Santa Clara and/or one or more of
VTA’s other constituent agencies, should propose enabling
legislation amending Section 100061 of the California Public
Utilities code to provide that the Chairperson of the VTA
Board shall be elected for a term of two years rather than
one.
ANALYSIS
The City of Gilroy is a constituent agency and in accordance with California Penal Code
Section 933(c), the City of Gilroy City Council has the responsibility to submit a
response to the Civil Grand Jury Report dated June 18, 2019. Staff has prepared the
following draft responses and submits them now for the City Council’s review; the full
letter and response is attached to this report.
Finding 1 Response: The City of Gilroy recognizes the severity of this finding and
agrees that a more experienced and diverse group of directors would better serve VTAs
6.B
Packet Pg. 30
financial longevity and the public trust. Consistent with recommendation 1c, our City will
deliver a report regarding its view of VTA governance and demographic representation
significance by December 31, 2019.
Finding 1, Recommendation c Response: As a constituent and appointing agency,
the City of Gilroy recognizes our important obligation, right, and responsibility to
participate in the discussion on VTA governance. The City of Gilroy intends to look
critically at the issue of jurisdictional diversity and methods of ensuring proportional, but
highly qualified demographic representation that will support the financial longevity of
the VTA and protect the public trust. We will have a report prepared in accordance with
the time schedule provided by the Grand Jury; December 31, 2019.
Finding 1, Recommendation d and e Response: The City of Gilroy will anticipate
commenting on this item after Recommendation 1a, 1b, and 1c have been fully
implemented. The City of Gilroy looks forward to being an active participant in
determining the implementation action plan for any agreed upon governance changes
that will support the financial longevity of the VTA and protect the public trust.
FISCAL IMPACT/FUNDING SOURCE
There is not a direct fiscal impact associated with submitting the City’s response to the
Civil Grand Jury.
Attachments:
1. DRAFT - Response to Recent Grand Jury Report.v3
6.B
Packet Pg. 31
City of Gilroy City Hall
7351 Rosanna Street
Gilroy, California
95020-6197
September 9, 2019
Honorable Deborah A. Ryan, Presiding Judge
ATTN: Clerk of the Court - Santa Clara County Superior Court
191 North First Street,
San Jose, CA 95113
RE: Response to Grand Jury Report: Inquiry into Governance of the Valley
Transportation Authority, dated June 18, 2019.
Honorable Judge Ryan,
The Civil Grand Jury requested that constituent cities respond to Finding 1 – Recommendation
1c, 1d, and 1e. In accordance with California Penal Code Section 933(c), the City of Gilroy City
Council respectfully submits the following responses to the Grand Jury Report dated June 18,
2019. The City of Gilroy is a willing and active participant in the discussions around improving
VTA governance and appreciates the opportunity to submit our response to the recent Grand Jury
Report. Please consider our responses here below:
Finding 1 of the report states:
“The VTA Board, currently made up exclusively of elected official
from the Santa Clara County, Board of Supervisors, the City of
San Jose and the other smaller cities in the County, suffers from:
• A lack of experience, continuity and leadership;
• Inadequate time for the directors to devote to their duties to
the VTA Board due to their primary focus on the demands
of their elected positions;
• A lack of engagement on the part of some directors,
fostered in part by the committee system, resulting in VTA
functioning largely as a staff-driven organization;
• Domination, in terms of numbers, seniority and influence,
by representation of the Santa Clara County Board of
Supervisors and the City of San Jose; and
6.B.a
Packet Pg. 32 Attachment: DRAFT - Response to Recent Grand Jury Report.v3 (2389 : Approval of Response to Grand Jury Report Regarding VTA response)
• Frequent tension between the director’s fiduciary duties to
VTA and its regional role, on the one hand, and the
political demands of their local elected positions, on the
other.”
Response: The City of Gilroy recognizes the severity of this finding and agrees that a more
experienced and diverse group of directors would better serve VTAs financial longevity and the
public trust. Consistent with recommendation 1c, our City will deliver a report regarding its view
of VTA governance and demographic representation significance by December 31, 2019.
Recommendation 1c of the report states:
“As constituent agencies of VTA, each of the cities in the County
should prepare and deliver to VTA and the County Board of
Supervisors a written report setting forth its views regarding VTA
governance… These reports should be completed and delivered
prior to December 31, 2019.”
Response: As a constituent and appointing agency, the City of Gilroy recognizes our important
obligation, right, and responsibility to participate in the discussion on VTA governance. The City
of Gilroy intends to look critically at the issue of jurisdictional diversity and methods of ensuring
proportional, but qualified demographic representation that will support the financial longevity
of the VTA and protect the public trust. We will have a report prepared in accordance with the
time schedule provided by the Grand Jury; December 31, 2019.
Recommendation 1d of the report states:
“Within six months following the completion of the studies and
report specified in Recommendation 1a, 1b, and 1c, the County of
Santa Clara and /or one or more of VTA’s other constituent
agencies should propose enabling legislation , including
appropriate amendments to Sections 100060 through 100063 of
the California Public Utilities Code, to improve the governance
structure of VTA (which potentially could include an increase in
the directors’ term of service, the addition of term limitations and
the inclusion of appointed directors who are not currently serving
elected officials).”
Similarly recommendation 1e of the report states:
“In order to provide more continuity in the leadership of the VTA
Board, within six months following the completion of the studies
and reports specified in Recommendations 1a, 1b, and 1c, the
County of Santa Clara and/or one or more of VTA’s other
constituent agencies, should propose enabling legislation
6.B.a
Packet Pg. 33 Attachment: DRAFT - Response to Recent Grand Jury Report.v3 (2389 : Approval of Response to Grand Jury Report Regarding VTA response)
amending Section 100061 of the California Public Utilities code to
provide that the Chairperson of the VTA Board shall be elected for
a term of two years rather than one.
Response: The City of Gilroy will anticipate commenting on this item after Recommendation
1a, 1b, and 1c have been fully implemented. The City of Gilroy looks forward to being an active
participant in determining the implementation action plan for any agreed upon governance
changes that will support the financial longevity of the VTA and protect the public trust.
The City of Gilroy appreciates your individual attention and assistance in this matter. If you have
any questions on this matter please contact the City Administrator Gabriel Gonzalez. Mr.
Gonzalez can be reached at his office phone number of 408-846-0202 or by his work e-mail
address at gabe.gonzalez@cityofgilroy.org.
Sincerely,
CIT Y OF GILROY
Roland Velasco
Mayor, City of Gilroy
cc: City of Gilroy City Council Members
Chair Teresa O’Neill, Valley Transportation Authority
Nuria Fernandez, General Manager, Valley Transportation Authority
Larry Carr, Morgan Hill City Councilmember and VTA South County Representative
6.B.a
Packet Pg. 34 Attachment: DRAFT - Response to Recent Grand Jury Report.v3 (2389 : Approval of Response to Grand Jury Report Regarding VTA response)
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of an Office of Traffic Safety Selective Traffic
Enforcement Program Grant in the Amount $96,000 in the Fiscal
Year 2019-2020 Budget
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Police Department
Submitted By: Scot Smithee
Prepared By: Scot Smithee
Patricia Vigil
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy amending the budget for
Fiscal Year 2019-2020 and appropriating proposed expenditure amendments.
EXECUTIVE SUMMARY
The City of Gilroy has been the recipient of the Office of Traffic Safety Grant for several
years. The Office of Traffic Safety released a solicitation for grant applications for the
"Selective Traffic Enforcement Program" (STEP) grant in January 2019. The Gilroy
Police Department applied for and was tentatively awarded a grant for $96,000. The
objective of the grant is to reduce incidents of fatal and injury collisions involving
vehicles, bicycles and pedestrians by use of targeted traffic enforcement operations and
enhanced traffic analytics.
6.C
Packet Pg. 35
BACKGROUND:
The California Highway Safety Program is a partnership effort between the National
Highway Traffic Safety Administration and California. The Office of Traffic Safety is
designated by the Governor to receive federal traffic safety funds for coordinating
California’s highway safety programs. Each year the Office of Traffic Safety develops a
Highway Safety Plan identifying the key highway safety problems in the State and the
most effective countermeasures to address them. The Office of Traffic Safety then
solicits proposals statewide to address the identified problems and allocates funds to
state and local governmental agencies to implement traffic safety programs and grants.
In June 2019, the Office of Traffic Safety notified the Gilroy Police Department of
tentative approval of our grant application for $96,000. The grant cycle is from October
1, 2019 to September 30, 2020 to expend the funds through reimbursement process. As
a condition of the award process, the governing body of the applying jurisdiction must
approve the acceptance of the award prior to final acceptance and allocation of funds.
Police Officers will conduct 3 DUI checkpoints and 25 DUI saturation patrols provided
by overtime funded by the grant. Police Officers will also attempt to reduce injury and
fatal collisions by conducting 10 special traffic enforcement operations and 8 distracted
driver operations. Acceptance of the grant requires the Police Department to provide
training in DUI enforcement to Police Officers and traffic safety training to members of
the community without reimbursement. The Police Department hosts a DUI trai ning
class taught by CHP so Gilroy Police Officers can attend without additional costs and
the Traffic Unit provides bicycle and pedestrian classes for schoolchildren during the
course of their normal workdays.
A requirement of the grant is the police department participates in several national
campaigns in conjunction with the Office of Traffic Safety such as Distracted Driver
Month, winter and summer Anti-DUI campaigns, Pedestrian Safety Month, and Safe
Routes to Schools.
$21,000 of the grant funds are allocated for technology improvements through the
replacement of the current electronic citation system to Crossroads electronic citation
system. The Police Department and City Traffic Engineers currently use Crossroads
Traffic Analytics to analyze traffic accidents. The Crossroads electronic citation system
integrates with the Traffic Analytics system for a better overall analysis of enforcement
actions. Additionally, Crossroads charges a site license for use of their citation system
whereas; the current vendor charges a fee per user plus an annual fee. Utilization of the
Crossroads electronic citations system will potentially allow Officers not assigned to the
Traffic Unit to issue electronic citations without additional costs.
ANALYSIS
6.C
Packet Pg. 36
In order to continue traffic related enforcement operations, City Council action is
required to appropriate the grant funds into the Fiscal Year 2020 Budget. The proposed
Fiscal Year 2020 budget appropriation is as follows:
Office of Traffic Safety (OTS) Grant
Fund - 235
Department - 1401
Program – 3717
Account Budgeted Amount Title
4265 $96,000 Program Expenses
ALTERNATIVES
1. Approve appropriation of the Office of Traffic Safety Selective Traffic
Enforcement Program Grant funds for $96,000 into the Fiscal Year 2020 Budget
under the Office of Traffic Safety (OTS) FY20 Grants, fund 235. STAFF
RECOMMENDS THIS ALTERNATIVE
2. Reject approval to appropriate the Office of Traffic Safety Selective Traffic
Enforcement Program Grants funds for $96,000 into the Fiscal Year 2020
Budget. Funds would not be available to support programs. STAFF DOES NOT
RECOMMEND THIS ALTERNATIVE
FISCAL IMPACT/FUNDING SOURCE:
Approval of this action would increase fundin g to the Police Department’s Office of
Traffic Safety (OTS) Grants Fund for $96,000 in the Fiscal Year 2020 Budget.
PUBLIC OUTREACH
The Police Department will conduct a public engagement campaign via our digital
media platforms prior to each scheduled DUI checkpoint and participation of national
campaigns in addition to the grant required “Kickoff” press release.
Attachments:
1. Attachment A- OTS Grant Fund Resolution FY20
6.C
Packet Pg. 37
RESOLUTION NO. 2019-XX
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR FISCAL YEAR 2019-2020
IN THE OFFICE OF TRAFFIC SAFETY GRANTS FUND
AND APPROPRIATING PROPOSED EXPENDITURE
AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully
examined, considered and adopted the same on June 3, 2019; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report
dated September 9, 2019 for the Office of Traffic Safety Grants Fund, appropriating funding
received from the Office of Traffic Safety ; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Office of Traffic
Safety Grants Fund, Fund 235, are hereby increased by $96,000 for Fiscal Year 2019-2020.
PASSED AND ADOPTED this 9th day of September 2019 by the following roll call
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
6.C.a
Packet Pg. 38 Attachment: Attachment A- OTS Grant Fund Resolution FY20 (2380 : Acceptance of an Office of Traffic Safety Selective Traffic Enforcement
RESOLUTION NO. 2019-XX
ATTEST: Roland Velasco, Mayor
_________________________
Shawna Freels, City Clerk
6.C.a
Packet Pg. 39 Attachment: Attachment A- OTS Grant Fund Resolution FY20 (2380 : Acceptance of an Office of Traffic Safety Selective Traffic Enforcement
City of Gilroy
STAFF REPORT
Agenda Item Title: First Amendment to the Agreement with Chrisp Company in the
Amount of $100,000 and Time Extension for the Pavement Striping
Maintenance Program
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Nirorn Than
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve a first amendment to the agreement with Chrisp Company in the amount of
$100,000 and time extension to May 2020, and authorize the City Administrator to
execute the amendment and associated documents.
EXECUTIVE SUMMARY
The City is in need of continual support from contractors, in this case Chrisp Company,
due to the continuous need of regular maintenance and emergency responses for
pavement marking and striping modifications,.
7.A
Packet Pg. 40
Under the existing contract, Chrisp Company is the City’s pavement marking and
striping contractor. They provide services including: routine pavement striping
rehabilitation, emergency striping and pavement marker installation, and metal beam
guardrail repair. An extension to Chrisp Company’s contract would allow them to
continue to provide these essential services to the City.
BACKGROUND
Currently, the City owns and maintains nearly 124 center-line miles of road. In addition
to the pavement, the City is responsible for all the striping and pavement markers.
Striping and pavement marker installation includes, but are not limited to lane line
delineations, stop bars, crosswalks, bicycle lanes, legends, and reflective pavement
markers. All of which are important in providing a safe travel way for all road users.
In 2016, staff issued a Request for Proposals (RFP) for on-call striping and pavement
marking services. Based on staff’s thorough review of qualifications and experience and
subsequent recommendation, the City Council awarded a contract to Chrisp Company
in the amount of $170,000. This contract is set to expire on November 18, 2019. To-
date, the entire contract amount has been expended resulting in the need for this
contract amendment.
ANALYSIS
Traffic striping and pavement marker installation is a specialized work and few local
general contractors are qualified to provide these services. Chrisp Company, a local
contractor, was selected through a competitive review and interview process and has
been providing this service since 2016.
Services provided by Chrisp Company are different than the services provided by the
Public Works Operations Division. Chrisp Company possesses equipment and
expertise in permanent thermoplastic striping rather the temporary paint striping
provided by City crews. This permanent thermoplastic striping contains the proper
durability and reflectivity per the state standards. Additionally, Chrisp Company has the
resources and manpower to deliver larger projects where multiple miles of road need to
be restriped or reconfigured.
Per Exhibit A, Chrisp Company has proposed to extend their contract with minimum
adjustment to account for labor and material escalation. Staff requests Council’s
approval of a contract increase the contract amount from $100,000 to a total contract
value of $270,000. In addition, staff requests Council’s approval of a contract term
extension to November 2020 which will allow staff to put together a new RFP and select
a vendor for on-call striping and pavement marking services. The RFP is scheduled to
go out in the spring of 2020.
ALTERNATIVES
The City Council has two options:
7.A
Packet Pg. 41
1. Council may approve the contract amendment with Chrisp Company.
STAFF RECOMMENDS THIS OPTION because it allows for an additional
contractual budget limit and time to rehabilitate the striping and pavement
markers on our roads. This will also allow staff to complete this work prior
to the rainy season and help increase the safety of our roadways.
2. Deny the request for a contract amendment. STAFF DOES NOT
RECOMMEND THIS OPTION because without the increase in contractual
budget limit for these services purchasing rules will require a solicitation of
a new RFP. This process will push the award of contract well beyond the
rainy season and may increase the safety risk for road users.
FISCAL IMPACT/FUNDING SOURCE
The cost for this contract amendment is budgeted under Gas Tax 2106 (210) for Fiscal
Year 2020. There are sufficient funds in this account and staff recommends Council
approve the contract amendment with Chrisp Company.
NEXT STEPS
Staff reviews the most heavily traveled arterial and collector streets in the City and
assesses the need for re-striping based on safety. Staff has not fully completed this
evaluation, but will do so prior to issuing the task order to the contractor. Prior to that,
staff will provide a memo to the City Council informing them of the list of streets to be
restriped.
Attachments:
1. Exhibit A: Amendment No 1
7.A
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AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN
CITY OF GILROY AND CHRISP COMPANY FOR CONTRACTOR SERVICES DATED
NOVEMBER 18TH, 2016
AMENDMENT NO. 1
This Amendment shall become effective when it has been signed by the City Administrator, Department Head,
Project Engineer, City Engineer, and Contractor. All copies forwarded to Contractor for signature shall be
returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Co ntractor’s copy will be
returned to him as his authority to proceed with the work.
This amendment extends the term of the Agreement for Services between the City of Gilroy and Chrisp
Company dated November 18th , 2019 to
This amendment increases the total not-to-exceed contract amount from $170,000 to $270,000.00
This amendment revises the contract payment schedule and rate in accordance to Exhibit A
All requirements of the original Agreement Documents shall apply to the above work except as specifically
modified by this Amendment. The contract time shall not extend unless expressly provided for in this
Amendment.
Chrisp Company hereby agrees to make the above changes subject to the terms of this Amendment for
ongoing maintenance services.
Contractor: Chrisp Company.
By
David Morris, Vice President
Date
This amendment revises the contract language to include the following:
The City may direct the contractor by Field Directive to perform work outside of the
payment schedule and rate shown in Exhibit A. These works shall be done based on a
negotiated price. If either the amount of work or payment for these works cannot be
determined or agreed upon beforehand, the City may direct by written Field Directive that
the work be done on a force account basis. Force account payment shall be in accordance
to Exhibit B
May 29th, 2020.
7.A.a
Packet Pg. 43 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
ACCEPTED:
Project Engineer Date
City Engineer Date
_________________________________________
Department Head Date
_________________________________________
City Administrator Date
7.A.a
Packet Pg. 44 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
Chrisp Company Contractors License No. 374600
Fremont Office DIR Registration No. 1000000306 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence, Wire, wood Phone: (510) 656-2840 Fax: (510) 656-2397 C-32 Highway Improvement
Quotation Union Contractor / No minority Status
TO: Current Date: 2/20/2019 GILROY, CITY OF BidDate: 2/20/2019 7351 ROSANNA STREET JobName: Striping, Markers and Object Marker 2019-2020
GILROY CA 95020 Location: GILROY Bid#: 31682 0 Phone: (408) 846-0238 Fax: ( ) - Contract#: Job#: Working Days: Contact: Nirorn Than Liquidated Damages email: Nirorn.than@cityofgilroy.org ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
01 Detail 4 LF 0.70
02 Detail 9 LF 1.40
03 Detail 10 LF 1.15
04 Detail 21 LF 2.10
05 Detail 22 LF 3.50
06 Detail 23 LF 3.50
07 Detail 25 LF 1.15
08 Detail 25A LF 1.40
09 Detail 26 LF 0.60
10 Detail 27B LF 1.15
11 Detail 27C LF 1.10
12 Detail 29 LF 6.90
13 Detail 30 LF 4.60
14 Detail 32 LF 3.50
15 Detail 33 LF 3.50
16 Detail 37B LF 3.25
17 Detail 37C LF 3.25
18 Detail 38 LF 3.50
19 Detail 38B LF 3.70
20 Detail 39 LF 1.75
21 Detail 39A LF 1.70
22 Detail 40 LF 2.30
23 Detail 40A LF 2.30
24 Detail 41 LF 2.30
25 12" White or Yellow Crosswalk or Limit Line LF 4.60
26 12" White or Yellow Crosswalk Hatching LF 4.60
27 8" White or Yellow Thermoplastic LF 3.50
28 4-inch white lines for parkinq stalls (Paint) LF 1.15
29 Removing and sealing existing pavement marking SF 3.50
30 Removal of Markers LF 2.50
31 Type I 10' Arrow EA 69.00
32 Type I 18' Arrow EA 115.00
33 Type I 24' Arrow EA 145.00
34 Type II (L) Arrow EA 185.00
35 Type II (B) Arrow EA 255.00
36 Type III (L) Arrow EA 185.00
37 Type III (B) Arrow EA 255.00
38 Type IV Arrow EA 75.00
Page 1 of 4
Exhibit A
Payment Schedule and Payment Rate
7.A.a
Packet Pg. 45 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
Chrisp Company Contractors License No. 374600
Fremont Office DIR Registration No. 1000000306 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence, Wire, wood Phone: (510) 656-2840 Fax: (510) 656-2397 C-32 Highway Improvement
Quotation Union Contractor / No minority Status
39 Type V Arrow EA 155.00
40 Type VI Arrow EA 185.00
41 Type VII Arrow EA 140.00
42 Type VIII Arrow EA 185.00
43 Railroad Crossing Symbol EA 325.00
44 Disabled Persons Parking Symbol EA 245.00
45 Two-Way Blue Reflective Fire Hydrant Marker EA 20.00
46 Bike Lane with Arrow Pavement Marking (per City SF 6.90 Standard 27A)
47 Install Pavement Marking Words (STOP, SCHOOL SF 5.25
48 Install Pavement Marking Numbers (35, 35 etc.) SF 5.25
49 Stop Sign - Standard Size EA 420.00
50 Pedestrian Crossing Sign - Size 30x30 (W54) EA 420.00
51 School Children Crossing Sign - Standard Size EA 455.00
52 Handicap Parking Only Sign - (R99) EA 370.00
53 Green Thermoplastic Bike Lane SF 14.00
54 Traffic Control 1 Man - Minor Streets DAY 1750.00
55 Traffci Control 2 Man - Major Streets DAY 2850.00
Notes
Work Order Minimum $3500.00 ALL STRIPING/ PAVEMENT MARKING TO BE THERMOPLASTIC
Written Authorization is Required Prior to Proceeding With Work
ACCEPTED BY: P.O. Number
TITLE: Job Number Bond Rate Addendu 1.2%
This quote includes all stipulations found on page 4 QUOTE PREPARED BY David Morris (510) 719-6453 dmorris@chrispco.com CHRISP COMPANY
Page 2 of 4
7.A.a
Packet Pg. 46 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
Chrisp Company Contractors License No. 374600
Fremont Office DIR Registration No. 1000000306 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence, Wire, wood Phone: (510) 656-2840 Fax: (510) 656-2397 C-32 Highway Improvement
Quotation Union Contractor / No minority Status
COMMENTS, EXCLUSIONS, AND STIPULATIONS
The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co.
dated February 20, 2019 for the following project
Striping, Markers and Object Marker 2019-2021
• NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5,000.00
Page 3 of 4
• EXCLUDE: Installation or removal of temporary delineation
• Clean, clear and unobstructed access required for Chrisp Co. work
• Final PAY QTYS presented by owner MUST be agreed by Chrisp Co.
