Ordinance 2003-20
ORDINANCE NO. 2003-20
AN ORDINANCE OF THE CITY OF GILROY AMENDING AND
REVISING THE GILROY ZONING ORDINANCE AND THE
GILROY ZONING MAP
WHEREAS, the City of Gilroy submitted application Z 02-09 requesting approval to
amend and revise the Gilroy Zoning Ordinance and Gilroy Zoning Map; and
WHEREAS, on June 13, 2002 the City adopted its General Plan Update (GPA 99-01);
and
WHERAS, an Environmental Impact Report was prepared in compliance with California
Environment Quality Act (CEQA) for the City of Gilroy's General Plan Update; and pursuant to
Section 21093 of the CEQA Guidelines, the proposed City wide rezone and text amendment is
tiered off the approved final Environmental Impact Report as an implementation action of the
General Plan Update; and
WHEREAS, the Planning Commission reviewed application Z 02-09 and held a duly
noticed public hearing on September 4, 2003, and thereafter voted to recommend approval of the
proposed amendments; and
WHEREAS, the City Council reviewed application Z 02-09 and all documents relating
thereto, including the Staff Report dated August 28,2003, and took oral and written testimony at
its duly noticed public hearing on September 8, 2003; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, the City Council hereby finds:
A. The proposed Zoning Ordinance text amendments and Zoning Ordinance Map
amendments are in conformance with the Gilroy General Plan and are consistent with the
intent of the goals and policies of the General Plan.
B. The proposed Zoning Ordinance text amendments and Zoning Ordinance Map
amendments will not be detrimental to the public welfare or injurious to persons or
property in the City.
Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF
GILROY DOES HEREBY ORDAIN AS FOLLOWS:
IJH\604777.1
01-101403-04706002
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Ontinance No. 2001-20
SECTION I
The Gilroy Zoning Ordinance is hereby amended and revised as fully set forth in the
Gilroy Zoning Ordinance attached hereto as Exhibit "A" and Gilroy Zoning Map amendments
attached as Exhibit "B," and both are incorporated by this reference.
SECTION II
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, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AT}ES)lr) . /:)"" '
~tL{f),.\.~~[ '- .J.~L(_(_4._
Rhonda Pellin, City Clerk
APPROVED:
/j
Thomas W. Springer,
IJH\604777.1
01-101403-04706002
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Ordinance No. 2003-20
EXHIBIT A
((itpo( <!@ilrop
ZONING ORDINANCE
Community Development Department
Planning Division
7351 Rosanna Street
Gilroy, CA 95020
(408) 846-0440
eft!' of cf9ilro!,
ZONING ORDINANCE
AMENDMENTS BY CITY COUNCIL
Through November 3,2003
Date Ordinance No. Description
11-21-94 94-20 Text: Update to Section 50.62
[Relating to exemptions from RDO process]
6-5-95 95-10 Text: Update Section 50.62 (b)(3), 50.66(d),
& 50.67 [Relating to RDO process]
11-20-95 95-18 Text: Add Section 46 - Density Bonus
Ordinance
1-22-96 96-1 Text: Update to Section 50.67
[Relating to RDO Performance Agreement]
7-3-96 96-11 Text: Update to Sections 18.30, 19,30,22.30,
31.21,31.51 and addition of Section 37.90
7-3-96 96-12 Text: Update to Section 50.62(b)(3)(4)
[Relating to Affordable Housing projects]
11-18-96 96-19 Text: Update to Sections 18.30,46.67 & 50.41
12-2-96 96-20 Text: Update to Section 50.62(b)(I)
[Relating to deletion of prior restriction]
3-3-97 97-5 Text: Update to Section 18.30
[Relating to CUP required for Temporary Auto Sales]
3-17-97 97-6 Text: Update to Section 50.62(3)(4)
[Relating to requiring public hearings on Affordable
Housing Exemption applications]
2-17-98 98-2 Text: Update to Section 18.30
[Relating to allowing more than one residential unit in CI
and C2 districts]
7-28-98 98-13 Text: Update to Sections 10.30, 18.30,22.30
and 39.30 [Relating to operation of schools - Residential Use
Table and Commercial Use Table; Mini-Storage operation-
Industrial Use Table; and Accessory Structures]
Text: Added Section 42
9-8-98 98-18 [Recreational Vehicle Park Regulations]
2000-1 Text: Update to Section 37
1-3-00 [Relating to signage for Regional Serving Commercial]
2000-3 Text: Update to Section 18.30,34 and 35
2-7-00 [Relating to allowed uses in Commercial districts, Fences,
and AntennalWindmills]
Text: Added Sections 43 and 44 [Street
8-6-01 2001-10 Merchandise and Street Furniture Objects]
Update Section 20.34 [Sidewalk Obstructions)
2001-12 Text: Update to Section 50.60 [Relating to
9-4-01 Residential Development)
Update Section 2.20 [Definitions]
1-22-02 2002-02 Text: Update to Section 50.23
[Reasonable Accommodation]
2002-6 Text: Update to Section 50.63 (c)
2-19-02 [Relating to Annual Numerical Limits - Special Exceptions)
6-16-02 2002-11 Text: Update to Section 50.62
[Relating to Transitional Housing]
10-7-02 2002-20 (Emergency) Text: Update to Section 28
10-21-02 2002-24 (FinaIOrd.) (Relating to Adult Businesses)
10-20-2003 2003-17 Text: Update to Section 22
(Ancillary Retail)
COMPLETE REVISION
11-3-2003 2003-20
I:\ZONlNGIZTABLE.WPD
11
ZONING ORDINANCE
CITY OF GILROY, CALIFORNIA
ADOPTED AUGUST 15, 1983
AMENDED MARCH 22, 1984
AMENDED OCTOBER 31,1984
AMENDED JANUARY 2, 1985
AMENDED OCTOBER 30, 1985
AMENDED APRIL 16, 1986
AMENDED MAY 21, 1986
AMENDED APRIL 5,1987
AMENDED DECEMBER 7,1987
AMENDED OCTOBER 19, 1988
AMENDED OCTOBER 19, 1988
AMENDED JULY 19, 1989
AMENDED SEPTEMBER 6, 1989
AMENDED JUNE 20, 1990
AMENDED AUGUST I, 1990
AMENDED AUGUST 1, 1990
AMENDED SEPTEMBER 5, 1990
AMENDED SEPTEMBER 19,1990
AMENDED MARCH 2, 1992
AMENDED DECEMBER 21, 1992
AMENDED JANUARY 4, 1993
AMENDED MARCH 15, 1994
AMENDED JULY 18,1994
AMENDED NOVEMBER 21, 1994
AMENDED JUNE 5,1995
AMENDED NOVEMBER 20, 1995
AMENDED JANUARY 22, 1996
AMENDED JULY 3, 1996
AMENDED JULY 3, 1996
AMENDED NOVEMBER 18, 1996
AMENDED DECEMBER 2, 1996
AMENDED MARCH 3, 1997
AMENDED MARCH 17, 1997
AMENDED FEBRUARY, 17, 1998
AMENDED JULY, 28, 1998
AMENDED SEPTEMBER 8, 1998
AMENDED JANUARY 3, 2000
AMENDED FEBRUARY 7, 2000
AMENDED AUGUST 6, 2001
AMENDED SEPTEMBER 4, 2001
AMENDED JANUARY 22, 2002
(Ordinance No. 83-15)
( Ordinance No. 84-4)
(Ordinance No. 84-21)
(Ordinance No. 84-24)
(Ordinance No. 85-16)
(Ordinance No. 86-6)
(Ordinance No. 86-7)
(Ordinance No. 87-5)
(Ordinance No. 87-18)
(Ordinance No. 88-15)
(Ordinance No. 88-16)
(Ordinance No. 89-11)
(Ordinance No. 89-13)
(Ordinance No. 90-10)
(Ordinance No. 90-15)
(Ordinance No. 90-16)
(Ordinance No. 90-18)
(Ordinance No. 90-21)
(Ordinance No. 92-1)
(Ordinance No. 92-21)
(Ordinance No. 93-1)
(Ordinance No. 93-7)
(Ordinance No. 94-11)
(Ordinance No. 94-20)
(Ordinance No. 95-10)
(Ordinance No. 95-18)
(Ordinance No. 96-1)
(Ordinance No. 96-11)
(Ordinance No. 96-12)
(Ordinance No. 96-19)
(Ordinance No. 96-20)
(Ordinance No. 97-5)
( Ordinance No. 97-6)
(Ordinance No. 98-2)
(Ordinance No. 98-13)
(Ordinance No. 98-18)
(Ordinance No. 00-01)
(Ordinance No. 00-03)
(Ordinance No. 01-10)
(Ordinance No. 01-12)
(Ordinance No. 02-02)
ill
ZONING ORDINANCE AMENDMENTS (Continued)
AMENDED FEBRUARY 19,2002
AMENDED JUNE 16,2002
AMENDED OCTOBER 7,2002
AMENDED OCTOBER 21, 2002
AMENDED NOVEMBER 3, 2003
(Ordinance No. 02-06)
(Ordinance No. 02-11)
(Ordinance No. 02-20)
(Ordinance No. 02-24)
(Ordinance No. 03-20)
IV
An Ordinance of the City of Gilroy establishing certain districts within which the classes of buildings
and structures and the uses thereof are limited, and in which certain yards and other open spaces are
required and certain regulations are applied; defining the terms and uses herein; providing for the
granting of adjustments in the application in any of the provisions hereof; prescribing penalties and
remedies for any violations of the provision hereof; and repealing Ordinances and parts of Ordinances
in conflict herewith.
v
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'"
ZONING ORDINANCE
City of Gilroy
A
.
TABLE OF CONTENTS
PART ONE
ZONING DISTRICTS
SECTION#
I INTRODUCTION
2 DEFINITIONS
3 DESIGNATION AND ESTABLISHMENT OF ZONING DISTRICTS
4 Al/RR AGRICULTURE & RURAL RESIDENTIAL
5 Rl SINGLE FAMILY RESIDENTIAL
6 R2 TWO F AMIL Y RESIDENTIAL
7 R3 MEDIUM DENSITY RESIDENTIAL
8 R4 HIGH DENSITY RESIDENTIAL
9 RH RESIDENTIAL HILLSIDE
10 RESERVED - NEIGHBORHOOD DISTRICT
11 RESIDENTIAL TABLES
12 PO PROFESSIONAL OFFICE
13 Cl NEIGHBORHOOD COMMERCIAL
14 C2 CENTRAL COMMERCIAL
15 C3 SHOPPING CENTER COMMERCIAL
16 HC HIGHWAY COMMERCIAL
17 CM COMMERCIAL INDUSTRIAL
18 RESERVED - DOWNTOWN DISTRICT
19 COMMERCIAL TABLES
20 MI LIMITED INDUSTRIAL
21 M2 GENERAL INDUSTRIAL
22 CI CAMPUS INDUSTRIAL
23 INDUSTRIAL TABLES
24 OS OPEN SPACE
25 PF P ARK/PUBLIC FACILITIES
26 PUD PLANNED UNIT DEVELOPMENT (COMBINING DISTRICT)
27 HS AND HN HISTORIC SITE AND NEIGHBORHOOD COMBINING
DISTRICTS
28 ADULT BUSINESSES
29-30 (RESERVED FOR FUTURE DISTRICTS)
VI
PART TWO
ADDITIONAL REGULATIONS
SECTION #
31 OFF-STREET PARKING
32 YARDS
33 TRAILERS & RECREATIONAL VEHICLES
34 FENCES AND OBSTRUCTIONS
35 ANTENNAS AND WINDMILLS
36 SWIMMING POOLS
37 SIGNS
38 LANDSCAPING AND STREET TREES
39 ACCESSORY BUILDINGS
40 HOME OCCUPATIONS
41 PERFORMANCE STANDARDS
42 RECREATIONAL VEHICLE PARK REGULATIONS
43 STREET MERCHANDISING
44 STREET FURNITURE OBJECTS
PART THREE
STANDARD REGULATIONS AND PROCEDURES
SECTION #
45 GENERAL REGULATIONS
46 EXCEPTIONS
47 TEMPORARY USES
48 NON-CONFORMING USES
49 POWERS OF THE PLANNING COMMISSION
50 PLANNING DEPARTMENT APPLICATIONS
51 APPLICATION REVIEW PROCEDURES
52 AMENDMENT OF ZONING ORDINANCE
53 ENFORCEMENT OF ZONING ORDINANCE
54 ADOPTION OF ZONING ORDINANCE
INDEX
Vll
.LONING ORDINANCE
SECTION 1
INTRODUCTION
'-
Section 1.10 Statement ofIntent
The intent of this Ordinance is to promote and protect the public health, safety, peace,
comfort, convenience and general welfare. It is adopted for the following more particular
purposes:
(a) to assist in providing a definite comprehensive plan for sound and orderly
development, and to guide and regulate each development in accordance with the
General Plan and the objectives and standards set forth therein;
(b) to protect and improve the established character and the social and economic stability
of agricultural, residential, commercial, industrial and other areas of Gilroy;
(c) to provide light, air, privacy and convenience of access to property; and to promote
safety from fire and other dangers;
(d) to prevent overcrowding of land and undue congestion of population;
(e) to regulate the location of buildings and the use of buildings and land so as to prevent
undue interference with existing or prospective traffic movements on public
thoroughfares;
(f) to pre-zone unincorporated territory adjoining the City for the purpose of determining
the zoning that shall apply to such property in the event of subsequent annexation to
the City.
Section 1.20 Short Title
This Ordinance shall be known and referred to as the "Gilroy Zoning Ordinance."
Section 1.30 Application of the Zoning Ordinance
The Gilroy Zoning Ordinance is intended to apply to all lands, buildings and structures,
regardless of ownership, within the incorporated area of the city of Gilroy.
Section 1.40 Relationship of the Zoning Ordinance and the General Plan
Section 1.41
The General Plan is a comprehensive, long-range, general policy statement for the
entire community. The General Plan designates appropriate locations and densities
for residential, commercial, industrial, agricultural, public, and open space uses. In
comparison, the Zoning Ordinance is a specific statement of permissible uses of land
by zoning district designed to control the use, type, bulk, height, space and location of
1-1
buildings and lanu. The Zoning Ordinance is the primary u..:..>l by which the City
implements the policies of the General Plan. The Zoning Ordinance is intended to be
applied to the City based on land use designations established in the General Plan.
Section 1.42
The Zoning Ordinance shall be consistent with the General Plan of the City of Gilroy.
Where inconsistencies do exist, the Zoning Ordinance shall control the use and
development of such land until such time as the City Council revises the Zoning
Ordinance to achieve consistency.
Section 1.50
The City Council shall from time to time establish, by resolution, a schedule of fees for
requests for any amendment or procedure pertaining to this Ordinance. No action shall be
taken on any application until all applicable fees have been paid in full. Fees collected for
applications shall not be refunded unless the Planning Director determines that the application
is unnecessary, invalid, or inappropriate.
1-2
ZONING ORDINANCE
SECTION 2
DEFINmONS
\.
Section 2.1 0 Word Construction
Words used in the present tense include the future; words in the masculine include the
feminine; words in the singular number include the plural; and words in the plural number
include the singular. The word "building" includes the word "structure;" and the word "shall"
is mandatory and not directory. The term "City Council" shall mean the City Council of the
City of Gilroy, California; the term "Planning Commission" shall mean the Planning
Commission of the City of Gilroy, California, and the word "City" shall mean the incorporated
area of the City of Gilroy.
Section 2.20 Definitions
For the purpose of this Ordinance certain terms used herein are defined as follows:
Abandoned sign
A sign located on a parcel ofland or on a structure either of which is vacant for a period of
ninety (90) days, a sign pertaining to a past occupant or business different from the present
occupant of or business on the premises, a sign pertaining to a past event or any sign
abandoned as the term is used in the law of California.
Abutting
Land having a common property line or district boundary line or separated only by a private
street, alley or easement.
Accessory Building ( or structure)
A detached building, which is subordinate in area, extent or purpose to that of the main building
on the same lot.
Accessory Dwelling Unit
A second unit on a parcel occupied by a single-family residential use, equipped with kitchen
facilities, and designed for use in conjunction with the main building (residence).
Ancillary Use
A use which is:
1. Subordinate to and serves a principal use;
2. Subordinate in area, extent or purpose to the principal use;
3. Part of a single business for commercial and industrial uses;
4. Contributing to the comfort, convenience or necessity of occupants of the principal
use; and
5. Located on the same lot as the principal use.
2-1
Advertising
Any announcement, description or presentation calling public attention to goods or services
offered for sale.
Agency
An office or commercial establishment in which goods, material or equipment is received for
servicing, treatment or processing elsewhere.
Agent of Owner
A person who can show written proof of authorization to act for a property owner.
Agriculture
Farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture and animal or
poultry husbandry, but not including the commercial feeding or garbage or offal to swine or
other animals.
Alley
A public access driveway or lane not exceeding thirty (30) feet in width which provides only a
secondary means of access to abutting property.
Animal Hospital
A facility providing medical care for small and/or large animals which includes boarding the
animals two (2) or more days.
Animal Husbandry
The care and breeding of domestic farm animals such as cattle, hogs, sheep, and horses.
Antenna
A "conductor" erected for the transmission and/or reception of radio, television or other
electromagnetic microwave signals.
Apartment House
Any building or portion thereof which is designed and built for rental occupancy by three (3)
or more families.
Arcade
Arcade means any public place of amusement or public place of business in which five (5) or
more mechanical amusement devices are installed, and includes any place open to the public,
whether or not the primary use of the premises is devoted to the operation of such amusement
devices.
Attached Sign
A sign which is affixed to and made an integral part of a building or structure. Attached signs
include wall signs, roof signs, and projecting signs, to distinguish them from freestanding and
monument signs.
2-2
Average Slope
The mean slope in the elevation of an area ofland, determined by the formula:
S=
.00229 I L
A
where
=
Average percentage slope
Contour interval in feet
Summation of individual contour lengths in scale feet
Gross area of property in acres
S
I
L
A
=
=
Awning
A shelter, projecting over a property, supported entirely from the exterior wall ofa building
and composed of a collapsible frame covered completely with non-rigid material.
Banner
A temporary advertising display consisting of fabric, canvas, plastic or paper material, which is
attached to a building.
Basement
A usable space within a building, partly or wholly underground, and having more than one-
half (2) of its height, measured from its floor to its finished ceiling below the average adjoining
grade. (See also Story.)
Bed and Breakfast Establishment
A residential structure, used as a lodging establishment in which the manager is an occupant in the
structure and receives compensation in exchange for providing overnight sleeping
accommodations which contain no cooking facilities, on a less than weekly basis, and in which
breakfast is included as part of the basic compensation.
Billboard
A sign, other than a directional sign, which directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a place other than on the parcel where the sign
is erected. Included are signs erected upon benches.
Block
The area consisting of all property abutting one side of a street, between intersecting and
intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end
street, City boundary or undivided acreage.
Boarding House
A building or portion thereof, other than a hotel, where lodging and regular meals for three
(3) or more persons are provided for compensation or profit.
2-3
Building
A structure having a roof supported by columns and/or walls and intended for the housing or
shelter of any persons, animals or chattel.
Building Coverage
The land area covered by all of the main and accessory buildings on a lot, including all
projections except eaves, and including enclosed drive-up areas, patios and porches, measured
from the support posts.
Building Height
The vertical distance measured from the average finished soil grade at the base of any exterior
wall to the highest point of the roof, ridge, or parapet wall.
Building Site
The land area of a lot which may be occupied by the permitted main building.
Build-out Schedule
The maximum number of dwelling units assigned to each residential development project for
which building permits may be issued each calendar year. The total ofall assigned build-out
schedules, for each year, shall not exceed the Numerical Limit set by City Council resolution
for that calendar year.
Bulletin Board
A sign located on the same premises and used solely in connection with activities of a church,
school, hospital, or public building, and allowing changeable messages.
Business
A commercial entity operating in the City of Gilroy with an approved Business License.
Business Frontage
The portion of a building which faces and has access to a street, parking lot, pedestrian mall,
or walkway. The primary business frontage is one which contains a customer entrance or
which includes a glass-enclosed showroom. Ifa building has more than one (1) business
frontage with a customer entrance, the property owner must designate one (1) of them as the
primary business frontage. Unless otherwise stated, the phrase "business frontage" means
"primary business frontage". All other business frontage is secondary frontage.
Card Rooms
An establishment where legal gambling is conducted and regulated pursuant to City of Gilroy
ordinances.
Caretaker's Ouarters (or Residence)
A non-rental residential unit built as part of a commercial or industrial use for the sole purpose
of providing shelter for an employee, caretaker, or security personnel for the commercial or
industrial use.
2-4
Carport
A shelter for one (1) or more automobiles which is not enclosed on at least two (2) sides by
walls and doors.
City Council
The elected City Council of the City of Gilroy.
Clustering
The practice of grouping residential units within a close proximity, and utilizing the surplus
land thus saved for common open space, landscaping, recreations, etc.
Combining District
A zoning district within which certain regulations and requirements apply in addition to, and in
combination with, regulations and requirements of the base zoning district.
Common Open Space
The area generally used for landscaping and/or recreation which is held injoint ownership by
all of the owners of a condominium development and which is jointly maintained by the
owners.
Competitive Evaluation
The process of comparing the Project Rating Scale point rating of projects in order to
determine priority in receiving yearly allocation of dwelling units.
Condominium
A distinct unit, under separate ownership, which is a portion of a multiple-unit, building or
development in which such ownership includes an interest in common areas. Condominium
units may have one (1) or more common walls with other units.
Conservation Land
Land which possesses or encompasses natural resources. This includes, but is not limited to,
streams, watersheds, groundwater recharge, soils, wildlife habitat as defined herein, special
land forms and natural vegetation.
Construction Sign
A sign located on a construction site during the course of construction, which identifies the
architects, engineer, contractors, financiers or other persons and other individuals or firms
involved with the construction, or announcing the building, enterprise or function for which
the construction is intended.
Corner Lot
A lot bounded on two (2) or more contiguous sides by City streets.
2-5
Corner Triangle
A triangular-shaped area bounded by corner property lines and a line connecting those lines
from points thereon which lie twenty (20) feet from the intersection of the projected property
lines.
Corporate Office
An office complex designed as the headquarters of a commercial or industrial corporation.
Day Care Center
A facility in which the primary use is the provision of childcare services in accordance with the
regulations of the State of California.
Day Care Home
A resident-occupied dwelling in which twelve (12) or fewer children are cared for by a
State/County licensed day care provider.
Deck
A structure, usually of wood, build to extend the finished floor surface of a building into
outdoor areas.
Dish Antenna
An antenna which has a solid, mesh, or nearly-solid surface area greater than five (5) square
feet.
Double-Faced Sign
A sign designed to be viewed from two (2) directions and which at no point is thicker than
twenty-four (24) inches measured form the exterior surface of each face. The two (2) faces of
a double-faced sign are either parallel or the angle between them is thirty degrees (30E) or
less.
Drive-In
An enterprise or business activity or other use of land consisting of sales or service activity
rendered to patrons who normally receive the products or services while in automobiles upon
the premises, including, but not limited to, automobile service stations, drive-in restaurants
and drive-up banks.
Duplex
A building designed for and intended to be occupied as living quarters by two (2) families
living independently of each other.
Dwelling or Dwelling Unit
A building or mobile home designed for and/or occupied as a residence by one (I) or more
families.
Dwelling Group
A group or two (2) or more detached residential buildings occupying a parcel of land in one
(1) ownership.
2-6
Entity
A person or distinct business enterprise. Where adjacent business enterprises are owned or
operated by a single person, each enterprise is an entity.
Environmental Assessment
The process of determining the impact of proposed projects on the environment. The review
process is carried out in accordance with the California Environmental Quality Act and City
Guidelines.
Erect
To build, construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang,
affix or maintain a sign or other structure.
Family
One (1) or more persons, occupying premises and living together as a single housekeeping
unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority.
Family Day Care Home
A home that regularly provides care, protection, and supervision for 14 or fewer children, in the
provider's own home, for periods ofless than 24 hours per day, while the parents or guardians are
away.
Fascia
A flat horizontal band with a vertical face located on a building below the roofline.
Fence or (Wall)
Any structure made of wood, metal, masonry, shrubbery or other material forming a physical
barrier which supports no load other than its own weight and which is designed to delineate,
screen or enclose a field, yard, lot or other land area.
Fence Height
Fences in the front setback area:
The vertical distance from the top of the curb closest to the fence or wall to the top of the
fence or wall.
All other fences:
The difference in elevation of the ground surface continuously along the base of the ground
level of the higher side of the fence to the top of the fence. Where a fence is erected on top or
within three (3) feet of a retaining wall, the height of the fence shall include the retaining wall.
Freestanding Sign
A sign which is wholly or partly supported by a structural element which is not an integral part
of a building. Portable signs and signs on fences shall be considered freestanding signs.
2-7
Freeway
A limited access highway, as defined in the California Street and Highway Codes.
Front Lot Line
The property line along a lot's street frontage. If any official plan line has been established for
the street upon which the lot fronts, the official plan line shall be considered the front lot line.
For developed lots with more than one (1) street frontage, the street frontage towards which
the main building fronts shall be considered the front lot line, except if the main building was
clearly constructed under reverse conditions. If the lot is vacant, the shortest street frontage
shall be considered the front lot line.
Front Yard
The required setback area extending across the front of the lot between the side yard lines and
measured from the front lot line to the front setback line.
Garage - Residential
An attached or detached accessory building used for the storage of vehicles or trailers by the
families who reside upon the premises, including any covered parking space or carport.
Garage - Commercial
A building designed or used on a commercial basis for the temporary storage of operable
motor vehicles.
Gross Floor Area
The sum of all of the areas of all levels or stories of a structure as measured from the exterior
faces of the walls enclosing the structure.
Ground Sign
A freestanding sign less than five (5) feet high which can be either portable or permanently
fixed to the ground.
Hedge
Plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier. For the
purpose of this Ordinance, a hedge is a fence.
Home Occupation
A business activity conducted entirely within or from an enclosed dwelling.
Hotel
Any building, portion of a building, or group of buildings containing guest rooms which is
designed, used or intended for use for the accommodation of transients on a commercial basis.
Identification Sign
A sign which is limited to the name and address of a business, institution or person and to the
activity or product carried on in the business or institution or the occupation of the person.
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Interior Lot
Any lot other than a corner lot.
Junkyard
An area of one hundred (100) square feet or more, including wrecking yards, used for the
storage or dismantling of junk, scrap metals, materials salvaged from wrecked or demolished
buildings, automobiles, machinery or equipment.
Key Lot
The first lot to the rear of a corner lot, the front line of which is a continuation of the side line
ofthe corner lot, and fronting on the street which intersects or intercepts the street on which
the corner lot fronts.
Laundromat
A place where patrons wash, dry or dry-clean clothing or other fabrics in machines operated
by the patron.
Living Area
The interior habitable area of a dwelling unit, including basements and attics, and excluding
garages.
Lot
A parcel ofland under one (1) ownership used or capable of being used under the regulations
ofthis Ordinance, and including all required yards and other open spaces.
Lot Area
The computed area contained within the lot lines of a parcel as recorded under a Record of
Survey Map, approved as provided in the Subdivision Map Act, except that the access strip of
a flag lot shall be excluded in the computation of required lot area.
Lot Coverage
That portion of a lot covered by all main and accessory buildings on the lot.
Lot Depth
The average distance from the front lot line to the rear lot line.
Main Building
.
The largest building on a lot in which the principal land use of the lot takes place.
Manufactured Housing
Housing which was structurally assembled in a remote location and transported to its eventual
site.
Marquee
A temporary or permanent roofed structure usually projecting above an outer door and
attached to or supported by a building, which is designed for use as a readerboard sign.
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Master Plan
A project located within the City of Gilroy, submitted under a Planned Unit Development
(PUD) process, with completed CEQA (California Environmental Quality Act) analysis,
reviewed by the Planning Commission review and adopted by the City Council.
Mechanical Amusement Device
Any machine, device, apparatus or other instrument (including, but not limited to, electronic
games, marble games and pinball games) the operation of which is permitted, by the payment
of any fee or fees for its use, and the use or possession of which is not prohibited by any laws
ofthe State of California.
Mobile Home
A type of manufactured housing, designed or used for residential occupancy, built upon or
having a frame or chassis to which wheels may be attached by which it may be transported,
whether or not such structure actually has, at any given time, such wheels attached. Mobile
homes do not include recreational vehicles, trailers, or commercial coaches.
Monument Sign
A low-profile, freestanding sign seven (7) feet or less in height.
Motel
A building or group of buildings on the same lot, containing guest rooms, used or designed for
use for the accommodation of transients on a commercial basis, which are independently
accessible from the outside. The term includes any building or building groups designated as
an auto court, motor lodge, or tourist court.
Motor Home
A self-powered vehicle designed, equipped or used as a dwelling or for living or for sleeping
purposes.
Multi-Faced Sign
A multi-faced sign is a sign, including advertising statuary, which has four (4) or more faces
and which is designed to be viewed from more than two (2) directions.
Multiple Family Building
A building or structure designed and intended to be occupied as living quarters by three (3) or
more families, living independently of each other.
Neighborhood Recreational Facility
A land use designed to provide recreational, aesthetic, ornamental, horticultural (e.g.
community gardens) or childcare services to local residents at a neighborhood scale.
Non-Conforming Building
A building or structure or portion thereoflawfully existing on the effective date of this
Ordinance, which does not conform to the property development standards of this Ordinance
for the zoning district in which it is located.
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Non-Conforming Lot
A lot existing on the effective date of this Ordinance or amendment to this Ordinance, that
does not conform to the lot requirements of this Ordinance.
Non-Conforming Sign
A sign which was lawfully erected but does not comply with this Ordinance due to annexation
of the property to the City, or amendment to the Zoning Ordinance or Map by a person other
than the owner of the real property on which the sign is erected. Does not include signs which
were lawfully erected but which do not comply with this Ordinance due to division of real
property on which the sign is erected, alterations to any building on the parcel where the sign
is located, or rezoning by the owner of the real property where the sign is located.
Non-Conforming Uses
A utilization or occupancy of any site lawfully utilized or occupied on the effective date of this
Ordinance or amendment to this Ordinance, which is not a permitted use for the district in
which it is located, according to this Ordinance.
Numerical Limit
The total number of dwelling units for residential development projects not exempted by
Section 50.62(b) for which building permits may be issued within the City during a given
calendar year. The Numerical Limit is set by resolution of the City Council.
Off-Site Sign
A sign, such as a billboard, which is not located on the same parcel ofland as the entity or
product it advertises.
Open Space
Any parcel or area ofland essentially unimproved or in its natural state and which is
designated in the General Plan for and devoted to an open space use including, but not limited
to, public recreation, enjoyment of scenic beauty, conservation or use of natural resources,
production of food or fiber, protection ofman and his artifacts, buildings or property because
of environmentally hazardous areas, containment and structuring of urban development, and
preservation of historical sites.
Park
See Public Park.
Parking Lot
An area ofland, a yard, or other space on a lot legally used for and designed for access and
parking by standard motor vehicles.
Parking Space
Land or space which is owned, paved, laid out for, and used or designed to be used for a
standing vehicle.
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Person
"Person" shall mean any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county,
city and county, municipality, district, joint powers authority or other political subdivision, or
any other group or combination acting as a unit.
Planning Commission
The Planning Commission of the City of Gilroy.
Planning Manager
The person employed by the City as Head of the Planning Division of the City of Gilroy. The
Planning Manager also serves as Zoning Administrator and Secretary of the Planning
Commission.
Political Sign
A sign which is intended to influence the vote for the passage or defeat of a measure, or
nomination, election or defeat of a candidate in any governmental election.
Portable Sign
A sign which is movable, not structurally attached to the ground, nor attached to a building.
Such sign mayor may not be in the configuration of an "A".
Project Rating Scale
A measuring device, composed of a number of general and specific rating criteria relating to
project design, location, and other characteristics, used for assigning point ratings to proposed
residential projects.
Projecting Sign
A sign erected on the wall of a building or structure, or suspended from an overhang, with
display surfaces generally not parallel to the wall.
Public Park
A park, playground, swimming pool, or athletic field within the City of Gilroy which is under
the control, operation, or management of the City or County Parks and Recreation
Department or the Gilroy Unified School District.
Readerboard Sign
A sign which is designed for manual or electrical changing of copy.
Realty Sign
A sign of a temporary nature which pertains to the sale, lease, rental, or display of existing lots
or buildings or other facilities.
Rear Yard
The required setback area extending across the full width of the lot and measured between the
rear lot line and the rear setback line.
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Recreational Vehicle
A vehicular unit not exceeding forty (40) feet in overall length, eight (8) feet in width, or
twelve (12) feet in overall height, primarily designed as temporary living quarters for
recreational, camping or travel use. Such a vehicle either has its own motive power or is
designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes
motor homes, truck campers over seven (7) feet in height, travel trailers and camping trailers,
but not vans or trucks with campers less than seven (7) feet in height.
Religious Institution
A building which is used primarily for religious worship and/or related religious activities.
Residential Care Home
A resident-occupied dwelling, licensed by the State/County; in which children and/or adults
are cared for on a full-time, live-in basis.
Residential Proiect
A development project which will result in the construction of new dwelling units in the City.
Residential projects include single family, multiple family, mobile home and condominium
dwelling units. Such projects mayor may not involve the subdivision ofland.
Retaining Wall
A wall designed to contain soil on one side of the wall which is at a higher elevation than that
on the other side ofthe wall.
Ridgeline
The highest point along the crest of a hillside from which the contours descend in at least two
(2) directions.
Roof Sign
An attached sign erected on a roof or projecting above the eave or rake of a building or
coping of a parapet. A sign erected on top of a canopy, covered passageway, awning or
marquee shall be considered a roof sign.
Scenic Land
Any area of land or water with natural scenery considered to have beauty as designated in the
General Plan.
School
An institution of learning for minors, whether public or private, which satisfies compulsory
education laws of the State of California and/or offers instruction in those courses of study
required by the California Education Code or which is maintained pursuant to standards set by
the State Board of Education. This definition includes a kindergarten, elementary school,
junior high school, senior high school, or a special institution oflearning under the jurisdiction
of the State Department of Education, but it does not include a vocational or professional
institution or an institution of higher education, including a community or junior college,
college or university.
2-13
Setback Line
A line established by this Ordinance to govern the placement of a building or a structure with
respect to its lot boundary lines.
Side Yard
The required side setback area between the side lot line and the side setback line, and
extending from the front lot line to the rear lot line.
Sign
Any writing, pictorial, representative, symbol, registered trademark, flag (other than the
United States or California flags) or any similar figure used to identifY, announce, direct
attention, or advertise or communicate, together with any material or color forming an
integral part of the display or used to differentiate the sign from the background, which is
located on private or public property and is visible from outside a building. Includes all parts,
portions, units and materials, together with frames, delineated background, structure, support
or anchorage for same, which is temporarily or permanently placed, erected, constructed,
posted, painted, tacked, nailed, glued, carved, hung, strung or otherwise fastened or affixed to
the ground or to any post, fence, building structure, wall, roof or tree.
Sign Area
The entire area within a single continuous perimeter of not more than eight (8) straight lines
forming right angles enclosing the extreme limits of writing, representation, emblem, or any
figure of similar character, together with any material or color forming an integral part of the
display, or used to differentiate such sign from the background against which it is placed, The
supports, uprights or structure on which any such sign is supported shall not be included in
determining the sign area unless such supports, uprights or structure are or is designed in such
a manner as to form an integral background of the display. In computing maximum
permissible sign area, all signs designed or likely to be seen from off the premises upon which
the signs are located or proposed to be located shall be included in determining conformance
with this Ordinance. For three (3) dimensional signs, the sign area of one side, and the sign
area of the side perpendicular to the first side, are calculated in the manner prescribed above,
and combined to become the total sign area.
Sign Height
The vertical distance from the soil level of the surrounding area to the highest point of the sign
or any vertical projection.
Sign Value
Valuation of a particular sign as stated on the Sign Permit Application. If this information is
not available, or if evidence satisfactory to the Planning Director demonstrates that the stated
value is erroneous, then the valuation of that sign shall be arrived at by the Planning Director
who shall consider the evidence submitted and compare the particular sign with one (1) or
more existing signs in the City of similar age and construction.
2-14
Single Family Dwelling
A building or portion ofa building designed for occupancy by one (1) family constituting a
single housekeeping unit having only one (1) kitchen, but not including a boarding house,
motel or hotel.
Slope-Density
A system under which residential densities are determined by a formula based on the average
slope of the contours of the area. (See Average Slope.)
Solar Energy System
Any structural design feature, solar collector or other energy device, the primary function of
which is to provide for the collection, storage or distribution of solar energy.
Sound Wall Fence
A wall fence, constructed of materials such as concrete block, brick, stone, concrete, steel or
stucco, designed to reduce the level of nearby sounds.
Specific Plan
A project implementing the City of Gilroy's General Plan for all or part of an area covered by
the General Plan, processed pursuant to the State laws governing specific plans which are set
forth in California Government Code section 65450 et seq., reviewed by the Planning
Commission review and adopted by the City Council.
Story
That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion ofa
building included between the upper surface of the topmost floor and the roof thereof. For
any finished floor level which is more than six (6) feet above grade for more than fifty percent
(50%) of the total perimeter or is more than twelve (12) feet above grade at any point, the
space directly below shall be considered a story.
Street
A public or permanent private right-of-way, thirty (30) feet or more in width, which affords a
primary means of access to property.
Street Frontage
The length of a site along or fronting on a street or other principal thoroughfare but not
including such length along an alley, watercourse, railroad right-of-way or limited access
roadway or freeway.
Structural Alteration
Any change in the supporting members of a building, such as bearing walls, columns, beams,
girders, floor joists, ceiling joists or roof rafters.
2-15
Structure
Anything constructed or erected upon the ground or attached to such construction having
location on the ground, but excluding swimming pools and uncovered paved areas such as
patios and parking lots.
Temporary Business Establishment
An activity involving the sale or display of merchandise in the open, in a vehicle, or in a
temporary building or structure, or for a limited time in a permanent building or structure.
Temporary Sign
A sign, usually constructed of light materials, displayed for thirty (30) days or less.
Townhouse
A condominium dwelling unit which is the sole dwelling unit on a separate parcel ofland, with
no dwelling units above or below it.
Trailer
A vehicle without motive power not exceeding forty (40) feet in overall length, eight (8) feet
in width, or twelve (12) feet in overall height, including a boat mounted on a trailer, designed
so that it can be drawn by a motor vehicle, to be used for the carrying of boats, persons, cargo
or animals.
Triple-Faced Sign
A three (3) sided sign designed to be viewed from more than two (2) directions, and which
forms a triangular shape.
Truck Stop
A facility used for the fueling and short-term parking of tractor-trailer transport vehicles. Truck
stops may include related fueling facilities, weigh stations, traffic routing offices, temporary truck
storage areas, restaurants, wash racks, minor repair facilities and related business offices and
motels.
Use
The purpose for which land or a building is occupied or maintained, let or leased.
Veterinarian Office
An office providing medical care for small animals where the animal holding facilities are
totally enclosed and the animals are boarded overnight only.
Vocational School
A commercial land use that involves the instruction to students of special skills, knowledge, or
techniques that are generally related to furthering a specific vocation or professional occupation.
Vocational schools would include trade schools, business schools, cosmetology schools and
schools for self-improvement.
2-16
Wall Sign
A sign erected on a wall of fascia of a building or structure (other than a structure whose main
purpose is to support a sign), the face of which is parallel to the wall or fascia and all of which
is below the coping of the parapet, the top ofthe fascia, the eave line or below the top of the
wall on which it is mounted. A sign which meets the definition ofthis Section, but is erected
between posts, pillars, or columns which support a roof or second story, rather than on a wall,
is also a wall sign.
Wildlife Habitat
Any area ofland or water valuable or necessary for the preservation or enhancement of
wildlife resources.
Window Sign
A sign which is displayed in or through a window, and is visible from a street, walkway,
parking lot, or pedestrian plaza, any of which is accessible to the public.
Wire Mesh Fencing
Fence material which derives its strength from metal strands crossing in a regular pattern,
including, but not limited to, those materials known as chain link or chicken wire, but does not
include ornamental wrought iron fencing.
Zoning Administrator
See Planning Manager.
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City of Gilroy
e
L..ONING ORDINANCE
SECTION 3
DE SIGNA TION AND ESTABLISHMENT OF ZONING DISTRICTS
~
Section 3.10 Designation of Zoning Districts
The classes of zoning districts into which the City may be divided are hereby established, and
designated as follows:
Al AGRICULTURE DISTRICT
RR RURAL RESIDENTIAL DISTRICT
Rl SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO F AMIL Y RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
RH RESIDENTIAL HILLSIDE DISTRICT
PO PROFESSIONAL OFFICE DISTRICT
Cl NEIGHBORHOOD COMMERCIAL DISTRICT
C2 CENTRAL COMMERCIAL DISTRICT
C3 SHOPPING CENTER COMMERCIAL DISTRICT
HC HIGHWAY COMMERCIAL DISTRICT
CI CAMPUS INDUSTRIAL DISTRICT
CM COMMERCIAL INDUSTRIAL DISTRICT
Ml LIMITED INDUSTRIAL DISTRICT
M2 GENERAL INDUSTRIAL DISTRICT
OS OPEN SPACE DISTRICT
PF P ARKIPUBLIC FACILITIES DISTRICT
Section 3.20 Designation of Combining Districts
In addition to the foregoing zoning district, certain combining districts are established which,
when combined with one of the foregoing zoning district, modifies the basic development
requirements in such district. The combining districts are as follows:
PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT
HS HISTORIC SITE COMBINING DISTRICT
HN HISTORIC NEIGHBORHOOD COMBINING DISTRICT
Section 3.30 Establishment of Districts
The classes of zoning districts and combining districts as designated in this Ordinance and the
regulations pertaining thereto are hereby applied to the land areas ofthe City as delineated on
the Zoning Map of the City of Gilroy and the lands so designated shall be subject to the
regulations of this Ordinance.
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Section 3.40 Zoning Map
The official zoning map of the City, which delineates the above-described zoning and
combining districts, is declared a part of this Ordinance and shall constitute the official
description of the location of each district in the City.
Section 3.50 Determination of Zone Boundaries
Where uncertainty exists as to the boundaries of any of the zoning districts as shown on the
Zoning Map, the following rules of interpretation shall apply:
(a) Lands not included within the boundaries of any district shall be designated Al
districts.
(b) Residential lands hereafter annexed to the City shall be designated At(Agriculture)
districts and all other lands shall be designated OS (Open Space) districts, unless
otherwise classified through pre-zoning at the time of annexation.
(c) Where boundary lines are indicated as following streets and alleys, they shall be
construed as following the center lines thereof.
(d) Where district boundaries are indicated by approximately following lot lines, such lines
shall be construed to be such boundaries.
(e) Where a district boundary divides a lot, the location of such boundary shall be
determined by use of the scale appearing on the Zoning Map, unless the boundary is
indicated by dimensions.
(f) A symbol indicating the classification of the property on the Zoning Map shall in such
instance apply to the whole of the area within the district boundaries.
(g) Where a public street, alley or parcel of public land is officially vacated or abandoned,
the regulations applicable to abutting property shall apply equally to such vacated or
abandoned street or alley, unless specifically zoned otherwise.
(h) In case of further uncertainty, the Planning Commission shall determine the specific
location of such boundaries.
3-2
,ONING ORDINANCE
SECTION 4
Al AGRICULTURAL & RR RURAL RESIDENTIAL DISTRICT
..J
SECTION 4.10
Al AGRICULTURE DISTRICT
Section 4.11 Statement ofIntent
This Section of the Zoning Ordinance is intended to provide for areas within the City, which
may be used for agricultural purposes. The lands in the Al AgriculturelDistrict are expected
to be urbanized ultimately in accordance with the General Plan. At present, however, these
lands provide areas for agricultural activities. The minimum lot size is intended to preserve
lots in sizes suitable for agricultural use and potential urban development. The following
regulations, except to the extent that they may be modified by a combining district, shall apply
to every lot and building in an Al Agriculture District.
Section 4.12 Permitted Uses and Conditional Uses
Land in the Al Agriculture District may be used as provided in the Residential Use Table,
Section 11.10 of this Ordinance. Conditional uses may be permitted with a conditional use
permit, which may be issued by the Planning Commission in accordance with the regulations
in Section 50.30 of this Ordinance.
Section 4.13 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the Al Agriculture District shall be
as established in the Residential Site and Building Requirement Table, Section 11.20 of this
Ordinance.
Section 4.14 Density
The maximum density in the Al Agriculture District shall be one (1) dwelling unit per lot.
(Accessory dwelling units may be allowed under the regulations prescribed in Section 11.13.)
This density limitation is intended to provide for an average density ofless than one (1) unit
per twenty (20) acres.
4-1
SECTION 4.20
RURAL RESIDENTIAL DISTRICT
Section 4.21 Statement ofIntent
This Section of the Zoning Ordinance is intended to provide for areas within the City, which
may be used for agricultural purposes. The lands in the RR Rural Residential District are
expected to be urbanized ultimately in accordance with the General Plan. At present,
however, these lands provide areas for part-time farming and the keeping of livestock. The
minimum lot size is intended to preserve lots in sizes suitable for agricultural use and potential
urban development. The following regulations, except to the extent that they may be modified
by a combining district, shall apply to every lot and building in an RR Rural Residential
District.
Section 4.22 Permitted Uses and Conditional Uses
Land in the RR Rural ResidentiatDistrict may be used as provided in the Residential Use
Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a conditional
use permit, which may be issued by the Planning Commission in accordance with the
regulations in Section 50.30 of this Ordinance.
Section 4.23 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the RR Rural Residential_District
shall be as established in the Residential Site and Building Requirement Table, Section 11.20
of this Ordinance.
Section 4.24 Density
The maximum density in the RR Rural ResidentiatDistrict shall be one (1) dwelling unit per
lot. (Accessory dwelling units may be allowed under the regulations prescribed in Section
11.13.) This density limitation is intended to provide for an average density of two and one-
half (2.5) acres.
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"
&.JONING ORDINANCE
City of Gilroy
e
Section 5.10 Statement ofIntent
This Section of the Zoning Ordinance is intended to provide for areas within the City, which
may be used for single family and very low density clustered housing. The average density is
intended to be between three (3) and seven and one-fourth (7 1/4) dwelling units per acre.
The following regulations, except to the extent that they may be modified by a combining
district, shall apply to every lot and building in an Rl Single Family Residential District.
Section 5.20 Permitted Uses and Conditional Uses
Land in the Rl Single Family Residential District may be used as provided in the Residential
Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 of this Ordinance.