• EXCLUDE: Traffic Control Plan
• EXCLUDE: Fire Lane Striping and Signage
• EXCLUDE: Concrete Coring for Bollards
• EXCLUDE: Seal Coat
• EXCLUDE: Removal of Concrete Curing Material prior to PAINT / THERMOPLASTIC / PAVEMENT MARKER
• EXCLUDE: Furnishing and Installation of Mast Arm Signs
• EXCLUDE: Red-Lined As-Built Drawings
• If Chrisp Co. is required to DIG BY HAND do to issues U.S.A., etc.an additional $20.00 per hole will be charged
• Traffic Control IS NOT included for Chrisp Company Forces
• After receiving contract 10 working days written notice required prior to scheduling of work
• EXCLUDE: Special Insurance Requirements,(i.e. Railroad Insurance,______________________)
• All night lights required are to be supplied by general contractor
• EXCLUDE: WHEEL STOPS
• EXCLUDE: Pedestrian Barricades
• EXCLUDE: ALL Solar Powered LED Signs to be Done By Others
• EXCLUDE: Construction Area Signs
• This quotation excludes Primary Liability Insurance greater than $2,000,000.
• This quotation excludes all work associated with the project SWPP and WPCP.
• This quotation excludes installing permanent striping while other operations are in progress on jobsite.
• This quotation excludes performing removal work while other operations are in progress on jobsite.
• This quotation excludes the removal & disposal of hazardous grindings & spoils from jobsite.
• This quotation Excludes furnishing or placing ALL signage for advance posting of ramp closures / detours for our
operations.
7.A.a
Packet Pg. 47 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
Chrisp Company Contractors License No. 374600
Fremont Office DIR Registration No. 1000000306 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence, Wire, wood Phone: (510) 656-2840 Fax: (510) 656-2397 C-32 Highway Improvement
Quotation Union Contractor / No minority Status
• This quotation Excludes furnishing or placing ALL detour signage for our operations.
• EXCLUDE: Encroachment Permit (If required to be provided at No Cost to Chrisp Company)
• EXCLUDE: ALL Etching, Inscribing on curb,
• EXCLUDE: Engineering and/or staking of survey monuments
• EXCLUDE: Advanced posting of "No Parking" signs
• This quotation EXCLUDES removal of Yellow stripe and markings treated as hazardous.
• EXCLUDE: Maintenance of temporary delineation ie. temporary paint, temporary tape, channelizers, etc…
• EXCLUDE: Lead Compliance Plan
• THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK. ADDITIONAL COSTS WILL OCCUR FOR WORK PERFORMED ON WEEKENDS
• CHRISP COMPANY WILL USE EXISTING EMPLOYEE POOL TO PERFORM ALL WORK ON THIS PROJECT. IF THERE ARE ANY HIRING GOALS FOR THIS PROJECT THIS WILL BE EXCLUDED
• Prime contractor to provide disposal area & dispose of all recess cut debris. Disposal area to be on jobsite.
• EXCLUDE: ALL HARD WIRED ELECTRICAL SIGNS
Page 4 of 4
7.A.a
Packet Pg. 48 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
Exhibit B
Force Account Payment
The term "force account" shall be understood to mean that payment for the work will be done on
a time and expense basis, that is, on an accounting of the Contractor's forces, materials,
equipment, and other items of cost as required and used to do the work. For the work performed,
payment will be made for the documented actual cost of the following:
a. Direct labor cos t for workers, includin g foremen, w ho are direct ly assigned
to th e force account wo rk : Direct labo r cost is the actual payroll cost,
in cludin g wages, fringe benefits as es tab lished by neg otiated labor
agreements or sta te prevai ling wages, wo rk ers ' compe nsa tion and labor
in surance, and labor taxes as estab li shed by law. No other fixed labor
burdens wi ll be conside red, unl ess ap pro ved i n writing by the City.
b. Material delivered and used on the designated work, including sales tax, if
paid for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a
value in excess of One Thousand Dollars ($1,000 .00).
d. Additional bond.
e. Additional insurance, other than labor insurance.
To the preceding costs, there shall be added the following fees for the
Contractor, subcontractor, or sub-subcontractor actually performing the work:
A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b,
and c above.
To the total of the actual costs and fees allowed hereunder, not more than
two (2) percent shall be added for additional bond and in surance as th e
cost of It ems d and e above.
For work perform ed by an approved subcontractor, the Contractor may add to
the total of the actual costs and fi xed fees allowed under the preced ing
paragraph an add itional fi xed fee of five (5) percent of said total. No further
compensation will be allowed for the Contractor's administration of the work
performed by the subcontractor.
Fo r work performed by a subtier-subcontractor, the subcontractor may add to th e
total of the actual costs and fi xe d fees allowed under the preceding paragraph an
additional fixed fee of five (5) percent of said total. No further compe nsation will
be allowed for the subcontractor's administration of the work performed by th e
subtier-subcontractor. The Contractor may add to the total of the actual costs
and fixed fees allowed und er this paragraph an additional fi xed fee of five (5)
percent of said total. No further compensation will be allowed for th e Contractor's
administration of the work performed by the subcontractor.
7.A.a
Packet Pg. 49 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
The City reserves th e right to furnish such materials and equ ipme nt as it dee ms
expedient , and th e Contractor sha ll have no claim for profit or added f ees on th e
cost of s uch materials and eq uipm ent.
For equipment under Item c above, rental or equiva lent rental cost w ill be a ll owed
for only tho se days or hours during which the eq uipm en t is in actual use .
Payment shall be based on actu a l rental and transpo rt atio n in voices but shall not
exceed the renta l rates for suc h equipment li sted in the Ca liforni a Department of
T ransportation publication, "Labo r S urcharge and Equipment Rental Rate," which
is in effect on the date upon w hi ch th e work is perform ed. Owner-operated
eq uipm ent s hall not exceed th e rates in the Previously Me ntioned Rental Rate
. publication plu s the labor costs as provided in Section 01035-4 .1, Direct Lab or .
Th e rental cost a ll owed for equ ipm ent wi ll be understood, in a ll cases, t o cover all
fuel , lubri ca nt s, s upplies , co nsu mable s, repai rs, ownership and incid ental costs.
No fu rt he r allowances wi ll be made for these item s, unl ess a specific written
agreement to th at effect is made.
Prior to the co mm enceme nt of force account wo rk, th e Co ntractor s hall notify th e
Co nstru ct ion Manager of it s intent t o begin work. Labor, equipme nt and
materia ls furni s hed on force account work shall be recorded dail y by the
Co ntracto r up on report s heets furn ished by the Co nstru ction Manager to th e
Contractor. T he r eports , if found t o be correct, sha ll be s ig ned by both th e
Contractor a nd Constructi on Manager, or in spector, and a copy of w hi ch sha ll be
furn is hed to t he Construct ion Manager no later th an th e working day fo ll ow ing the
performa nce of sa id work. The daily repo rt sheet s hall th ereafter be co nsidered
th e tru e reco rd of force account work provided. If the Co nstru ction Manager, or
in spector, do not ag ree w ith th e l abor, equ i pment and /o r mat eri a ls l is ted on th e
Contractor's dai ly fo rce acco unt report , th e Contractor and Constru cti on
Man age r , o r in spector, s hall s ign -o ff on th e items on which they are in
ag ree me nt. Th e Construction Manage r s hall th en rev iew the item s of
d isag ree me nt a nd w ill adv ise th e Con tract or , in w ritin g, of it s det e rmin ation. If
th e Co ntract or di sag rees w it h thi s determin ation , it s ha ll have th e right t o fil e a
claim notice
The Contractor shal l ma intain its records in such a manner as to provide a c lea r
d istinction between the direct cos t s of work paid for on a fo rce accou nt basis and
the costs of oth er operations.
Th e added fixed fees s hall be co nsidered to be full co mpensation, covering the
cost of general supervision, overhead, profit, and any other general expense.
The above fixed fees represe nt the maximum limits which will be allowed, and
they include the Contractor's and all subcontra ctors' indirect home office
expenses and all costs for cost proposal preparation and record keep ing.
To receive partia l payments and fin al payment fo r force accou nt work, the
Co ntrac tor shall submit, in a manner app roved by the Co nstru cti o n Manager,
deta il ed and comp lete documented verifi cat ion of the Con tractor's and any of its
7.A.a
Packet Pg. 50 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
subcontractor's actual costs involved in the force account pursuant to the
pertinent Field Order. Such costs shall be submitted within
thirty (30) days after said work has been performed. No payments will be made
for work billed and submitted to the Construction Manager after the thirty (30) day
period has expired.
The force account invoice shall itemize the materials used and shall cover the
direct costs of labor and the charges for equipment rental , whether furnished by
the Contractor, subcontractor, or other forces. The invoice shall be in a form
acceptable to the Construction Manager and shall provide names or
identifications and classifications of workers, the hourly rate of pay and hours
worked, and also the size, type, and identification number of equipment and
hours operated. Material charges shall be substantiated by valid copies of
vendor's invoices.
When both additions and credits are invol ved in any one change , the combined
overhead and profit shall be figured on the basis of the net increase, if any. The
amount of credit to be allowed by the Contractor to the City for any such change
which results in a net decrease in cost will be the amount of the actual net
decrease and a credit in accordance with the markups allowed under the use of
the method described in this Section. The Contractor shall not claim for
anticipated profits on work that may be omitted.
7.A.a
Packet Pg. 51 Attachment: Exhibit A: Amendment No 1 (2344 : Contract Amendment for Chrisp Co.)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of an Amendment to Gilroy City Code Chapter 30 to
Make Minor Revisions and Amend, Repeal or Replace Provisions
Including the Definitions, Land Use Table, Parking and Storage,
Nonconforming Uses, Minor Modifications, and Accessory Dwelling
Unit Regulations, to Ensure Internal Consistency, Improve
Interpretations and Conform with State Laws (Z 18-07) (continued
from 8/5/2019 and 8/19/2019 regular meetings)
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Greg Larson
Prepared By: Greg Larson
Kraig Tambornini
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading .
b) Introduce an Ordinance of the City Council of the City of Gilroy amending
sections of Chapter 30 of the Gilroy Code related to general plan and zoning
relationship, definitions, land use tables and standards, parking, storage, RV park
development, non-conforming uses, minor modifications and accessory dwelling
unit standards.
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EXECUTIVE SUMMARY
The Community Development Department has drafted minor amendments to the zoning
regulations in order to meet provisions of state law and improve understanding of the
Zoning Ordinance. The proposed zoning revisions, Z18-07, would further public health,
safety, welfare, orderly development and economic stability in the City of Gilroy by
bringing the Zoning Ordinance into greater conformity with the General Plan and state
laws. Specifically, these improvements would be achieved through minor changes to the
following Zoning Ordinance sections: definitions, land uses, parking, vehicle storage,
nonconforming uses, minor modifications and accessory dwelling unit standards.
On June 20, 2019, the Planning Commission considered the proposed revisions at a
duly noticed public hearing (Planning Commission Staff Report attached). Two items
from staff’s original recommendations were voted upon separately: 1) The allowance for
Recreational Vehicle Park, Travel Trailer Park or Camping Facility in the Commercial
and Industrial zoning land uses (recommended by the Planning Commission to remain
in the Zoning Ordinance), and 2) The requirement for replacement parking for
Accessory Dwelling Units (ADUs) outside of the front setback (recommended by the
Planning Commission to be removed from the Zoning Ordinance).
The Planning Commission’s concerns are discussed in this report; however, staff’s
original recommendations are presented to City Council as described herein. The
proposed changes are consistent with the City’s General Plan and Zoning Ordinance,
and are exempt from review under the California Environmental Quality Act (CEQA).
BACKGROUND
Minor amendments to the Zoning Ordinance are made periodically in order to respond
to revised state laws, emerging trends or to implement new policy direction. Such
amendments were previously made in 2015, 2016 and 2018. Past changes included
standards for granting minor design modifications, update of downtown use tables
permitting office uses on the ground floor in specific areas, parking revisions, permitting
of banner signs, update of wireless regulations, amendment of accessory dwelling unit
regulations, permitting of recreational marijuana use consistent with state law, updating
of the landscape ordinance, and adoption of a tree removal permit process.
The Zoning Ordinance typically receives a comprehensive update after the City adopts
a new General Plan document. Consequently, a comprehensive update of the Zoning
Ordinance will be completed following adoption of General Plan 2040. In the meantime,
amendments are necessary now to clarify and update existing zoning regulations.
On June 20, 2019 the Planning Commission considered the staff recommended
revisions (Z18-07) and passed the following motions supporting the amendments:
Motion to adopt Resolution No. 2019-07 recommending Z18-07 to the City
Council, with the exception of the amendments for recreational vehicle parks and
accessory dwelling unit parking requirements. The motion passed 5-0 (2 absent).
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Motion to recommend the recreational vehicle park amendments be excluded
from the amendments. The motion passed 5 -0 (2 absent).
Motion to recommend that replacement parking would not be required for
converting a garage into an ADU. The motion passed 4-1 (2 absent).
ANALYSIS
Planning Commission Action on Amendments
Staff’s recommended amendments, as considered by the Planning Commission (PC) on
June 20, 2019, are presented in the recommended draft Ordinance Z18-07 (attached to
this report). As noted above, these revisions are proposed primarily for clarification and
clean-up items. An attachment to this report shows all proposed revisions with strikeout
(x) and underline (x) text; reflecting deleted and added language, respectively. The draft
PC Resolution and draft PC meeting minutes are also attached.
The amendments reflected in Ordinance Z18-07 do not incorporate Planning
Commission’s recommendations to reject the recreational vehicle park amendments
and parking provisions for conversion of a garage to a n accessory dwelling unit. These
are discussed as follows, for Council consideration:
PC Recommendation to Reject Recreational Vehicle Park Amendments
Staff recommended eliminating provisions allowing “Recreational Vehicle Park, Travel
Trailer Park or Camping Facility” from the Commercial and Industrial zoning land use
tables (Sections 30.19.10(c)(1) and 30.23.10(c), respectively), and revising related
sections 30.42.20 and 30.42.30 regulating such facilities. The two existing RV camping
facilities in the City would remain regulated under their current Conditional Use Permits
and the remaining RV park standards.
Staff recommends this change in response to the State Housing and Community
Development rules that pre-empt local regulation of limits on length of stay, and allow
for long-term occupancy within any RV park (CA Civil Code, Ca Code of Regulations,
and CA Health and Safety Code). The majority of the RV camping sites within the
existing parks in the City are now used for long-term stays of more than 60 days, and
not for short term camping, as originally anticipated per the approved CUPs.
Furthermore, the industrial zones were never anticipated to be locations for long term
housing, due to the nature of the businesses within those zones, and the lack of
proximity to services. Long-term residential use, including RV housing, within the
industrial zoning districts is in conflict with the City’s General Plan policies.
The Planning Commission recommended leaving this land use type as an opportunity
for new RV camping facilities to be established (in M1, M2, CM and HC zones). It was
reasoned that such facilities currently provide an affordable option that enables
residents to remain within the community.
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The Zoning Ordinance allows for modular home parks to be established within
residentially designated areas. Thus, it is the opinion of staff that the zoning code
retains sufficient opportunities for affordable housing of this type in areas that are
intended for long-term residential use. As such, these units would also be counted as
part of the City housing obligation under the Regional Housing Needs Allocation
(RHNA). The current RV parks were not intended to serve as long-term residential use,
and do not count toward the City’s housing obligation under the RHNA.
PC Recommendation to Reject ADU Replacement Parking Amendment
Staff recommends amending section 30.54.30(c) to clarify that if a garage is converted
to an accessory dwelling unit (ADU), then the parking required for the primary unit shall
not be allowed within the front yard setback. The state requires that the City must allow
garage conversions and that if replacement parking is required then the City must allow
this as uncovered and tandem. State regulations do not place restrictions on location of
required parking spaces. However, local jurisdictions can impose such restrictions. The
City currently does not allow required parking for the main house to be within the
required front yard setback, which is 26 feet measured from the face of curb. Typically,
the driveway leading to the garage is located within this front yard setback area . Staff’s
recommendation is intended to ensure consistent on-site parking requirements for all
single-family uses.
The Planning Commission supported removing any location restriction for replacement
parking to be provided as a result of a garage conversion. In many cases, where the
minimum driveway length is 18 feet, the required parking for the single-family residence
would be located on the existing driveway, and within the front yard setback. This
allowance is vastly different from requirements imposed on single -family residences that
do not have an ADU onsite. The following potentially positive and negative effects of
this recommendation have been noted:
Positive: The Commission recommended change could simplify the process for
an ADU approval and reduce costs. This approach could also serve to retain the
existing character of the house. For instance, an applicant would not need to
modify the existing site plan and drivewa y to accommodate new parking outside
of the setback.
Negative: If replacement parking (2 spaces) for the single-family use is not
required, this could increase on-street parking congestion on residential streets.
This would be especially problematic in Planned Unit Developments where on-
street parking is already limited.
This change could affect existing residential neighborhoods, many of which have private
roads and limited existing street parking. Therefore, staff would not recommend the
Commission’s recommended alternative without further outreach and public discussion
to include potential stakeholders (see Public Outreach section below).
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General Plan Consistency
The City's General Plan sets forth various goals and policies for community design,
growth management, economic development, agricultural use, historic preservation,
and scenic highways. The land use plan map designates areas for development of
specific land use types, which are implemented through the Zoning Ordinance. The
minor amendments to the Zoning Ordinance would not result in any change to existing
or proposed land uses, and are being suggested to promote compliance with state law,
improve interpretations, and increase consistency between the General Plan and
Zoning Ordinance.
Zoning Consistency and Findings
As required by Zoning Ordinance Section 30.52 , the Planning Commission held a public
hearing to consider the proposed amendments and made findings recommending to the
City Council that the amendments carry out the general purpose of the Zoning
Ordinance and applicable General Plan goals and policies.
The proposed zoning revisions Z18-07 would further the public health, safety, welfare,
orderly development and economic stability within the City of Gilroy by bringing the
Zoning Ordinance into greater conformity with the General Plan and state laws.
Specifically, this would be achieved through minor changes made to the definitions, land
uses, parking, vehicle storage, nonconforming uses, minor modifications and accessory
dwelling unit standards.
Environmental Determination
Approval of the provisions contained in the Zoning Text Amendment file number Z 18 -
07 are exempt from environmental review under CEQA pursuant to the provisions of
Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from
CEQA when “[t]he activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant impact to the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA.
ALTERNATIVES
1. Council may proceed with adoption of draft Ordinance Z18 -07. STAFF
RECOMMENDS THIS OPTION as it implements only minor changes to the City
zoning code to address changes in state laws and implement local policy.
2. Council may proceed with adoption of draft Ordinance Z18 -07 with the additional
recommendations of the Planning Commission to exclude the recreational
vehicle park and replacement parking provides, as discussed. STAFF DOES
NOT RECOMMEND THIS OPTION because it would not implement city housing
policy regarding housing in the industrial zones and the ADU parking changes
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could negatively impact Planned Unit Developments and consistency of setbacks
for single-home residential neighborhoods.
3. Council may direct staff to prepare additional revisions or amendments. STAFF
DOES NOT RECOMMEND THIS OPTION because it does not meet the intent of
this effort to make minor cleanup edits only, for the purpose of clarifying existing
regulations and consistency with state law, in anticipation of a comprehensive
Zoning Ordinance Update subsequent to the update of the General Plan .
4. Council may reject the proposed amendments Z18-07. STAFF DOES NOT
RECOMMEND THIS OPTION because it does not meet the intent of this effort to
make minor cleanup edits for better comprehension and to implement state laws.