Section 5.30 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the Rl Single Family Residential
District shall be as established in the Residential Site and Building Requirement Table, Section
11.20 ofthis Ordinance.
Section 5.40 Density
The maximum density in the Rl Single Family Residential District shall be one (1) single
family detached unit per lot. (Accessory dwelling units may be allowed under the regulations
prescribed in Section 11.13.)
Section 5.50 Site Design Requirements
Section 5.51
Single family dwelling units shall have at least three (3) of the following five (5) design
elements different from single family dwelling units on any adjacent lot on the same
street frontage:
(a) Floor plan.
(b) Front elevation.
(c) Roof design.
(d) Exterior materials.
( e) Reversed floor plan.
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City of Gilroy
8
LONING ORDINANCE
SECTION 6
R2 TWO FAMILY RESIDENTIAL DISTRICT
Section 6.10 Statement of Intent
This Section of the Zoning Ordinance is intended to be used primarily within the established
neighborhoods of the City to provide a mix of duplexes and single family dwellings. The
average density is intended to be between three (3) and nine (9) dwelling units per acre. It is
intended that this will provide for the replacement of severely deteriorated structures while
maintaining the low density residential character of the older neighborhoods. The following
regulations, except to the extent that they may be modified by a combining district, shall apply
to every lot and building in an R2 Two Family Residential District.
Section 6.20 Permitted Uses and Conditional Uses
Land in the R2 Two Family Residential District may be used as provided in the Residential
Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 ofthis Ordinance.
Section 6.30 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the R2 Two Family Residential
District shall be as established in the Residential Site and Building Requirement Table, Section
11.20 of this Ordinance.
Section 6.40 Density
The maximum density shall be one (1) dwelling unit per four thousand (4,000) square feet of
land to a maximum of two (2) units per lot; except for lots created prior to September 15,
1983, for which the maximum density shall be one (I) dwelling unit per three thousand five
hundred (3,500) square feet ofland to a maximum of two (2) units per lot.
Section 6.50 Site Design Requirements
Section 6.51
A detached single family dwelling unit or a duplex shall have at least three (3) of the
following five (5) design elements different from single family dwelling units and/or
duplexes on any adjacent lot on the same street frontage:
(a) Floor plan.
(b) Front elevation.
( c) Roof design.
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(d) Exterior uillterials.
( e) Reversed floor plan.
Section 6.52
The main entrance to each dwelling unit shall not face any alley, nor shall any main entrance
which faces a side lot line be within twelve (12) feet of such side lot line.
Section 6.53
Each parking area which provides parking for more than four (4) automobiles shall have
access from a street.
6-2
,
'"
LONING ORDINANCE
City of Gilroy
e
SECTION 7
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Section 7.10 Statement oflntent
This Section of the Zoning Ordinance is intended to provide areas within the City for living
environments which include primarily multi-family housing units, such as garden apartments
and condominiums. The unit size regulation based on lot size is intended to create an average
density between eight (8) and sixteen (16) dwelling units per net acre. Innovative residential
development is strongly encouraged in order to provide a wide variety of housing types and
costs to meet the needs of Gilroy's residents. The following regulations, except to the extent
that they may be modified by a combining district, shall apply to every lot and building in an
R3 Multiple Family Residential District.
Section 7.20 Permitted Uses and Conditional Uses
Land in the R3 Multiple Family Residential District may be used as provided in the Residential
Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 of this Ordinance.
Section 7.30 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the R3 Multiple Family Residential
District shall be as established in the Residential Site and Building Requirement Table, Section
11.20 of this Ordinance.
Section 7.40 Density
The number of dwelling units in a multiple dwelling or dwelling group shall not exceed the
number obtained by dividing the area of the building site by the following:
(a) Two thousand (2,000) square feet ofland for each one (1) bedroom unit.
(b) Two thousand seven hundred (2,700) square feet of land for each two (2) bedroom
unit.
(c) Three thousand four hundred (3,400) square feet ofland for each unit containing three
(3) or more bedrooms.
Section 7.50 Site Design Requirements
(a) If two (2) or more structures are constructed with less than six (6) feet clearance
between them, they shall be considered as one (1) structure for the purpose of this and
other ordinances of the City of Gilroy.
7-1
(b) Eighty percent (M)%) ofthe ground floor dwelling units DI d dwelling group shall have
a fenced private yard area of at least one hundred fifty (150) square feet.
(c) Multi- family development shall be designed in accordance with the adopted Multi-
Family Residential Design Policy.
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ZONING ORDINANCE
SECTION 8
R4 HIGH DENSITY RESIDENTIAL DISTRICT
~
Section 8.10 Statement ofIntent
This Section of the Ordinance is intended to be applied in areas of the City where group
dwellings and apartments, at an average density ranging between sixteen (16) and thirty (30)
dwelling units per net acre, are the logical and desirable uses, due to environmental conditions
and proximity to commercial and community service facilities. It is intended that these areas
of high density multiple family residential use be scattered throughout the City, rather than
concentrated in a few areas. The following regulations, except to the extent that they may be
modified by a combining district, shall apply to every lot and building in an R4 High Density
Residential District.
Section 8.20 Permitted Uses and Conditional Uses
Land in the R4 High Density Residential District may be used as provided in the Residential
Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 of this Ordinance.
Section 8.30 Site and Building Requirements
The Lot, Yard and Height and Additional Requirements in the R4 High Density Residential
District shall be as established in the Residential Site and Building Requirement Table, Section
11.20 ofthis Ordinance.
Section 8.40 Density
The minimum site area shall be one (1) dwelling unit per one thousand four hundred fifty two
(1,452) square feet up to a maximum site area of two thousand seven hundred twenty two
(1,722) square feet per unit.
Section 8.50 Site Design Requirements
(a) If two (2) or more structures are constructed with less than six (6) feet clearance
between them, they shall be considered as one (1) structure for the purpose of this and
other ordinances of the City of Gilroy.
(b) Multi-family development shall be designed in accordance with the adopted Multi-
Family Residential Design Policy.
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City of Gilroy
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SECTION 9
RH RESIDENTIAL HILLSIDE DISTRICT
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Section 9.10 Statement oflntent
The intent ofthis Section is:
(a) To protect the public health, safety, and welfare in regard to hillsides and hillside
development;
(b) To protect the aesthetic views and vistas of surrounding hillsides, hilltops and ridge
lines;
(c) To protect the natural settings and terrain of Gilroy's hills and valleys; and
(d) To coordinate with regional and County plans, and implement all City policies,
guidelines, and plans pertaining to hillside development.
This Section shall provide a special zoning district which is sensitive to the special
considerations of those areas within the City of Gilroy which are generally at greater than ten
percent (10%) but less than thirty percent (30%) average slope.
The following regulations, except to the extent that they may be modified by a combining
district, shall apply to those districts that are specifically designated as being in an RH
Residential Hillside District, and shall be subject to all ofthe general provisions ofthis
Ordinance. In addition, all provisions set down under Section 50.50 (Planned Unit
Development Approval) shall also be applied to all parcels specifically designated as being
within an RH Residential Hillside District.
Section 9.20 Permitted Uses and Conditional Uses
Land in the RH Residential Hillside District may be used as provided in the Residential Use
Table, Section 11.10 of this Ordinance. Other uses may be approved according to Planned
Unit Development (PUD) Approval which shall be obtained according to the provisions of
Section 50.50 of this Ordinance.
Section 9.30 Site and Building Requirements
Section 9 .31 Yard Requirements
All yard requirements shall be as specified in the Planned Unit Development (PUD)
Approval which shall be obtained according to the provisions of Section 50.50 of this
Ordinance.
9-1
Section 9.32 Building Visibility and Height Requirements
No structure shall be constructed in any hillside zone in such a way that it is
silhouetted against the skyline when viewed from the valley floor below the hillside.
Any structure built so that the peak of the roofis within twenty (20) feet in height of
the hillside ridge line shall be limited to fifteen (15) feet in height, or one (1) story. If
the structure is screened by existing trees or vegetation, it shall be limited to (30) feet
in height, or two (2) stories, at anyone (1) point. No existing trees or vegetation may
be removed except according to the provisions of Section 50.50 of this Ordinance.
Split-level dwellings, having two (2) or three (3) stories, shall be limited to thirty (30)
feet in height at anyone (1) point. All other building height requirements shall be as
specified in the Planned Unit Development (PUD) Approval which shall be obtained
according to the provisions of Section 50.50 ofthis Ordinance.
Section 9.33 Slope Requirements
No construction of any building shall occur on any portion of any parcel where the
average slope of that portion covered by the structure exceeds thirty percent (30%)
slope. For slopes over fifteen percent (15%), a special foundation design based on
soils tests, approved by the City Engineer, shall be required in order to preserve the
integrity of the hillside slope.
Section 9.34 Additional Requirements
Any additional requirements including, but not limited to, parking, signing, landscaping
and fence requirements, shall be as specified in the Planned Unit Development (PUD)
Approval which shall be obtained according to the provisions of Section 50.50 ofthis
Ordinance.
Section 9.40 Density
The number of acres per dwelling unit (a) shall be determined by the average slope (s) based
on the formula:
a=
1
3
4
1-.02s
with a maximum of two (2) acres/unit. The number of dwelling units allowed for
development on a given parcel would be calculated by the formula:
A( acres)
a( acres/unit)
9-2
Section 9.41 _ _-subdivision of Single Family Residentl. ...-lillside Lots
Residential Hillside lots, created by a Tentative Map under the provisions of a
Residential Hillside district for the placement of one (1) single family dwelling, shall
not be split or re-subdivided. Lot line adjustments where additional single family lots
are not created are exempt.
Section 9.50 Bonuses
The number of allowable units may be increased by up to ten percent (10%) for any of the
preferred development techniques listed below, in accordance with the Planned Unit
Development (PUD) Approval. The total bonus may not exceed thirty percent (30%) of the
number of allowable units determined by the density formula.
(a) Clustering.
(b) A combined development proposal by the owners of three (3) or more adjcent
properties often (10) or more acres consolidated into a single plan of fifty (50) or
more acres.
(c) Transfer of the rights to develop RH districts having steeper slopes to other property
owner(s) having land with flatter, buildable slopes.
(d) Planned development of dwellings on stable slopes under fifteen precent (15%) and
retention of steeper slopes for open space.
Section 9.60 Hillside Development Guidelines
The City Council's adopted Hillside Development Guidelines shall be utilized in the
development ofRH Residential Hillside Districts.
Section 9.70 Exceptions
Single, custom-designed dwellings and side development plans may be exempted from the
PUD Planned Unit Development provisions of Section 50.50 of this Ordinance and may be
approved by the Planning Director, if such development:
a) meets or exceeds the criteria of the adopted Hillside Development Guidelines.
b) meets the provisions of whichever Section of this Ordinance is more restrictive:
Section 5, Rl Single Family Residential District, or
Section 9.31, 9.32 and 9.33, RH Residential Hillside District.
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City of Gilroy
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LONING ORDINANCE
SECTION 10
RESERVED FOR THE NEIGHBORHOOD DISTRICT
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City of Gilroy
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",ONING ORDINANCE
SECTION 11
RESIDENTIAL TABLES
Section 11.10 RESIDENTIAL USE TABLE
Section 11.11 Statement ofIntent
The intent of this Residential Use Table is to clearly and precisely designate permitted
uses and conditional uses within each of the following districts:
Al AGRICUL TURE DISTRICT
RR RURAL RESIDENTIAL_DISTRICT
Rl SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO-F AMIL Y RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
RH RESIDENTIAL HILLSIDE DISTRICT
Section 11.12 Designation of Residential Uses
The Residential Use Table indicates whether a variety of uses are unconditionally
permitted, permitted only with a Conditional Use Permit from the Planning
Commission, or permitted only under special conditions. The Planning Commission,
or its designee, shall determine, upon written request, whether or not any use not listed
in the Residential Use Table is similar in character to a described use for the purpose
of applying the district regulations and conditions.
11-1
Section 11.13 Residential Use Table
Revised (11/10/03)
Agriculture X X X X X X X
Animal Husbandry C C
Animal Services
Boarding X X
Veterin Hospital X X
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) C
Subdivision Sales Office T T T T T
Church or Religious Institution X X X X X X
Community Garden X X X X X X
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 C5 C5 C5 C5 C5 C5
Facility
Publicly-Owned Building or Facility X X X X X X
Schools (Private S 12 students or Public) X X X X X X
Schools (Private> 12 students) C C C C C C
Accessory Dwelling Unit X X X4 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 (>6 residents) C C C C C C
Residential Care Homes (<6 residents) X X X X X X
Single Family Dwelling or Modular X X X X X X
Home
Townhouse X X X
11-2
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 Section 47
1- Accessory Dwelling Units must meet the following conditions:
(1 ) The unit is not intended for sale and may be rented.
(2) The lot contains an existing single family detached unit.
(3) The second unit may be detached from the existing residence, with the provision of one additional
parking space.
(4) The accessory dwelling unit shall be limited to a single-story, one-bedroom unit with the overall
floor area not to exceed five hundred (500) square feet in size. A second story unit may be
allowed subject to an approved Conditional Use Permit.
(5) Any construction shall conform to height, setback, lot coverage, architectural review, site plan
review, fees, charges, and other zoning requirements generally applicable to residential
construction in the zone in which the property is located.
(6) The accessory unit shall be serviced by existing sewer and utility connections, no additional
water, gas, or electric meters shall be permitted.
2- Permitted only if the regulations of Section 40 of this Ordinance are met.
3- A duplex dwelling is permitted when all of the following conditions are met:
(1) The duplex dwelling shall be located on a corner lot only; and
(2) 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
(3) The duplex shall not increase the overall density within any given land subdivision beyond the
maximum of seven and one-fourth (7.25) dwelling units per net acre.
4- An Accessory Dwelling unit is permissible on a R2 parcel when the following conditions can be met:
(1) The parcel is currently developed with only one (1) single family dwelling; and
(2) The parcel will support only one (1) single family dwelling, as outlined under Section 6.40 and
footnote #4 of Section 11.23 of the Zoning Ordinance.
5- Conditional Use Permit required unless otherwise allowed through an approved Planned Unit
Development.
11-3
SECTION 11.20
RESIDENTIAL SITE AND BUILDING REQUIREMENT TABLE
Section 11. 21 Statement ofIntent
The intent of the Residential Site and Building Requirements Table is to clearly and
precisely establish the basic site and building regulations, which shall apply to all
developments in each of the following districts:
Al AGRICULTURE
RR RURAL RESIDENTIAL_DISTRICT
Rl SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO F AMIL Y RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
(Site and building requirements for the RH RESIDENTIAL HILLSIDE DISTRICT
shall be approved in accordance with the procedures established in Section 50.50,
PUD Planned Unit Development Combining District.)
Section 11. 22 Designation of Residential Site and Building Requirements
The figures in the Residential Site and Building Requirement Table establish lot, yard,
and height requirements for each of the residential zoning districts. The table also
indicates where additional side and building requirements, including, but not limited to,
off-street parking, landscaping, signing, fences and obstructions, and performance
standards, apply to residential zoning districts.l
11-4
Section 11.23 Reside..dal Site and Building Requirement l....Ae
11/10/03)
(Revised
LOT REQUIREMENTS
Lot Size in Square Feet (minimum)l 20 ac 2.5 ac 6000 80004 8000 12000
Building Coverage (maximum) none none none none none none
YARD REQUIREMENTS
(Minimum setbacks in feet) 152 152 152 152 152
Front 152
Side (Adjacent to street) 10 10 10 10 12 12
Side (All other side yards) 12 12 63 63 12 12
Rear 156 156 156 156 156 156
HEIGHT REQUIREMENTS
(Maximum)
Building Height in Feet 35 35 35 35 45 75
Number of Stories 2 2 2 1 3 6
ADDITIONAL REGULATIONS
(PART II) YES YES YES YES YES YES
Off-Street Parking, Sec. 31 YES YES YES YES YES YES
Fences, Sec. 34 YES YES YES YES YES YES
Signs, Sec. 37 NO NO NO YES YES YES
Landscaping, Sec. 38
ESTABLISHED DEVELOPMENT
POLICIES YES YES YES YES YES YES
Consolidated Landscaping Policy5 YES YES NO NO NO NO
Hillside Development Guidelines5 NO NO NO YES YES YES
Residential Condominium Policy
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 ofthe zoning district.
2- Garage setbacks must be a minimum of twenty (20) feet from the front property line.
3 - For dwellings located within new subdivisions (after the effective date of this Ordinance), containing five
(5) or more lots, the total width of the two side yards for anyone lot in an Rl or R2 district must equal
twelve (12) feet. For structures in existence on the effective date of this Ordinance, a six-foot side yard
setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit
development, or pre-existing, non-conforming use.
4- 7000 sq .ft. for pre-existing lots created prior to September 15, 1983; and 6000 sq .ft. for one (I) single
family dwelling.
2- 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.
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City of Gilroy
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LONING ORDINANCE
""
SECTION 12
PO PROFESSIONAL OFFICE DISTRICT
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Section 12.10 Statement oflntent
The intent ofthe PO Professional Office District is to provide areas in the City suitable for
well designed professional office buildings which can, among other things, serve as buffer
areas between residential and commercial areas. The uses in this district are intended to be of
low intensity in order to be compatible with residential living. Ample landscaping and creative
design are encouraged in the PO Professional Office District. Professional Office Districts
should be located on arterial or collector streets and located in close proximity to commercial
areas. The following regulations, except to the extent that they may be modified by a
combining district, shall apply to every lot and building in a PO Professional Office District.
Section 12.20 Permitted Uses and Conditional Uses
Land in the PO Professional Office District may be used as provided in the Commercial Use
Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional
use permit, which may be issued by the Planning Commission in accordance with the
regulations in Section 50.30 ofthis Ordinance.
Section 12.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the PO Professional Office District
shall be as established in the Commercial Site and Building Requirement Table, Section 19.20
of this Ordinance.
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LONING ORDINANCE
City of Gilroy
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SECTION 13
C1 NEIGHBORHOOD COMMERCIAL DISTRICT
Section 13.10 Statement ofIntent
The intent of the Cl Neighborhood Commercial District is to provide areas in the City suitable
for commercial uses of a low intensity and of a neighborhood character, which cater directly
to residents of the immediate neighborhood only, rather than to the entire City. The uses in
this district are intended to be of low intensity in order to be compatible with residential living.
Ample landscaping and creative design are encouraged in the Cl Neighborhood Commercial
District. The following regulations, except to the extent that they may be modified by a
combining district, shall apply to every lot and building in a Cl Neighborhood Commercial
District.
Section 13.20 Permitted Uses and Conditional Uses
Land in the Cl Neighborhood Commercial District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in accordance
with the regulations in Section 50.30 of this Ordinance.
Section 13.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Cl Neighborhood Commercial
District shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 ofthis Ordinance.
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LONING ORDINANCE
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SECTION 14
C2 CENTRAL COMMERCIAL DISTRICT
~
Section 14.10 Statement ofIntent
The intent of the C2 Central Commercial District is to provide an area in the City suitable for
commercial uses in the City's downtown central business district. The uses in this district are
intended to be compatible with pedestrian access. Automobile-oriented uses are discouraged.
Creative design and uniform maintenance of street facades are encouraged in this district, in
order to present an overall feeling of an integrated design in the downtown area. Utilization
of the second and third stories for residential units, offices, artists' lofts and other compatible
mixed uses are encouraged. The following regulations, except to the extent that they may be
modified by a combining district, shall apply to every lot and building in a C2 Central
Commercial District.
Section 14.20 Permitted Uses and Conditional Uses
Land in the C2 Central Commercial District may be used as provided in the Commercial Use
Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional
use permit, which may be issued by the Planning Commission in accordance with the
regulations in Section 50.30 of this Ordinance.
Section 14.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the C2 Central Commercial District
shall be as established in the Commercial Site and Building Requirement Table, Section 19.20
ofthis Ordinance.
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City of Gilroy
<I
LJONING ORDINANCE
SECTION 15
C3 SHOPPING CENTER COMMERCIAL DISTRICT
~
Section 15.10 Statement oflntent
The intent of the C3 Shopping Center Commercial District is to provide areas in the city
suitable for commercial uses ofa high intensity and ofa City or regional character. Businesses
in the C3 Shopping Center Commercial District should be restricted to those which cater to
residents of the entire City and its surrounding region. Ample landscaping, large setbacks,
ample parking and creative design are encouraged in the C3 Shopping Center Commercial
District. The following regulations, except to the extent that they may be modified by a
combining district, shall apply to every lot and building in a C3 Shopping Center Commercial
District.
Section 15.20 Permitted Uses and Conditional Uses
Land in the C3 Shopping Center Commercial District may be used as provided in the
Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted
with a conditional use permit, which may be issued by the Planning Commission in accordance
with the regulations in Section 50.30 ofthis Ordinance.
Section 15.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the C3 Shopping Center Commercial
District shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 of this Ordinance.
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LONING ORDINANCE
City of Gilroy
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SECTION 16
HC HIGHWAY COMMERCIAL DISTRICT
Section 16.10 Statement ofIntent
The intent of the HC Highway Commercial District is to provide areas in the City suitable for
commercial uses of a character which cater primarily to visitors to the City. The uses in this
district are intended to have immediate access from major freeways. Ample parking,
landscaping, and creative design are encouraged in the HC Highway Commercial District.
The following regulations, except to the extent that they may be modified by a combining
district, shall apply to every lot and building in a HC Highway Commercial District.
Section 16.20 Permitted Uses and Conditional Uses
Land in the HC Highway Commercial District may be used as provided in the Commercial
Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 of this Ordinance.
Section 16.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the HC Highway Center Commercial
District shall be as established in the Commercial Site and Building Requirement Table,
Section 19.20 of this Ordinance.
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City of Gilroy
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L,ONING ORDINANCE
SECTION 17
CM COMMERCIAL INDUSTRIAL DISTRICT
~
Section 17.10 Statement ofIntent
The intent of the CM Commercial Industrial District is to provide areas in the City suitable for
commercial uses of a low intensity which exist in combination with uses of a light
manufacturing or light industrial nature. Ample landscaping and creative design are
encouraged in the CM Commercial Industrial District. The following regulations, except to
the extent that they may be modified by a combining district, shall apply to every lot and
building in a CM Commercial Industrial District.
Section 17.20 Permitted Uses and Conditional Uses
Land in the CM Commercial Industrial District may be used as provided in the Commercial
Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a
conditional use permit, which may be issued by the Planning Commission in accordance with
the regulations in Section 50.30 of this Ordinance.
Section 17.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the CM Commercial Industrial District
shall be as established in the Commercial Site and Building Requirement Table, Section 19.20
of this Ordinance.
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City of Gilroy
e
LONING ORDINANCE
SECTION 18
RESERVED FOR THE DOWNTOWN DISTRICT
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City of Gilroy
cLONING ORDINANCE
SECTION 19
COMMERCIAL TABLES
Section 19.10 COMMERCIAL USE TABLE
Section 19.11 Statement ofIntent
The intent of this Commercial Use Table is to clearly and precisely designate permitted
uses and conditional uses within each of the following districts:
PO PROFESSIONAL OFFICE
Cl NEIGHBORHOOD COMMERCIAL
C2 CENTRAL DISTRICT COMMERCIAL
C3 SHOPPING CENTER COMMERCIAL
HC HIGHWAY COMMERCIAL
CM COMMERCIAL INDUSTRIAL
Section 19.12 Designation of Commercial Uses
The Commercial Use Table indicates whether a variety of uses are unconditionally
permitted, permitted only with a conditional use permit from the Planning
Commission, or permitted only under special conditions. The Planning Commission,
or its designee, shall determine, upon written request, whether or not any use not listed
in the Commercial Use Table is similar in character to a described use for the purpose
of applying the district regulations and conditions.
19-1
Section 19.13 Commeu:ial Use Table
(Revised 11/10/03)
Adult BusinessesI C
Animal Services
Animal Boarding C C
Animal Grooming X X X X
Animal HospitaWeterinary Office C C C X X
Antique Shop X X X X X
Appliance Repair X X8 X X
Arcade X X X
Art Studio or Gallery X X X X
Automobile Services
Auto Body Repair & Painting C
Automobile Parts Sales X X X X
Automobile Repair X X X
Automobile Sales X X X
Automobile Sales, Temporary 6 C C C C
Car Wash X X
Gasoline Station C X X X
Tire Shop C X X X X
Bank C X X X X
Barber Shop X X X X X
Bakery X X X C X
Beauty Parlor X X X X X
Bed and Breakfast Establishment X X X X X
Boat Sales X X
Bowling Alley X X X
Building Materials Sales and Storage X X
Card Room C C C
Clothing Sales/ Service Establishment X X X X
Contractor's Yard X
Dance Hall X X X
Desktop Publishing/Copy Shop X X X8 X X
Dry Cleaning Establishment C X X X
Feed or Fuel Store C C X
Festival T T T T
19-2
!:$-z,.~~:G> --T' r:;::~_-" '''_ e- ::,,~"'" -- ~""_-,,,-),,,,,,,.,, ,/;~_~~;::"'""-~"""''''~.::_~~ "'- ~ , """'"'~~ '" ,$ 'fI;::': -~l'- --=~ ""'-; - ~<' ~ '" =- ~ ~ ~ -
:m" . . ~ - -
;~~_~~~~~~~~t:2~~~ii '-~~;,~:~-~~~t~:;~~'2~~~ ,~:j.
Grocery Store or Deli X X X X
Gymnasium/Health Studio X X X X
Hotel, Motel X X X X
Laboratory (Research) C C X8 X X
Landscape Nursery X X
Laundromat X X X X
Liquor Sales (On site consumption)9 C4 C4 X X X
Liquor Sales (Off site consumption)9 C C X X X
Medical or Dental Office/Clinic X X X8 X X
Mortuary or Crematory C C X X
Neighborhood Services X X8 X X
Newspaper Printing Facility X
Office X X X8 X X
Outdoor Amusement/ Recreation C C C C
Parking Lot X X X X
Pawn Shop or Auction House X X X
Pool & Billiards Establishment X X C
Printing! Sign Painting Establishment X8 X X
Restaurant X X X X X
Retail Sales Establishments X X X C X
Shoe Repair Establishment X X X X
Theater X X X X
Therapy Clinic (licensed provider) X X X8 X X
Tow Yard C
Travel Trailer or Camping Facility C
Light Industrial Uses Permitted in M17 X
Plumbing or Sheet Metal Shop X
Pottery and Ceramics Manufacturing X
Truck Stop C C
19-3
'-_0
_ _ _ _ __ _ _ .r~
-' ,
,
~:~;~~~~~~~~~~,L~i,~~~~;j~::~;;~~~~l~;,-{~~Li ~;~~
Ambulance Service X X
Church or Religious Institution X X X8 X
Community Center C X8 X
Day Care Center C X X8 X
HoSpita4 Rest Home, Sanitarium C C X
Lodge, Club, or Fraternal Hall C C X8 X
Public Facility X X X8 X
School (Private:::; 12 Students) X X X8 X
School (Private> 12 Students) C C C C
Boarding or Rooming House C C
Caretaker's Quarters2 C C X8 C
Residential Unit (2nd or 3rd floor) C X5 X5 X5
Residential Unit (w/existing business) C X5
Bazaar T T T
Christmas Tree Lot T T T
Outdoor Booth/Sales T T T T
X X
C
X
C
X
X
C X
X
C
X = Unconditionally permitted
T = Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
C C
T
T T
T T
1- Conditionally permitted in the C3 District except for C3 property that is part of a b lock which abuts First
Street, and in accordance with the requirements set forth in Section 28.
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- More than one residential unit may be allowed upon approval ofa Conditional Use Permit pursuant to
Section 50.30. All residential dwelling projects within the C1 and C2 zones shall comply with the
following guidelines:
(a) The number residential units shall not compromise the quality or character of any existing or
proposed businesses located on the same property;
19-4
(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. Anytime these uses are proposed for
the first floor (sidewalk level), a Conditional Use Permit is required.
9- Requests for new ABC liquor licenses is subject to review and approval of the City's ABC Committee and the
Chief of Police.
19-5
SECTION 19.20
COMMERCIAL SITE AND BUILDING REQUIREMENT TABLE
Section 19.21 Statement oflntent
The intent ofthe Commercial Site and Building Requirement Table is to clearly and
precisely establish the basic site and building regulations which shall apply to all
development in each ofthe following districts:
PO PROFESSIONAL OFFICE
Cl NEIGHBORHOOD COMMERCIAL
C2 CENTRAL DISTRICT COMMERCIAL
C3 SHOPPING CENTER COMMERCIAL
HC HIGHWAY COMMERCIAL
CM COMMERCIAL INDUSTRIAL
Section 19.21 Designation of Commercial Site and Building Requirements
The figures in the Commercial Site and Building Requirement Table establish lot, yard,
and height requirements for each of the commercial zoning districts. The table also
indicates where additional site and building requirements, including but not limited to
off-street parking, landscaping, signing, fences and obstructions, and performance
standards, apply to commercial zoning districts.
19-6
Section 19.23 Comme. _.al Ite an m 1D2 eqmremen . .e (Revised 11/10/03)
Commercial District Requirements PO Cl C2 C3 HC CM
LOT REQUIREMENTS
Lot Size in Sq.Ft. (min.) 8000 none none none none none
Building Coverage (max.) 40% * * * * *
YARD REQUIREMENTS
(Min. setbacks in ft.)
Front 20 20 0 30 20 15
Side (Adjacent to street) 10 10 0 20 20 15
Side (All other side yards) 6 ** 0 0 ** **
Rear ** ** 0 0 ** **
HEIGHT REQUIREMENTS
(Maximum)
Building Height in Feet 35 35 45 75 75 35
Number of Stories 2 2 3 6 6 2
ADDITIONAL REGULATIONS (PART II)
Off-Street Parking, Sec. 31 Yes Yes Yes Yes Yes Yes
Fences, Sec. 34 Yes Yes Yes Yes Yes Yes
Signs, Sec. 37 Yes Yes Yes Yes Yes Yes
Landscaping, Sec. 38 Yes Yes Yes Yes Yes Yes
Performance Standards, Sec. 41 Yes Yes Yes Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Commercial Condominium Policy Yes Yes Yes Yes Yes Yes
Consolidated Landscaping Policy Yes Yes Yes Yes Yes Yes
Industrial Design Guidelines n/a n/a n/a n/a n/a Yes
Leavesley Road Policy n/a n/a n/a Yes Yes Yes
Street Furniture Policy Yes Yes Yes Yes Yes Yes
Tenth Street Policy n/a n/a Yes Yes n/a Yes
S'
d B .Id' R
tl
* Within existing setbacks
** 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 ifthe adjacent property is in the same
zoning district.
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~ONING ORDINANCE
City of Gilroy
e
SECTION 20
Ml LIMITED INDUSTRIAL DISTRICT
Section 20.1 0 Statement ofIntent
The intent ofMl Limited Industrial District is to designate areas in the City, which are
environmentally sensitive due to .close proximity to residential and commercial zones, and
which are suitable for small scale light manufacturing and industrial park uses with low noise
and traffic levels, not generally frequented by retail users. The following regulations, except
to the extent that they may be modified by a combining district, shall apply to every lot and
building in an Ml Limited Industrial District.
Section 20.20 Permitted Uses and Conditional Uses
Land in the Ml Limited Industrial District may be used as provided in the Industrial Use
Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional
use permit, which may be issued by the Planning Commission in accordance with the
regulations in Section 50.30 of this Ordinance.
Section 20.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Ml Limited Industrial District shall
be as established in the Industrial Site and Building Requirement Table, Section 23.20 of this
Ordinance.
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"'-
Section 21.10 Statement oflntent
The intent ofthe M2 General Industrial District is to provide areas in the City suitable for
large scale manufacturing, assembly, storage, distribution and wholesaling of materials.
Because of their environmental impacts, it is intended that the M2 General Industrial Districts
be located in areas with good transportation access. Therefore, M2 districts should be located
near freeways, and away from all residential districts. The following regulations, except to the
extent that they may be modified by a combining district, shall apply to every lot and building
in an M2 General Industrial District.
Section 21.20 Permitted Uses and Conditional Uses
Land in the M2 General Industrial District may be used as provided in the Industrial Use
Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional
use permit, which may be issued by the Planning Commission in accordance with the
regulations in Section 50.30 of this Ordinance.
Section 21.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the M2 General Industrial District shall
be as established in the Industrial Site and Building Requirement Table, Section 23.20 ofthis
Ordinance.
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Z~l~G ORDINANCE
Section 22.10 Statement ofIntent
The intent of the CI Campus Industrial District is to designate areas in the City to encourage high-
tech industrial development, promote economic diversification and allow for local employment
centers that provide opportunities for people to live and work locally. Development in the Campus
Industrial District will require higher standards of architectural design and landscaping criteria that
meets the Commercial District standards at a minimum. The following regulations, except to the
extent that they may be modified by a combining district, shall apply to every lot and building in the
CI Campus Industrial District.
Section 22.20 Permitted Uses and Conditional Uses
Land in the CI Campus Industrial District may be used as provided in the Industrial Use Table,
Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit,
which may be issued by the Planning Commission in accordance with the regulations in Section 50.30
of this Ordinance.
Section 22.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the CI Campus Industrial District shall be as
establiShed in the Industrial Site and Building Requirement Table, Section 23.20 of this Ordinance.
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City of Gilroy
e
ZONING ORDINANCE
SECTION 23
INDUSTRIAL TABLES
Section23.10 INDUSTRIAL USE TABLE
Section 23.11 Statement ofIntent
The intent ofthis Industrial Use Table is to clearly and precisely designate permitted uses and
conditional uses within each of the following districts:
_IIIMIIII
Ml LIMITED INDUSTRIAL
M2 GENERAL INDUSTRIAL
Section 23.12 Designation ofIndustrial Uses
The Industrial Use Table indicates whether a variety of uses are unconditionally permitted,
permitted only with a conditional use permit from the Planning Commission, or permitted only
under special conditions. The Planning Commission, or its designee, shall determine, upon
written request, whether or not any use not listed in the Industrial Use Table is similar in
character to a described use for the purpose of applying the district regulations and conditions.
23-1
Section 23.13 Industrial Use Table
(Revised 11/10/03)
Ancillary Retail 5 C C C
Animal Hospital/Kennel C X
Automobile Reoair or Bodv Shoo X X
Buildim! Materials Sales and StoraQe Establishments X X
Cafeteria (for emolovees onlv) X X X
Office (CofDorate) X X X6
Outdoor Amusement or Recreation Facility C C
PrintinQ Shoos X X X
Professional Offices X X
Recreational Vehicle Park, Travel Trailer Park or Camping Facility C X
Restaurant X C C
Assemblv Plant - Electronics X X X
Assemblv Plant - LiQht (Scientific/Medical) X X X
Assemblv Plant - Heavv (V ehiclesN essels/Eauioment) X
Cabinet Shoo X X
Chemical Suoolv Establishment X
Data ProcessinQ Establishment X X X
Distribution Plant X
Feed Yard C X
Food ProcessinQ Plant C X
Haz.Waste Transoort. RecvclinQ. ProcessinQ. or StoraQe Facility 1,3,4 C
Junkvard X
Laboratorv X X
Lumber Yard X X
Machine Shoo X X
ManufacturinQ Plant-Electronic Comoonents. Plastics. Ceramics C C X
ManufacturinQ Plant-HeaVY (Vehicles. Eauioment. etc.) X
ManufacturinQ Plant-LiQht (Scientitic/Medical) X X X
Mini-StoraQe. Locker StoraQe and Rental Facilities X X
Mini StoraQe. Locker StoraQe and Rental Facilities X
Research and Develooment Facility X X X
Sheet Metal Fabrication X
Tow Yard C X
Truck Service Station. Stoo. or Terminal C C
Truck StoraQe or ParkinQ Yard C X
Truck Stop C C
Warehouse StoraQe Facilitv X X
Welding Facility X X
Wholesale Establishments X X
Wrecking Yard or Dismantling Facility X
23-2
Church or ReliQious Institution
Dav Care Center
Hosoital or Clinic
Public Utilitv Service
Schools (Colleges, Vocational, trade schools)
C
X
C
Caretaker's Residence I
Christmas Tree Lot
Festival
Outdoor Booth
T
T
X = Unconditionally permitted
C = Permitted only with Conditional Use Permit granted by Planning Commission
T = Temporary Use - See Section 47
1- If a caretaker's residence is in a trailer, recreational vehicle. 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, ambulance
services, mini-storage, churches, or hazardous waste processing or storage facilities.
2- In addition to the uses listed as permitted or conditionally permitted in the M2 district, the following uses may
be conditionally permitted only where the Planning Commission finds that a) these uses will not generate
vehicular trips across U.S. 101 (South Valley Freeway) above that for general industrial uses, and b) that the
proposed commercial uses will provide service only to people employed within the adjacent industrial areas:
professional office, financial institutions, insurance companies, real estate brokers, social service agencies,
cocktail lounges, private educational and recreational institutions, entertainment facilities and day care
facilities.
3- Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City of Gilroy
water well.
4- All hazardous waste transport, recycling, processing and storage facilities must comply with the County of
Santa Clara's Hazardous Waste Management Plan.
5 - Ancillary retail sales uses include the sales, rental, display, storage, repair and servicing ofbulky commodities as
part of an existing industrial business. Ancillary retail uses that do not exceed 10% of the gross enclosed floor
area for buildings that are 10,000 square feet or less, or ancillary retail uses that do not exceed 5% of the gross
enclosed floor area for buildings that are larger than 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 (25) percent 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 Section 31 of this Ordinance. 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.
6- Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed industrial use
for the district.
23-3
Section 23.20 INDUSTRIAL SITE AND BUILDING REQUIREMENT TABLE
Section 23.21 Statement ofIntent
The intent ofthe Industrial Site and Building Requirement Table is to clearly and precisely
establish the basic site and building regulations which shall apply to all development in each of
the following districts:
CI CAMPUS INDUSTRIAL
Ml LIMITED INDUSTRIAL DISTRICT
M2 GENERAL INDUSTRIAL DISTRICT
Section 23.22 Designation ofIndustrial Site and Building Requirements
The figures in the Industrial Site and Building Requirement Table establish lot, yard, and
height requirements for each of the industrial zoning districts. The table also indicates where
additional site and building requirements, including, but not limited to, off-street parking,
landscaping, signing, fences and obstructions, and performance standards, apply to industrial
zoning districts.
23-4
Section 23.23 Industr ~ _ Site and Building Requirement Tat
Revised (11/10/03)
LOT REQUIREMENTS
Building Coverage (Maximum)
50%
YARD REQUIREMENTS (Minimum setbacks in feet)
Front
Side
Side (Adjacent to street)
Rear
30
20
20
20'
HEIGHT REQUIREMENTS (Maximum)
Building Height in Feet
Number of stories
35
2
ADDITIONAL REGULATIONS (See Chapter 2)
Off-Street Parking Section 31
Fences and Obstructions Section 34
Signing Section 37
Landscaping Section 38
Performance Standards Section 41
Yes
Yes
Yes
Yes
Yes
ESTABLISHED DEVELOPMENT POLICIES
Industrial Condominium Policy
Consolidated Landscaping Policy
Industrial Design Guidelines
Leavesley Road Policy
Tenth Street Policy
Yes
Yes
Yes
Yes
Yes
23-5
60%
30
None
20
None
35
2
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
60%
15
None
15
None
75
6
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
n/a
Yes
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"
...,ONING ORDINANCE
SECTION 24
OPEN SPACE DISTRICT
Section 24.10 Statement oflntent
The purpose and intent of this district is:
(a) To protect the public health, safety and welfare;
(b) To protect and preserve open space land as a limited and valued resource;
(c) To permit the reasonable use of open space land;
(d) To preserve and protect open space in order to assure its continued availability as
agriculture land, scenic land, recreation land, conservation or natural resource land,
land for the containment of urban sprawl and the structuring of urban development, or
land in its natural or near natural state which protects life and property in the
community from the hazards of fire, flood, and seismic activity;
(e) To coordinate with and carry out Federal, State, Regional, County and City open
space plans.
Section 24.20 Permitted Uses and Conditional Uses
Section 24.21 Permitted Uses
The following uses are unconditionally permitted:
(a) Agricultural uses:
(1) Animal husbandry.
(2) Crops.
(3) Dairying.
(4) Horticulture, including nurseries.
(5) Livestock farming.
(6) Tree farming.
(7) Viticulture and similar uses not inconsistent with the intent and purpose
of this Section.
(8) Similar uses as determined by the Planning Director, subject to review
by the Planning Commission.
(b) Botanical conservatories, outdoor nature laboratories, and similar facilities.
(c) Native wildlife sanctuaries.
Section 24.22 Conditional Uses
The following uses are permitted only with a conditional use permit from the Planning
Commission:
(a) Communication and public utility facilities.
(b) Educational, charitable, research and philanthropic institutions in conjunction
with permitted uses.
(c) Guest ranches.
24-1
(d) Recreational uses, such as riding academies, stables, country clubs, golf
courses.
(e) Similar uses as determined by the Planning Director.
Section 24.30 Site and Building Requirements
Section 24.31 Site Design Approval
Any construction of new buildings in an OS district must be directly related to the use
of the open space. Such construction shall be subject to Architectural and Site Review
and Approval according to the provisions of Section 50.40 of this Ordinance.
Section 24.32 Maximum Building Height
Building height shall not exceed two (2) stories, or thirty (30) feet.
Section 24.40 Lands Environmentally Unfit for Development
The City Council shall determine which lands within the City of Gilroy are environmentally
unfit for development by designating such lands as being in an open space (OS) district. Such
lands shall include, but not be limited to, the following:
( a) Earthquake fault areas.
(b) Flood plain areas.
( c) Liquefaction areas.
(d) Watershed or groundwater recharge areas.
(e) Extremely high fire hazard areas.
(f) Wildlife preserves and scenic corridors.
(g) Landslide areas.
Section 24.50 Minimum Time Period of OS Zoning
Resolutions ofthe Planning Commission and ordinances ofthe City Council recommending or
designating OS Open Space Districts shall designate a minimum specific number of years that
the property is to be zoned as open space. Such minimum time period shall be consistent with
the urban development policies of the General Plan.
Section 24.60 Special Regulations
Section 24.61 Geological Soil Investigation and Report
All applications to rezone land from those uses indicated in 24.40 (a, c, or g) shall be
accompanied by a combined in-depth geologic and soils investigation and report
prepared by a registered geologist certified by the State of California and an
engineering geologist and by a licensed civil engineer qualified in soil mechanics. Such
report shall be based on surface, sub-surface, and laboratory investigations and
24-2
examinations and such reports shall fully and clearly present:
(a) All pertinent data, interpretations and evaluations.
(b) The significance of the data, interpretations and evaluations with respect to the
future geological processes both on and off the site.
(c) Recommendations for any additional investigations to be made.
Section 24.62 Landscaping
The existing natural vegetation and land formations shall remain in a natural state
unless modification is found to be necessary for a specific use and is approved by the
Planning Director. Reduction or elimination of fire hazards shall be required where
heavy concentrations of flammable vegetation occurs. Landscaping as applied for shall
be consistent with the purpose of this Section.
Section 24.63 Tree Removal
Removal of live trees in areas outside public parks may be permitted upon approval of
the Planning Director.
Section 24.64 Access to Remote Areas
Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or
motorcycles or other wheeled vehicles shall not be developed except upon securing
approval of the Planning Director. No such approval shall be granted except upon
finding that the purpose is essential for the establishment or maintenance of a use
which is expressly permitted herein and that the design and location of the proposed
roads, tracks, driveways, trails, or runways shall be compatible with the terrain. The
use of all roads, tracks, driveways, or trails which are not easements and are existing
to the detriment ofthe environment at the time of the adoption of this Section, and are
non-conforming or have been established without proper approvals, shall be
terminated within one (1) year of OS Open Space District designation unless given
approval in accordance with the regulations set forth in this Section.
Section 24.65 Grading
All grading shall be subject to the provisions of this Section. In those cases where
grading permits are required, no grading shall begin until a permit has been granted
and after securing approval of the Planning Director and the City Engineer.
24-3
Section 24.66 Sotl Erosion and Land Management
No site and design plan shall be approved until all erosion control measures have been
approved in accordance with adopted City standards and specifications, and are
consistent with the regulations of the OS Open Space District. The applicant shall
bear the final responsibility for the installation and construction of all required erosion
control measures according to the provisions of each approval.
24-4
..uONING ORDINANCE
\..
SECTION 2
PF PARKlPUBLIC FACILITIES DISTRICT
~
Section 25.10 Statement oflntent
The PF ParklPublic Facilities District is intended to provide land for governmental, public
utility, educational, and community service or recreational facilities. Such uses are unique in
that their proximity to sensitive land uses is not generally detrimental to the quality of life, and
in many cases, is desirable and convenient. The proper use of this district will allow for that
proximity without significant environmental impacts.
Section 25.20 Permitted and Conditional Uses
Section 25.21 Permitted Uses
The following uses are unconditionally permitted. The Planning Commission, or its
designee, shall determine, upon written request, whether or not any use not listed
below is similar in character to a described use for the purpose of applying the
regulations and conditions of this Section.
(a) All facilities owned or leased, and operated or used, by the City of Gilroy, the
County of Santa Clara, the State of California, the government ofthe United
States, the Gilroy Unified School District, or any other governmental agency.
(b) Public or private colleges and universities and their related facilities.
(c) Hospitals.
(d) Cemeteries, mausoleums, crematories.
Section 25.22 Conditional Uses
The following uses are permitted only with a conditional use permit from the Planning
Commission. The Planning Commission, or its designee, shall determine, upon written
request, whether or not any use not listed below is similar in character to a described
use for the purpose of applying the regulations and conditions of this Section.
(a) Facilities of all public utilities, and corporations or other organizations whose
activities are under the jurisdiction of the Federal Communications Commission
or the Interstate Commerce Commission.
(b) Any of the following uses, when conducted on property owned by the City of
Gilroy, the County of Santa Clara, the State ofCalifomia, the government of
the United States, the Gilroy Unified School District, or any other governmental
agency, and leased for the following uses:
(1 ) Private educational facilities.
(2) Day care centers.
(3) Community Centers.
(4) Residential care facilities, when utilizing existing structures on the site.
25-1
(5) Business or trade schools.
(6) Outdoor recreation service.
(7) Neighborhood recreation center.
(8) Art, dance, gymnastic, exercise or music studios or classes.
(9) Special education classes.
Section 25.30 Site and Building Requirements
The following site development regulations shall apply in the PF ParklPublic Facilities
District.
Section 25.31 Lot Requirements
The maximum building coverage shall be thirty percent (30%) of the site area.