FISCAL IMPACT/FUNDING SOURCE
The effort to prepare the amendments is covered by the General Fund as part of the
Community Development Department operational budget.
PUBLIC OUTREACH
On April 29, 2019 staff hosted a Developer Roundtable meeting and presented the draft
changes. On May 2, 2019 staff forwarded the draft revisions to staff of the Gi lroy
Economic Development Corporation, the Gilroy Chamber of Commerce and the
Downtown Gilroy Business Association. In response to some of the feedback received ,
additional edits were included, such as clarifying that retail drive-through uses may be
allowed in commercial zones. In addition, the Planning Commission public hearing
packets are available through the City’s webpage.
As required by law separate notices of the Planning Commission meeting and City
Council meeting were advertised in The Gilroy Dispatch (no less than 10 days prior to
the meetings). Given that the amendments apply city-wide a separate mailed notice to
property owners was not required.
In addition, staff compiled a list of 30 homeowners associations within the City using
real estate resources and business licensing information. On August 23, 2019 staff
contacted these groups via phone and email, and provided information regarding the
zoning edits and Planning Commissioners recommended revisions. Several groups
have acknowledged receiving the notification. No substantive comments have been
received at this time.
Attachments:
1. Draft Ordinance (Z18-07)
2. Draft Strikeout and Underline Edits (Z18-07)
3. PC Resolution 2019-07 (File Z18-07)
4. PC Minutes 062019
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ORDINANCE NO. 2019-XX
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTIONS OF CHAPTER 30 OF THE GILROY CITY
RELATED TO GENERAL PLAN AND ZONING RELATIONSHIP,
DEFINITIONS, LAND USE TABLES AND STANDARDS, PARKING,
STORAGE, RV PARK DEVELOPMENT, NONCONFORMING USES,
MINOR MODIFICATIONS, AND ACCESSORY DWELLING UNIT
STANDARDS
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make minor revisions for internal consistency, clarification, and
comply with state law; and
WHEREAS, the Planning Commission has received and considered the Zoning Code
amendments, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff
report pertaining to the proposed Zoning Text Amendment file number Z 18-07; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 20,
2019, at which time the Planning Commission took and considered the written and oral public
testimony related to Zoning Text Amendment file number Z 18-07 and thereafter recommended
that the City Council approve said application, with exceptions to the amendments of
recreational vehicle use and accessory dwelling unit replacement parking provisions; and
WHEREAS, the City Council received and considered a staff report pertaining to Zoning
Text Amendment file number Z 18-07; and
WHEREAS, the City Council held a duly noticed public hearing on August 5, 2019, at
which time the City Council took and considered written and oral public testimony, the staff
report, and all other documentation related to application Z 18-07; and
WHEREAS, the City has determined that the review and approval of the provisions
contained in the Zoning Text Amendment file number Z 18-07 is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of
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Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from CEQA
when “[t]he activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant impact to the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and
30.52.60, the Planning Commission has recommended and the City Council finds that the
proposed Zoning Ordinance Text Amendment implements the general plan in conformance with
state law; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which Z 18-07 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
Section 30.1.40(b) is hereby amended to read as follows:
(b) The zoning ordinance shall be consistent with the general plan of the City of Gilroy. Where
inconsistencies do exist, the general plan shall control the use and development of such land until
such time as the city council revises the zoning ordinance to achieve consistency.
SECTION II
Section 30.2.20 is hereby amended to add new definitions as follows:
“ Clinic. See “Medical or Dental Office.”
“Hospital” means a facility providing medical, psychiatric or surgical services for sick or injured
persons primarily on an in-patient basis, including facilities for out-patient and emergency
treatment, diagnostic services, training, research and administration, and services to patients,
employees or visitors.
“Medical or Dental Office/Clinic” means a facility, other than a hospital, that provides
professional medical services, consultation, diagnosis and treatment of clients on an outpatient
basis. This may include a group practice in which several physicians work cooperatively, and/or
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educational aspects such as medical instruction and/or training as well as house a laboratory,
radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses.
“Veterinary hospital” means a facility providing medical care for domestic pets such as dogs,
cats, reptiles, birds and similar animals which may include boarding the animals two (2) or more
days. This definition excludes domestic farm animals such as cattle, hogs, sheep, and horses.
SECTION III
Section 30.2.20 is hereby amended to replace existing definitions to read as follows:
“Dwelling group” means a group of two (2) or more detached residential buildings occupying a
parcel of land in one (1) ownership.
“Liquor/Alcohol sales/bars (on-site consumption)” means 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.
“Office” means uses that predominantly sell professional and/or business services. The contact
with the general public is not as frequent as with retail businesses or personal services, and a
significant portion of the business may take place at other locations. Examples include banks,
law offices, accountants, advertising, and computer support.
“Parking lot” means an area of land, a yard, or other space on a lot legally used for and designed
for access and parking by standard, and operable, motor vehicles. This definition excludes land
used for display, rental or storage of operable or inoperable vehicles.
“Window sign” means a sign which is displayed on or located behind and within one (1) foot of
a window (not including a glass entry door), and is visible from a street, walkway, parking lot, or
pedestrian plaza, any of which is accessible to the public.
SECTION IV
Section 30.11.10(c) Residential Use Table is hereby repealed and replaced, with
revisions, as set forth in Attachment “A” which is attached hereto and incorporated by this
reference.
SECTION V
Section 30.11.20(c) Residential Site and Building Requirement Table is hereby repealed
and replaced, with revisions, as set forth in Attachment “B which is attached hereto and
incorporated by this reference.
SECTION VI
Section 30.14.10 is hereby amended to read as follows:
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30.14.10 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 reuse
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.
Note: The downtown historic district (DHD) zone does not have the same intent and purpose as
the historic overlay district designation. Article XXVII Neighborhood Combining District
overlay zone establishes historic site and neighborhood regulations. ”
SECTION VII
Section 30.19.10(c)(1) Commercial Use Table is hereby repealed and replaced in its
entirety with revisions as set forth in Attachment “C” which is attached hereto and incorporated
by this reference.
SECTION VIII
Section 30.19.10(c)(2) Downtown Commercial Use Table is hereby repealed and
replaced in its entirety with revisions as set forth in Attachment “D” which is attached hereto and
incorporated by this reference.
SECTION IX
Section 30.19.20(c)(1) Commercial Site and Building Requirement Table is hereby
repealed in its entirety and replaced with revisions as set forth in Attachment “E” which is
attached hereto and incorporated by this reference.
SECTION X
Section 30.19.20(c)(2) Commercial Site and Building Requirement Table (Downtown
Specific Plan Districts) is hereby repealed in its entirety and replaced with revisions as set forth
in Attachment “F” which is attached hereto and incorporated by this reference.
SECTION XI
Section 30.20.40 is hereby amended to read as follows:
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30.20.40 Murray-Las Animas Avenue overlay combining district.
The Murray-Las Animas Avenue 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 architectural and site review application proposed for approval within this
geographical area. The public noticing costs shall be borne by the project applicant.
Notwithstanding section 30.50.41 the planning commission shall review and issue or deny
approval of said application according to the standards set forth in section 30.50.40 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.
SECTION XII
Section 30.23.10(c) Industrial use table is hereby repealed in its entirety and replaced
with revisions as set forth in Attachment “G” which is attached hereto and incorporated by this
reference.
SECTION XIII
Section 30.23.20(c) Industrial use table is hereby repealed in its entirety and replaced
with revisions as set forth in Attachment “H” which is attached hereto and incorporated by this
reference.
SECTION XIV
Section 30.24.50(c) Special regulations, Tree Removal is hereby revised to read as
follows:
(c) 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 landscaping
standards, contained within Article XXXVIII.
SECTION XV
Section 30.31.20 is hereby amended to read as follows:
30.31.20 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. Off-street parking areas shall be provided, maintained and made accessible for
each land use or activity in accordance with the following schedule, as shown:
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Type of Use
Off-Street Parking Stalls Required
SECTION XVI
Section 30.31.23 is hereby amended to read as follows:
30.31.23 Institutional use off-street parking requirements.
Assisted living facility
Eight-tenths (8/10) 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 fifty (50) square feet of net floor
area for assembly, whichever is greater.
Colleges, art, craft, music and dancing schools 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 one (1) stall per two (2) employees, plus one (1)
stall for every four (4) beds.
Day care centers
One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5)
children.
Family 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.
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SECTION XVII
Section 30.31.25(a) is hereby amended to read as follows:
30.31.25(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, and shopping centers
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.
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. ”
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SECTION XVIII
Section 30.31.30 (g) is hereby amended to read as follows:
(g) Every use shall provide the required parking on the same parcel except:
(1) The owners of adjoining properties may provide parking space in common if said parking
area is secured by easement or other sufficient legal document, to the satisfaction of the
community development director or designee, and provided the total number of parking
spaces provided is equal to the sum of the individual needs.
(2) 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 chapter.
The parking assessment district includes those properties zoned TD, DED, and DHD that lie
within the geographical area bounded by Fourth Street and Lewis Street to the north, E Sixth
Street and West Sixth Street to the south, TD zoned parcels along the west side of
Eigleberry, and DHD zoned parcels along the east side of Monterey Street backing to the
rear alleyway, as further depicted in the Parking Assessment District Boundary Map below.
Parking Assessment District Boundary Map*
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* Parking Assessment District’s #1 & #2 as formed by City Council Resolutions No. 856 & No. 79-99
SECTION XIX
Section 30.31.50 shall be amended as follows:
30.31.50 Special parking requirements.
(a) 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. However, on any site where compact car
parking has been provided to meet the required parking demand, stalls designated for employee
parking shall not be allowed. Employees shall not be prohibited from using off-street parking.
(b) Accessible Parking Requirements. Accessible parking shall comply with the requirements of
the State Building Code.
(c) 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.
(d) Parking for adaptive re-use of a designated historical resource. For development in which a
designated historical resource is converted or adapted, reductions in required parking shall be
provided consistent with the provisions of Section 18962 (a) of the state Health and Safety Code.
Designated historical resource means a structure or property officially designated on a local
register of historical places, the California Register of Historical Resources, or the National
Register of Historic Places.
SECTION XX
Section 30.31.60(a) (1) shall be amended to read as follows:
(1) Each accessible parking stall shall be delineated by blue painted curb and lines, and shall be
clearly labeled in blue paint with the standard accessible parking symbol or clearly labeled for
“accessible parking only.
SECTION XXI
Section 30.33.20 Storage, all nonresidential zones, is hereby repealed in its entirety.
SECTION XXII
Section 30.33.30(a) is hereby revised to read as follows:
“ (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, or
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alternative all-weather material driveway as approved by the community development director or
designee, provided all of the following conditions exist: ”
SECTION XXIII
Section 30.41.31(b) (1) Specific provisions –Noise, Maximum Outdoor Noise levels is
hereby revised to read as follows:
(1) 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 Ldn measured at the property line or 70 dBA (L10) measured at
the property line.
SECTION XXIV
Section 30.42.20 regarding Recreational Vehicle (RV) Park Development standards is
hereby revised to read as follows:
30.42.20 Permitted zones for recreational vehicle parks.
Recreational vehicle parks as regulated herein and that have been conditionally permitted within
the highway commercial, limited industrial, and general industrial zoning districts may continue
to operate in conformance with conditional use permit approval granted for the facility. No new
facilities or any expansion of use shall be allowed.
SECTION XXV
Section 30.42.30 regarding Recreational Vehicle (RV) Park guidelines is hereby revised
to read as follows:
30.42.30 Guidelines.
Ongoing operations shall remain in conformance with the following guidelines, except as
otherwise modified by the conditional use permit granted for the facilit y.
(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 (6) feet shall be provided between the appurtenant structures
attached to an RV and any adjacent RV space. No restroom shall be closer than twenty-five (25)
feet to, nor further than four hundred (400) feet from, an RV space. Other permanent buildings
shall be set back at least ten (10) feet from any RV space.
(b) Landscaping/Visual 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
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purposes shall be landscaped in accordance with Article XXXVIII (Landscaping). 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.
(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 one hundred (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 (1) guest parking space shall be provided for every ten (10) RV
spaces. One (1) parking space shall be provided for each shift employee and shall be
conspicuously labeled as such. One (1) 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 section 30.50.44. 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 XXVI
Section 30.46.40 Density bonus regulations section is hereby repealed in its entirety and
replaced to read as follows:
30.46.40 Density bonus for affordable housing developments.
Density bonus provisions shall be governed by the state density bonus law Government Code
Section 65915 et seq.
SECTION XXVII
Section 30.48.20 is hereby amended to revise the section title only, to read as follows:
30.48.20 Expansion, enlargement and discontinuance.
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SECTION XXVIII
Section 30.50.41(b)(1) is hereby amended to read as follows:
(1) Changes to previously approved development permits but only for minor modification of
architectural elements, exterior lighting or landscape details (including but not limited to minor
storefront alterations, relocation of doors, equipment screening, minor landscape furniture and
structures, benches, small trellises, and planters) which do not affect the use, intensity, general
character, architectural style, circulation or other site function of the project.
SECTION XXIX
Section 30.50.44(a) is hereby amended to read as follows:
(a) Landscaping. Landscaping plans including specifications for an irrigation system shall be
approved by the planning director in accordance with Article XXXVIII, 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.
SECTION XXX
Section 30.50.44(c) is hereby amended to read as follows:
(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. Lighting shall be constructed or
located so that only the intended area is illuminated and off-site glare is fully controlled.
SECTION XXXI
Section 30.54.30 is hereby repealed and replaced in its entirety to read as follows:
30.54.30 Development standards for accessory dwelling units.
An application for a building permit to construct an accessory dwelling unit will be ministerially
approved within one hundred twenty (120) days after the city receives the application if the
proposed accessory dwelling unit meets all of the following conditions to the satisfaction of the
community development director:
(a) The accessory dwelling unit must not be intended for sale separate from the primary single-
family residence, but may be rented for periods not less than thirty (30) days. Prior to the
issuance of the building permit for the accessory dwelling unit, the owner-occupant must record
a deed restriction stating that the accessory dwelling unit must not be rented for periods less than
thirty (30) days and stating that either the primary residence or the accessory dwelling unit must
be owner-occupied.
(b) No more than one (1) accessory dwelling unit may be established in addition to no more than
the one (1) primary single-family dwelling legally constructed on residentially zoned property.
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The accessory dwelling unit must be located on a parcel that is designated as an RR, R1 or RH
zoning district, or on a parcel that is zoned R2, R3 or R4 zoning district if the parcel is developed
with only one (1) single-family dwelling and the accessory dwelling unit takes the place of any
future second dwelling unit on the property, or an ND or PUD zoning district in which such use
is allowed in accordance to the master plan or specific plan adopted for the neighborhood district
area in which the parcel is located.
(c) The accessory dwelling unit must be located on a parcel that is occupied by an existing
single-family residence, and that single-family residence must have at least two (2) parking
spaces that comply with the requirements of Article XXXI, Off-Street Parking Requirements. At
least one (1) of these spaces must be covered. However, if the required parking space(s) for a
single-family residence are proposed to be removed in order to accommodate an accessory
dwelling unit, including through the conversion or demolition of a garage or carport structure,
then any required replacement parking can be provided as covered or uncovered, in tandem, or
with use of mechanical parking lifts. In any case a minimum of two (2) stalls per primary
residential dwelling unit shall be provided, outside of the required front or street side yard
setback. Each space must be at least ten (10 feet by twenty (20) feet.
(d) In addition to the required off-street parking spaces for the existing single-family residence,
one (1) off-street parking stall is required for the accessory dwelling unit. The additional parking
stall must comply with parking stall dimensions per section 30.31.40. The additional parking
stall may be covered or uncovered, and may be provided as tandem parking on a driveway that
otherwise complies with the setback and paving requirements set forth in Article XXXI. 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 located within one-half (1/2) mile of a public transit
station, such as a bus stop or train station.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is contained within the existing space of the single-family
residence or an accessory structure.
(4) The accessory dwelling unit is located in an area where on-street parking permits are
required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one (1) block of the accessory dwelling
unit.
(e) The accessory dwelling unit can either be attached to the existing single-family unit or
located within the living area of the existing single-family unit, or detached from the existing
single-family unit and located on the same lot as the existing single-family unit. Detached
accessory dwelling units must be limited to a single story unless the unit is built above an
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existing detached garage. Outside stairways serving a second story accessory dwelling unit shall
not be constructed on any building elevation facing a public street.
(f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area,
garage areas excluded, not to exceed six hundred (600) square feet. However, the floor area of an
attached accessory dwelling unit shall not exceed fifty percent (50%) of the total living area of
the single-family residential structure (not including garage).
(g) 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.
(h) The maximum height for a single-story accessory dwelling unit must be fifteen (15) feet. The
maximum height for the total structure of an accessory dwelling unit located above a garage
must be twenty-four (24) feet.
(i) An accessory dwelling unit must conform to the setback requirements generally applicable to
residential construction in the zoning district in which the property is located, subject to the
following:
(1) A setback of six (6) feet from the interior side and rear lot lines is required for a newly
constructed detached accessory dwelling unit, and for an existing accessory structure that is
expanded into an accessory dwelling unit, except that such an accessory dwelling unit that is
located closer than five (5) feet to the existing single-family residence remains subject to the
setback requirements applicable to the primary structure as specified by the zoning district in
which the lot is located.
(2) A setback of five (5) feet from the side and rear lot lines is required for an accessory
dwelling unit that is constructed above a garage.
(3) No additional setback is required for an existing garage that is converted into an
accessory dwelling unit.
(4) An accessory dwelling unit must not encroach upon the required front yard area or the
required street side yard area.
(j) Architectural review of the accessory dwelling unit will be limited to the following:
(1) The architectural features, window styles, roof slopes, exterior materials, colors,
appearance, and design of the accessory dwelling unit must be compatible with the existing
single-family residence.
(2) Entrances to the accessory dwelling unit must be screened from street view.
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(3) Any window, door or deck of an accessory dwelling unit must utilize design techniques
to lessen views onto adjacent properties to preserve the privacy of residents.
(4) An accessory dwelling unit located within a historic site or neighborhood combining
district will be subject to the design review procedures set forth in section 30.27.40 and must
be consistent with the Secretary of Interior’s Standards for the Treatment of Historic
Properties.
(k) The accessory dwelling unit is subject to the design standards and other zoning requirements
of the zoning district in which the existing single-family 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.
SECTION XXXII
Section 30.54.40 is hereby repealed and replaced in its entirety to read as follows:
30.54.40 Accessory dwelling units proposed within existing single-family residences and
accessory structures (internal conversions).
Notwithstanding any other provisions of this chapter to the contrary, an application for a building
permit to create an accessory dwelling unit will be ministerially approved within one hundred
twenty (120) days after the city receives the application if the proposed accessory dwelling unit
meets all of the following conditions:
(a) The unit is contained within the existing space of a single-family residence or legal permitted
residential accessory structure (e.g., pool-house, studio workshop, or garage);
(b) The unit has independent exterior access from the existing residence;
(c) The side and rear setbacks of the unit are sufficient for fire safety;
(d) The unit complies with applicable building and safety codes; and
(e) No other accessory dwelling units or residential units have been approved on the lot.
(f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area,
garage areas excluded, not to exceed six hundred (600) square feet.
(g) An accessory dwelling unit meeting the criteria of this section will not be subject to any
additional parking for the unit or other development standards (except any replacement parking
that may be required for the primary unit as a result of a garage conversion).
SECTION XXXIII
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares
that it would have passed and adopted this ordinance, and each section, subsection, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION XXXIV
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 __ day of ___, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
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ATTACHMENT “A”
(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 *
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 C 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 *
Publicly Owned Building or
Facility
X X X X X X *
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A1 RR R1 R2 R3 R4 RH ND
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 *
Residential Uses
Accessory Dwelling Unit1 X X X X X X *
Condominiums X X X *
Duplex X3 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
X8 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 An accessory dwelling unit is only permitted on a lot that has been developed with only one
(1) legal single-family residential dwelling unit, and must comply with the regulations prescribed
in Article LIV of this chapter.
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
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(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.
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.
8 One residential dwelling unit may be permitted on an A1 zoned parcel that has a minimum
size of 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.
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ATTACHMENT “B”
(c) Residential Site and Building Requirement Table.
Residential District Requirements A1 RR R1 R2 R3 R4 ND
LOT REQUIREMENTS
Lot Size in Square Feet (Minimum)1 (Lots
Using Street Standards in Effect Prior to
February 2006)
20 ac 2.5 ac 6,000 8,0004 8,000 12,000 *
Lot Size in Square Feet (Lots Using Street
Standards Adopted in February 2006)
20 ac 2.5 ac 6,660 8,880 8,880 13,320 *
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-sac) 222 222 222 222 222 222 *
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 26 26 26 26 *
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet 35 30 35 35 457 757 *
Number of Stories 2 2 2 2 3 6 *
Residential District Requirements A1 RR R1 R2 R3 R4 ND
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI YES YES YES YES YES YES YES
Fences, Article XXXIV YES YES YES YES YES YES YES
Signs, Article XXXVII YES YES YES YES YES YES YES
Landscaping, Article XXXVIII NO NO NO YES YES YES YES
ESTABLISHED DEVELOPMENT
POLICIES
Hillside Development Guidelines5 YES YES NO NO NO NO NO
Residential Condominium Policy NO NO NO YES YES YES YES
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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 (18) foot long driveway measured from the back of the sidewalk.