Section 25.32 Yard Requirements
The minimum front, side, and rear yards in the PF ParklPublic Facilities District shall
be equal to the respective front, side, and rear yards required in the most restrictive
abutting district.
Section 25.33 Maximum Building Height
The maximum building height shall be thirty (30) feet. The maximum height for
communications facilities shall be fifty (50) feet. With an approved Conditional Use
Permit, granted by the Planning Commission, communication facilities or other
buildings may be permitted to a maximum height not to exceed seventy-five (75) feet.
Section 25.34 Special Regulations
(a)
(b)
(c)
(d)
(e)
Off-Street Parking
Fences and Obstructions
Signs
Landscaping
Accessory Buildings
See Section 31
See Section 34
See Section 37
See Section 38
See Section 39
25-2
"
-,ONING ORDINANCE
City of Gilroy
<I
SECTION 26
PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT
Section 26.10 Statement ofIntent
The intent of the PUD Planned Unit Development Combining District is to allow
diversification in the relationships of buildings, structures, and open spaces in building groups
and the allowable heights of said buildings and structures, while insuring adequate standards
related to the public health, safety and general welfare ofthe community, and so doing to
promote unified planning and development, economical and efficient land use, a higher
standard of amenities, appropriate and harmonious variety in physical development, creative
design, and an upgrading ofthe urban environment.
Section 26.20 Permitted and Conditional Uses
A minimum of seventy-five percent (75%) of the land area of those parcels designated as
being in a PUD Planned Unit Development Combining District shall be used for uses
permitted by the base zoning district. Other land uses to a maximum of twenty-five percent
(25%) may be permitted in accordance with a Planned Unit Development Approval which
shall be obtained according to the provisions of Section 50.50 of this Ordinance.
Section 26.30 Site and Building Requirements
Section 26.31 Lot Requirements
No parcel or lot of land within this combining district shall be split or subdivided,
except as specified in the Planned Unit Development Approval which shall be obtained
according to the provisions of Section 50.50 ofthis Ordinance.
Section 26.32 Yard, Building Height, and Lot Coverage Requirements
All yard, building height, and lot coverage requirements shall be as specified in the
Planned Unit Development Approval which shall be obtained according to the
provisions of Section 50.50 of this Ordinance.
Section 26.33 Landscaping Requirements
All landscaping requirements shall be as specified in the Planned Unit Development
Approval which shall be obtained according to the provisions of Section 50.50 of this
Ordinance.
26-1
Section 26.34 . ~..1ditional Requirements
All additional requirements including, but not limited to, parking, sign and fence
requirements, shall be as specified in the Planned Unit Development Approval which
shall be obtained according to the provisions of Section 50.50 of this Ordinance.
Section 26.40 Establishment of Combining District
The establishment of a planned unit development combining district may be in combination
with any residential, commercial or industrial district as defined in this Ordinance. The
establishment or removal of the PUD combining district shall be processed as a zone change
according to the provisions of Section 52. The zone change fees, which are established from
time to time by the City Council, shall be waived for the establishment of, but not the removal
of, the PUD Planned Unit Development Combining District.
Section 26.50 Development Approval Required
Section 26.51 Initial Development
Any and all proposals for construction of any development or improvements on any lot
or parcel within this combining district shall be subject to Planned Unit Development
Approval as provided in Section 50.50 of this Ordinance. A Planned Unit
Development Approval application may be processed concurrently with the PUD
combining district zone change.
Section 26.52 Minor Modifications
After a completed planned unit development project has been occupied, minor
modifications and development may be permitted without Planned Unit Development
Approval (as provided in Section 50.50) if:
(a) The proposed modifications meet all of the requirements of the underlying
zoning district, and
(b) The Planning Director determines that the proposed modification or
development conforms to the intent of the original Planned Unit Development
Approval.
26-2
City of Gilroy
LONING ORDINANCE
SECTION 27
HISTORIC SITE AND NEIGHBORHOOD COMBINING DISTRICTS
Section 27.10 Statement ofIntent
The intent of this Section is:
(a) to preserve historic sites and neighborhoods that represent important elements of
Gilroy's past or contribute to the community's identity or educational resources;
(b) to enhance the visual character of Gilroy by encouraging and regulating the
compatibility of architectural styles within historic sites and neighborhoods;
(c) to identifY and designate areas which have a significant concentration or continuity of
sites, buildings or objects unified by past events or physical development;
(d) to encourage restoration of historic buildings and neighborhoods throughout the City.
Section 27.20 Permitted Used and Conditional Use Permits
Permitted uses in both the Historic Site and Historic Neighborhood Combining Districts
include all uses which are permitted in the base district.
Any use which is listed as a conditional use for the base district may be allowed to locate
within a Historic Site or Neighborhood Combining District subject to the Planning
Commission making all of the following findings:
(a) The proposed conditional use is compatible with the historic nature of the property
and would require minimal alteration to the building or site; and
(b) All proposed and/or required alterations would not alter the historic significance of the
building or site; and
(c) The site is adequate to accommodate any required parking, landscaping or other
amenities required as a condition of approval ofthe conditional use permit.
Conditional use permits for uses other than those listed as conditional uses for the base
district, including, but not limited to, bed and breakfast establishments of more than two (2)
guestrooms, may be granted if the above findings are made by the Historic Heritage
Committee and the Planning Commission.
Section 27.30 Establishment of Historic Site and Neighborhood Combining Districts
The establishment ofa Historic Site or Historic Neighborhood Combining District may be in
combination with any residential, commercial, industrial or other base district as defined in this
Ordinance. The establishment or removal of either a Historic Site or Historic Neighborhood
Combining District shall be processed as a zone change. The Historic Heritage Committee
shall review all applications for historical designation or removal of historical designation and
pass its recommendations on to the Planning Commission and City Council. The zone change
fees, which are established from time to time by the City Counca shall be waived for the
establishment of, but not the removal of, either a Historic Site or Neighborhood Combining
District.
27-1
Section 27.31
Any area or combination of sites within the City may be designated as a Historic
Neighborhood Combining District ifit meets anyone of the following criteria:
(a) the neighborhood possesses a significant concentration or continuity of sites,
buildings, structures, or objects unified by past events or physical development,
or;
(b) the neighborhood represents an established and familiar visual feature of the
community, or;
(c) the collective historic value of the neighborhood taken together is of greater
value than each individual structure.
Section 27.32
Any site within the City may be designated as a Historic Site Combining District if it
meets anyone (1) ofthe following criteria:
(a) it exemplifies or reflects special elements of the City's cultural, social,
economic, political, aesthetic, engineering or architectural history, or;
(b) it is identified with persons or events significant in local, state or national
history, or;
(c) it embodies distinctive characteristics of a style, type, period or methods of
construction, or is a valuable example of the use of indigenous materials or
craftsmanship, or;
(d) it is representative of the work ofa notable builder, designer or architect.
Section 27.40 Design Review Procedures
Applications to construct new structures, alter, change, modifY, remove or significantly alter
the exterior of any structure within a Historic Site or Neighborhood Combining District shall
require architectural and site approval according to the provisions of Section 50.40 of this
Ordinance. An application shall be denied if the changes would jeopardize the building's or
neighborhood's architectural or historical value. Interior remodeling or routine maintenance
or repair of the exterior features ofa structure in a Historic Site or Historic Neighborhood
Combining District shall not require architectural and site review.
Section 27.41
In a Historic Neighborhood Combining District, the design of the following proposed
structures or remodeling shall be reviewed according to the provisions of Section
50.40 of this Ordinance:
(a) construction of any type ofa building that will effect the exterior appearance of
the site, neighborhood, or any structure on the site or in the neighborhood;
(b) new construction;
27-2
(c) relocation of any structure in or removal from a Historic Neighborhood
Combining District.
(d) remodeling offifty percent (50%) or more of the facade of any structure.
Section 27.42
In a Historic Site Combining District, but not in a Historic Neighborhood Combining
District, the design of the following proposed structures or remodeling shall be
reviewed according to the provisions of Section 50.40 of this Ordinance:
(a) exterior alterations to any building;
(b) interior alterations that would effect the exterior of a building;
(c) construction of any type on a building that will effect the exterior appearance
ofthe site, or any structure on the site;
(d) new construction;
(e) relocation of any structure into or removal from a Historic Site Combining
District
Section 27.50 Demolition Procedures
All demolition applications for structures located in either a Historic Site or Neighborhood
Combining District shall be reviewed by the Historic Heritage Committee which shall forward
its recommendations to the Planning Commission. Architectural and Site approval shall not
be given for any new construction until the City Council has approved the demolition request.
Upon application for demolition where a structure or portion ofa structure in a Historic Site
or Neighborhood Combining District has been substantially destroyed by fire, explosion,
earthquake or flood, the Chief Building Inspector and Planning Director, after inspection of
the damage, may issue the demolition permit immediately, only when they both determine that
there is imminent danger to life, limb or health of the public and the structure is obviously not
restorable due to such damage.
Section 27.51 Historic Neighborhood Demolition Procedures
After review of each request for demolition, the Planning Commission may
recommend approval or conditional approval, or may deny the request. The Planning
Commission determination for denial shall be final unless a written appeal to the City
Council is filed within fifteen (15) days. In order to approve or conditionally approve
a demolition request within a Historic Neighborhood Combining District, the Planning
Commission and City Council must make the following findings:
(a) demolition of the structure will not have a significant impact on the historic
character of the neighborhood, and
(b) the structure proposed for demolition is obviously not restorable.
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If the Planning Commission recommends approval or conditional approva4 the
Planning Director shall forward to the City Council the demolition request with the
Planning Commission's recommendation. After review of the request, the City Council
may approve, conditionally approve or deny the request.
Section 27.52 Historic Site Demolition Procedures
Within a Historic Site Combining District, non-historic accessory buildings may be
demolished through the procedure set forth above for structures in a Historic
Neighborhood Combining District.
Demolition of or relocation of a historically significant structure within a Historic Site
Combining District shall first require removal of the Historic Site Combining District
designation through the zone change process as provided in this Ordinance. Removal
of the Historic Site Combining District is not required where a historically significant
structure would remain on the site, despite the demolition of other historic or non-
historic structures on the site. A request for demolition or relocation may be
processed concurrently with the request for a change of district. In order to approve
or conditionally approve a demolition request within a Historic Site Combining
District, the Historic Heritage Committee, the Planning Commission and City Council
must make the following findings:
(a) The structure proposed for demolition is obviously not restorable, and
(b) The applicant's attempts to preserve the structure have proven inconclusive,
including, but not limited to:
(1) Documented advertisements publicizing the availability of the structure
for purchase for restoration purposes; and
(2) A map showing investigation into possible sites for relocation of the
structure; and
(3) Documented letters offering the donation of the structure to non-profit
organizations for relocation.
The Planning Commission or City Council may suspend action on removal of the
Historic Site Combining District designation and demolition application for a period
not to exceed one hundred eighty (180) days to allow sufficient time for necessary
steps to be taken to preserve the structure. Thereafter, the Planning Commission may
recommend approval and the City Council may approve the application for removal of
the Historic Site Combining District designation and demolition following a
determination that no means of preservation is feasible and that the requested district is
appropriate.
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Section 27.53 u~neral Demolition Procedures
Each request for the demolition of any building over :fifty (50) years old which is not in
a Historic Site or Neighborhood Combining District, but meets any of the four findings
of criteria defined under Section 27.32 as determined by the Planning Division, shall be
accompanied by one clear photograph, of the front ofthe building, submitted by the
applicant. The age ofthe structure shall be determined or verified through public
records or from an inspection. A demolition permit shall not be issued for such
building until the Planning Director, with assistance from the Historic Heritage
Committee, has had a period not to exceed thirty (30) days to investigate, document
and photograph the building and attempt to arrange for the preservation of the
building. After the expiration ofthe thirty (30) day period, the permit may be issued in
accordance with the building department procedures. The thirty (30) day period may
be waived by the Chief Building Inspector where there is imminent danger to life, limb
or health of the public which requires immediate demolition.
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City of Gilroy ZONING ORDINANCE
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SECTION 28
ADULT BUSINESSES
Section 28.10 Definitions
In addition to the definitions contained in Section 2 of the Zoning Ordinance, the following
words and phrases shall, for the purposes of this Section, be defined as follows, unless it is
clearly apparent from the context that another meaning in intended. Should any of the
definitions be in conflict with the current provisions of the Zoning Ordinance, the definitions
in this chapter shall prevail:
ADUL T BUSINESS. "Adult Business" shall mean those businesses meeting one
or more of the following definitions:
ADUL T ARCADE. "Adult Arcade" shall mean establishment or portion thereof where, for
any form of consideration, one or more still or motion picture projectors, slide projectors, or
similar machines, or other image producing machines, for viewing by five (5) or fewer
persons each, are used to show films, motion pictures, video cassettes, computer displays,
slides, or other photographic reproductions which are characterized by the depiction or
description of "Specified Sexual Activities" or "Specified Anatomical Areas."
ADUL T BOOKSTORE. ADULT NOVELTY STORE. OR ADULT VIDEO STORE.
"Adult Bookstore," "Adult Novelty Store," or "Adult Video Store" shall mean a commercial
establishment which as a substantial portion of its stock-in-trade or a substantial portion of its
revenues or devotes a substantial portion of its interior business or advertising to the sale,
rental or viewing for any form of consideration, or anyone or more of the following: books,
magazines, periodicals or other printed matter, or photographs, films, motion pictures, video
cassettes, slides, computer software or other visual representations which are characterized
by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas", or instruments, devices or paraph~rnalia which are designed for use in connection
with "Specified Sexual Activities."
(a) An establishment may have other principal business purposes or operations
that do not involve the offering for sale, rental, or viewing of materials depicting or
describing "Specified Sexual Activities" or "Specified Anatomical Areas," and still
be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such
other business purposes or operations will not serve to exempt such establishments
from being categorized as an Adult Bookstore, Adult Novelty Store or Adult Video
Store so long as one of its principal
(b) Business purposes is offering for sale or rental, for some form of
consideration, the materials specified above.
(c) Exclusion. A commercial establishment shall not be considered to be an
Adult Bookstore, Adult Novelty Store, or Adult Video Store, and shall not be
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required to obta1.l1 an "Adult Business Permit" under this I",.iapter where (a) the
commercial establishment rents or sells the material set forth above exclusively for
off-premises use by the customer, and (b) a substantial portion of its business is not in
selling or renting the material set forth above.
ADUL T CABERET. "Adult Cabaret" shall mean a nightclub, bar, restaurant, bottle club, or
similar commercial establishment, whether or not alcoholic beverages are served, which
features: 1) persons who appear Semi-Nude; 2) live performances which are characterized by
the exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities," or 3)
fihns, motion pictures, video cassettes, computer software, slides, or other photographic
reproductions which are characterized by the depiction or description of "Specified Sexual
Activities" or "Specified Anatomical Areas."
ADUL T DANCE STUDIO. "Adult Dance Studio" shall mean any establishment or
business which provides for members of the public a partner for dance where the partner is
"Nude" or "Semi-Nude" or where the partner, or the dance, is distinguished or characterized
by the emphasis on matter depicting, or describing or relating to "Specified Sexual
Activities" or "Specific Anatomical Areas."
ADULT ENTERTAINMENT ENTERPRISE. "Adult Entertainment Enterprise" shall
mean a commercial establishment, other than one defined in this subsection as an Adult
Business, which has, as one of its principal business purposes, the offering of forms of
entertainment on its premises involving the depiction or description of "Specified Sexual
Activities" or "Specified Anatomical Areas."
ADULT HOTEL OR ADULT MOTEL. "Adult Hotel" or "Adult Motel" shall mean a
hotel or motel or similar commercial establishment which: 1) offers public accommodations,
for any form of consideration, which provides patrons with closed-circuit television
transmissions, fihns, motion pictures, video cassettes, computer software, slides or other
photographic reproductions which are characterized by the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical Areas" and which advertises the
availability of this sexually oriented type of material by means ofa sign visible from the
public right-of-way, or by means of any off-premises advertising including, but not limited
to, newspapers, magazines, pampWets or leaflets, radio or television, or, 2) offers a sleeping
room for rent for a period oftime less than ten (10) hours; or 3) allows a tenant or occupant
to sub rent the sleeping room for a time period ofless than ten (10) hours.
ADULT MOTION PICTURE THEATER. "Adult Motion Picture Theater" shall mean a
commercial establishment where fihns, motion pictures, video cassettes, computer software,
slides or similar photographic reproductions characterized by the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical Areas" are regularly shown for any
form of consideration.
ADUL T THEATER. "Adult Theater" shall mean a theater, concert hall, auditorium, or
similar commercial establishment which, for any form of consideration, regularly features
persons who appear Semi-Nude or live performances which are characterized by exposure of
"Specified Anatomical Areas" or by "Specified Sexual Activities."
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ESCORT AGENC\ "Escort Agency" shall mean a person o~ ..1usiness association which
furnishes, offers to furnish, or advertises to furnish "Escorts" as one of its primary business
purposes for a fee, tip, or other consideration.
FIGURE MODELING STUDIO. "Figure Modeling Studio" shall mean any establishment
or business which provides for members of the public, the services of a live human model for
the purposes of reproducing the human body, wholly or partially in the nude, by means of
photograph, painting, computer software, sketching, drawing, or other pictorial form.
MASSAGE PARLOR. "Massage Parlor" shall mean any place where, for any form of
consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment manipulation of the human body which occurs as
a part of or in connection with "Specified Sexual Activities," or where any person providing
such treatment, manipulation, or service related thereto, exposes "Specified Anatomical
Areas." The definition of Adult Business shall not include the practice of massage in any
licensed hospital, nor by a licensed hospital, nor by a physical surgeon, chiropractor or
osteopath, nor by a nurse or technician working under the supervision of a licensed surgeon,
chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional
athlete or athletic team for a school athletic program, nor by any California State licensed
massage practitioners.
SEXUAL ENCOUNTER ESTABLISHMENT. "Sexual Encounter Establishment" shall
mean a business or commercial establishment that as one of its primary business purposes,
offers for any form of consideration, a place where two or more persons may congregate,
associate, or consort for the purpose of "Specified Sexual Activities" or the exposure of
"Specified Anatomical Areas" or activities when one or more of the persons is Semi-Nude or
in the State ofNudity. The definition of Adult Business shall not include an establishment
where a medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the State of California engages in medically approved and recognized sexual
therapy.
SEMI-NUDE MODEL STUDIO. "Semi-Nude Model Studio" shall mean any place where
a person, who appears Semi-Nude or displays "Specified Anatomical Areas" is provided for
money or any form of consideration to be observed, sketched, drawn, painted, sculpted,
photographed, or similarly depicted by other persons.
ADUL T BUSINESS PERMIT. "Adult Business Permit" shall mean that permit issued by
the Chief of Police pursuant to the Municipal Code regulating Adult Business.
EMPLOYEE. "Employee" shall mean person who works or performs in and/or for an Adult
Business, regardless of whether or not said person is paid a salary, wage or other
compensation by the Operator of said business.
ESCORT. "Escort" shall mean a person who, for any form of consideration or gratuity,
agrees or offers to act as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease for another person.
(ESTABLISH. "Establish" shall mean and include any of the following:
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(a) To open uf commence any such business as a new vdsiness; or
(b) To convert an existing business, whether or not an Adult Business, to any of
the Adult Businesses defined in this Section; or
(c To add any of the Adult Businesses defined in this Section to any other
existing Adult Business; or
(d) To relocate any such Adult Business.
(e) To expand by ten percent (10%) or more that portion of the floor area of the
premises open to the public as an Adult Business. If an Adult Business has obtained
a Use Permit under the requirements set forth in Section 28 of the Zoning Ordinance,
the maximum 10% expansion requirement is measured over the term of the Use
Permit.
MATERIAL. "Material" relative to Adult Businesses, shall mean and include, but is not
limited to, accessories, books, correspondence, photographs, prints, drawings paintings,
motion pictures, computer software, and pamphlets, or any combination thereof.
NUDITY OR STATE OF NUDITY. ''Nudity or State of Nudity" shall mean the
appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or
nipple of the female breast. ''Nudity or State of Nudity" shall not mean nor include a person
who appears in a State of Nudity in a modeling class operated:
(a) By a proprietary school, licensed by the State ofCalifomia; a college, junior
college, or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college, or university
supported entirely or partially by taxation; or
(c) In a structure which: (a) has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing; and (b)
where, in order to participate in a class, a student must enroll at least three (3) days in
advance of the class; and (c) where not more than one nude model is on the premises
at anyone time.
OPERA TOR. "Operator" shall mean and include the owner, "Permitee," general manager,
operator or person in charge of an Adult Business or proposed Adult Business.
PERMITEE. "Permitee" shall mean a Person in whose name a Permit to operate an Adult
Business has been issued, as well as the individual listed as an applicant on the application
for a Permit.
PUBLIC BUILDING WITH PROGRAMS FOR MINORS. "Public Building with
Programs for Minors" shall mean any publicly owned building wherein training, education,
or any other program designed primarily for minors is conducted.
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PUBLIC PARK OR .~CREATION AREA. "Public Park o~ ~....ecreation Area" shall mean
public land which has been designated for park, recreational, or arts activities including, but
not limited to, a park, playground, swimming pool, reservoir, athletic field, basketball or
tennis courts, or similar public land.
RELIGIOUS INSTITUTION. "Religious Institution" shall mean any church, synagogue,
mosque, temple or building which is used primarily for religious worship and related
religious activities.
RESIDENTIAL ZONE. "Residential Zone" shall mean property which is zoned for a
single family house, duplex, townhouse, multiple family dwelling(s), or mobile home park or
subdivision, and campground, recreational trailer park, or travel trailer park.
SCHOOL. "School" shall mean any publicly or privately owned or operated educational
Center or Day Care.
SEMI-NUDE. "Semi-Nude" shall mean a state of dress in which clothing covers no more
than the genitals, pubic region, and areola of the female breast, as well as portions of the
body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. "Specified Anatomical Areas" shall mean and
included any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breast below a point immediately above the top of the
areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
SPECIFIED CRIMINAL ACT(S). "Specified Criminal Act(s)" shall mean acts which are
sexual crimes against children, sexual abuse, sexual assault, rape, prostitution, solicitation of
prostitutes, pandering, pimping, unlawful acts of sexual intercourse, sodomy, oral copulation,
or masturbation occurring on the premises of an Adult Business, or crimes including, but not
limited to, distribution of obscenity or material hannful to minors.
SPECIFIED SEXUAL ACTIVITIES. "Specified Sexual Activities" shall mean and
included any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy; or
( c) Masturbation, actual or simulated; or
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(e) Excretory functions as part of or in connection with any of the activities set
forth in subdivisions 1 through 4 of this subsection.
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TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS.
"Transfer of Ownership or Control of an Adult Business" shall mean and include any of the
following:
(a) The sale, lease or sublease of the business; or
(b) The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift or other similar legal device which transfers
ownership or control of the business.
USE PERMIT. "Use Permit" shall mean a conditional use permit approved by the City of
Gilroy in accordance with its Zoning Ordinance regulations including this Seciton.
VIEWING BOOTH. "Viewing Booth" shall mean any portion of an Adult Business which
portion is:
(a) Partially enclosed; and
(b) Has a floor area ofless than one hundred fifty (150) square feet; and
(c) Is designed for viewing films, motion pictures, video cassettes, computer
displays, slides, or other photographic reproductions which are characterized by the
depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas. "
Section 28.20 Prohibition
(a) A Person shall not use any premises for an Adult Business or Establishment or
operate an Adult Business except within the Shopping Center Commercial District
(C3) excluding C3 property that is part ofa block which abuts First Street, unless
otherwise permitted in this Section, and then only as specified in this Section, and
subject to all other applicable regulations enumerated in the Zoning Ordinance, the
Gilroy City Code and State or Federal law.
(b) Upon the Transfer of Ownership or Control of an Adult Business in existence
upon the effective date of this Section which is located outside the Shopping Center
Commercial District (C3), such Adult Business shall cease its operations or otherwise
be deemed in violation of this Section and the Zoning Ordinance.
(c) No Person shall use any premises for a Sexual Encounter Establishment or
operate a Sexual Encounter Establishment in any zoning district of the City.
Section 28.30 Locational Regulations
(a) No Person shall Establish or cause or permit to be Established an Adult
Business premises within 1,000 feet of another Adult Business premises, within one
thousand (1,000) fee of any School, Public Park or Recreation Area, Public Building
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with Progra.tlli>~~r Minors, or within two hundred fifty t-_J) feet of any Residential
Zone or Religious Institution.
(b) Any Adult Business lawfully established and lawfully operating under the
Zoning Ordinance and the City Code is not in violation of these regulations by the
subsequent establishment of a School, Public Park or Recreation Area, Public
Building with Programs for Minors, Residential Zone, or Religious Institution within
the respective distances specified in subsection (A) above for each type of use. This
provision applies only to the renewal of a valid Use Permit and does not apply when
an application for a Use Permit is submitted after a Use Permit has expired or has
been revoked.
Section 28.40 Measurement of Distance
(a) Distance between any two Adult Business premises shall be measured in a
straight line, without regard to intervening structures or objects, from the nearest
entrance of an Adult Business premises to the nearest entrance of the section Adult
Business premises. The distance between any Adult Business premises and any
Religious Institution, School, Public Park or Recreation Area, Public Building with
Programs for Minors or Residential Zone shall also be measured in a straight line,
without regard to intervening structures or objects, from the nearest entrance ofthe
Adult Business premises to the nearest property line of a Religious Institution,
School, Public Park or Recreation Area, Public Building with Programs for Minors or
Residential Zone.
Section 28.50 Use Permits
Section 28.51 Use Permit--Requirement
(a) Adult Businesses shall be conditionally permitted in the Shopping Center
Commercial District (C3), except for C3 property that is part of a block which abuts
First Street. In addition to those regulations governing conditional use permits set
forth in the Zoning Ordinance and except as modified in this Section, and in addition
to those regulations set forth in the Gilroy City Code, any Adult Business shall be
subject to the following regulations:
(b) All persons wishing to Establish an Adult Business within the City must apply
for a Use Permit, and cannot Establish such a business until a Use Permit is granted
and effective.
(c) An Adult Business which was in existence prior to the enactment of this
Section may continue its use for a period ofthree (3) years from the effective date of
this Ordinance and shall not be required to obtain a Use Permit prior to the end of that
time period unless it otherwise meets one of the conditions contained in the definition
of "Establish."
(d) I t is the burden of the applicant to supply evidence to justify the grant of a use
Permit.
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(e) Any PerSvll desiring to operate an Adult Business h~(hin the City shall file
with the Planning Division a Use Permit application on a standard application form
supplied by the planning Division, and, in addition, provide the information and
documents required pursuant to Section 28.60.
(f) In addition to any conditions that may be placed on the approval of a Use
Permit by the Planning Commission or by the City Council on appeal, no Use Permit
shall become effective until such time as the Permittee has received an Adult
Business Permit from the Chief of Police.
Section 28.52 Use Permit--Contents of Application
(a) The applicant shall be the Operator of the proposed Adult Business.
(b) The application must also be signed by the property owner if different from
the applicant.
(c) The application shall include the property owner's and the applicant's mailing
address, and name and phone number of the person who is responsible for providing
access to the proposed use for inspection purposes.
(d) The application shall list the legal form of the applicant; e.g., individual,
partnership, corporation:
(e) If the applicant is an individual, the application shall list his or her legal name,
and any aliases;
(f) If the applicant is a partnership, the application shall list the fully and
complete name ofthe partnership, the legal names of all partners, and all aliases used;
and
(g) If the applicant is a corporation, the application shall list the full and complete
corporate name, the legal names, and all aliases used by officers, directors and
principal stockholders (i.e., all stockholders with 10% or more of all outstanding
shares).
(h) The application shall list whether, preceding the date of application, the
applicant or any ofthe individuals listed pursuant to the subdivision C of this
subsection, has:
(I) Had a previous Use Permit under this Section revoked, as well as the date of
such revocation, and
G) Whether the applicant has been a partner in a partnership or an officer,
director or principal stockholder of a corporation whose Use Permit under this
Section has been revoked, as well as the date of the revocation.
(k) The application shall include a description of the proposed use, including
reference to definitions in this Section.
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(1) The apPL..,ution shall include a statement that the k ~dtional regulations of
28.30 have been satisfied using the method of measurement described in 28.40.
(m) The application shall include accurately scaled plot plans indicating the
structure in which the Adult Business is to be conducted and identifying and locating
all land uses and property lines within a radius of one thousand two hundred fifty
(1,250) feet of the structure.
(n) If the Adult Business proposes to operate a Viewing Booth(s), the applicant
shall not only fully comply with the Gilroy City code provisions concerning Viewing
Booths, but the applicant shall also submit a diagram of the interior premises in
accordance with the requirements set forth in the Gilroy City Code as part of the
contents of the application.
Section 28.53 Use Permit--Application Fee
(a) The City Council, by resolution, shall set a reasonable non-refundable
application fee for a use Permit for an Adult Business. The fee shall not exceed the
reasonable estimated costs of the City to process the permit application.
Section 28.54 Use Permit-- Time to Grant or Deny
(a) Within thirty (30) days from the date the application for a Use Permit for an
Adult Business is date-stamped received at the Planning Division, the Planning
Division Manager shall determine if it is complete, and if incomplete, shall notify the
applicant in writing of its specific deficiencies. If a written determination is not
provided to the applicant within thirty (30) days after it is submitted to the Planning
Division, the application shall be deemed complete.
(b) The Planning Commission shall grant, conditionally grant, or deny an
application for a Use Permit for an Adult Business within three (3) months from the
date the application is deemed to be complete in all cases except where a negative
declaration or Environmental Quality Act's Guidelines, and its processing cannot be
completed within the above time limit. In such instance, the application shall be
diligently processed, but the timelines set forth in the State law will control.
(c) All department or agency inspections, including, but not limited to health, fire,
and building inspections, which are required for the Planning Commission to consider
the issuance ofa Use Permit shall be completed within the time limits for Planning
Commission action provided in this Section.
Section 28.55 Use Permit--Development and Performance Standards
(a) Adult Businesses shall comply with all of the following development and
performance standards:
(b) Advertisements, displays or other promotional materials depicting or
describing "Specified Anatomical Areas" or "Specified Sexual Activities," or
displaying instruments, devices, or paraphernalia which are designed for use in
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connection with Specified Sexual Activities" shall not bt; ,",_dOwn or exhibited so as to
be visible from other areas open to the general public.
( c ) All building openings, entries, and windows for an Adult Business shall be
located, covered, or screened in such a manner as to prevent a view into the interior of
an Adult Business from any area open to the general public.
(d) All entrances to an Adult Business shall be clearly and legibly posted by a
notice indicating that minors are prohibited from entering the premises.
(e) No loudspeakers or sound equipment shall be used by an Adult Business for
the amplification of sound to a level discernible by the public beyond the walls of the
building in which the Adult Business is conducted.
(f) No residential structure or any other non-conforming structure shall be
converted for use as an Adult Business after enactment of the provisions of the
Section.
(g) An on-site security program, including required interior and exterior lighting
plans, shall be prepared and implemented. The security program shall include the
following:
(h) The presence of an on-site manager during all business hours.
(I) All off-street parking areas and building entries serving the Adult business
shall be illuminated during all hours of operation with a lighting system designed to
provide a minimum maintained horizontal illumination of greater than one (1) foot
candle light on the parking surface and/or walkway. In the event the Adult Business
shares its parking with other businesses, this requirement shall only apply within a
radius of one hundred (100) feet from any entrance to the Adult Business.
G) All interior portions of the Adult Business, except those areas devoted to
mini-motion or motion pictures, shall be illuminated during all hours of operation
with a lighting system designed to provide a minimum maintained horizontal
illumination of not less than two (2) foot candles of light at the floor.
(k) All exterior areas of Adult Businesses, including buildings, landscaping and
parking areas, shall be maintained in a clean and orderly manner.
(1) An Adult Business shall not remain open for business, or permit any
Employee to engage in a performance, solicit a performance, make a sale, solicit a
sale, provide a service, or solicit a service, between the hours of 1 :00 a.m. and 8:00
a.m. of any particular day. These hours of operation may be further restricted in the
conditions approving a Use Permit for an Adult Business.
Section 28.56 Use Permit--Denial
(a) The Planning Commission shall deny the application for a Use Permit for any of
the following reasons:
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(b) The appu..-ation does not meet the standards set fL. ..1 in Section 50.32.
(c) An applicant or an applicant's spouse is overdue on his/her payment to the
City of taxes, fees, fines, or penalties assessed against him/her or imposed upon
him/her in relation to an Adult Business.
(d) An applicant has failed to provide information required on the application for
the issuance ofthe Use Permit or has falsely answered a question or request for
information on the application form.
(e) The premises to be used for the Adult Business have not been approved as
being in compliance with health, fire and building codes by the department or agency
responsible under law for investigating said compliance.
(f) The required application or permit fees have not been paid.
(g) The proposed location is in violation of, or is not in compliance with, any of
the provisions of this Section including, but not limited to, the locational requirements
for an Adult Business under this Section.
(h) The granting of the application would violate a City or County, State or
Federal statute, ordinance, regulation or court order.
(I) The applicant has had a Use Permit under this Section, or an Adult Business
Permit revoked within the preceding twelve (12) months.
G) The proposed use does not conform to the requirements of the Zoning
Ordinance and provisions of the Gilroy City Code.
(k) The applicant has applied for a Use Permit for a particular location within a
period of twelve (12) months from the date of denial by the City of a previous
application for a Use Permit at the same location, and there has not been an
intervening change in the circumstances which could reasonably be expected to lead
to a different decision regarding the former reasons for denial.
Section 28.57 Use Permit--Expiration
(a) Any unrevoked Use Permit or renewed Use Permit issued pursuant to this
Section, shall, but its own terms, contain a specified expiration date no later than
three (3) years after its issuance.
(b) Any Use Permit approved pursuant to this Section shall become null and void
unless the proposed use is established within one (1) year of the date of the approval.
Section 28.58 Use Permit--Renewal
(a) Any unrevoked Use Permit issues pursuant to this Section may be renewed
upon written application to the Planning Commission made at least thirty (3) calendar
days before the expiration date ofa current, valid Use Permit and payment of the then
current non-refundable application fee. A Use Permit shall remain valid pending the
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Planning COIllIIl1"sion's decision if the Permitee has timely ...tied the application for
renewal with proper fee payment. For good cause, the Planning Commission may
extend the time for filing a renewal application for up to ninety (90) days and may
extend the prior Use Permit pending decision on the renewal application.
(b) The application for renewal shall supply current information with respect to
each category of information required in the initial application. Within thirty (30)
days from the date the application for a Use Permit for an Adult Business is date-
stamped and received at the Planning Division, The Planning Division Manager shall
determine if it is complete, and if incomplete, shall notify the applicant in writing of
its specific deficiencies. If a written determination is not provided to the applicant
within thirty (30) days after it is submitted to the Planning Division, the application
shall be deemed complete.
( c ) The Planning Commission shall make its decision on an application for the
renewal of a Use Permit for an Adult Business within three (3) months from the date
the application is deemed to be complete in all cases except where a negative
declaration or Environmental Impact Report is required under the California
Environmental Quality Act's Guidelines, and its processing cannot be completed
within the above time limit. In such instance, the application for the renewal shall be
diligently processed, but the timelines set forth in the State Law will control. The
Planning Commission may extend the Use Permit without change to the original
conditions of approval, with amended or deleted conditions, or deny the extension.
(d) All department or agency inspections, including, but not limited to, health,
fire, and building inspections, which are required for the Planning Commission to
consider the renewal of a Use Permit shall be completed within the time limits for
Planning Commission action provided in this Section.
Section 28.59 Use Permit--Revocation
(a) Any Use Permit issued pursuant to the provisions of this Section may be
revoked in accordance with the procedures set forth below.
(b) The Planning Division Manager shall report all facts and information relating
to the alleged violation(s) of this Section or of the conditions of the Use Permit to the
Planning Commission, who shall set the matter for a public hearing at the first
available regularly scheduled meeting of the Planning Commission not less than two
(2) weeks nor later than thirty (30) days after receipt of the report.
(c) Written notice of the hearing on the proposed Use Permit revocation together
with written notification of the specific grounds of complaint against the Permittee
shall be personally delivered or sent by certified mail to the address on the
Permittee's application for the Use Permit at least ten (10) days prior to the hearing.
(d) The Planning Commission shall revoke a Use Permit if it makes one or more
of the following findings:
(e) The use for which the Use Permit was granted is being exercised in violation
of any of the provisions of this Section.
28-12
(f) The use for which the Use Permit was granted is being exercised contrary to
the terms or conditions of such permit.
(g) The Permittee gave fraudulent or misleading information in the materials
submitted during the application process that tended to enhance the applicant's
opportunity for obtaining a Use Permit.
(h) The use for which the Use Permit was granted is being exercised so as to be
detrimental to the public health and safety.
(i) The use for which the Use Permit was granted is being exercised so as to
constitute a nuisance.
G) The use for which the Use Permit was granted has ceased to exist for one (1)
year or more.
(k) The use for which the Use Permit was granted is being exercised contrary to
or in violation of any City or County, State or Federal Statute, ordinance, regulation
or court order.
(1) The Planning Commission, following the termination of the public hearing,
shall not later than its next regular meeting unless this time limit is extended by
agreement of the parties having an interest in the proceedings, act to revoke the Use
Permit or modify the conditions ofthe Use Permit or determine not to revoke or
modify the Use Permit.
Section 28.60 Appeal
(a) Within ten (10) days after the decision of the Planning Commission on a Use
Permit, the Planning Division Manager shall mail a copy of the resolution adopted by
the Planning Commission setting forth its findings and decision to the applicant
and/or Permittee and to any other person who has filed a written request for such
notification
(b) Any person may appeal a decision of the Planning Commission made
pursuant to this Section to the City Council in writing consistent with the time limit
and procedures set forth in Section 51.50 of the Zoning Ordinance.
(c) An appeal shall be processed and determined pursuant to Sections 51.50,
51.60 and 51.70 of the Zoning Ordinance. The City Council hearing shall be de
novo. In reaching its decision, the City Council shall not be bound by formal rules of
evidence.
(d) Notice of the City Council's decision pursuant to Section 51.70 shall be
mailed to the applicant, and to the appellant if different from the applicant.
28-13
Section 28.70 Judicial h..eview
(a) After a final decision of the City Council on a Use Permit, the applicant or
Permittee or other Person having standing may seek prompt judicial review of such
action in any court of competent jurisdiction. The City has adopted Code of Civil
Procedure Section 1094.6 setting a time limit for seeking review of administrative
decisions that are subject to review under Code of Civil Procedure Section 1094.5.
Section 28.80 Applicability to Other Regulations
The provisions of this Section are not intended to provide exclusive regulation of the
regulated adult uses. Such uses must comply with any and all applicable regulations imposed
in other articles of the Zoning Ordinance, other City ordinances, the Gilroy City Code and
State and Federal law.
Section 28.90 Conduct Constituting a Public Nuisance
In addition to other remedies for violation of the Zoning Ordinance, the conduct of any Adult
Business within the City in violation of any of the terms of this Section is hereby found and
declared to be a public nuisance.
Section 28.95 Severability
If any section, subsection, subdivision, sentence, clause, phrase or word of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have passed and adopted this Ordinance, and each
and all provisions hereof, irrespective of the fact that one or more provisions may be declared
invalid or unconstitutional.
28-14
City of Gilroy
A
v:#
LONING ORDINANCE
SECTION 29-30
RESERVED FOR FUTURE DISTRICTS
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LONING ORDINANCE
SECTION 31
OFF-STREET PARKING REQUIREMENTS
\.
Section 31.10 Statement of Intent
It is the intent of this Section to require off-street parking and loading spaces on each parcel for
all land uses within the City of Gilroy sufficient in number to accommodate all vehicles of
residents, employees, customers, clients and others which may congregate at any point in time in
order to reduce on-street parking and improve traffic and pedestrian safety.
Section 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 ofa 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 for each
land use or activity in accordance with the following schedule, as shown:
Type of Use
Off-Street Parking Stalls Required
Section 31.21 Residential Use Off-Street Parking Requirements
Accessory dwelling units
One (1) stall per unit
Bed and Breakfast Establishment
Two (2) stalls, one of which shall be a covered carport or garage, plus one (1) stall per
two (2) guest rooms
Multiple family
One and one-half(1 2) stalls per one bedroom or two bedroom dwelling unit and (2) stalls
for each unit having three (3) or more bedrooms or rooms which could be used as
bedrooms, plus one (1) stall for every four (4) units for guests. One (1) stall for each unit
shall be covered with a garage or carport.
Rooming houses, residence clubs, fraternity and sorority houses
One (1) stall for every two (2) occupants plus four (4) stalls
Single and two-family dwellings
Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage
31-1
Section 31.22 h.~~reational Use Off-Street Parking Re..._.irements
Auditoriums and exhibit halls without fixed seats
One (1) stall per one hundred (100) gross square feet
Bowling centers
Six (6) stalls per alley, plus one (1) stall for each shift employee
Billiard and card rooms
Two (2) stalls per table or one-half (2) stall for each seat, whichever is greater
Commercial swimming pools
One (1) stall per one hundred (100) square feet of pool area
Golf driving and shooting ranges
One and one-half (12) stalls per station
Dance halls
One (1) stall for each five (5) seats or fifty (50) square feet of dance floor, whichever is
greater
Private clubs without overnight accommodations
One (1) stall for every four (4) persons of maximum occupancy of the facility, plus one
(1) space for each regular employee
Skating rinks and commercial recreational areas (e.g. waterslides)
One (1) stall for each one hundred (100) square feet of skating or recreational area, plus
one (1) stall for each shift employee
Tennis, handball and racket courts
Two (2) stalls per court, plus one (1) stall for each shift employee
Theaters and auditoriums
One (1) stall for every four (4) seats, or one (1) stall for each 50 square feet of net floor
area for assembly, whichever is greater.
Section 31.23 Institutional Use - Off-Street Parking Requirements
Assisted Living Facility
Eight-tenths (0.8) 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 50 square feet of net floor
area for assembly, whichever is greater.
31-2
Colleges, art, l.. _it, music and dancing schools and bu;;'u..ess, 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 on (1) stall per two (2) employees, plus one
(1) stall for every four (4) beds
Day care centers and nursery schools
One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every
five (5) children
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
Section 31.24 Office, Medical and Financial Uses
Banks, lending agencies, financial and governmental institutions, public utility
offices (including drive-up facilities)
One (1) stall per three hundred (300) square feet of gross floor area
Medical, dental, optometry, veterinarian, or chiropractic offices and clinics
One (1) stall per one hundred fifty (150) square feet of gross floor area, or six (6) stalls
per doctor, whichever is less
Research facilities
One (1) stall per employee, plus one (1) stall per five hundred (500) square feet of gross
floor area
All other professional offices
One (1) stall per three hundred (300) square feet of gross floor area
31-3
Section 31.25 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
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
31-4
Section 31.26 Industrial Uses
Manufacturing plants, research and development facilities, light industrial uses,
wholesale service establishments, and laboratories
One (1) stall per three hundred fifty (350) square feet of gross floor area
Speculative Industrial Buildings
One (1) stall per three hundred fifty (350 ) square feet of gross floor area.
Warehouses under ten thousand (10,000) square feet of gross floor area
Six (6) stalls per business; minimum: ten (10) spaces per parcel
Warehouses over ten thousand (10,000) square feet of gross floor area
One (1) stall per five thousand (5,000) square feet of gross floor area; minimum: ten (1 0)
stalls per parcel
Wholesale sales (with limited retail)
One (1) stall per six hundred (600) square feet of gross floor area
Section 31.30 General Off-Street Parking Requirements
Section 31.31
The parking requirements listed in the parking schedule are minimum. The maximum
parking requirements allowed are ten (10) percent above those listed in the parking
schedule above. Any parking spaces beyond the ten (10) percent must be offset with an
equal amount oflandscaping to buffer the extra paving. The Planning Commission may
require additional stalls and parking lot areas for any use to provide parking area adequate
with the intent of this Section. The Planning Commission may make additional
requirements in connection with off-street parking areas, which will protect the character
of property in the neighborhood.
Section 31.32
If the calculation for required off-street parking results in a fraction of one-half (2) or
more of a parking stall, one (1) parking stall shall be provided; and no parking stall is
required for fractions ofless than one-half (2) a stall.
Section 31.33
Where there is a combination of uses for anyone facility on a parcel, the total required
off-street parking shall be the sum of the requirements for the various uses calculated
separately. The parking provided for one use may not be used to satisfy the parking
requirements for another use on the same site, unless all of the following conditions are
met:
(a)
(b)
Structures on the site clearly can be used only during limited time periods.
The uses occur during completely different periods of time.
31-5
(c) The ZOJ~<~ Administrator determines there will b\. J conflicts or safety hazards
between the proposed uses.
(d) A Conditional Use Permit is obtained.
Section 31.34
The parking ratio shall be determined by the Planning Director for uses that are not
specifically included, and that are not closely related to other uses included in the parking
space requirement schedule.
Section 31.35
Proposed commercial buildings without uses specified and confirmed (by lease or other
legal agreement) shall provide one (1) parking space for every two hundred fifty (250)
square feet of gross floor area.
Section 31.36
The required minimum parking for uses having a parking ratio based upon the number of
employees, shall be based on the employment shift with the greatest number of employees.
Section 31.37
Every use shall provide the required parking on the same parcel except:
(a) The owners of adjoining properties may provide parking space in common if said
parking area is secured by easement or other sufficient legal document, and
provided the total number of parking spaces provided is equal to the sum of the
individual needs.
(b) 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 Ordinance.
Section 31.40 Off-Street Parking Dimension Table
All residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a
minimum oftwenty-four (24) feet of back-up space. (One parking stall shall not be within the
back -up space needed for exit from another parking stall.) All off-street parking facilities, except
residential, shall be designed and installed in accordance with the "Off-Street Parking Dimension
Table" below.
31-6
OFF STREET PARKING DIMENSION TABLE
PARKING ONE-WAY CURB ONE ROW TWO ROWS
STALL STALL STALL TO LENGTH
PER STALL PLUS PLUS
ANGLE WIDTH DEPTH AISLE CURB AISLE . AISLE
a:: A 8 c: 0 E O+C 20+C
9'0" 20' 0" 25'0" 20'0" g'O" 45'0" 6~'0"
SOo 9'6" 20'0" 24'0" 20'0" 9'6" 44'0. 64'0"
10'0" 20'0" 24'0" 20'0" 10'0" 44'0" 64'0"
9'0" 20'0" 19' 0" 21' 10" 10' 6" 40' 10" 62'S"
600 9'6" 20"0" 18' 0" 22' 1" 11' 0" 40' 1" 62' 2"
10'0" 20'0" 17'0" 22'4" 11' SOl 39'4" 61'S"
9'0" 20'0" 16'0" 20'S" 12'9" 36'S" 56' 10"
450 9' 6" 20'0" 15'0" 20'10" 13' 5" 35' 10" 56'S.