3 For dwellings located within new subdivisions (after the effective date of the ordinance
codified in this chapter), containing five (5) or more lots, the total width of the two (2) side yards
for any one (1) lot in an R1 or R2 district must equal twelve (12) feet. For structures in existence
on the effective date of the ordinance codified in this chapter, a six (6) foot side yard setback
shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit
development, or preexisting, nonconforming use.
4 Seven thousand (7,000) sq. ft. for preexisting lots created prior to September 15, 1983; and
six thousand (6,000) 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.
7 For R3 and R4 lots proposed to be developed with one (1) single-family residence as the
primary use, the height of the residential dwelling unit shall not exceed two (2) stories and thirty-
five feet (35’).
* 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.
8.A.a
Packet Pg. 78 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
ATTACHMENT “C”
(c)(1) Commercial Use Table.
PO C1 C33 HC CM
Commercial Uses
Adult Businesses1 C
Animal Boarding C15 C15
Animal Grooming or Training X X X
Veterinary Hospital/Veterinary 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
Automotive Body Repair and Painting C
Automotive Parts Sales X X X
Automotive Repair X X
Automotive Sales (Indoor or Outdoor) X X
Automotive Sales, Temporary6 C C C
Automotive Gasoline/Fueling Station C X X X
Car Wash X X
Tire Shop X X X
Bank C X X X
Bakery/Coffee House X X C X
Bars: On-Site Liquor/Alcohol Consumption (Except as
Ancillary to a Restaurant Use)
C4,9 X9 X9 X9
Bed and Breakfast Establishment X X X X
Boat and Motorcycle 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, Medium12 X X
Dance Venue, Large12 X X
Desktop Publishing/Copy Shop X X X X
Feed Store C C X
Festival T T T
Grocery Store or Deli/Supermarket X X X
Gymnasium/Health Studio X X X
Home Occupation10 X X X X
Hotel, Motel X X X
Laboratory (Research and Testing) C X X
Landscape Nursery X X
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Packet Pg. 79 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
Liquor/Alcohol Sales with Tasting (Wine and Beer
Only)9
X9 X9 X9
Liquor/Alcohol Sales (Off-Site Consumption)9 C9 X9 X9 X9
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/Recreation14 C C C
Parking Lot X X X
Pawn Shop X X
Personal Services11 X X X
Pool and Billiards Establishment and Indoor Recreation X X
Printing/Sign Painting Establishment X X
Restaurant17 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
Light Industrial Uses
Light Industrial Uses Permitted in M17 X
Plumbing or Sheet Metal Shop X
Pottery and Ceramics Manufacturing X
Truck Stop C C
Public and 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
Emergency Shelter16 C C C C X
Hospital, Rest Home, Sanitarium X X
Lodge, Club, or Fraternal Hall C C X X
Public Facility X X X C X
School (Private ≤ 12 Students) X X X X
School (Private > 12 Students) C C C C
Residential Uses
Boarding or Rooming House C
Caretaker’s Quarters2 C C C C C
Residential Unit C5 X5 X5
Temporary Uses
Christmas Tree Lot T T T T
Outdoor Booth/Sales13 T T T T T
X = Unconditionally permitted.
T = Temporary use—See Article XLVII.
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Packet Pg. 80 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
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 Article XXVIII.
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.
5 Residential units may be allowed in conjunction with an existing business. Stand-alone
single-family residential use of a lot is not permitted. Residential units in the C3 zones may be
allowed when located on the second or third floor of a building. More than one (1) residential
unit may be allowed upon approval of a conditional use permit pursuant to section 30.50.30. 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. Any time these uses
are proposed for the first floor (sidewalk level), a conditional use permit is required.
9 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are
subject to review and approval of the city’s chief of police.
10 Permitted only if the regulations of Article XL are met.
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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 are satisfied. See also Article II
“Definitions” for additional use specifications.
13 Outdoor booths and sales are permitted for thirty (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 one hundred fifty (150) feet
of residential properties and/or for businesses that board animals outside. Businesses that board
animals more than one hundred fifty (150) feet from residentially zoned properties do not require
a conditional use permit as long as the animals are contained inside a building.
16 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
17 A drive-through window may be allowed for retail establishments/restaurant uses outside of
the downtown.
8.A.a
Packet Pg. 82 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
ATTACHMENT “D”
(2) Downtown Commercial Use Table.
DHD DED CCA TD CD GD
Commercial Uses
Animal Boarding X11 X11 X11 C19
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
Auction House X4 X X
Automotive Body Repair and Painting C
Automotive Car Stereos and Alarm Systems
Sales and Installation
X17 X17 X17
Automotive Car Wash X
Automotive Gasoline/Fueling Station X10 X
Automotive Parts Sales X10 X
Automotive Repair and Service X10 X13
Automotive Sales X9 X X
Automotive Sales, Temporary3 C C C C
Automotive Tire Shop X10 X
Bank X X X X X
Bakery/Coffee House X X X X X X
Bakery, Commercial C12 C12 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 X X
8.A.a
Packet Pg. 83 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
DHD DED CCA TD CD GD
Assembly
Dance Venue, Small X X X X X X
Dance Venue, Medium15 X X X X X X
Dance Venue, Large X16 X16 X16 C15
Desktop Publishing/Copy Shop X4 X X X X X
Festival T T T T T T
Grocery Store or Deli (Not Supermarket) X X X X X X
Gymnasium/Health Studio X X X X X X
Home Occupation6 X X X X X X
Hotel, Motel X X X
Laboratory (Research and Testing) X4 C C X
Landscape Nursery X
Liquor/Alcohol Sales/Bars (On-Site Consumption
of Beer, Wine, or Liquor, not including Micro-
Brewery and Wine Tasting Provisions below)5
C1 C1 C1 C1 C1
Liquor/Alcohol Sales (Off-Site Consumption)5 C C C C
Medical or Dental Office/Clinic X4 X X X
Micro-Breweries and Wine Tasting21 D D D
Museums X X X X X X
Mortuary or Crematory C X X
Newspaper Printing Facility X
Office X4,22 X X X X X
Outdoor Amusement/Recreation18 C
Parking Lot (Automobile Parking) X X X X X X
Pawn Shop X X
Personal Services7 X8 X8 X X X X
Pool/Billiards Establishment and Indoor
Recreation
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
8.A.a
Packet Pg. 84 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
DHD DED CCA TD CD GD
Retail Sales 50,001 sq. ft. or More X
Supermarket X X
Theater X X X X X X
Therapy Clinic (Licensed Provider) X4 X X X X
Tow Yard (No Dismantling or Parts Sales) C
Public and Semi-Public Uses
Ambulance Service X10 X X
Community Center X4 X X X X X
Adult or Child Day Care Center C X X X X
Emergency Shelter20 C C C C C C
Hospital, Rest Home, Sanitarium C X
Lodge, Club, or Fraternal Hall X4 C X C X
Public Facility X X X X X X
Religious Institution X4 X X X X
School (Private ≤ 12 Students) X4 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 Units2 X4 X4 X14 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 Article XLVII.
C = Permitted only with conditional use permit granted by planning commission.
D = Permitted only with an administratively approved downtown use permit granted by the
community development director, or his/her designee.
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/alcohol is served as a clearly ancillary use.
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Packet Pg. 85 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
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) of this footnote, the minimum residential density
in the DHD, DED and CD districts shall be twenty (20) units per acre.
(f) Development of new stand-alone single-family residential use on a lot within the
downtown commercial districts is not allowed. However, an existing legally permitted historic
single-family residence shall be deemed a conforming land use.
3 A conditional use permit may be granted to an auto related sales business for up to four (4)
temporary auto sales events on the same property within one (1) calendar year.
4 These uses are unconditionally permitted on the second story and above. Any time these uses
are proposed for the ground level or first floor (sidewalk level), a conditional use permit is
required. Residential units in these zones shall not front on the street.
5 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are
subject to review and approval of the city’s chief of police.
6 Permitted only if the regulations of Article XL, Home Occupation, 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 (1/2) 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 one hundred fifty (150) feet of a
residential use.
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ORDINANCE NO. 2019-XX
14 Residential units may be allowed on the ground floor if located between Eigleberry and
Church Streets behind a business.
15 Only allowed ancillary to a primary use (see Article II Definitions). Provided that all other
provisions set forth in Chapter 8 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 district, combined, and only located on
Monterey Street between 1st St. and 10th St. 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 are satisfied. City council approval is required for the fourth 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 1st St. and
10th St. 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 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 one hundred fifty (150) feet of a
residentially zoned property.
18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor
amusement and recreation facilities are enumerated under “pool/billiards establishment and
indoor recreation.”
19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet
of residential properties and/or for businesses that board animals outside. Businesses that board
animals more than one hundred fifty (150) feet from residentially zoned properties do not require
a conditional use permit as long as the animals are contained inside a building.
20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
21 Administrative approval of a downtown use permit is required when criteria set forth in
section 30.50.35 are met. Any micro-brewery or wine tasting uses not meeting the criteria noted
in section 30.50.35 would fall into the liquor sales/bars (on-site consumption of beer, wine, or
liquor, except uses meeting micro-brewery and wine tasting provision) category in the use table.
22 Within the downtown historic district (DHD) zone district, along Monterey Road north of
4th Street and south of 6th Street, ground level active office uses shall be allowed without a
conditional use permit until September 1, 2020. Active office uses are those that operate in a
manner that promotes and enhances pedestrian activity in the downtown area, in alignment with
the downtown specific plan vision. After that date, conditional use permit approval shall be
required for such uses throughout the DHD zone district.
8.A.a
Packet Pg. 87 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
ATTACHMENT “E”
(c)(1) Commercial Site and Building Requirement Table.
Commercial District Requirements PO C1 C3 HC CM
LOT REQUIREMENTS
Lot Size in Square Feet (min.) (Lots Created Prior to
September 2005)
8,000 none none none none
Lot Size in Square Feet (min.) (Lots Created After
September 2005)
8,880 none none none none
LOT COVERAGE * * * * *
Commercial District Requirements PO C1 C3 HC CM
YARD REQUIREMENTS (Minimum Setbacks in Feet)
Front (Measured from the Face of Curb) 31 31 41 31 26
Side (Adjacent to Street) (Measured from the Face of
Curb)
21 21 31 31 26
Side (All Other Side Yards) 6 ** 0 ** **
Rear ** ** 0 ** **
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet1 35 35 55 55 35
Number of Stories 2 2 4 4 2
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes
Fences, Article XXXIV Yes Yes Yes Yes Yes
Signs, Article XXXVII Yes Yes Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes Yes Yes
Performance Standards, Article XLI Yes Yes Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Commercial Condominium 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.
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Packet Pg. 88 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
** 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.)
1 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.
8.A.a
Packet Pg. 89 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
ATTACHMENT “F”
(2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts).
Commercial District Requirements DHD DED CCA TD CD GD
LOT REQUIREMENTS
Lot Size in Square Feet
(Minimum)
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) 5
20 du/ac
(min)
20 du/ac
(min)
n/a8 20 du/ac
(max)
20-40
du/ac
(min/max)
30
du/ac
(max)
YARD REQUIREMENTS (Setbacks
in Feet Measured from Property Line)
Minimum/Maximum Min/Max Min/Max Min/Max Min/Max Min/M
ax
Front 0/15 0/15 0/none 0/15 15/none
Side (Adjacent to Street) 0/101 0/101 0/none1 10/none1 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 Min/Max
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 10/none
East of Eigleberry Street Min/Max
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Packet Pg. 90 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
Front 0/15
Side (Adjacent to Street) 10/none1
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
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 Stories7 4 4 4 3 4 3
BUILDING FORM
Street Front Building Height (Minimum Feet) 25
min
25
min
25
min
None 25
min
None
Third and Fourth Floor Setback Required Yes Yes Yes No No No
Facades Greater than 40 Feet in Length Shall
Replicate Traditional 20 to 40 Feet Store Fronts
Yes Yes No No No No
RAILROAD CORRIDOR STANDARD
(See Railroad Corridor Standards, Article XIV) Yes Yes No No Yes Yes
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes Yes
Fences, Article XXXIV Yes Yes Yes Yes Yes Yes
Signs, Article XXXVII Yes Yes Yes Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Yes
Performance Standards, Article XLI 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
1 To be reviewed for vehicular sight distance.
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Packet Pg. 91 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
2 To be reviewed by staff to ensure compliance with urban design principles.
3 Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is fifty-one
(51) feet to accommodate drive access and parking.
4 Ten (10) foot setback to property line allowed with a porch.
5 Use floor area ratio to determine project size for commercial and mixed-use development,
and use residential density to determine project size for stand-alone residential development.
Residential use is only allowed as part of a mixed use development within the DHD, DED and
CCA districts. Stand-alone (multi-family) residential development is only allowed within the
cannery district (CD), gateway district (GD) and transitional district (TD). See Article XIV for
additional specifications.
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 (2) 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.
8 No min/max density. See Downtown Specific Plan for additional specifications. Residential
apartments, townhomes, live/work units above/behind ground floor only allowed between
Eigleberry Street and Church Street.
8.A.a
Packet Pg. 92 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
ATTACHMENT “G”
(c) Industrial Use Table.
CI M1 M2
Commercial Uses
Ancillary Retail4 C C C
Animal Hospital/Boarding (aka, Kennel, indoor or outdoor) C X
Amusement or Recreation Facility C C
Automotive Repair or Body Shop X X
Building Materials Sales and Storage Establishments X X
Cafeteria (for Employees Only) X X X
Dry Cleaning and Laundry Facilities (Bulk) X X
Office (Corporate) X X X5
Printing Shops X X X
Professional Offices X X
Restaurant7 X C C
Trailer, Commercial Truck, and Industrial Equipment Lease or Sales X X
Veterinarian Office X
Industrial Uses
Assembly Plant—Electronics X X X
Assembly Plant—Light (Scientific/Medical) X X X
Assembly Plant—Heavy (Vehicles/Vessels/Equipment) 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 C C
Feed Yard C X
Food Processing Plant C X
Hazardous Waste Transport, Recycling, Processing, or Storage
Facility2,3
C
Laboratory X X
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Packet Pg. 93 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
CI M1 M2
Lumber Yard X X
Machine Shop X X
Manufacturing Plant—Electronic Components, Plastics, Ceramics C C X
Manufacturing Plant—Heavy (Vehicles, Equipment, etc.) X
Manufacturing Plant—Light (Scientific/Medical) X X X
Mini-Storage and Locker Storage C C
Music Studio X X X
Rental Facilities X X
Research and Development Facility X X X
Sheet Metal Fabrication X
Tow Yard C X
Truck Service/Repair Station or Terminal C C
Truck Storage or Parking Yard C X
Truck Stop C C
Warehouse Facility X X
Waste Material Handling Facility/Recycling Facility C
Welding Facility X X
Wholesale Establishments X X
Wrecking Yard or Dismantling Facility C
Public and Semi-Public Uses
Religious Institution C C
Day Care Center X C
Emergency Shelter6 C C C
Hospital X C C
Medical or Dental Office/Clinic X C
Public Utility Service X X
Schools (Colleges, Vocational, Trade Schools) X X C
Temporary Uses
Caretaker’s Residence1 C C
Christmas Tree Lot T T
Festival T T T
Outdoor Booth/Sales T T T
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Packet Pg. 94 Attachment: Draft Ordinance (Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
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ORDINANCE NO. 2019-XX
X = Unconditionally permitted.
C = Permitted only with conditional use permit granted by planning commission.
T = Temporary use—See Article XLVII.
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 ten
percent (10%) of the gross enclosed floor area for buildings that are ten thousand (10,000) square
feet or less, or ancillary retail uses that do not exceed five percent (5%) of the gross enclosed
floor area for buildings that are larger than ten thousand (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 percent
(25%) 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 Article XXXI. 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.
6 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
7 A drive-through window may be allowed for retail establishments/restaurant uses outside of
the downtown.
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ORDINANCE NO. 2019-XX
ATTACHMENT “H”
(c) Industrial Site and Building Requirement Table.
Industrial District Requirements CI M11 M2
LOT REQUIREMENTS
Building Coverage (Maximum) 50% 60% 60%
YARD REQUIREMENTS (Minimum Setbacks in Feet)
Front (Measured from the Face of Curb) 41 41 26
Side 20 None None
Side (Adjacent to Street – Measured from the Face of Curb) 31 31 31
Rear 20 None None
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet 35 35 75
Number of Stories 2 2 6
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes
Fences and Obstructions, Article XXXIV Yes Yes Yes
Signing, Article XXXVII Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes
Performance Standards, Article XLI Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Industrial Condominium 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 Avenue overlay combining district. Properties in this district are subject to the
requirements of section 30.20.40 and to the “Murray-Las Animas Avenue overlay combining
district design policy.”
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Section 30.1.40 Relationship of the Zoning Ordinance and the general plan.
Amendment of this provision is required to change the relationship between the
Zoning Ordinance and General Plan. The City of Gilroy Zoning Ordinance currently
would prevail over the general plan. However, state government code section
65860 (recently chaptered 9-27-18 as AB1333) requires that the zoning regulations
for a charter city (such as Gilroy) must now be brought into consistency with its
general plan (as is required for general law cities). The revised Zoning Ordinance
text is as follows:
“(b) The Zoning Ordinance shall be consistent with the
general plan of the City of Gilroy. Where inconsistencies do
exist, the Zoning Ordinance general plan shall control the
use and development of such land until such time as the city
council revises the Zoning Ordinance to achieve
consistency.”
Section 30.2.20 Definitions.
Some of the land use terms in the Zoning Ordinance either are not defined, unclear
or incomplete. In particular, “medical or dental office/clinic”, “hospital” and
“veterinary hospital” uses are not defined and the “office” definition includes
medical office which is in conflict with the land use tables. The following new or
revised definitions are proposed to improve review and interpretation of the Zoning
Ordinance, correct errors, and more accurately match the land use type as listed in
the land use tables:
“ Clinic. See “Medical or Dental Office.”
“Dwelling group” means a group or of two (2) or more detached residential
buildings occupying a parcel of land in one (1) ownership.
“Hospital” means a facility providing medical, psychiatric or surgical
services for sick or injured persons primarily on an in-patient basis,
including facilities for out-patient and emergency treatment, diagnostic
services, training, research and administration, and services to patients,
employees or visitors.
“Liquor/Alcohol sales/bars (on-site consumption)” means 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.
“Medical or Dental Office/Clinic” means a facility, other than a hospital,
that provides professional medical services, consultation, diagnosis and
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treatment of clients on an outpatient basis. This may include a group
practice in which several physicians work cooperatively, and/or
educational aspects such as medical instruction and/or training as well as
house a laboratory, radiology/imaging, pharmacy, rehabilitation and other
similar services as accessory uses.
“Office” means uses that predominantly sell professional and/or business
services. The contact with the general public is not as frequent as with
retail businesses or personal services, and a significant portion of the
business may take place at other locations. Examples include banks, law
offices, accountants, medical, advertising, and computer support.
“Parking lot” means an area of land, a yard, or other space on a lot legally
used for and designed for access and parking by standard, and operable,
motor vehicles. This definition excludes land used for display, rental or
storage of operable or inoperable vehicles.
“Veterinary hospital” means a facility providing medical care for domestic
pets such as dogs, cats, reptiles, birds and similar animals which may
include boarding the animals two (2) or more days. This definition
excludes domestic farm animals such as cattle, hogs, sheep, and horses.
“Window sign” means a sign which is displayed on or located behind and
within one (1) foot of a window (not including a glass entry door), and is
visible from a street, walkway, parking lot, or pedestrian plaza, any of
which is accessible to the public. ”
Section 30.11.10(c) Residential Use Table.
The Residential Land Use tables are proposed to be revised to note that
Accessory Dwelling Units are allowed within the R3 and R4 districts. This is
necessary to be consistent with state law that requires the City to permit internal
conversions within any district that permits single-family as a primary use. The
revised table would read as follows:
“ A1 RR R1 R2 R3 R4 RH ND
Accessory Dwelling Unit1 X X X X X X * ”
In addition, a single family use should be noted as permitted in the A1 zone, but
subject to the density limits established for the district (to be referenced in a new
sub-note 8):
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“ A1 RR R1 R2 R3 R4 RH ND
Single-Family Dwelling or
Modular Home
X8 X X X X X X * ”
This change is consistent with the intent of the A1 zone district Section 30.4.10,
established by Ordinance 2003-20 as an interim designation for property
annexed into the City without a plan for further development.
Finally, sub-note no. 1 for ADU’s would be revised to clarify that only one ADU is
allowed on a lot developed with only one legal primary residence. Sub -note no. 8
would be added to state the minimum lot area required for development in the A1
zone. These notes would read as follows:
“ 1 An accessory dwelling unit is only permitted on a lot that has been
developed with only one (1) legal single-family residential dwelling unit,
and must comply with the regulations prescribed in Article LIV of this
chapter. ”
“ 8 One residential dwelling unit may be permitted on an A1 zoned parcel
that has a minimum size of 20 acres, or more. Subdivision of land for
further development is not permitted without rezoning to a district that
implements the general plan land use map. ”
Section 30.11.20(c) Residential site and building requirement table.