10'0" 20'0" 14'0" 21'3" 14'2" 35'3" 56' 6"
eO 20'0" 8'0" 12'0" 8'0" 22'0" 20'0" 28'0"
SPECIAL STALL STALL ONE-WAY AISLE
WIDTH DEPTH
STALLS A B C
HANDICAP STAU 14' 0" * 20'0" SAME AS ABOVE
SMALL CAR STALL 8'0" 15'6" SAME AS ABOVE
* 5' 0" MAY BE SHARED WITH ADJACENT HANDICAP STALL
o
0
&
B
C --a
---
900 PERPENDICULAR PARKING
c
ANGLED PARKING
C
A
E
00 PARALLEL PARKING
MINIMUM TWO-WAY AISLE IS 24' WIDE
MINIMUM ONE-WAY AISLE IS 12' WIDE
MINIMUM TURNING RADII
INSIDE CURVE: 16. 0"
OUTSIDE CURVE: 23' 0"
31-7
Section 31.5 Special Parking Requirements
Section 31.51 Compact Car Parking
Compact car parking stalls may be provided in commercial, industrial, and multi-family
residential developments for up to thirty percent (30%) of the required off-street parking,
where at least fifteen (15) parking stalls are provided. Compact stalls shall not be used to
meet the covered parking stall requirements in multi-family residential developments.
Section 31.52 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 site where compact car
parking is provided shall stalls for employee parking also be allowed. Employees shall not
be prohibited from using off-street parking.
Section 31.53 Handicap Parking Requirements
Handicap parking shall comply with the requirements of the State Building Code.
Section 31.54 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 ofloading spaces shall be determined by the Planning Director.
Section 31.60 Off-Street Parking Design Criteria
Section 31.61
All parking stalls shall be delineated by a painted line or separated by a divider at least
four (4) inches wide by the full length of each stall.
( a) Each handicap parking stall shall be delineated by blue painted curb and lines, and
shall be clearly labeled in blue paint with the standard handicap symbol or clearly
labeled for "handicapped only".
(b) Each employee parking stall shall be clearly labeled for "employee only".
(c) Each compact car parking stall shall be clearly labeled for "compact car only".
(d) Each guest parking stall shall be clearly labeled for "guest parking only".
Section 31.62
All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be
provided with a permanent curb, bumper, wheel stop or similar device. The stopping
31-8
edge of such protective wheel stops shall be placed two (2) feet from the edge of the
sidewalks, planters or landscaped areas and from any buildings.
Such protective wheel stops may not be required, as determined by th~ Planning Director,
where the sidewalks or landscaped areas are specifically designed for automobile
overhang and have thirty (30) inches additional depth than that which is otherwise
required. Automobile overhang shall not be permitted to encroach within the front or
street side yard planter area as required under Section 38.22.
Section 31.63
All off-street parking for all uses, except single family and duplex residential uses, shall be
designed such that vehicles need not back out of the parking area into a public street.
Utilizing a public alley for back-up space is acceptable. Vehicular access to parcels in
residential districts which abut both a street designated on the City of Gilroy's General
Plan Land Use Map for higher traffic volumes than a local street (e.g., a "Collector" or
"Arterial") and an improved public alley, shall be to the alley, and shall not be permitted to
the street.
Section 31.64
Required off-street parking for any residential use may not be located in the required front
yard setback area or required side yard setback area adjacent to a street as established by
this Ordinance. Off-street parking for any commercial or industrial use shall not occupy
the front one-half (2) of any setback area adjacent to a public street.
Section 31.65
All required parking areas shall be paved with an impervious surface such as portland
cement concrete, asphaltic concrete, brick or cobblestones placed upon a base of crushed
rock, except for parking stalls adjacent to an alley for single family residential uses, which
may be paved with crushed rock.
Section 31.66
Each exit and entrance to a parking lot shall be constructed and maintained such that any
vehicle entering or leaving the parking lot shall be clearly visible for a distance of at least
ten (10) feet to any person on a walk or footpath intersected by such exit or entrance.
Section 31.70 Non-Conforming Parking
Any building or use whose parking becomes substandard by the adoption of this Section, but
which were lawful prior thereto, shall be considered as non-conforming use. Such non-
conforming use may continue, but any enlargement or expansion shall provide the required
number of parking spaces or parking area for the entire building or use as specified in this Section.
Any change of occupancy or use in an existing building or lot which requires more parking space
shall provide the additional parking area as required by this Section.
31-9
Section 31.80 Additional Requirements
The Planning Commission may make such additional requirements in connection with off-street
parking areas as will protect the character of other property in the neighborhood. Such
regulations may include, but not be limited to, adequate screening of said lot by a fence or wall,
landscaping, provision for suitable surfacing and lighting.
31-10
City of Gilroy
e.
~.p.
t'$ c':.
LONING ORDINANCE
SECTION 32
YARDS
Section 32.10 Statement of Intent
It is the intent ofthis Section of the Ordinance to establish regulations which apply to yard
areas on parcels in the City of Gilroy.
Section 32.20 Yard Requirements
Every building hereafter constructed upon a building site shall be located on the site so as to
provide for the yards specified in the regulations for the district in which the site is located.
(a) Every such front or rear yard shall extend along a lot line the full width of the lot, and
every such side yard shall extend along a lot line from the front yard or the front lot
line to the rear yard. A required yard shall be open and unobstructed from the ground
upwards, except as otherwise provided herein. The required minimum depth or width
of any yard shall be measured generally at right angles to the lot line and from the
nearest point of the building. Where the side lot lines converge to a point, a line five
(5) feet long within the lot parallel to and at a maximum distance from the front lot line
shall be deemed to be the rear lot line for the purpose of determining the depth of the
rear yard.
(b) Where the building wall is not parallel to a side or a rear lot line the required least
dimension of the side yard or the rear yard along such line may be applied to the
average, provided that no such side yard shall be less than three (3) feet in width at any
point, and no such rear yard shall be less than ten (10) feet in depth at any point.
(c) The required depth of a front yard or of a side yard on the street side of a corner lot
shall be measured from the property line of the public way, provided, that whenever a
future width line is officially established, required yards shall be measured from such
line or lines.
(d) Paving in the front yard shall be limited to a maximum of fifty (50) percent of the front
yard area. Greater than fifty (50) percent may be allowed in circumstances where the
driveway is the same width as that of the garage frontage. The Planning Manager may
grant minor exceptions when in substantial conformance with the intent of this
Section.
Section 32.30 Extension
The following exceptions shall apply to all required yards:
32-1
(a) In any residential \.listrict where twenty-five percent (25%) -If more ofthe lots in any
block, exclusive of the frontage along the side of a corner lot, has been improved with
at least six (6) buildings at the time of the passage ofthis Ordinance, and the front
yards on such lots vary in depth to an extent not greater than six (6) feet, then the
required front yard depth for such district shall be disregarded in such block and in lieu
thereof the front yard required on each lot in such block shall be of a depth not less
than the average depth of the front yards on the lots on which are located such existing
buildings. In no case, however, shall any building be erected closer to any street line
than any official plan line which may have been established for such street or than any
future width line designated therefore by the provisions ofthis Ordinance.
(b) When an interior lot in an Rl district is adjacent to a lot in another district, the
required front setback for the Rl lot may be reduced to not less than the average of
the required setbacks of the two districts.
(c) In determining the depth of rear yard for dwelling, where such rear yard opens into an
alley, one-half (2) the width of such alley may be considered as a portion of such rear
yard; provided, however, that this provision shall not be so applied as to reduce the
depth of any rear yard to less than ten (10) feet; and provided, further, that in no case
shall the door of any dwelling or improvement, except a fence, which door opens into
an alley, be erected, constructed or established closer than fifteen (15) feet.
32-2
"'\
~ONING ORDINANCE
SECTION 33
TRAILERS AND RECREATIONAL VEHICLES
\.
Section 33.10 Statement ofIntent
It is the intent of this Section of the Ordinance to establish regulations that apply to the
storage and parking of trailers and recreational vehicles in the City of Gilroy. As applied to
this Section of the Zoning Ordinance, "storage" shall mean parking, in violation ofthis
Ordinance, for a period exceeding seventy-two (72) hours.
Section 33.20 Storage, All Non-Residential Zones
An operable recreational vehicle or trailer may be parked for storage in all zones, as follows:
(a) Parking is permitted inside any enclosed structure, which structure otherwise conforms
to the zoning requirements of the particular zone, where located;
(b) Parking is permitted outside in a side yard or rear yard, provided it is not nearer than
two (2) feet to the lot line;
(c) Parking is permitted only for storage purposes, and any recreational vehicle or trailer
shall not be:
(1) Used for dwelling purposes.
(2) Permanently connected to sewer lines, water lines, or electricity, except for a
temporary electrical connection for charging batteries and other purposes. The
use of electricity or propane fuel is permitted when necessary to prepare a
recreational vehicle for use.
(3) Used for storage of goods, materials, or equipment other than those items
considered to be part of the unit or essential for its immediate use.
(d) A recreational vehicle may be parked temporarily anywhere on the premises during
active loading or unloading.
Section 33.30 Residential Zones
In residential zones, recreational vehicles shall be parked for storage only on property on
which the vehicle's owner resides. In a Rl zone, parking for storage is permitted outside a
structure in the front yard on a paved, graveled, or approved alternative material driveway,
provided all of the following conditions exist:
(a) Space is not available in the rear yard or side yard, or the lot is not on a corner and had
no reasonable access to either the side yard or rear yard;
(b) Inside parking is not possible;
(c) The vehicle is parked perpendicularly to the front curb.
(d) No part of the vehicle extends over the public sidewalk or public thoroughfare (right-
of-way);
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(e) No more than 0111;;: (1) recreational vehicle or trailer is parl\.",J in the front yard of each
residential unit; and
(f) The vehicle is parked at least five (5) feet from side property lines.
(g) The vehicle does not block access to any required parking spaces.
33-2
City of Gilroy
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SECTION 34
FENCES AND OBSTRUCTIONS
Section 34.1 0 Statement oflntent
It is the intent of this Section to control the location, height and materials offences and other
visual or physical obstructions so that they do not adversely affect adjacent properties, or
obstruct vision along public streets.
Section 34.20 Required Fencing
Section 34.21 Sound Wall
Commercial and industrial development abutting any residential zone shall install a
sound attenuation as determined by a sound study.
Section 34.22 Storage of Building Materials and Junk
All storage of building materials, junk, scrap, or waste shall be screened from public
view with a fence six (6) feet high, a landscaped soil berm, or an acceptable alternate
approved by the Planning Director.
Section 34.23 Swimming Pools
Swimming pools eighteen (18) inches or more in depth at any point shall be enclosed
by a fence or wall consistent with the current requirements ofthe Uniform Building
Code.
Section 34.30 Location and Height
Section 34.31 Residential Districts
Except in the following situations, fences and hedges in residential districts are
permitted up to seven (7) feet in height, measured from the finished grade on the
higher side of the fence:
(a) Fences or walls higher than three (3) feet above the curb shall be set back at
least fifteen (15) feet from the front property line.
(b) On a corner lot, fences, hedges or visual obstructions over three (3) feet above
the sidewalk shall be at least five (5) feet back from the street side property
line. In the case where a corner lots abuts the driveway side of a key lot, or
abuts an alley, a fence, hedge or visual obstruction over three (3) feet above
the sidewalk shall be ten (10) feet back from the street side property line for a
distance of at least ten (10) feet from the rear property line.
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(c) Fences, hedges or other visual obstructions on a ClJ~der lot shall comply with
Municipal Code Section 20.60.
(d) Where a fence is built upon or in conjunction with a retaining wall within five
(5) feet of a property line, the maximum overall height of the combined
retaining wall and fence_shall not exceed seven (7) feet.
(e) Fences or walls within the buildable areas as required for a main building are
permitted up to eight (8) feet in height. Such fences or walls shall be set back
a minimum of six (6) feet from any side lot line.
(t) Fences adjacent to alleys are permitted up to seven (7) feet in height.
(g) Where a fence or sound wall is required to meet sound attenuation standards as
required by California Administrative Code Title 24 in addition to the
standards of this Section, such standards shall supersede the standards ofthis
Section.
(h) Landscape amenities such as arbors, trellises and pergolas shall be limited to
seven (7) feet in height in the front yard setback and shall not create any safety
hazards by blocking the view for traffic or pedestrians.
Section 34.32 Commercial and Industrial Districts
Except in the following situations, fences and hedges in commercial or industrial
districts are permitted up to six (6) feet in height, measured from the finished grade on
the higher side of the fence:
(a) Fences or walls higher than three (3) feet shall not be built within the required
front setback.
(b) Where a fence is built upon or in conjunction with a retaining wall within five
(5) feet of a property line, the maximum height of the retaining wall shall be
three (3) feet. No additional retaining walls may be constructed within five (5)
feet of the first wall; the maximum height of any additional retaining wall shall
be six (6) feet.
(c) Fences, hedges or other visual obstructions on a corner lot shall comply with
Municipal Code Section 20.60.
(d) Fences or walls within the buildable areas as allowed for a main building, are
permitted up to twelve (12) feet in height, except when abutting any residential
zone. Such fencing over six (6) feet in height shall be designed as an integral
part of the main building on the side, and shall be approved through the
Architectural and Site Review process under Section 50.40 of this Ordinance.
(e) Where a fence or sound wall is required to meet sound attenuation standards as
required by California Administrative Code Title 24 in addition to the
standards of this Section, such standards shall supersede the standards of this
Section.
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Section 34.40 Prohib. J Materials
Section 34.41 Barbed Wire Fences
Barbed wire, razor wire or similar fences shall not be installed within the City, except
for security fences in the Commercial Industrial (CM), Light Industrial (Ml) and
General Industrial (M2) zones.
Section 34.42 Electrified Fences
Electrified fences of any kind shall not be installed within the City.
Section 34.43 Wire Mesh Fences
Wire mesh fences shall not be installed within the required front yard setback area or
within the side yard setback area adjacent to a street in any residential or commercial
zone. Wire mesh fences shall not be installed along any water district channel or
railroad corridor, unless coated with a dark vinyl or similar material.
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City of Gilroy
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SECTION 35
ANTENNAS AND WINDMILLS
.)
Section 35.10 Statement ofIntent
The intent of this Section of the Ordinance is to provide regulations which apply to the height,
location and visibility of antennas, windmills and related structures in order to minimize visual
pollution and potential adverse effects upon adjacent properties.
Section 35.20 Location and Height of Antennas in All Zones
Section 35.21
Antennas shall not be located in, nor extend over, any front yard or side yard setback
as established by this Ordinance. All antennas and related structures shall be set back
at least six (6) feet from any property boundary or vertical projection of such property
boundary. Antennas and their supports shall be located at least ten (10) feet from any
electrical power line, and located such that any collapse of the antenna will not result
in contact with any power line carrying over four thousand (4,000) volts.
Section 35.22
Except for residential districts, the maximum height for an antenna structure may
exceed the maximum height limit for the zoning district in which it is located by no
more than fifteen (15) feet. The height is measured from the average grade at the base
of the main building on the site. No antenna structure will be permitted on an
otherwise vacant parcel. For all residential districts, proposed antennas that will
exceed the maximum height limit set by the underlying zone shall not be permitted
unless all of the following conditions can be met:
(a) The proposed antenna does not exceed the maximum height limit, as set by the
underlying zone, by more than fifteen (15) feet.
(b) The proposed antenna does not have a horizontal projection, measured from
the mast, greater than ten (10) feet in any direction.
(c) A Conditional Use Permit is granted by the Planning Commission.
Section 35.23
In addition to meeting the preceding regulations in this Section, dish antennas greater
than one (1) meter in diameter, in Rl and R2 Residential Districts shall be permitted
only between the main dwelling unit and the rear property line, or attached to the rear
roof eave or building wall, and not within twenty (20) feet of any property line
adjacent to a public right-of-way. Dish antennas greater than one (1) meter in
diameter shall not be placed higher than eighteen (18) feet.
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In all other zoning districts (other than Rl and R2), dish lli...::nnas shall be screened to
comply with Section 50.45 of this Code related to mechanical appurtenances whether
such dish antenna is located on the roof or on the ground.
Section 35.24
It shall be the responsibility of the owner of any antenna to obtain any necessary
permits and to install and maintain any antenna system in safe and hazard-free
condition.
Section 35.25
No antennas or related structure may be attached to any tree, shrub or public utility
pole.
Section 35.30 Windmills
Windmills and related structures shall conform to all height and setback requirements as
established for the main building in the zoning district in which the windmill is located. The
setback distance and maximum height shall be measured from the greatest possible extension
of any fixed or movable part ofthe windmill or related structure. Windmills shall be located at
least ten (10) feet from any electrical power line.
35-2
LONING ORDINANCE
SECTION 36
SWIMMING POOLS
\..
Section 36.10 Statement of Intent
The intent of this Section is to regulate the location of swimming pools to safeguard life,
health, property and the public welfare.
Section 36.20 Swimming Pool Locations
No swimming pool, spa or hot tub shall be constructed in any required front yard, or in any
side yard setback on the street side of a corner lot, as required by the provisions of this
Ordinance.
The distance from the inner surface of the pool, spa or hot tub wall to any property line shall
be not less than five (5) feet
Section 36.30 Swimming Pool Fencing
Fencing shall be provided to enclose all swimming pool areas as specified in Section 34 of this
Ordinance, and as required under the Uniform Building Code.
Section 36.40 Swimming Pool Mechanical Equipment
Swimming pool mechanical equipment, mounting pad, and/or enclosure shall not be located
within three (3) feet of any side or rear property line, or within the front yard setback.
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LONING ORDINANCE
SECTION 37
SIGN REGULATIONS
Section 37.1 0 Statement ofIntent
It is the intent of this Section ofthe Ordinance to:
(a) Provide minimum standards to safeguard life, health, property and the public welfare
by regulating and controlling the location, placement, size, numbers, surface area,
illumination, materials, and maintenance of signs and sign structures.
(b) Preserve the natural beauty of the city and to maintain the orderliness of the
community's appearance.
(c) Ensure that signs will be designed as a part of the architectural and landscape design of
all properties so as to enhance the beauty of the City and implement the beautification
goals and policies ofthe Gilroy General Plan.
Section 37.20 Sign Permits
Section 37.21 Issuance
Permits shall be required for all signs in Gilroy, except those specifically exempted by
Section 37.24. No sign, outdoor advertising structure, billboard or display shall be
erected, installed, located or maintained in any zoning district of the City of Gilroy,
except in conformity with these regulations and the approved sign permit. Additional
signs and relocations or alterations of existing signs after the sign permit has been
issued must conform to and be approved in the same manner as the original
application. A building permit may also be required. Signs which are not constructed
in conformance with the sign permit application, drawings and diagrams, shall be
deemed not to have been issued a valid sign permit. Signs shall be subject to design
review according to the provisions of Section 50.40, but shall not be charged for
design review. Sign permits shall not be issued where the Planning Director finds that
a proposed sign, which otherwise conforms to this Ordinance, fails to contribute to the
beautification of the City.
Section 37.22 Application and Fees
All applications for sign permits shall be accompanied by sketches and diagrams of
suitable scale and clarity to fully describe the design, dimensions, proposed placement,
structural and electrical characteristics and appearance of the sign or signs. In
proposing signs, applicants shall give explicit attention to designing and locating signs
so as to ensure harmony with the existing or proposed architecture and landscape
design of the property upon which the sign is to be situated. Fees for sign permits
shall be established from time to time by resolution of the City Council.
37-1
Section 37.23 txviration
Ifthe work as authorized under the properly approved sign permit has not been
completed within six (6) months after the date of its issuance, such permit shall
become null and void. Ifafter six (6) months from the date of the issuance ofa sign
permit, any portion of the sign has been erected and the construction work thereon is
not completed, the Planning Director may cause the removal of such partially
completed sign.
Section 37.24 Exemptions
No sign permit will be required for the signs listed below. Signs above and beyond
those exempted below shall meet the provisions of the remainder of this Section. In
no case shall a sign be deemed to be exempt if it is listed as a prohibited sign in Section
37.31.
(a) One name plate, less than three (3) square feet in area located adjacent to one
entryway, for each business or occupant in any zone; including under canopy
signs over private property.
(b) Memorial signs or tablets, names of buildings and date of erection when cut
into a masonry surface or when constructed of bronze or other noncombustible
material which do not exceed four (4) square feet in area.
(c) Traffic or other municipal signs, legal notices, railroad crossings signs, danger
and temporary or emergency non-advertising signs.
(d) Temporary signs ofa directional nature when used for a period ofless than
twenty-four (24) hours.
(e) Temporary signs and banners of a civic, charitable, educational or municipal
nature including public events and parades for a time period not to exceed
thirty (30) days, provided the location, size and safety is approved by the Chief
Building Inspector. Such signs shall not contain advertising.
(f) Temporary banners, and similar advertising devices located over private
property to advertise business opening, sales and special promotions which are
maintained for a consecutive period of less than thirty (30) calendar days.
Such signs shall not be replaced by the same or similar signs within one
hundred eighty (180) calendar days after removal.
(g) Temporary signs on windows of commercial buildings, provided no more than
twenty-five percent (25%) of the window surface is covered, for a time period
not to exceed fifteen (IS) days.
(h) Service club signs, provided only one of each composite structures be
permitted on each main entrance to the city, and provided the design size and
height be approved by the Planning Commission.
(i) Signs identifying the existence or location of public utility facilities.
CD One identification sign or bulletin board for public, charitable or religious
institutions. Such signs may not exceed twenty (20) square feet in area, or six
(6) feet in height (if freestanding), and must be set back at least ten (10) feet
from any property line.
(k) One (I) on-site construction sign not to exceed six (6) feet in height erected by
a building contractor, subcontractor, architect or engineer while actually
engaged in construction of a building. In commercial or industrial zones, up to
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thirty-t, oJ (32) square feet in area is allowed; in '" _..:sidential zoning district, up
to sixteen (16) square feet is allowed. Such signs shall be removed
immediately after the completion of the construction advertised by the sign.
(1) One (1) on-site real estate sign pertaining to the sale, lease, rental or display of
a structure or ofland which shall not exceed four (4) square feet in area.
(m) Political signs or placards which are erected less than ninety (90) days before
and removed less than ten (10) days after the election for which they are
posted. Political signs shall not be placed on any portion of a street, sidewalk,
or public right-of-way.
(n) On-site directional signs, including no trespassing and no dumping signs, up to
four (4) square feet in area and not exceeding four (4) feet in height. Four (4)
such signs are permitted for developments under one acre, eight (8) for
developments over one (1) acre, and twelve (12) for developments over fifteen
(15) acres.
(0) One (1) freestanding and one (1) wall-mounted drive-up window or menu
board sign, up to a combined total of twenty (20) square feet is permitted for
businesses with a drive-up or walk-up window.
(p) Up to four (4) on-site temporary garage, yard or patio sale signs not to exceed
a total of sixteen (16) square feet.
(q) Holiday decorations displayed for no more than forty-five (45) days for each
holiday.
(r) Signing not to exceed sixteen (16) square feet directly affixed to a mobile
vendor or temporary business establishment located in any commercial district.