The R3 and R4 multi-family districts allow a single-family residence as a primary
use. Sub-note 7 would clarify that the maximum height of a single family
residence would be 35 feet and 2 stories.
Additionally, reference to the consolidated landscape policy shall be removed, as
the policy has been superseded by the recent revision made last year to Chapter
30.38, Landscaping.
The edits would appear to the tables and notes as follows:
“ Residential District Requirements A1 RR R1 R2 R3 R4 ND
HEIGHT REQUIREMENTS
(Maximum)
Building Height in Feet 35 30 35 35 457 757 *
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Number of Stories 2 2 2 2 3 6 *
”
“ ESTABLISHED DEVELOPMENT
POLICIES
”
Consolidated Landscaping Policy6 YES YES YES YES YES YES YES
Hillside Development Guidelines5 YES YES NO NO NO NO NO
Residential Condominium Policy NO NO NO YES YES YES YES
“ 7 For R3 and R4 lots that are proposed to be developed with one (1)
single-family residence as the primary use, the height of the residential
dwelling unit shall not exceed two (2) stories and thirty-five feet (35’). ”
Section 30.14.10 Downtown Historic District, Statement of intent.
Add a note to clarify that the Downtown Historic District (DHD) zoning district is
not an historic overlay combining district, thus does not afford the same
protections as the ND zone district, as follows:
“ Note: The downtown historic district (DHD) zone does not have the same
intent and purpose as the historic overlay district designation. Article XXVII
Neighborhood Combining District overlay zone establishes historic site
and neighborhood regulations. ”
30.19.10(c)(1) Commercial use table.
For internal consistency, several specific land use types are proposed for
revision within the Commercial Use Table. Only land use types to be revised are
shown below.
These changes are recommended to match the Downtown Commercial Districts
and Industrial Districts land use tables. Additionally, “Animal Hospital” is
proposed to change to “Veterinary Hospital”. The former allows large agricultural
animals, which seems to be incompatible with Gilroy’s urban commercial areas.
Animal hospitals would remain allowed in the A1 zone. Veterinary hospitals
would be more appropriate in the urban commercial zones, for small domestic
pets. The changes are as follows:
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“ PO C1 C33 HC CM
Commercial Uses
Animal Veterinary Hospital/Veterinary Office C C X X ”
“ Automotive Body Repair and Painting C
Automobile Automotive Parts Sales X X X
Automobile Automotive Repair X X
Automobile Automotive Sales (Indoor or
Outdoor)
X X
Automobile Automotive Sales, Temporary6 C C C ”
“ Automotive Gasoline/Fueling Station C X X X ”
“ Bakery/Coffee House X X C X
Bars: On-Site Liquor/Alcohol Consumption
(Except as Ancillary to a Restaurant Use)
C4,9 X9 X9 X9 ”
“ Boat and Motorcycle Sales X X ”
“ Grocery Store or Deli/Supermarket X X X ”
“ Laboratory (Research and Testing) C X X ”
“ Liquor/Alcohol Sales with Tasting (Wine and
Beer Only)9
X9 X9 X9
Liquor/Alcohol Sales (Off-Site Consumption)9 C9 X9 X9 X9 ”
“ Pool and Billiards Establishment and Indoor X X ”
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Recreation
“ Restaurant 17 X X X X ”
“ Travel Trailer or Camping Facility C ”
In addition, several of the sub-notes are proposed to be amended in order to
clarify existing allowances or limitations, as follows:
“ 5 Residential units may be allowed in conjunction with an existing
business. Stand-alone single-family residential use of a lot is not
permitted. Residential units in the C3 zones may be allowed when located
on the second or third floor of a building. More than one (1) residential unit
may be allowed upon approval of a conditional use permit pursuant to
section 30.50.30. All residential unit projects within commercial zones
shall comply with the following guidelines:”
“ 9 Requests for new State Alcoholic Beverage Control (ABC) liquor
alcoholic beverage licenses are subject to review and approval of the
city’s ABC committee and the chief of police.”
“ 12 Provided that all provisions set forth in Chapter 8 are satisfied. See
also Article II “Definitions” for additional use specifications. “
“ 17 A drive-through window may be allowed for retail establishments /
restaurant uses outside of the downtown. ”
30.19.10(c)(2) Downtown Commercial Use Table.
Minor changes to the Downtown land use table is recommended to match the
similar changes made to the Commercial land use tables, as follows:
“ DHD DED CCA TD CD GD
Commercial Uses
Automotive Gasoline/Fueling Station X10 X
The sub-notes are also proposed to be revised to be consistent with the
Commercial use tables. Note 2(f) is also proposed to clarify the intent of the
downtown district as commercial mixed use, but to afford greater protections for
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existing historic single-family residences within the district. Lastly, note 15 is
associated with dance venues in downtown.
“ 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/alcohol is served as a clearly ancillary use.
2 (f) Development of new stand-alone single-family residential use on a
lot within the downtown commercial districts is not allowed. However, an
existing legally permitted historic single-family residence shall be deemed
a conforming land use. ”
“ 5 Requests for new ABC liquor alcoholic beverage licenses are subject
to review and approval of the city’s chief of police.”
“ 15 Only allowed ancillary to a primary use (see Article II Definitions).
Provided that all other provisions set forth in Chapter 8 are satisfied. ”
30.19.20(c)(1) Commercial Site and Building Requirement Table.
The Height Requirements for the C3 and HC District must be amended to comply
with state government code section 65860 that requires charter city zoning to be
consistent with general plan (revised in September 2018 as AB1333). In addition,
the outdated reference to the consolidated landscape policy would be removed:
“ PO C1 C3 HC CM
“ HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet1 35 35 7555 7555 35
Number of Stories 2 2 64 64 2 ”
“ 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 ”
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30.19.20(c)(2) Commercial Site and Building Requirement Table (Downtown
Specific Plan Districts).
The downtown districts Commercial Site and Building Requirement Table should
be revised to clearly identify the residential density and setback minimum and
maximum (consistent with the zoning and Downtown Specific Plan), as follows:
“
Commercial District Requirements DHD DED CCA TD CD GD
DENSITY (Use FAR or Density, Not
Both) 5
20 du/ac
(min)
20
du/ac
(min)
n/a8 20 du/ac
(max)
20-40
du/ac
(min/max)
30 du/ac
(max)
YARD REQUIREMENTS (Setbacks
in Feet Measured from Property
Line)
Minimum/Maximum Min/Max Min/Max Min/Max Min/Max
Min/Max Front 0/15 0/15 0/none 0/15 15/none
Side (Adjacent to Street) 0/101 0/101 0/none1 10/none1 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 Min/Max
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 10/none
East of Eigleberry Street Min/Max
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Front 0/15
Side (Adjacent to Street) 10/none1
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
Also, the sub notes should be revised as follows to clarify specific requirements.
Note 5 would be changed to explain when to use floor area ratio (FAR) versus
density for calculating project size. Note 8 would clarify limitations for multi -family
development within the CCA zoning district. Revisions are as follows:
“ 2 To be reviewed by staff to iensure compliance with urban design
principles.”
“ 5 Use either floor area ratio to determine project size for commercial and
mixed-use development or and use residential density to determine
project size for stand-alone residential development to determine project
size. Residential use is only allowed as part of a mixed use development
within the DHD, DED and CCA districts. Stand-alone (multi-family)
residential development is only allowed within the cannery district (CD),
gateway district (GD) and transitional district (TD). See Article XIV for
additional specifications.
“ 8 No min/max density. See Downtown Specific Plan for additional
specifications. Residential apartments, townhomes, live/work units
above/behind ground floor only allowed between Eigleberry Street and
Church Street.”
Section 30.20.40 Murray-Las Animas Avenue overlay combining district.
Correct an error in the section, as follows:
30.20.40 Murray-Las Animas Avenue overlay combining district.
The Murray-Las Animas Avenue 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 architectural and site review
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application proposed for approval within this geographical area. The public
noticing costs shall be borne by the project applicant. Notwithstanding
section 30.50.41 the planning commission shall review and issue or deny
approval of said application according to the standards set forth in section
30.50.40 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.
Section 30.23.10c Industrial Use Table.
Amend the Industrial table for internal consistency amongst land use types in
various tables. Staff also recommends the following:
1) Removing “Recreational Vehicle Park, Travel Trailer Park or Camping
Facility” from the tables. This land use type has not been implemented as
intended. The state pre-empts local land use requirements and allows for
long-term residential occupancy within RV camping facilities. Thus, they are
allowed to become residential trailer parks versus transient occupancy
facilities, as intended by the City.
2) Conditionally permitting “Distribution Facilities” and “Ministorage” uses in
order to preserve industrial land for more desirable uses creating employment
and promoting economic development, and
3) Designating Medical Office/Clinic as a separate use from Hospital in order to
distinguish the land use types
The proposed revisions are reflected as follows:
“ CI M1 M2
Commercial Uses
“ Animal Hospital/Boarding (aka, Kennel, indoor or
outdoor)
C X ”
“ AutomobileAutomotive Repair or Body Shop X X ”
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“ CI M1 M2
“ Recreational Vehicle Park, Travel Trailer Park or
Camping Facility
C C
Restaurant7 X C C ”
Industrial Uses
“ Distribution Facility XC XC ”
“ Mini-Storage, and Locker Storage and Rental Facilities XC XC ”
“ Rental Facilities X X ”
“ Truck Service Station/Repair, Stop, or Terminal C C ”
Public and Semi-Public Uses
“ Hospital or Clinic X C C
Medical or Dental Office/Clinic X C ”
Temporary Uses
“ Outdoor Booth/Sales T T T ”
And, add note 7 to clarify allowance for retail drive through uses, as follows:
“ 7 A drive-through window may be allowed for retail establishments /
restaurant uses outside of the downtown. ”
Section 30.23.20(c) Industrial Site and Building Requirement Table.
Delete the “Consolidated Landscaping Policy” from the Industrial Site and
Building Requirement Table, as the policy document has been incorporated into
Chapter 30.38 by prior Zoning Ordinance amendment Ord. 2018-06.
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Section 30.24.50(c) Special Regulations, Tree Removal.
Update this section to reference the new landscaping standards that have
superseded the landscaping policy, to read as follows:
“ c) 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
standards, contained within Article XXXVIII. ”
Section 30.31.20 Parking Space Requirements.
Revise terms to avoid confusion with usage of “accessible” with “handicap”
parking (which has been revised elsewhere to read accessible parking
throughout), as follows:
“ 30.31.20 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 and
made accessible for each land use or activity in accordance with the following
schedule, as shown: ”
Section 30.31.23 Institutional use off -street parking requirements.
Revise the following Institutional use off-street parking requirements land use
types to match the zoning district land use tables and definitions, as follows:
“ Day care centers and nursery schools ”
“ Family Day care home ”
30.31.25(a) Off-Street Parking Requirements, Retail and commercial uses.
Revise the Retail and commercial uses parking standards table to include
“shopping centers”, which is proposed to clarify that any re -occupancy within a
multi-tenant center shall be calculated at the ratio of 1 stall per 250 square feet,
regardless of the retail tenant type. The revised parking land use type would read
as follows:
“ General retail sales, repair and services, shopping centers ”
Section 30.31.30(g) General off -street parking requirements.
Amend sub section (g) to clarify staff approval of shared parking is required, and
to describe the boundaries of the parking assessment district in downtown, as
follows:
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“ (g) Every use shall provide the required parking on the same parcel except:
(1) The owners of adjoining properties may provide parking space in
common if said parking area is secured by easement or other sufficient legal
document, to the satisfaction of the community development director or
designee, and provided the total number of parking spaces provided is equal
to the sum of the individual needs.
(2) 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 chapter. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13;
Ord. No. 2016-13, § 1 (Exh. A), 8-1-16)
*The parking assessment district includes those properties zoned TD, DED, and
DHD that lie within the geographical area bounded by Fourth Street and Lewis
Street to the north, E Sixth Street and West Sixth Street to the south, TD zoned
parcels along the west side of Eigleberry, and DHD zoned parcels along the east
side of Monterey Street backing to the rear alleyway, as further depicted in the
Parking Assessment District Boundary Map below.
Parking Assessment District Boundary Map
”
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Section 30.31.50 Special parking requirements.
Revise the standards for clarification and to respond to state law, including
AB2263 regarding adaptive reuse of designated historical resources, as follows:
“ 30.31.50 Special parking requirements.
(a) 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 However, on any site where compact
car parking is has been provided shall to meet the required parking demand,
stalls designated for employee parking also shall not be allowed. Employees
shall not be prohibited from using off-street parking.
(b) Handicap Accessible Parking Requirements. Handicap Accessible
parking shall comply with the requirements of the State Building Code.
(c) 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. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)
(d) Parking for adaptive re-use of a designated historical resource. For
development in which a designated historical resource is converted or
adapted, reductions in required parking shall be provided consistent with the
provisions of Section 18962 (a) of the state Health and Safety Code.
Designated historical resource means a structure or property officially
designated on a local register of historical places, the California Register of
Historical Resources, or the National Register of Historic Places. ”
Section 30.31.60(a)(1) Off-street parking design criteria.
Change word usage from “handicap” to “accessible”, as follows:
“ (1) Each handicap accessible parking stall shall be delineated by blue
painted curb and lines, and shall be clearly labeled in blue paint with the
standard handicap accessible parking symbol or clearly labeled for
“handicapped accessible parking only. ”
Section 30.33.20 Storage all non-residential zones.
Delete this entire section titled “Storage, all nonresidential zones”, in order to
eliminate this remaining provision that would allow up to three recreational
vehicles to be parked on any commercial site. This change is consistent with a
prior amendment made by Ordinance 2016-03, and Sections 30.34.20 and
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30.50.41(7) through 30.50.44, that provide RV storage in the industrial zones and
require review and screening for outdoor all storage uses.
Section 30.33.30(a) Storage, all residential zones.
Revise the provision allowing Storage, all residential zones” to eliminate gravel
as an approved material and require director approval of alternative materials, as
follows:
“ (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 all-weather material driveway as approved by the community
development director or designee, provided all of the following conditions
exist: ”
Section 30.41.31(b)(1) Specific provisions-Noise.
Correct the omission of text in this section, to clarify the noise measurement in
accord with industry standards, to read as follows:
“ (b) Maximum Outdoor Noise Levels.
(1) 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 Ldn measured at the property line or 70 dBA (L10) measured at the
property line. ”
Section 30.42.20 Permitted zones for recreational vehicle parks & 30.42.30
Guidelines.
Staff recommends amending the RV Park Development standards, consistent
with recommendation to remove “RV Trailer/Camping” from the Commercial and
Industrial land use tables.
The City had adopted Ord 98-18 to allow RV camping facilities with the
requirement that length of stay would be limited. This was approved to support
visitor accommodation and tourism. Two RV parks have been established within
the City (Gilroy Garlic USA with 176 lots and Garlic Farm with 158 lots). The City
also allows for permanent residential living within modular/mobile home park
development in Residential zones, but not within the Commercial or Industrial
zone districts. The City has four mobile-home parks with a total of 349 spaces.
Mobile home and RV camping facilities are regulated by State Housing and
Community Development. State law allows for long-term occupancy within any
RV park (CA Civil Code, Ca Code of Regulations, and CA Health and Safety
Code). The majority of the RV camping sites within the existing parks in the City
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are used for long-term stays of more than 60 days. These are considered
permanent residences and exempt from transient occupancy tax.
Because state law pre-empts local authority to limit length of stay within the RV
camping facilities, staff recommends revising the RV park standards to preclude
any further expansion. The two existing RV camping facilities would remain
regulated under their current Conditional Use Permits and the remaining RV park
standards. Revised text is proposed to read as follows:
“ 30.42.20 Permitted zones for recreational vehicle parks.
Recreational vehicle parks as regulated herein are and that have been
conditionally permitted within the highway commercial, limited industrial,
and general industrial zoning districts may continue to operate in
conformance with .Cconditional use permit approval granted for the
facility. 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. No new facilities or any expansion of
use shall be allowed.
30.42.30 Guidelines.
Ongoing operations shall remain in conformance with the following
guidelines shall be used when reviewing applications for new or
expanding recreational vehicle park development proposals, except as
otherwise modified by the conditional use permit granted for the facility.
Alternatives to each guideline may be acceptable if the purpose of the
guideline is achieved, and if reviewed and approved by the planning
commission. ”
Section 30.46.40 Exceptions, Density bonus for affordable housing
developments.
The City Density Bonus regulations have been superseded by revisions to the
state law. Staff recommends replacing the current regulations and referring to the
state law for guidance. A comprehensive update to this section is anticipated
following adoption of the General Plan 2040. In the interim, this section would
read as follows:
30.46.40 Density bonus for affordable housing developments.
Density bonus provisions shall be governed by the state density bonus law
Government Code Section 65915 et seq.
Section 30.48.20 Nonconforming Uses and Buildings, Expansion and
enlargement.
Revise the title of this section to more accurately reflect the provisions within
(pertains to nonconforming uses), to read as follows:
“30.48.20 Expansion and, enlargement and discontinuance. ”
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Section 30.50.41(b)(1) Planning Department Applications, Review.
Revise the modifications section to include a review of exterior lighting changes,
in order to regulate changes that may adversely affect the character of the site or
increase off-site lighting or glare, as follows:
“ (1) Changes to previously approved development permits but only for
minor modification of architectural elements, exterior lighting or landscape
details (including but not limited to minor storefront alterations, relocation
of doors, equipment screening, minor landscape furniture and structures,
benches, small trellises, and planters) which do not affect the use,
intensity, general character, architectural style, circulation or other site
function of the project. ”
Section 30.50.44(a) Conditions, Landscaping.
This section would be updated to refer to the adopted landscaping standards,
instead of the superseded landscaping policy, as follows:
(a) Landscaping. Landscaping plans including specifications for an
irrigation system shall be approved by the planning director in accordance
with the adopted consolidated landscaping policy and Article XXXVIII,
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.
Section 30.50.44(c) Conditions, Exterior lighting.
Concurrent with revision to section 30.5.41(b)(1), review of exterior lighting,
revision to the exterior lighting conditions is recommended to include control of
glare, as follows:
“ (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. Lighting shall be constructed or located so that only the intended
area is illuminated and off-site glare is fully controlled. ”
Section 30.54.30 Development standards for accessory dwelling units.
Specific sections of the accessory dwelling unit ordinance are proposed to be
amended to be more consistent with the provisions of state law. This includes a
limitation to the type of replacement parking that can be required. Staff also
proposes to remove the limit on internal conversions, as the limitation does not
have any practical purpose and has led to some confusion of interpretation. The
recommended revisions are proposed to subsections (a), (b), (c), (f), and (i), as
follows:
“ (a) The accessory dwelling unit must not be intended for sale separate
from the primary single-family residence, but may be rented for periods
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not less than thirty (30) days. Prior to the issuance of the building permit
for the accessory dwelling unit, the owner-occupant must record a deed
restriction stating that the accessory dwelling unit must not be rented for
periods less than thirty (30) days and stating that either the primary
residence or the accessory dwelling unit must be owner-occupied.
(b) No more than one (1) accessory dwelling unit may be established in
addition to no more than the one (1) primary single-family dwelling legally
constructed on residentially zoned property. The accessory dwelling unit
must be located on a parcel that is designated as an RR, R1 or RH zoning
district, an or on a parcel that is zoned R2, R3 or R4 zoning district if the
parcel is currently developed with only one (1) single-family dwelling and
the accessory dwelling unit takes the place of any future second dwelling
unit on the property, or an ND or PUD zoning district in which such use is
allowed in accordance to the master plan or specific plan adopted for the
neighborhood district area in which the parcel is located.
(c) The accessory dwelling unit must be located on a parcel that is
occupied by an existing single-family residence, and that single-family
residence must have at least two (2) parking spaces that comply with the
requirements of Article XXXI, Off-Street Parking Requirements. At least
one (1) of these spaces must be covered. However, if the required parking
space(s) for a single-family residence are proposed to be removed in
order to accommodate an accessory dwelling unit, including through the
conversion or demolition of a garage or carport structure, then any
required replacement parking can be provided as covered or uncovered,
in tandem, or with use of mechanical parking lifts. In any case a minimum
of two (2) stalls per primary residential dwelling unit shall be provided,
outside of the required front or street side yard setback. Each space must
be at least ten (10 feet by twenty (20) feet. ”
“ (f) The accessory dwelling must be limited to a one (1) bedroom unit
with an overall floor area, garage areas excluded, not to exceed six
hundred (600) square feet. The However, the floor area of an attached
accessory dwelling unit must not exceed fifty percent (50%) of the existing
total living area of the single-family unit residential structure (not including
garage). ”
“ (i) An accessory dwelling unit must conform to the setback
requirements generally applicable to residential construction in the zoning
district in which the property is located, subject to the following:
(1) A setback of six (6) feet from the interior side and rear lot lines is
required for a newly constructed detached accessory dwelling unit,
and for an existing accessory structure that is expanded into an
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accessory dwelling unit, except that such an accessory dwelling unit
that is located closer than five (5) feet to the existing single-family
residence remains subject to the setback requirements applicable to
the primary structure as specified by the zoning district in which the lot
is located.
(2) A setback of five (5) feet from the side and rear lot lines is required
for an accessory dwelling unit that is constructed above a garage.
(3) No additional setback is required for an existing garage that is
converted into an accessory dwelling unit.
(4) An accessory dwelling unit must not encroach upon the required
front yard area or the required street side yard area. ”
Section 30.54.40 Accessory dwelling units with existing single-family residences.
The following revisions are recommended to clarify the regulations that apply when
an ADU is created as a result of internal conversion of existing residential space:
“ 30.54.40 Accessory dwelling units proposed within existing single-
family residences and accessory structures (internal conversions).
Notwithstanding any other provisions of this chapter to the contrary, an
application for a building permit to create an accessory dwelling unit will be
ministerially approved within one hundred twenty (120) days after the city
receives the application if the proposed accessory dwelling unit meets all of
the following conditions:
(a) The unit is contained within the existing space of a single-family
residence or legal permitted residential accessory structure (e.g., pool-
house, studio workshop, or garage);
(b) The unit has independent exterior access from the existing residence;
(c) The side and rear setbacks of the unit are sufficient for fire safety;
(d) The unit complies with applicable building and safety codes; and
(e) No other accessory dwelling units or residential units have been
approved on the lot.
(f) The accessory dwelling must be limited to a one (1) bedroom unit with
an overall floor area, garage areas excluded, not to exceed six hundred
(600) square feet.
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(g) An accessory dwelling unit meeting the criteria of this section will not be subject to
any additional parking required for the unit or other development standards (except any
replacement parking that may be required for the primary unit as a result of a garage
conversion). ”
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RESOLUTION NO. 2019-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE GILROY
CITY CODE, CHAPTER 30, SECTIONS 30.1.40, 30.2.20, 30.11.10, 30.11.20,
30.14.10, 30.19.10, 30.19.20, 30.20.40 30.23.10, 30.23.20, 30.24.50, 30.31.20,
30.31.23, 30.31.25, 30.31.30, 30.31.50, 30.31.60, 30.33.20, 30.33.30, 30.41.31,
30.42.20, 30.42.30, 30.46.40, 30.48.20, 30.50.41, 30.50.44, 30.54.30 AND 30.54.40,
AND REPEALING SECTION 30.33.20, RELATED TO GENERAL PLAN AND
ZONING RELATIONSHIP, DEFINITIONS, LAND USE TABLES AND
STANDARDS, PARKING, STORAGE, RV PARK DEVELOPMENT, DENSITY
BONUS, NONCONFORMING USES, MINOR MODIFICATIONS, AND
ACCESSORY DWELLING UNIT STANDARDS
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make minor revisions for internal consistency, clarification, and comply
with state law; and
WHEREAS, the Planning Commission has received and considered the Zoning Code
amendments, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff
report pertaining to the proposed Zoning Text Amendment file number Z 18-07; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2019, at
which time the Planning Commission received and considered written and oral public testimony
related to Zoning Text Amendment file number Z 18-07, and thereafter recommended that the City
Council approve said project with the staff recommended revisions, and with the exception that the
City Council consider separate recommendations of the Planning Commission to exclude the
proposed amendments to the recreational vehicle trailer park standards and accessory dwelling unit
replacement parking standards; and
WHEREAS, the review and approval of the provisions contained in the Zoning Text
Amendment file number Z 18-07 is exempt from environmental review under the California
Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15061(b) (3) of the
CEQA Guidelines, which states that a project is exempt from CEQA when “[t]he activity is covered
by the general rule that CEQA applies only to projects which have the potential for causing a
significant impact to the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Text Amendment implements the
general plan in conformance with state law.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of Zoning Amendments Z18-07 as identified in
Exhibit A to this Resolution, with the exception that the City Council consider separate motions made
by the planning commission to recommend excluding the changes to the recreational vehicle park and
the accessory dwelling unit replacement parking provisions.
PASSED AND ADOPTED this 20th day of June 2019 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
_________________________________ __________________________________
Susan L. O’Strander, Deputy Director Tom Fischer, Chairperson
Exhibit A: Draft City Council Ordinance Amendment No. Z18-07
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Exhibit A
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30, SECTIONS 30.1.40,
30.2.20, 30.11.10, 30.11.20, 30.14.10, 30.19.10, 30.19.20, 30.20.40 30.23.10,
30.23.20, 30.24.50, 30.31.20, 30.31.23, 30.31.25, 30.31.30, 30.31.50, 30.31.60,
30.33.30, 30.41.31, 30.42.20, 30.42.30, 30.46.40, 30.48.20, 30.50.41, 30.50.44,
30.54.30 AND 30.54.40, AND REPEALING SECTION 30.33.20, RELATED TO
GENERAL PLAN AND ZONING RELATIONSHIP, DEFINITIONS, LAND
USE TABLES AND STANDARDS, PARKING, STORAGE, RV PARK
DEVELOPMENT, NONCONFORMING USES, MINOR MODIFICATIONS,
AND ACCESSORY DWELLING UNIT STANDARDS
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make minor revisions for internal consistency, clarification, and comply
with state law; and
WHEREAS, the Planning Commission has received and considered the Zoning Code
amendments, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff
report pertaining to the proposed Zoning Text Amendment file number Z 18-07; and
WEREAS, the Planning Commission held a duly noticed public hearing on June 6, 2019, at
which time the Planning Commission took and considered the written and oral public testimony
related to Zoning Text Amendment file number Z 18-07 and thereafter recommended that the City
Council approve said application; and
WHEREAS, the City Council received and considered a staff report pertaining to Zoning Text
Amendment file number Z 18-07; and
WHEREAS, the City Council held a duly noticed public hearing on July 1, 2019, at which
time the City Council took and considered written and oral public testimony, the staff report, and all
other documentation related to application Z 18-07; and
WHEREAS, the City has determined that the review and approval of the provisions contained
in the Zoning Text Amendment file number Z 18-07 is exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15061(b) (3) of
the CEQA Guidelines, which states that a project is exempt from CEQA when “[t]he activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing a
significant impact to the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA;” and
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WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission has recommended and the City Council finds that the proposed Zoning
Ordinance Text Amendment implements the general plan in conformance with state law; and
WHEREAS, the location and custodian of the documents or other materials that constitute the
record of proceedings upon which Z 18-07 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
Section 30.1.40(b) is hereby amended to read as follows:
“ (b) The zoning ordinance shall be consistent with the general plan of the City of Gilroy. Where
inconsistencies do exist, the general plan shall control the use and development of such land until
such time as the city council revises the zoning ordinance to achieve consistency. ”
SECTION II
Section 30.2.20 is hereby amended to add new definitions as follows:
“ Clinic. See “Medical or Dental Office.”
“ “Hospital” means a facility providing medical, psychiatric or surgical services for sick or injured
persons primarily on an in-patient basis, including facilities for out-patient and emergency
treatment, diagnostic services, training, research and administration, and services to patients,
employees or visitors. ”
“ “Medical or Dental Office/Clinic” means a facility, other than a hospital, that provides
professional medical services, consultation, diagnosis and treatment of clients on an outpatient
basis. This may include a group practice in which several physicians work cooperatively, and/or
educational aspects such as medical instruction and/or training as well as house a laboratory,
radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. ”
“ “Veterinary hospital” means a facility providing medical care for domestic pets such as dogs,
cats, reptiles, birds and similar animals which may include boarding the animals two (2) or more
days. This definition excludes domestic farm animals such as cattle, hogs, sheep, and horses. ”
SECTION III
Section 30.2.20 is hereby amended to replace existing definitions to read as follows:
“ “Dwelling group” means a group of two (2) or more detached residential buildings occupying a
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parcel of land in one (1) ownership. ”
“ “Liquor/Alcohol sales/bars (on-site consumption)” means 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. ”
“ “Office” means uses that predominantly sell professional and/or business services. The contact
with the general public is not as frequent as with retail businesses or personal services, and a
significant portion of the business may take place at other locations. Examples include banks, law
offices, accountants, advertising, and computer support. ”
“ “Parking lot” means an area of land, a yard, or other space on a lot legally used for and designed
for access and parking by standard, and operable, motor vehicles. This definition excludes land
used for display, rental or storage of operable or inoperable vehicles. ”
“ “Window sign” means a sign which is displayed on or located behind and within one (1) foot of
a window (not including a glass entry door), and is visible from a street, walkway, parking lot, or
pedestrian plaza, any of which is accessible to the public. ”
SECTION IV
Section 30.11.10(c) Residential Use Table is hereby repealed and replaced, with revisions,
as set forth in Attachment “A” which is attached hereto and incorporated by this reference.
SECTION V
Section 30.11.20(c) Residential Site and Building Requirement Table is hereby repealed
and replaced, with revisions, as set forth in Attachment “B which is attached hereto and
incorporated by this reference.
SECTION VI
Section 30.14.10 is hereby amended to read as follows:
“ 30.14.10 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 reuse of
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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.
Note: The downtown historic district (DHD) zone does not have the same intent and purpose as
the historic overlay district designation. Article XXVII Neighborhood Combining District overlay
zone establishes historic site and neighborhood regulations. ”
SECTION VII
Section 30.19.10(c)(1) Commercial Use Table is hereby repealed and replaced in its
entirety with revisions as set forth in Attachment “C” which is attached hereto and incorporated
by this reference.
SECTION VIII
Section 30.19.10(c)(2) Downtown Commercial Use Table is hereby repealed and replaced
in its entirety with revisions as set forth in Attachment “D” which is attached hereto and
incorporated by this reference.
SECTION IX
Section 30.19.20(c)(1) Commercial Site and Building Requirement Table is hereby
repealed in its entirety and replaced with revisions as set forth in Attachment “E” which is
attached hereto and incorporated by this reference.
SECTION X
Section 30.19.20(c)(2) Commercial Site and Building Requirement Table (Downtown
Specific Plan Districts) is hereby repealed in its entirety and replaced with revisions as set forth in
Attachment “F” which is attached hereto and incorporated by this reference.
SECTION XI
Section 30.20.40 is hereby amended to read as follows:
“ 30.20.40 Murray-Las Animas Avenue overlay combining district.
The Murray-Las Animas Avenue 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 architectural and site review application proposed for approval within this
geographical area. The public noticing costs shall be borne by the project applicant.
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Notwithstanding section 30.50.41 the planning commission shall review and issue or deny
approval of said application according to the standards set forth in section 30.50.40 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. ”
SECTION XII
Section 30.23.10(c) Industrial use table is hereby repealed in its entirety and replaced with
revisions as set forth in Attachment “G” which is attached hereto and incorporated by this
reference.
SECTION XIII
Section 30.23.20(c) Industrial use table is hereby repealed in its entirety and replaced with
revisions as set forth in Attachment “H” which is attached hereto and incorporated by this
reference.
SECTION XIV
Section 30.24.50(c) Special regulations, Tree Removal is hereby revised to read as
follows:
“ (c) 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 landscaping
standards, contained within Article XXXVIII.”
SECTION XV
Section 30.31.20 is hereby amended to read as follows:
“ 30.31.20 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. Off-street parking areas shall be provided, maintained and made accessible for
each land use or activity in accordance with the following schedule, as shown:
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Type of Use
Off-Street Parking Stalls Required ”
SECTION XVI
Section 30.31.23 is hereby amended to read as follows:
“ 30.31.23 Institutional use off-street parking requirements.
Assisted living facility
Eight-tenths (8/10) 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 fifty (50) square feet of net floor
area for assembly, whichever is greater.
Colleges, art, craft, music and dancing schools 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 one (1) stall per two (2) employees, plus one (1)
stall for every four (4) beds.
Day care centers
One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5)
children.
Family 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
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or one (1) stall for each four (4) auditorium seats, whichever is greater, plus bus loading area. ”
SECTION XVII
Section 30.31.25(a) is hereby amended to read as follows:
“ 30.31.25(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, shopping centers
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.
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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 XVIII
Section 30.31.30(g) is hereby amended to read as follows:
“ (g) Every use shall provide the required parking on the same parcel except:
(1) The owners of adjoining properties may provide parking space in common if said parking
area is secured by easement or other sufficient legal document, to the satisfaction of the
community development director or designee, and provided the total number of parking
spaces provided is equal to the sum of the individual needs.
(2) 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 chapter.
The parking assessment district includes those properties zoned TD, DED, and DHD that lie
within the geographical area bounded by Fourth Street and Lewis Street to the north, E Sixth
Street and West Sixth Street to the south, TD zoned parcels along the west side of Eigleberry,
and DHD zoned parcels along the east side of Monterey Street backing to the rear alleyway,
as further depicted in the Parking Assessment District Boundary Map below.
Parking Assessment District Boundary Map*
” * Parking Assessment District’s #1 & #2 as formed by City Council Resolutions No. 856 & No. 79-99
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SECTION XIX
Section 30.31.50 shall be amended as follows:
“ 30.31.50 Special parking requirements.
(a) 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. However, on any site where compact car
parking has been provided to meet the required parking demand, stalls designated for employee
parking shall not be allowed. Employees shall not be prohibited from using off-street parking.
(b) Accessible Parking Requirements. Accessible parking shall comply with the requirements of
the State Building Code.
(c) 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.
(d) Parking for adaptive re-use of a designated historical resource. For development in which a
designated historical resource is converted or adapted, reductions in required parking shall be
provided consistent with the provisions of Section 18962 (a) of the state Health and Safety Code.
Designated historical resource means a structure or property officially designated on a local
register of historical places, the California Register of Historical Resources, or the National
Register of Historic Places. ”
SECTION XX
Section 30.31.60(a)(1) shall be amended to read as follows:
“ (1) Each accessible parking stall shall be delineated by blue painted curb and lines, and shall be
clearly labeled in blue paint with the standard accessible parking symbol or clearly labeled for
“accessible parking only.” ”
SECTION XXI
Section 30.33.20 Storage, all nonresidential zones, is hereby repealed in its entirety.
SECTION XXII
Section 30.33.30(a) is hereby revised to read as follows:
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“ (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, or
alternative all-weather material driveway as approved by the community development director or
designee, provided all of the following conditions exist: ”
SECTION XXIII
Section 30.41.31(b)(1) Specific provisions –Noise, Maximum Outdoor Noise levels is
hereby revised to read as follows:
“(1) 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 Ldn measured at the property line or 70 dBA (L10) measured at
the property line. “
SECTION XXI
Section 30.42.20 regarding Recreational Vehicle (RV) Park Development standards is
hereby revised to read as follows:
“ 30.42.20 Permitted zones for recreational vehicle parks.
Recreational vehicle parks as regulated herein and that have been conditionally permitted within
the highway commercial, limited industrial, and general industrial zoning districts may continue
to operate in conformance with conditional use permit approval granted for the facility. No new
facilities or any expansion of use shall be allowed.”
SECTION XXIV
Section 30.42.30 regarding Recreational Vehicle (RV) Park guidelines is hereby revised to
read as follows:
“ 30.42.30 Guidelines.
Ongoing operations shall remain in conformance with the following guidelines, except as
otherwise modified by the conditional use permit granted for the facility.
(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 (6) feet shall be provided between the appurtenant structures
attached to an RV and any adjacent RV space. No restroom shall be closer than twenty-five (25)
feet to, nor further than four hundred (400) feet from, an RV space. Other permanent buildings
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shall be set back at least ten (10) feet from any RV space.
(b) Landscaping/Visual 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 Article XXXVIII (Landscaping). 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.
(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 one hundred (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 (1) guest parking space shall be provided for every ten (10) RV
spaces. One (1) parking space shall be provided for each shift employee and shall be
conspicuously labeled as such. One (1) 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 section 30.50.44. 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 XXVI
Section 30.46.40 Density bonus regulations section is hereby repealed in its entirety and
replaced to read as follows:
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“30.46.40 Density bonus for affordable housing developments.
Density bonus provisions shall be governed by the state density bonus law Government Code
Section 65915 et seq. ”
SECTION XXVII
Section 30.48.20 is hereby amended to revise the section title only, to read as follows:
“ 30.48.20 Expansion, enlargement and discontinuance. ”
SECTION XXVIII
Section 30.50.41(b)(1) is hereby amended to read as follows:
“ (1) Changes to previously approved development permits but only for minor modification of
architectural elements, exterior lighting or landscape details (including but not limited to minor
storefront alterations, relocation of doors, equipment screening, minor landscape furniture and
structures, benches, small trellises, and planters) which do not affect the use, intensity, general
character, architectural style, circulation or other site function of the project. ”
SECTION XXIX
Section 30.50.44(a) is hereby amended to read as follows:
“ (a) Landscaping. Landscaping plans including specifications for an irrigation system shall be
approved by the planning director in accordance with Article XXXVIII, 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. ”
SECTION XXX
Section 30.50.44(c) is hereby amended to read as follows:
“ (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. Lighting shall be constructed or located
so that only the intended area is illuminated and off-site glare is fully controlled. ”
SECTION XXXI
Section 30.54.30 is hereby repealed and replaced in its entirety to read as follows:
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“ 30.54.30 Development standards for accessory dwelling units.
An application for a building permit to construct an accessory dwelling unit will be ministerially
approved within one hundred twenty (120) days after the city receives the application if the
proposed accessory dwelling unit meets all of the following conditions to the satisfaction of the
community development director:
(a) The accessory dwelling unit must not be intended for sale separate from the primary single-
family residence, but may be rented for periods not less than thirty (30) days. Prior to the issuance
of the building permit for the accessory dwelling unit, the owner-occupant must record a deed
restriction stating that the accessory dwelling unit must not be rented for periods less than thirty
(30) days and stating that either the primary residence or the accessory dwelling unit must be
owner-occupied.
(b) No more than one (1) accessory dwelling unit may be established in addition to no more than
the one (1) primary single-family dwelling legally constructed on residentially zoned property.
The accessory dwelling unit must be located on a parcel that is designated as an RR, R1 or RH
zoning district, or on a parcel that is zoned R2, R3 or R4 zoning district if the parcel is developed
with only one (1) single-family dwelling and the accessory dwelling unit takes the place of any
future second dwelling unit on the property, or an ND or PUD zoning district in which such use is
allowed in accordance to the master plan or specific plan adopted for the neighborhood district
area in which the parcel is located.
(c) The accessory dwelling unit must be located on a parcel that is occupied by an existing single-
family residence, and that single-family residence must have at least two (2) parking spaces that
comply with the requirements of Article XXXI, Off-Street Parking Requirements. At least one (1)
of these spaces must be covered. However, if the required parking space(s) for a single-family
residence are proposed to be removed in order to accommodate an accessory dwelling unit,
including through the conversion or demolition of a garage or carport structure, then any required
replacement parking can be provided as covered or uncovered, in tandem, or with use of
mechanical parking lifts. In any case a minimum of two (2) stalls per primary residential dwelling
unit shall be provided, outside of the required front or street side yard setback. Each space must be
at least ten (10 feet by twenty (20) feet.
(d) In addition to the required off-street parking spaces for the existing single-family residence,
one (1) off-street parking stall is required for the accessory dwelling unit. The additional parking
stall must comply with parking stall dimensions per section 30.31.40. The additional parking stall
may be covered or uncovered, and may be provided as tandem parking on a driveway that
otherwise complies with the setback and paving requirements set forth in Article XXXI. 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 located within one-half (1/2) mile of a public transit station,
such as a bus stop or train station.
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(2) The accessory dwelling unit is located within an architecturally and historically significant
historic district.
(3) The accessory dwelling unit is contained within the existing space of the single-family
residence or an accessory structure.
(4) The accessory dwelling unit is located in an area where on-street parking permits are
required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one (1) block of the accessory dwelling
unit.
(e) The accessory dwelling unit can either be attached to the existing single-family unit or located
within the living area of the existing single-family unit, or detached from the existing single-
family unit and located on the same lot as the existing single-family unit. Detached accessory
dwelling units must be limited to a single story unless the unit is built above an existing detached
garage. Outside stairways serving a second story accessory dwelling unit shall not be constructed
on any building elevation facing a public street.
(f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area,
garage areas excluded, not to exceed six hundred (600) square feet. However, the floor area of an
attached accessory dwelling unit shall not exceed fifty percent (50%) of the total living area of the
single-family residential structure (not including garage).
(g) 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.
(h) The maximum height for a single-story accessory dwelling unit must be fifteen (15) feet. The
maximum height for the total structure of an accessory dwelling unit located above a garage must
be twenty-four (24) feet.
(i) An accessory dwelling unit must conform to the setback requirements generally applicable to
residential construction in the zoning district in which the property is located, subject to the
following:
(1) A setback of six (6) feet from the interior side and rear lot lines is required for a newly
constructed detached accessory dwelling unit, and for an existing accessory structure that is
expanded into an accessory dwelling unit, except that such an accessory dwelling unit that is
located closer than five (5) feet to the existing single-family residence remains subject to the
setback requirements applicable to the primary structure as specified by the zoning district in
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which the lot is located.
(2) A setback of five (5) feet from the side and rear lot lines is required for an accessory
dwelling unit that is constructed above a garage.
(3) No additional setback is required for an existing garage that is converted into an accessory
dwelling unit.
(4) An accessory dwelling unit must not encroach upon the required front yard area or the
required street side yard area.
(j) Architectural review of the accessory dwelling unit will be limited to the following:
(1) The architectural features, window styles, roof slopes, exterior materials, colors,
appearance, and design of the accessory dwelling unit must be compatible with the existing
single-family residence.
(2) Entrances to the accessory dwelling unit must be screened from street view.
(3) Any window, door or deck of an accessory dwelling unit must utilize design techniques to
lessen views onto adjacent properties to preserve the privacy of residents.
(4) An accessory dwelling unit located within a historic site or neighborhood combining
district will be subject to the design review procedures set forth in section 30.27.40 and must
be consistent with the Secretary of Interior’s Standards for the Treatment of Historic
Properties.
(k) The accessory dwelling unit is subject to the design standards and other zoning requirements
of the zoning district in which the existing single-family 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. ”
SECTION XXXII
Section 30.54.40 is hereby repealed and replaced in its entirety to read as follows:
“ 30.54.40 Accessory dwelling units proposed within existing single-family residences and
accessory structures (internal conversions).
Notwithstanding any other provisions of this chapter to the contrary, an application for a building
permit to create an accessory dwelling unit will be ministerially approved within one hundred
twenty (120) days after the city receives the application if the proposed accessory dwelling unit
meets all of the following conditions:
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(a) The unit is contained within the existing space of a single-family residence or legal permitted
residential accessory structure (e.g., pool-house, studio workshop, or garage);
(b) The unit has independent exterior access from the existing residence;
(c) The side and rear setbacks of the unit are sufficient for fire safety;
(d) The unit complies with applicable building and safety codes; and
(e) No other accessory dwelling units or residential units have been approved on the lot.
(f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area,
garage areas excluded, not to exceed six hundred (600) square feet.
(g) An accessory dwelling unit meeting the criteria of this section will not be subject to any
additional parking for the unit or other development standards (except any replacement parking
that may be required for the primary unit as a result of a garage conversion). ”
SECTION XXXIII
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 XXXIV
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 __ day of ___, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Roland Velasco, Mayor
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ATTEST:
Shawna Freels, City Clerk
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ATTACHMENT “A”
(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 *
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 C 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 *
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 *
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A1 RR R1 R2 R3 R4 RH ND
Schools (Private > 12 Students) C C C C C C *
Supportive and Transitional Housing6 X X X X X X X *
Residential Uses
Accessory Dwelling Unit1 X X X X X X *
Condominiums X X X *
Duplex X3 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 X8 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 An accessory dwelling unit is only permitted on a lot that has been developed with only one (1) legal single-family
residential dwelling unit, and must comply with the regulations prescribed in Article LIV of this chapter.
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.
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7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 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.
8 One residential dwelling unit may be permitted on an A1 zoned parcel that has a minimum size of 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.
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ATTACHMENT “B”
(c) Residential Site and Building Requirement Table.
Residential District Requirements A1 RR R1 R2 R3 R4 ND
LOT REQUIREMENTS
Lot Size in Square Feet (Minimum)1 (Lots Using Street
Standards in Effect Prior to February 2006)
20 ac 2.5 ac 6,000 8,0004 8,000 12,000 *
Lot Size in Square Feet (Lots Using Street Standards
Adopted in February 2006)
20 ac 2.5 ac 6,660 8,880 8,880 13,320 *
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-sac) 222 222 222 222 222 222 *
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 26 26 26 26 *
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet 35 30 35 35 457 757 *
Number of Stories 2 2 2 2 3 6 *
Residential District Requirements A1 RR R1 R2 R3 R4 ND
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI YES YES YES YES YES YES YES
Fences, Article XXXIV YES YES YES YES YES YES YES
Signs, Article XXXVII YES YES YES YES YES YES YES
Landscaping, Article XXXVIII NO NO NO YES YES YES YES
ESTABLISHED DEVELOPMENT POLICIES
Hillside Development Guidelines5 YES YES NO NO NO NO NO
Residential Condominium Policy NO NO NO YES YES YES 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.
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2 Garage vehicular entrances shall be set back from the property line such that they have a minimum eighteen (18)
foot long driveway measured from the back of the sidewalk.
3 For dwellings located within new subdivisions (after the effective date of the ordinance codified in this chapter),
containing five (5) or more lots, the total width of the two (2) side yards for any one (1) lot in an R1 or R2 district
must equal twelve (12) feet. For structures in existence on the effective date of the ordinance codified in this chapter,
a six (6) foot side yard setback shall be maintained, unless a smaller side yard has been allowed by a variance,
planned unit development, or preexisting, nonconforming use.
4 Seven thousand (7,000) sq. ft. for preexisting lots created prior to September 15, 1983; and six thousand (6,000)
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.
7 For R3 and R4 lots proposed to be developed with one (1) single-family residence as the primary use, the height
of the residential dwelling unit shall not exceed two (2) stories and thirty-five feet (35’).
* 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.
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ATTACHMENT “C”
(c)(1) Commercial Use Table.
PO C1 C33 HC CM
Commercial Uses
Adult Businesses1 C
Animal Boarding C15 C15
Animal Grooming or Training X X X
Veterinary Hospital/Veterinary 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
Automotive Body Repair and Painting C
Automotive Parts Sales X X X
Automotive Repair X X
Automotive Sales (Indoor or Outdoor) X X
Automotive Sales, Temporary6 C C C
Automotive Gasoline/Fueling Station C X X X
Car Wash X X
Tire Shop X X X
Bank C X X X
Bakery/Coffee House X X C X
Bars: On-Site Liquor/Alcohol Consumption (Except as Ancillary to
a Restaurant Use)
C4,9 X9 X9 X9
Bed and Breakfast Establishment X X X X
Boat and Motorcycle 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, Medium12 X X
Dance Venue, Large12 X X
Desktop Publishing/Copy Shop X X X X
Feed Store C C X
Festival T T T
Grocery Store or Deli/Supermarket X X X
Gymnasium/Health Studio X X X
Home Occupation10 X X X X
Hotel, Motel X X X
Laboratory (Research and Testing) C X X
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Landscape Nursery X X
Liquor/Alcohol Sales with Tasting (Wine and Beer Only)9 X9 X9 X9
Liquor/Alcohol Sales (Off-Site Consumption)9 C9 X9 X9 X9
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/Recreation14 C C C
Parking Lot X X X
Pawn Shop X X
Personal Services11 X X X
Pool and Billiards Establishment and Indoor Recreation X X
Printing/Sign Painting Establishment X X
Restaurant17 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
Light Industrial Uses
Light Industrial Uses Permitted in M17 X
Plumbing or Sheet Metal Shop X
Pottery and Ceramics Manufacturing X
Truck Stop C C
Public and 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
Emergency Shelter16 C C C C X
Hospital, Rest Home, Sanitarium X X
Lodge, Club, or Fraternal Hall C C X X
Public Facility X X X C X
School (Private ≤ 12 Students) X X X X
School (Private > 12 Students) C C C C
Residential Uses
Boarding or Rooming House C
Caretaker’s Quarters2 C C C C C
Residential Unit C5 X5 X5
Temporary Uses
Christmas Tree Lot T T T T
Outdoor Booth/Sales13 T T T T T
X = Unconditionally permitted.
T = Temporary use—See Article XLVII.
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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 Article XXVIII.
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.
5 Residential units may be allowed in conjunction with an existing business. Stand-alone single-family residential
use of a lot is not permitted. Residential units in the C3 zones may be allowed when located on the second or third
floor of a building. More than one (1) residential unit may be allowed upon approval of a conditional use permit
pursuant to section 30.50.30. 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. Any time these uses are proposed for the
first floor (sidewalk level), a conditional use permit is required.
9 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and
approval of the city’s chief of police.
10 Permitted only if the regulations of Article XL 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.
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12 Provided that all provisions set forth in Chapter 8 are satisfied. See also Article II “Definitions” for additional use
specifications.
13 Outdoor booths and sales are permitted for thirty (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 one hundred fifty (150) feet of residential
properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred
fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are
contained inside a building.
16 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
17 A drive-through window may be allowed for retail establishments/restaurant uses outside of the downtown.
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ATTACHMENT “D”
(2) Downtown Commercial Use Table.
DHD DED CCA TD CD GD
Commercial Uses
Animal Boarding X11 X11 X11 C19
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
Auction House X4 X X
Automotive Body Repair and Painting C
Automotive Car Stereos and Alarm Systems Sales and
Installation
X17 X17 X17
Automotive Car Wash X
Automotive Gasoline/Fueling Station X10 X
Automotive Parts Sales X10 X
Automotive Repair and Service X10 X13
Automotive Sales X9 X X
Automotive Sales, Temporary3 C C C C
Automotive Tire Shop X10 X
Bank X X X X X
Bakery/Coffee House X X X X X X
Bakery, Commercial C12 C12 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
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DHD DED CCA TD CD GD
Dance Venue, Small X X X X X X
Dance Venue, Medium15 X X X X X X
Dance Venue, Large X16 X16 X16 C15
Desktop Publishing/Copy Shop X4 X X X X X
Festival T T T T T T
Grocery Store or Deli (Not Supermarket) X X X X X X
Gymnasium/Health Studio X X X X X X
Home Occupation6 X X X X X X
Hotel, Motel X X X
Laboratory (Research and Testing) X4 C C X
Landscape Nursery X
Liquor/Alcohol Sales/Bars (On-Site Consumption of Beer,
Wine, or Liquor, not including Micro-Brewery and Wine
Tasting Provisions below)5
C1 C1 C1 C1 C1
Liquor/Alcohol Sales (Off-Site Consumption)5 C C C C
Medical or Dental Office/Clinic X4 X X X
Micro-Breweries and Wine Tasting21 D D D
Museums X X X X X X
Mortuary or Crematory C X X
Newspaper Printing Facility X
Office X4,22 X X X X X
Outdoor Amusement/Recreation18 C
Parking Lot (Automobile Parking) X X X X X X
Pawn Shop X X
Personal Services7 X8 X8 X X X X
Pool/Billiards Establishment and Indoor Recreation 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
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DHD DED CCA TD CD GD
Theater X X X X X X
Therapy Clinic (Licensed Provider) X4 X X X X
Tow Yard (No Dismantling or Parts Sales) C
Public and Semi-Public Uses
Ambulance Service X10 X X
Community Center X4 X X X X X
Adult or Child Day Care Center C X X X X
Emergency Shelter20 C C C C C C
Hospital, Rest Home, Sanitarium C X
Lodge, Club, or Fraternal Hall X4 C X C X
Public Facility X X X X X X
Religious Institution X4 X X X X
School (Private ≤ 12 Students) X4 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 Units2 X4 X4 X14 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 Article XLVII.
C = Permitted only with conditional use permit granted by planning commission.
D = Permitted only with an administratively approved downtown use permit granted by the community development
director, or his/her designee.
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/alcohol 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;
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(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) of this footnote, the minimum residential density in the DHD, DED
and CD districts shall be twenty (20) units per acre.
(f) Development of new stand-alone single-family residential use on a lot within the downtown commercial
districts is not allowed. However, an existing legally permitted historic single-family residence shall be deemed a
conforming land use.
3 A conditional use permit may be granted to an auto related sales business for up to four (4) temporary auto sales
events on the same property within one (1) calendar year.
4 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the
ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall
not front on the street.
5 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and
approval of the city’s chief of police.
6 Permitted only if the regulations of Article XL, Home Occupation, 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 (1/2) 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 one hundred fifty (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 Only allowed ancillary to a primary use (see Article II Definitions). Provided that all other provisions set forth in
Chapter 8 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 district, combined, and only located on Monterey Street between 1st St. and 10th St.
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 are satisfied. City council approval is required for the fourth 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 1st St. and 10th St. and only with a
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downtown special use permit granted by the community development director or designee; and provided, that all
provisions set forth in Chapter 8 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 one hundred fifty (150) feet of a residentially zoned property.
18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation
facilities are enumerated under “pool/billiards establishment and indoor recreation.”
19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential
properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred
fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are
contained inside a building.
20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
21 Administrative approval of a downtown use permit is required when criteria set forth in section 30.50.35 are met.
Any micro-brewery or wine tasting uses not meeting the criteria noted in section 30.50.35 would fall into the liquor
sales/bars (on-site consumption of beer, wine, or liquor, except uses meeting micro-brewery and wine tasting
provision) category in the use table.
22 Within the downtown historic district (DHD) zone district, along Monterey Road north of 4th Street and south of
6th Street, ground level active office uses shall be allowed without a conditional use permit until September 1, 2020.
Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown
area, in alignment with the downtown specific plan vision. After that date, conditional use permit approval shall be
required for such uses throughout the DHD zone district.
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ATTACHMENT “E”
(c)(1) Commercial Site and Building Requirement Table.
Commercial District Requirements PO C1 C3 HC CM
LOT REQUIREMENTS
Lot Size in Square Feet (min.) (Lots Created Prior to September
2005)
8,000 none none none none
Lot Size in Square Feet (min.) (Lots Created After September 2005) 8,880 none none none none
LOT COVERAGE * * * * *
Commercial District Requirements PO C1 C3 HC CM
YARD REQUIREMENTS (Minimum Setbacks in Feet)
Front (Measured from the Face of Curb) 31 31 41 31 26
Side (Adjacent to Street) (Measured from the Face of Curb) 21 21 31 31 26
Side (All Other Side Yards) 6 ** 0 ** **
Rear ** ** 0 ** **
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet1 35 35 55 55 35
Number of Stories 2 2 4 4 2
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes
Fences, Article XXXIV Yes Yes Yes Yes Yes
Signs, Article XXXVII Yes Yes Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes Yes Yes
Performance Standards, Article XLI Yes Yes Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Commercial Condominium 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
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the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning
district.)
1 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.
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ATTACHMENT “F”
(2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts).
Commercial District Requirements DHD DED CCA TD CD GD
LOT REQUIREMENTS
Lot Size in Square Feet (Minimum) 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) 5 20 du/ac
(min)
20 du/ac
(min)
n/a8 20 du/ac
(max)
20-40
du/ac
(min/max)
30 du/ac
(max)
YARD REQUIREMENTS (Setbacks in Feet
Measured from Property Line)
Minimum/Maximum Min/Max Min/Max Min/Max Min/Max Min/Max
Front 0/15 0/15 0/none 0/15 15/none
Side (Adjacent to Street) 0/101 0/101 0/none1 10/none1 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 Min/Max
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 10/none
East of Eigleberry Street Min/Max
Front 0/15
Side (Adjacent to Street) 10/none1
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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
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 Stories7 4 4 4 3 4 3
BUILDING FORM
Street Front Building Height (Minimum Feet) 25 min 25 min 25 min None 25 min None
Third and Fourth Floor Setback Required Yes Yes Yes No No No
Facades Greater than 40 Feet in Length Shall Replicate
Traditional 20 to 40 Feet Store Fronts
Yes Yes No No No No
RAILROAD CORRIDOR STANDARD
(See Railroad Corridor Standards, Article XIV) Yes Yes No No Yes Yes
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes Yes
Fences, Article XXXIV Yes Yes Yes Yes Yes Yes
Signs, Article XXXVII Yes Yes Yes Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Yes
Performance Standards, Article XLI 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
1 To be reviewed for vehicular sight distance.
2 To be reviewed by staff to ensure compliance with urban design principles.
3 Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is fifty-one (51) feet to
accommodate drive access and parking.
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4 Ten (10) foot setback to property line allowed with a porch.
5 Use floor area ratio to determine project size for commercial and mixed-use development, and use residential
density to determine project size for stand-alone residential development. Residential use is only allowed as part of a
mixed use development within the DHD, DED and CCA districts. Stand-alone (multi-family) residential development
is only allowed within the cannery district (CD), gateway district (GD) and transitional district (TD). See Article XIV
for additional specifications.
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 (2) 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.
8 No min/max density. See Downtown Specific Plan for additional specifications. Residential apartments,
townhomes, live/work units above/behind ground floor only allowed between Eigleberry Street and Church Street.
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ATTACHMENT “G”
(c) Industrial Use Table.
CI M1 M2
Commercial Uses
Ancillary Retail4 C C C
Animal Hospital/Boarding (aka, Kennel, indoor or outdoor) C X
Amusement or Recreation Facility C C
Automotive Repair or Body Shop X X
Building Materials Sales and Storage Establishments X X
Cafeteria (for Employees Only) X X X
Dry Cleaning and Laundry Facilities (Bulk) X X
Office (Corporate) X X X5
Printing Shops X X X
Professional Offices X X
Restaurant7 X C C
Trailer, Commercial Truck, and Industrial Equipment Lease or Sales X X
Veterinarian Office X
Industrial Uses
Assembly Plant—Electronics X X X
Assembly Plant—Light (Scientific/Medical) X X X
Assembly Plant—Heavy (Vehicles/Vessels/Equipment) 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 C C
Feed Yard C X
Food Processing Plant C X
Hazardous Waste Transport, Recycling, Processing, or Storage Facility2,3 C
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CI M1 M2
Laboratory X X
Lumber Yard X X
Machine Shop X X
Manufacturing Plant—Electronic Components, Plastics, Ceramics C C X
Manufacturing Plant—Heavy (Vehicles, Equipment, etc.) X
Manufacturing Plant—Light (Scientific/Medical) X X X
Mini-Storage and Locker Storage C C
Music Studio X X X
Rental Facilities X X
Research and Development Facility X X X
Sheet Metal Fabrication X
Tow Yard C X
Truck Service/Repair Station or Terminal C C
Truck Storage or Parking Yard C X
Truck Stop C C
Warehouse Facility X X
Waste Material Handling Facility/Recycling Facility C
Welding Facility X X
Wholesale Establishments X X
Wrecking Yard or Dismantling Facility C
Public and Semi-Public Uses
Religious Institution C C
Day Care Center X C
Emergency Shelter6 C C C
Hospital X C C
Medical or Dental Office/Clinic X C
Public Utility Service X X
Schools (Colleges, Vocational, Trade Schools) X X C
Temporary Uses
Caretaker’s Residence1 C C
Christmas Tree Lot T T
Festival T T T
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CI M1 M2
Outdoor Booth/Sales T T T
X = Unconditionally permitted.
C = Permitted only with conditional use permit granted by planning commission.
T = Temporary use—See Article XLVII.
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 ten percent (10%) of the gross enclosed floor
area for buildings that are ten thousand (10,000) square feet or less, or ancillary retail uses that do not exceed five
percent (5%) of the gross enclosed floor area for buildings that are larger than ten thousand (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 percent (25%) 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 Article XXXI. 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.
6 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
7 A drive-through window may be allowed for retail establishments/restaurant uses outside of the downtown.
8.A.c
Packet Pg. 157 Attachment: PC Resolution 2019-07 (File Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Resolution No. 2019-07
Page 42
Ord Z18-07
ATTACHMENT “H”
(c) Industrial Site and Building Requirement Table.
Industrial District Requirements CI M11 M2
LOT REQUIREMENTS
Building Coverage (Maximum) 50% 60% 60%
YARD REQUIREMENTS (Minimum Setbacks in Feet)
Front (Measured from the Face of Curb) 41 41 26
Side 20 None None
Side (Adjacent to Street – Measured from the Face of Curb) 31 31 31
Rear 20 None None
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet 35 35 75
Number of Stories 2 2 6
ADDITIONAL REGULATIONS
Off-Street Parking, Article XXXI Yes Yes Yes
Fences and Obstructions, Article XXXIV Yes Yes Yes
Signing, Article XXXVII Yes Yes Yes
Landscaping, Article XXXVIII Yes Yes Yes
Performance Standards, Article XLI Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Industrial Condominium 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 Avenue overlay combining district. Properties in this district are subject to the
requirements of section 30.20.40 and to the “Murray-Las Animas Avenue overlay combining district design policy.”
8.A.c
Packet Pg. 158 Attachment: PC Resolution 2019-07 (File Z18-07) (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Planning Commission
Special Meeting
of
JUNE 20, 2019
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Attendee Name Title Status Arrived
Rebeca Armendariz Planning Commissioner Present 6:29 PM
Peter Fleming Planning Commissioner Present 6:20 PM
Amanda Rudeen Planning Commissioner Present 6:13 PM
Casey Estorga Vice Chair Present 6:25 PM
Sam Kim Planning Commissioner Excused
Susan Rodriguez Planning Commissioner Excused
Tom Fischer Chair Present 6:20 PM
III. PUBLIC COMMENTS
IV. CONSENT AGENDA
1. 4/4/19 Regular Planning Commission Meeting Minutes
2. 4/18/19 Special Planning Commission Meeting Minutes
V. PUBLIC HEARINGS
A. Tentative Map TM 18-02 (#18060015) application requests subdivision of
approximately 125.32 acres for build-out of the Nebbiolo, Malvasia, and The Glen
neighborhoods of the Glen Loma Ranch Specific Plan. The subject site is located
north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue. The site
comprises APN # 808-18-003, 808-18-024, 808-18-025, and 808-18-026. The approved
Glen Loma Ranch Specific Plan anticipates residential land uses at various densities
in these neighborhoods. The requested map proposes to create 102 Village Lots in
the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23
Compact Lots in the The Glen neighborhood, for a total of 171 residential lots. This
subdivision would also create two public open space parcels for the construction of
the Santa Teresa trail; 22 private open space parcels that will be maintained by the
homeowners’ association; three lots for future development; and associated public
and private streets on property. This request is for mapping purposes only, and
details of the individual development of these lots are not a part of this proposal.
Future build-out of these lots will be in accordance with the specific plan. The
project site is located within the Glen Loma Ranch Specific Plan area and is
commonly known as Nebbiolo, Malvasia, and The Glen at Glen Loma Ranch.
Application filed by Tim Filice representing the Glen Loma Group, 7888 Wren
Avenue, Suite D143, Gilroy, CA 95020.
1. Staff Report: Melissa Durkin, Planner II
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
2) Recommendation: Staff has analyzed the proposed project and recommends that the
Planning Commission adopt a resolution recommending that the City Council approve
8.A.d
Packet Pg. 159 Attachment: PC Minutes 062019 (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Tentative Map TM 18-02, subject to certain findings and conditions. (Roll Call Vote)
Melissa Durkin, Planner II presented the report.
Comments were received by Commissioner Estorga and Chair Fischer.
Chair Fischer opened public comment.
None.
Chair Fischer closed public comment.
Disclosure Ex-Parte Communication:
None.
RESULT: APPROVE [UNANIMOUS]
MOVER: Casey Estorga, Vice Chair
SECONDER: Rebeca Armendariz, Planning Commissioner
AYES: Armendariz, Fleming, Rudeen, Estorga, Fischer
ABSENT: Kim, Rodriguez
B. A City-initiated Zoning Ordinance Amendment (Z 18-07) is proposed to amend
various sections and provisions of Gilroy City Code, Chapter 30. These
modifications include minor changes to the definitions, land uses, parking and
vehicle storage, RV parks, nonconforming uses, minor modification process and
accessory dwelling unit standards.
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
2) Recommendation: Staff recommends that the Planning Commission adopt a
resolution recommending that the City Council approve the proposed ordinance
amendments (Z 18-07). (Roll Call Vote)
Kraig Tambornini, Senior Planner presented the report.
Several commissioners had concerns regarding the land use types for Recreational
Vehicle (RV) camping facilities and Accessory Dwelling Units (ADU) parking
requirements.
Chair Fischer opened public comment.
None.
Chair Fischer closed public comment.
Disclosure Ex-Parte Communication:
Commissioner Fleming had a brief conversation with James Sooner regarding ADU
parking requirements. Chair Fischer attended the City's Developer's Roundtable in April
were this topic was presented.
8.A.d
Packet Pg. 160 Attachment: PC Minutes 062019 (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Motion to accept the zoning ordinance Z 18-07 with the exception of the RV standards
and ADU parking requirements is recommended to be voted separately.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Planning Commissioner
SECONDER: Amanda Rudeen, Planning Commissioner
AYES: Armendariz, Fleming, Rudeen, Estorga, Fischer
ABSENT: Kim, Rodriguez
A City-initiated Zoning Ordinance Amendment (Z 18-07) is proposed to amend
various sections and provisions of Gilroy City Code, Chapter 30. These
modifications include minor changes to the definitions, land uses, parking and
vehicle storage, RV parks, nonconforming uses, minor modification process and
accessory dwelling unit standards.
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
2) Recommendation: Staff recommends that the Planning Commission adopt a
resolution recommending that the City Council approve the proposed ordinance
amendments (Z 18-07). (Roll Call Vote)
Motion to recommend no changes to "Recreational Vehicles, Travel Trailer Parks or
Camping Facility" in the zoning tables and all related provisions related to the s tatus
quo.
Moved by Commissioner Armendariz, seconded by Commissioner Fleming. Passed on
a vote 5-0-2-0.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Planning Commissioner
SECONDER: Peter Fleming, Planning Commissioner
AYES: Armendariz, Fleming, Rudeen, Estorga, Fischer
EXCUSED: Kim, Rodriguez
A City-initiated Zoning Ordinance Amendment (Z 18-07) is proposed to amend
various sections and provisions of Gilroy City Code, Chapter 30. These
modifications include minor changes to the definitions, land uses, parking and
vehicle storage, RV parks, nonconforming uses, minor modification process and
accessory dwelling unit standards.
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
2) Recommendation: Staff recommends that the Planning Commission adopt a
resolution recommending that the City Council approve the proposed ordinance
amendments (Z 18-07). (Roll Call Vote)
Motion to recommend removing the parking minimums for accessory dwelling units
(ADU).
8.A.d
Packet Pg. 161 Attachment: PC Minutes 062019 (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Moved by Commissioner Armendariz, seconded by Commissioner Fleming. Passed on
a vote 4-1-2-0.
RESULT: APPROVE [4 TO 1]
MOVER: Rebeca Armendariz, Planning Commissioner
SECONDER: Peter Fleming, Planning Commissioner
AYES: Armendariz, Fleming, Rudeen, Estorga
NAYS: Fischer
EXCUSED: Kim, Rodriguez
VI. NEW BUSINESS
A.
1. Staff Report:
2. Public Comment
3. Possible Action:
Julie Wyrick, Planning Manager presented the report.
Chair Fischer opened public comment.
None.
Chair Fischer closed public comment.
The Planning Commission will provide their annual presentation to City Council on the
selected date of October 7, 2019.
RESULT: ANNOUNCED [UNANIMOUS]
MOVER: Casey Estorga, Vice Chair
SECONDER: Amanda Rudeen, Planning Commissioner
AYES: Armendariz, Fleming, Rudeen, Estorga, Fischer
ABSENT: Kim, Rodriguez
VII. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approval
VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
IX. REPORTS BY COMMISSION MEMBERS
Chair Tom Fischer - Provided a brief report on the General Plan Advisory Committee and
Historic Heritage Committee.
Vice Chair Casey Estorga - Street Naming; no meeting, no report. Propose to agenize
and discuss the City's regulations on cannabis.
Commissioner Armendariz - Provided a brief report on the Housing Advisory Committee.
Commissioner Sue Rodriguez - South County Joint Planning Advisory Committee;
excused absence.
8.A.d
Packet Pg. 162 Attachment: PC Minutes 062019 (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
Commissioner Peter Fleming - Provided a brief report on the upcoming events being held
by Gilroy Downtown Business Association.
Commissioner Amanda Rudeen - Provided a brief report on the High Speed Rail
Authority and Bicycle Pedestrian Commission. City Council Meetings for April 1, 2019 and
April 15, 2019 - will provide report at the next scheduled Planning Commission meeting.
Commissioner Sam Kim - General Plan Advisory Committee and City Council Meetings
for May 6, 2019 and May 20, 2019; excused absence.
X. PLANNING MANAGER REPORT
Planning Manager, Julie Wyrick provided an update on the upcoming scheduled Planning
Commission meeting items.
XI. ASSISTANT CITY ATTORNEY REPORT
No report.
XII. ADJOURNMENT to the Next Meeting of July 11, 2019 at 6:30 P.M.
Christina Ruiz, Management Assistant
8.A.d
Packet Pg. 163 Attachment: PC Minutes 062019 (2374 : Minor Zoning Ordinance Amendments (Z 18-07))
City of Gilroy
STAFF REPORT
Agenda Item Title: Report on July 4, 2019 Fireworks Enforcement and Review of City
Code Section 10A “Fireworks”
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Police Department
Submitted By: Scot Smithee
Prepared By: Scot Smithee
Patricia Vigil
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide direction to staff.
EXECUTIVE SUMMARY
This report covers two distinct but related topics:
1) The Police Department fireworks enforcement efforts and
2) a review of the City Code Chapter 10A related to fireworks booth operator
requirements.
The Gilroy Police Department receives an increase in calls around the July 4 th holiday
regarding illegal fireworks. After several years of declining enforcement statistics, a five-
point enforcement strategy was implemented in 2018 to include deploying police
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resources in a covert manner and increasing the penalties for use of illegal fireworks
from $500 to $1,000. This is the second year the five -point enforcement strategy has
been utilized. This report summarizes the fireworks enforcement statistics from the
previous five years.
BACKGROUND
In 2018, a five-point enforcement strategy was implemented to include:
1) Modifying Gilroy City Code Section 10A.14 increasing the maximum fine for
violations of the fireworks ordinance from $500 to $1,000;
2) Using a mobile application allowing community members to report illegal firework
usage directly to police department personnel via smart devices;
3) Deploying 10 officers in unmarked vehicles to observe violations in a covert
manner;
4) Deploying 2 officers on dual-sport police motorcycles which allowed for more
flexibility in navigating congested areas and accessing law violations more
rapidly;
5) Utilizing social media platforms to inform the public of a zero tolerance approach
to illegal fireworks usage.
2019 is the second year of implementation of the five-point illegal fireworks enforcement
strategy.
ANALYSIS
Police Department Fireworks Enforcement Efforts and Statistics
Compilation of the data collected for 2019 show similar enforcement statistics as
reported in 2018. Criminal citations decreased from 18 in 2018 to 17 in 2019 while
administrative citations increased from 42 to 43 for a combined 60 citations issued in
2019.
This year, community members used the Nail ‘Em mobile applica tion to submit 137
reports of illegal fireworks. The application allowed community members to report the
possession, sale and/or use of illegal fireworks in the community along with photos and
geographic positioning system (GPS) locations to officer’s smartphones, which eased
some calls that would have been routed via the communications center. Also of note,
600 pounds of illegal fireworks were confiscated during the enforcement period. In total,
241 calls for service were received between 4:00 p.m. on July 4th to 2 a.m. on July 5th,
of which 119 of the calls for service during this period were fireworks related.
The two charts below show a five-year comparison of illegal fireworks enforcement
data:
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Review of the City Code Chapter 10A Related to Fireworks
Along with the review of existing enforcement strategy, staff seeks direction to begin a
review of the current City Code Chapter 10A relating to fireworks booth operator
permits. Specifically, a review of language determining the qualifications for issuing a
fireworks permit to individuals and groups.
Existing Fireworks Booth Operator Permit Qualifications
After review of last year’s booth permit process, it is apparent that the current City Code
language is unclear as to the qualifications for Booth Operator Permit issuance. Below
is the current City Code language:
10A.3 Application for a permit.
All applications for a permit to sell fireworks shall:
(d) Be accompanied by an assurance that a one million dollar ($1,000,000.00)
combined single limits insurance certificate designating the City as an additional
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insured, and a copy of the required license from the State Fire Marshal shall be
provided to the Fire Chief prior to issuance of a permit.
The individual organizations that have been issued permits have not been providing
insurance directly from their own insurance carrier. The fireworks vendor (American
Promotional Events, Inc.) has been providing the required insurance and naming each
individual organization through their insurance carrier. Clarification on the insurance
requirements and the City Code language is ambiguous and may need revision.
10A.5 Qualifications for issuance of permit.
The following qualifications must be met by each applicant for a permit.
(a) No permit shall be issued to any person, firm or corporation except non-profit
associations or corporations organized primarily for civic betterment or youth
activities in Gilroy.
Existing program requirements require each individual vendor to complete the “Non-
profit Fireworks Vendor Questionnaire”. The questionnaire is very specific regarding the
organization’s requirements as indicated below:
Non-profit organizations with a current Federal Tax I.D. number
Organizations with a Federal Tax Exemption letter
Organizations Non-profit Charter;
Organization’s affiliated with a proper tax-exempt or non-profit agency
(b) Each such organization must have its principal and permanent meeting place in
the corporation limits of the city; must maintain a bona fide membership of at least
twenty (20) members; and must have been organized and established in the city’s
corporate limits for a minimum of one (1) year continuously preceding the filing of the
application for the permit.
The “Non-profit Fireworks Vendor Questionnaire” specifically requires the applicant to
provide the principal and permanent meeting place of the organization to include the
address and permanent meeting place. One of the existing booth vendors resides
outside city limits.
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(c) No organization may receive more than one (1) permit for fireworks sales
during any one (1) calendar year. One (1) permit may be issued to two (2) or
more qualifying applicants as a joint venture. The maximum number of permits
which may be issued during any one (1) calendar year shall not exceed sixteen
(16) permits.
Many of the organizations that have historically been issued permits are not actually
“Non-Profit” organizations but instead, are school organizations, like Cheerleader Clubs
and Football Teams. Others are actual “Non-Profits” as determined by the IRS tax code
with tax ID numbers. One organization, the Gavilan College football team is a local
organization however; they are not located in the City. Likewise, other organizations
may not fit the description related to “Civic betterment” or “Youth activities” either. Most
of the booth operators have had permits for many years so this has become the actual
practice.
However, this past year the non-profit status of the fireworks booth vendors was
reviewed by the Finance Department as a result of a special event application.
Following the non-profit status review, Finance identified a local boxing club as not
having the required documentation classifying the organization as a non-profit group.
The “Non-Profit” status seems to fit the definition of “youth activities” for the local boxing
club so they were included, but there was confusion by staff as to the City Code
language about being a non-profit organization.
Proposed Policy Considerations for Fireworks Booth Operator Permit Qualifications
City staff is seeking City Council direction to ensure that the language in the City Code
clearly reflects the currently City Council’s intentions and priorities. Some questions to
consider in this discussion include:
What did the Council intend with the “Non-Profit” requirement? And what would
like to be done going forward?
Does the Council want to require permittees and booth operators to be located
and organized in the City of Gilroy City Limits?
Should we allow non-Gilroy organizations provided the proceeds are used
for Gilroy civic purposes or youth programs?
What types of activities would “Civic Betterment” include?
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Does the Council want to require permittees to have genuine “non-profit” status?
Grandfather in existing permittees? (Or not)?
Does the Council want to require permittees to dedicate a minimum percentage
of profits to the group or organization they support?
Receiving council direction on these questions will inform staffs efforts in both (1)
reviewing the existing code and (2) potentially proposing new code that matches with
the City Council’s intentions and priorities.
As a result of the preliminary staff review, we have asked the City Attorney’s Office to
assist us in reviewing the current language in order to clarify or modify the language in
the City Code to eliminate any ambiguity or confusion. Once we confirm the Council’s
intent, staff will work with the City Attorney to amend the language and bring it back to
the City Council at a future meeting for Council adoption.
ALTERNATIVES
1. Direct staff to continue with the five-point illegal fireworks enforcement strategy
for 2020.
2. Council can provide direction to modify the enforcement strategy for 2020.
3. Direct staff to revise City Code Chapter 10A “Fireworks” in relation to application
and qualifications of fireworks booth permits and report back to the City Council
with recommended changes consistent with City Council direction.
4. Council could choose not to make changes to the City Code Chapter 10A and
leave the fireworks booth operators permit process unchanged.
FISCAL IMPACT/FUNDING SOURCE
There is no direct impact to the City for enforcement activities. This action is to report on
the five-point enforcement strategy. The cost of developing and deploying a fireworks
mitigation strategy is covered through the fireworks mitigation plan and paid for by the
local fireworks vendors.
A review of the City Code Chapter 10A “Fireworks” language will require a commitment
of time from both the City Attorney and City staff.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Proposed Amendments to Chapter 16 of the
Gilroy City Code Entitled "Offenses - Miscellaneous" to Include
New Sections to the Definition of Deadly Weapons and to Prohibit
Possession of Imitation Firearms with Specific Exceptions
Meeting Date: September 9, 2019
From: Gabriel Gonzalez, City Administrator
Department: Police Department
Submitted By: Scot Smithee
Prepared By: Scot Smithee
Patricia Vigil
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Direct staff to draft amendments the Gilroy City Code Chapter 16 entitled "Offenses -
Miscellaneous" to include new sections to the definition of deadly weapons and to
prohibit possession of imitation firearms with specific exceptions.
EXECUTIVE SUMMARY
Gilroy Police Officers are experiencing an increase in incidents involving the use of
imitation firearms located on individuals or recovered in vehicles during the course of
criminal activity. Imitation firearms are devices, such as air guns, pellet guns, and BB
guns that resemble real firearms and are used during the commission of crimes. The
Police Department is proposing to amend the Gilroy City Code to include defining
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imitation firearms and prohibit the possession of imitation firearms with specific
exceptions.
BACKGROUND
The Police Department is experiencing incidents of imitation firearms used during the
course of criminal acts and subsequently located on individuals or in vehicles. For
example, during the first five months of 2019, there have been six incidents involving
imitation firearms. The most recent involved a victim who sustained injuries to the head,
face, and neck after being shot with a pellet gun.
Further, in 2018, an officer attempted to detain a fleeing suspect who brandished an
imitation firearm at a victim during a carjacking. In a second case, officers were
investigating a suspicious vehicle call for service and the driver was located with a
holstered imitation firearm visible on the passenger seat of the vehicle.
In another case, officers were responding to a call for service of a suspicious person
observed with a visible firearm in their waistband. A search of the subject revealed the
firearm to be a realistic looking imitation firearm.
These calls for service indicate the impact and severity imitation firearms are placing on
officer resources due to the likelihood of more than one officer responding to the call.
Police officers have to make decisions during rapidly evolving events. Subjects
possessing these weapons create risks for the officers, themselves, and the public. .
Due to the inherent threat of the incident, the officer’s focus is on the person holding the
weapon and their actions. There are documented cases of officers who have been
forced to use deadly force against a suspect who was later found to be in possession of
an imitation firearm. Furthermore, many times individuals suffering a mental health
crisis will use these imitation firearms to commit “suicide by cop”.
ANALYSIS
Imitation firearms manufactured today closely resemble and function like real firearms.
Two types of imitation firearms include pneumatic and replica guns. Pneumatic guns,
such as air-soft guns, use pneumatic pressure to propel a projectile. The propellant
system may be either through an internal pump, hand operated by the person using the
gun or one using a compressed C02 air cartridge. These weapons are readily available
to purchase and are powerful enough to cause bodily injury. Replica guns are full size
reproductions of firearms. Most of these weapons operate in the same manner as real
firearms including a charging slide that moves back and forth and a magazine clip
placed in the stock of the weapon identical to the way a real firearm is loaded.
Imitation firearms have the ability to shoot projectiles at high rates of speed and cause
great bodily injury to a person. Due to the realism of the shape and design of imitation
firearms, they are difficult to identify as imitations unless closely examined.
Manufacturers of pneumatic weapons distinguish their product from real firearms by
inserting a bright orange plug in the tip of the barrel of each weapon. However,
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individuals can easily modify the weapons by either spray painting the orange tip black
or wrapping the weapon in black tape to resemble a real firearm.
Reasons offenders use imitation firearms in criminality is the belief they will avoid
harsher punishments, such as a weapons possession charge, if caught with an imitation
rather than real firearm. Therefore, criminals will brandish imitation firearms to threaten
victims, commit armed robberies, and perpetrate other crimes. An imitation weapon is
easier and cheaper to obtain than a real firearm, not subject to a background check, is
almost indistinguishable from a real weapon, and will instill fear in victims who cannot
recognize a real firearm from an imitation firearm.
Lastly, psychological displacement by criminals is a factor for the use of an imitation
firearm over a real firearm due to the realism of the weapon. Because the size of the
gun is similar to a real weapon, the criminal assumes t he same feelings of power,
manipulation, and control thereby building confidence to perpetrate crimes and victimize
innocent people.
Maintaining control of an incident and resolving the incident while providing public safety
and self-protection are foundation of an officers training principles. Daily, officers face a
multitude of scenarios that require split second decision -making. Possession of imitation
firearms by individuals places additional officer safety risks as officers face life-or-death
assessments during rapidly evolving events.
Across the nation, we have seen incidents of great bodily injury inflicted to individuals
who brandish or use imitation weapons during the commission of crimes. Review of
other cities City codes reveal the inclusion of the definition of imitation firearms and
prohibit the possession of imitation firearms with specific exceptions.
The Gilroy Police Department is recommending Council consider changing two sections
of the Gilroy City Code to include imitation firearms in the definition of deadly weapons
and prohibit their possession with specific exceptions. These two changes will provide
officers an added enforcement measure to confiscate and remove imitation weapons
from circulation.
Research conducted reveals there is no advisory government agency responsible for
the overall compilation of law enforcement data on the use of imitation weapons used in
criminal activity. Each agency retains its own individual records management on cases
involving imitation weapons.
The last research study conducted for Congress in 1990 by the Police Executive
Research Forum on police involvement with imitation firearms was experiential, not
empirical estimates. The research found that in a four-year period, 458 police
departments reported 5,654 robberies and 8,128 assaults committed involved the use of
imitation firearms during the course of crimes. The law enforcement agencies that were
surveyed reported 31,650 imitation weapons seized in the same four -year period.
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If Council were to approve changes to the City Code the goal is to include imitation
firearms, such as air guns, pellet guns and BB guns as part of the definition of deadly
weapons and will make possession of imitation firearms illegal to possess with specific
exceptions. These changes to the Gilroy City Code would provide officers with a lawful
enforcement foundation to confiscate imitation firearms and remove them from the City
streets of Gilroy.
ALTERNATIVES:
1. Consider amending the Gilroy City Code to include imitation firearms in the
definition of deadly weapons and prohibiting the possession of imitation firearms
with specific exceptions. STAFF RECOMMENDS this option to promote public
safety and reduce risks for officers and the public.
2. Do not amend the City of Gilroy City Code defining imitation firearms and
prohibiting the possession imitation firearms. STAFF DOES NOT RECOMMEND
the status quo option because it will not make progress in reducing risk to officers
and the public.
FISCAL IMPACT:
City Attorney time to draft proposed ordinance.
CONCLUSION:
Crimes using imitation firearms are on the rise in Gilroy. Staff is initiating a proactive
approach to consider amendments to the Gilroy City Code that would provide officer’s
with a lawful foundation to cite, confiscate and remove dangerous imitation weapons
from the hands of criminals in Gilroy.
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