(s) Projecting, or under canopy signs which do not exceed four (4) square feet in
sign area are exempt where such signage does not project more than three (3)
feet into a public right-of-way, has at least seven (7) feet of clearance above
any public sidewalk (or at least fifteen [15] feet of clearance above any public
alley), and is built of materials compatible with the building as determined by
the Director of Planning.
(t) Menu reader boards for drive-thru restaurants when screened from view from
the public right-of-way.
Section 37.30 Regulations in All Districts
Section 37.31 Prohibited Signs
Except as otherwise provided in this Ordinance, the following signs shall be prohibited
throughout the City of Gilroy:
(a) Signs on or projecting above the roof (other than a gable or mansard type roof)
or the canopy of a structure, or signs which appear to be roof signs from the
public right-of-way.
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(b) Signs prvJ..:cting more than thirty-six (36) inches a" jve the lowest edge ofthe
eave of a gable or mansard type roof. A sign may be permitted on a vertical
surface specifically designed to accommodate a sign, which is lower than the
crest of the roof, if such sign area is approved by the Planning Director.
(c) Flags, pennants, balloons, streamers, and objects designed to move with the
wind, except for flags of the United States of America and the State of
California on a flagpole for which a building permit has been issued.
(d) Lighted signs that flash on and off, except time and weather signs which
change less than six (6) times per minute.
(e) Any sign feature which moves or is designed to move, except for signs which
rotate at less than six (6) revolutions per minute.
(f) Lighted signs whose surface brightness is a detriment to surrounding property,
prevents the peaceful enjoyment of life or presents a conflict with safe traffic
movement; or advertising displays which emit audible sound, odor, or visible
matter.
(g) Any sign which because of flashing lights, brilliant lighting, motion or apparent
motion, shape, design, color or reflected light is a detriment to surrounding
property or prevents the peaceful enjoyment of residential uses or presents a
conflict with the traffic regulations or traffic safety.
(h) Any sign which has a design or lighting such that it might be mistaken for a
traffic light or signal.
(i) Signs located in such a manner as to obstruct free and clear vision or the view
of any authorized traffic sign, signal or device.
G) Any sign which because of its location would prevent free ingress to or egress
from any door, window, fire escape, driveway, sidewalk or bike path, or would
obstruct an outward view from any living area.
(k) Any signs attached to a standpipe or fire escape.
(1) Signs projecting into a public street, alley or identifiable pedestrian way more
than twelve (12) inches excluding signs allowed on awnings.
(m) Signs projecting into a public right-of-way having less than eight (8) feet
clearance between the lowest edge of the sign and the sidewalk grade.
(n) Signs projecting into a public street area used by vehicular traffic having less
than fifteen (15) feet clearance between the lowest edge of the sign and the
street grade.
(0) New signs painted or existing signs repainted directly on any building or
structure unless conforming to the requirements of this Ordinance.
(P) Any off-site advertising sign, including billboards, in any district.
(q) Placards, posters, announcements and similar signs attached to any fence, pole,
tree or any other object in a public thoroughfare, except those of an official
nature authorized by a City Ordinance.
(r) Portable signs; including signs over three (3) square feet in area temporarily
affixed to anyone elevation of vehicle.
(s) Any sign which conflicts with any rule, regulation or order of the California
Public Utility Commission pertaining to the construction, operation and
maintenance of public utility facilities.
(t) Signs advertising incidental or minor products combined with a business
identification sign.
(u) Signs placed upon, attached to or constructed on any awning; except for signs
which occupy no more than twenty percent (20%) of the surface area of the
37-4
awning, dIld which are printed, painted, marked, ..><e:Ullped or otherwise
impressed upon the surface of an awning so that it is an integral part of the
fabric, and which are on a surface of the awning which is vertical or within ten
(10) degrees of vertical, and is parallel to the front of the building.
(v) Signs higher than three (3) feet above the sidewalk elevation or having a solid
face less than seven (7) feet above grade on a corner lot within a triangle
formed by the property lines as extended and a line connecting those lines from
points thereon which lie twenty (20) feet from the intersection of the projected
property lines.
(w) Signs higher than three (3) feet above the sidewalk elevation or having a solid
face less than seven (7) feet above grade within five (5) feet of the intersection
of any access drive and public sidewalk.
(x) Abandoned signs or signs which no longer identify a bonafide business entity.
(y) Signs, graphics, window displays or materials offered for sale from newsracks
displayed in a manner which exposes photographs or illustrations of specified
sexual activities or specified anatomical areas to public view.
(z) Signs with exposed bracing, guy wires or cables.
(aa) Crudely painted, chalked or other improvised lettering on any sign.
(bb) Signs placed on any portion of a street, sidewalk, or public right-of-way,
excluding signs on newspaper vending machines which may not exceed three
(3) square feet in sign area.
(cc) Signs located on an exterior raceway. An exception may be granted by the
Planning Manager due to unavoidable, extenuating circumstances.
(dd) Signs within 660 feet of Santa Teresa Boulevard except on-site signs for
business identification.
Section 37.32 Signs on Public Property
The Planning Director shall review and act upon proposals for signs not listed as
exempt which will be located on City or other public property, taking into
consideration the nature and use of the property, the necessity of the sign, and whether
the signs would detract from or be in harmony with the public purposes of the City
property and with existing or contemplated surrounding development. Such sign
should generally not exceed in size those allowed within the most restrictive adjacent
zoning district.
Section 37.40 Signs in Residential and Agricultural Districts
Section 37.41 Signs in Residential Districts
All signs within residential districts shall be complimentary to the building design, as
determined by and subject to the approval of the Zoning Administrator. Only signs
which are exempted in Section 37.24 or which meet the following standards will be
permitted in any residential zoning district:
(a) One (1) freestanding house number-apartment building identification sign or
one (1) wall sign, located flat against a wall and not projecting above the
cornice or roof line of a structure located on the premises, shall be permitted
for each multi-family complex or mobile home park containing between five (5)
37-5
and thin) \30) units. Such signing, iffreestanding, ..,nall not exceed six (6)
square feet in area, shall not be illuminated nor rotating, shall not exceed four
(4) feet in height, and shall be set back at least ten (10) feet from the front
property line. Such signing, if located flat against a wall, shall not exceed
twelve (12) square feet in area, and shall not be illuminated.
(b) One (1) freestanding house number-apartment building identification sign or
one (1) wall sign, located flat against a wall and not projecting above the
cornice or roof line of a structure located on the premises, shall be permitted
for each street frontage of each multi-family complex or mobile home park
containing thirty (30) or more units. Such signing, iffreestanding, shall not
exceed eighteen (18) square feet in area, shall not be illuminated nor rotating,
shall not exceed six (6) feet in height, and shall be set back at least ten (10) feet
from the front property line. Such signing, if located flat against a wall, shall
not exceed twenty-four (24) square feet in area, and shall not be illuminated.
(c) Residential subdivision signs, advertising a tract having five (5) or more units
for sale, may locate one (1) freestanding or wall on-site sign, up to thirty-two
(32) square feet in area plus locate up to three (3) off-site directional signs,
located on private property within Gilroy, up to thirty-two (32) square feet
each. Such signs shall be non-illuminated, with a maximum height of eight (8)
feet. Such signs shall be removed immediately after completion of sales or
after one (1) year, whichever occurs first, unless granted an extension by the
Planning Director.
(d) Bed and breakfast establishments shall be allowed one (1) sign, as described in
Section 37.24 (a). Such signs shall match the architectural features ofthe
structure. The words "hotel" or "motel" shall not be allowed.
(e) Churches and commercial uses allowed in residential districts according to
Section1l.l3 shall be allowed non-illuminated signs not to exceed thirty-two
(32) square feet of sign area. Churches will be allowed an additional thirty-two
(32) square feet for "bulletin" board signage.
Section 37.42 Signs in Agricultural Districts
Only signs which are exempted in Section 37.24 or which meet the following standards
will be permitted in any agricultural zoning district.
(a) Signs may be permitted to advertise the sale of only those farm products which
are grown on the site, and such signs may not exceed a total of thirty-two (32)
square feet of sign area, which may include only one (1) freestanding sign.
Section 37.50 Signs in Commercial and Industrial Districts
Only signs meeting the following standards will be permitted in commercial or industrial
districts, provided that all other applicable provisions of this Ordinance are also complied
with:
(a) Signs shall be located and erected only upon the premises occupied by the person or
business to be identified or advertised by such signs. The location of all signs shall be
in compliance with the building, electrical and fire prevention codes of the City as
amended.
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(b) The maximum permissible total sign area for all signs including freestanding signs (but
excluding master shopping center and freeway signs), for all commercial or industrial
districts shall not exceed the maximum total sign area for each business, according to
the following table:
COLUMN 1 COLUMN 2
Maximum total sign area Maximum total sign area
permitted (in square feet) for permitted (in square feet)
each lineal foot of building regardless of building
frontage frontage (except as provided
in subsection f)
PO District N/A 10
C 1 District 1 1/2 75
C2 District 2 75
C3, HC, CM 1 1/2 150
Ml,M2 1 350
The permitted sign area may be mounted on a freestanding sign and on any side of a
building, except no sign shall be mounted on the side of a building abutting and facing
a freeway. The lineal footage ofa building frontage shall be that distance of building
facing a public street. The maximum sign area for buildings which front on more than
one street shall be calculated by using the longest of anyone such frontage. In a
commercial or industrial complex where there are thr~e (3) or more tenants, the
maximum sign for each tenant may be calculated by using the greater of(1) the
building elevation fronting a street or (2) the building elevation fronting directly on the
parking lot for the commercial or industrial complex.
(c) The maximum number of freestanding signs shall be one (1) per business, building, or
parcel, whichever is most restrictive. An individual business shall not be permitted to
have a freestanding sign where there is a master shopping center or group sign. The
area of the freestanding sign shall be included in the maximum area allowed. The
maximum height for any freestanding sign shall be seven (7) feet, except for freeway
oriented signs, master shopping center signs, and specific subdivision and real estate.
signs regulated under this Ordinance.
(d) The maximum thickness of wall signs shall be twelve (12) inches where the building
abuts the property line and eighteen (18) inches elsewhere.
(e) Credit card and trading stamp signs shall be included in the maximum sign area
allowed. One (1) additional sign per business will be allowed which shall contain all
credit card and trading stamp emblems. The total area of this sign shall not exceed
four (4) square feet.
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(f) Each business, in any commercial or industrial zoning district other than the PO
Professional Office District, regardless of building frontage, shall be allowed a
minimum of twenty (20) square feet of total sign area. To allow for such sign area for
a new business on a parcel containing a pre-existing business, the maximum total sign
area may exceed the maximum limit in column 2, subsection (b), but shall not exceed
the maximum limit in column 1, subsection (b).
(g) Readerboard signs in commercial districts shall be permitted only to the extent that
they conform with and are included in the total sign area permitted for a business in
that district.
Section 37.51 Freeway Oriented Signs
In certain instances, one (1) on-site freeway-oriented sign may be permitted in addition
to one (1) monument sign. The freeway-oriented sign shall not exceed sixty (60) feet
in height and shall not exceed one hundred (100) square feet of sign area. The parcel
on which the freeway sign is to be located must meet all ofthe following criteria:
(a) The parcel exceeds twenty thousand (20,000) square feet in land area.
(b) The parcel is within six hundred sixty (660) feet of an off-ramp from u.s. 101.
(c) The parcel is occupied by a use which is a permitted use in an HC Highway
Commercial District.
up to one hundred fifty (150) square feet of sign area for the freeway sign is permitted
where additional freestanding signage is limited to one (1) monument sign not
exceeding thirty-six (36) square feet in area.
Section 37.52 Master Shopping Center Signs
A master shopping center sign may be permitted in any commercial district, except the
PO Professional Office District, if the shopping center has at least five (5) distinct
commercial business occupants, and/or includes twenty thousand (20,000) square feet
of floor area. A master shopping center sign may be either freestanding or wall-
mounted and may be permitted in addition to the maximum area of signing allowed
under Section 37.50. Where a master shopping center sign is used, freestanding signs
for individual businesses will not be allowed.
(a) The area of a Master Shopping Center sign shall be calculated at the rate of
one (1) square foot of sign area for each parking stall provided for the
shopping center up to a maximum of two hundred (200) square feet. Only
seventy-five percent (75%) ofthe area calculated will be permitted at any
property line, with an increase of one percent (1 %) for each foot the sign is set
back from the property line, to a maximum of one hundred percent (100%).
(b) The maximum height for a Master Shopping Center sign shall be fourteen (14)
feet.
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Section 37.53 Professional Office Group Signs
A professional office group sign may be permitted for an office complex which has at
least five (5) distinct office businesses. A professional office group sign may be either
freestanding or wall-mounted, and may be permitted in addition to the maximum area
of signing allowed under Section 37.50, but shall not exceed twenty-four (24) square
feet in area. A freestanding professional office group sign may be permitted only when
no other freestanding sign exists on the site, and shall not exceed seven (7) feet in
height.
Section 37.54 Industrial Group Signs
A pair of entryway signs may be allowed at each of two (2) entrances to any industrial
park exceeding one hundred (100) acres of land in an industrial district. Such signs
shall not exceed six (6) feet in height or one hundred (100) square feet of total sign
area at each entryway.
Section 37.55 Service Station Signs
The following regulations shall apply to all service station signs regardless of the
zoning district in which the service station is located:
(a) The maximum allowable sign area for all signs shall be one hundred (100)
square feet.
(b) All freestanding signs shall meet the requirements as listed in Section 37.50 for
the zone in which it is located, except that one (1) ground sign per station
frontage for price display is permitted up to fifteen (15) square feet in area.
Such ground signs shall not exceed five (5) feet in height and shall be located
so as not to obstruct free and clear vision of traffic or traffic signs and devices.
A freestanding sign may incorporate a price sign only where the height of such
sign does not exceed five (5) feet. Price signs that comply with these
regulations will be permitted in addition to the maximum allowable sign area.
Price signs that do not comply shall be included as part of the total allowable
sign area for the service station.
(c) Signs advertising items such as batteries, tire and other accessories or products
shall be counted as part of the total sign area allowed.
(d) A maximum of two (2) square feet of signs and information mounted directly
to the top of gasoline pumps will be permitted in addition to the total allowable
SIgn area.
(e) Gasoline grade and pricing information which is mounted on, and is an integral
part of, a gasoline pump will be permitted in addition to the allowable sign
area.
Section 37.56 Commercial and Industrial Real Estate Signs
Real estate signs located in commercial or industrial districts shall be non-illuminated,
shall be set back at least ten (10) feet from the property line adjacent to a public street,
and shall be removed immediately upon sale or lease of the land or building advertised
37-9
by the sign, or aner one (1) year, whichever occurs first, urness granted an extension
by the Planning Director. Such signs shall meet the following criteria:
(a) On lots of one (1) acre or less, the maximum number of signs shall be one (1),
the maximum sign area shall be eight (8) square feet, and the maximum height
shall be six (6) feet.
(b) On lots or a tract of lots over one (1) acre, the maximum number of signs shall
be one (1), the maximum sign area shall be thirty-two (32) square feet, and the
maximum height shall be six (6) feet.
(c) On lots or a tract oflots totaling over twenty (20) acres, only one (1) sign shall
be permitted per street frontage with a maximum of two (2) such signs
allowed, the maximum sign area shall be seventy-five (75) square feet per sign,
and the maximum height shall be ten (10) feet.
Section 37.57 Automobile Dealerships (New Car Sales)
The following regulations shall apply to automobile dealerships that deal in new car
sales, regardless of the zoning district in which the business is located:
(a) The maximum allowable area for all wall-mounted signs shall be one (1) square
foot per each lineal foot of building frontage, to a maximum of one hundred
(100) square feet. The lineal footage of a building frontage shall be that
distance of the building facing a public street. Where there are multiple
buildings or a building faces two streets, the longest building frontage
(primary) shall be used.
(b) Where a building faces two streets, the secondary frontage shall be allowed
one-half (2) square foot of sign area per each lineal foot of building frontage,
to a maximum of fifty (50) square feet.
(c) For the main dealership, the maximum number of freestanding signs shall be
one (1) per business, building, or parcel, whichever is most restrictive. The
maximum area allowed shall be based upon the primary building frontage at
one (1) square foot per lineal foot of building frontage, to a maximum of one
hundred (100) square feet. The maximum height shall be thirty (30) feet.
(d) An additional freestanding sign may be permitted for each used car business,
each new franchise dealership, and each secondary business associated with the
main franchise to a maximum of four (4) total, in addition to the main
dealership sign, when all of the following conditions can be met:
(1) The secondary businesses and/or franchises will have a separate and
distinct display lot and/or showroom and/or office and/or display area.
(2) Each proposed sign shall:
a. Not exceed fifteen (15) feet in height for any franchise
dealership or used car business, or be monument style with a
maximum height of seven (7) feet for any secondary business
associated with the main franchise.
b. Not be located closer than one hundred (100) feet from other
freestanding signs on the same side of the street.
c. Be limited to a maximum area of fifty (50) square feet.
d. Be designed in a manner consistent with materials and features
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used for the main dealership sign.
Section 37.58 Regional-Serving Commercial Development
This section is intended to provide adequate sign area for commercial businesses that have a
regional customer base, while simultaneously controlling the amount of signage visible from
Highway 101. Commercial developments meeting all of the following requirements shall be
considered regional-serving commercial, and shall be allowed signage as described in this section.
1. The development must be located either on the east side of Highway 101 or on the
west side of Highway 101, south of Tenth Street.
2. Developments must be permitted uses in the C3 (Shopping Center Commercial)
zoning district.
3. Developments shall be located within 660 feet of Highway 101.
4. Developments shall provide a traffic study showing that a majority of their current or
projected customers come from areas outside of Gilroy.
5. Developments shall meet the following definition of a regional-serving commercial
development:
Definition
Regional-serving commercial developments are defined as commercial businesses
located on a parcel or parcels of land that were processed through the Planning
Division as one site, or as one collective entity. In addition, regional-serving
commercial businesses located adjacent to each other will be considered one
development when they can collectively be defined as one commercial entity. One or
more businesses may be located within a development. If a property is located within
a Planned Unit Development (PUD) overlay zone, the development shall encompass
all of the land involved in the PUD Architectural and Site Review approval, even ifa
portion of the development is not included within the PUD overlay zone.
(a) Regional-Serving Commercial Freeway Oriented Signage: Freeway-oriented signage shall
include all signage that is freestanding or wall mounted, and is primarily oriented toward
Highway 101.
(1) One freestanding, freeway-oriented sign will be allowed for each regional-serving
commercial development, with a maximum height of60 feet. The height of the sign
may be increased 1 foot for every 44 feet it is set back from the property line adjacent
to Highway 101, or for every foot it is set below the Highway 101 grade level. The
maximum height of this signage shall be 75 feet.
(2) Developments consisting of a single business shall be allowed up to 200 square feet of
freeway-oriented sign area. Developments consisting of multiple businesses shall be
allowed up to 330 square feet of freeway-oriented sign area.
(b) Building and Freestanding Signage: The following building and freestanding signage shall be
allowed:
(1) Excluding freeway oriented signage allowed under (a) above, the maximum building
signage allowed for regional-serving commercial businesses shall be equivalent to 1.5
square feet of sign area per lineal foot of building frontage, up to a maximum of 300
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square feet.
(2) Freestanding Master Shopping Center signage may be allowed in conformance with
Section 37.52, "Master Shopping Center Signs," except that Master shopping center
signage for regional-serving commercial businesses shall be placed within the site's front
yard setback, and shall be oriented toward the adjacent City street.
Section 37.60 Special Sign Permits
For commercial or industrial developments encompassing at least twenty thousand (20,000)
square feet of floor area, five (5) acres ofland and at least four (4) uses, the Planning Director
may issue a special sign permit in order to allow voluntary diversification in the design and
location of signs while insuring substantial compliance with the sign regulations contained in
this Ordinance if all of the following findings are made:
(a) All signs and sign structures are related through the use of similar materials, letter
style, color, illumination, method of structural support or attachment, sign cabinet
design, and/or shape so that a related signing pattern is achieved throughout the
development.
(b) The design of the signs is related to the architectural style of buildings within the
development and the character of the surrounding area.
(c) Proportional relationships are achieved among the building surface area and bulk of
sign element areas.
(d) Signs located above the eave line are integral design features of the roofor building.
(e) The design of freestanding signs incorporates some of the horizontal and vertical
elements ofthe buildings (i.e. materials, color, design details) located within the
Slgrung area.
(t) The overall sign area is less than would be allowed for the overall project, even though
some signs might exceed the normally permitted areas.
(g) The overall sign program is aesthetically superior to that which could be provided
under the normal provisions of the sign ordinance.
Section 37.70 Maintenance
Every sign shall be erected as specified in the sign permit. Every sign and all parts and
materials together with the frame, background, supports or anchorage therefore, shall be
maintained in proper repair. The display surface of all signs shall be kept neatly painted and/or
posted. Failure to so maintain signs shall constitute a violation ofthis Ordinance and removal
may be ordered by the Planning Director.
Section 37.80 Amortization
(a) A variance is granted automatically to permit the continuation of the use of any sign,
having a valid City of Gilroy sign permit, which existed immediately prior to the
effective date of this Ordinance or any amendment to that Ordinance and was not in
violation of any other Ordinance or law. Such variance shall become invalid if such
sign is abandoned for a period of six (6) months or modified such that fifty percent
(50%) of the value of the sign is affected.
(b) A variance for no more than three (3) years from the effective date of annexation to
37-12
the City of Gih v j is granted automatically to permit the '- ~lltinuation of the use of any
sign, except temporary or portable signs, located on any annexed parcel of land.
(c) A variance for no more than ninety (90) days from the effective date of annexation to
the City of Gilroy is granted automatically to permit the continuation of the use of a
temporary or portable sign located on any annexed parcel ofland.
Section 37.90 Portable Freestanding Signs
Except as provided under this section, portable freestanding signs are prohibited in all zoning
districts:
(a) Portable freestanding signs are permitted in all commercial districts under the
following conditions:
(1 ) Each tenant located within a commercial complex or building may have a
portable sign, providing that their business has a distinct individual store front
and separate front entrance for customers;
(2) Portable signs shall not be placed any closer than one foot from the street curb,
and shall not be placed within a sidewalk intersection (as defined under
Municipal Code section 20.60). A portable sign shall not be placed within any
landscaped planter. In the C2 district, a portable sign may be placed anywhere
on site, providing it does not block any alley right-of-way, driveway, parking
stall, or building exit;
(3) A portable sign may be placed on a public sidewalk, immediately in front of a
business store front, providing an open pedestrian path of at least four feet in
width is maintained to the front entry and along the frontage of the business.
Prior to placing of a portable sign on a public sidewalk, the business owner
shall procure insurance and submit to the City a certificate of insurance in an
amount and form acceptable to the City's Risk Manager, and adding the CITY
OF GILROY as an additional insured to the owner's comprehensive general
liability policy;
(4) The maximum height for a portable sign shall be 4 feet, with a maximum width
of2 1/2 feet. Portable signs shall be constructed of wood (or other stout
material) and metal hardware, with all surfaces painted. Portable signs shall
have no electrical, mechanical, or fixed attachments, including objects that
move with the wind;
(5) A portable sign may advertise only the name ofthe business, type of business,
special promotions, hours of operation, and/or phone number;
(6) A portable sign may be displayed only during hours that the business is open to
the public, and shall be taken in during all other times;
(7) Portable signs shall not be attached or secured to public property, placed over
any utility box, or within 36 inches of a fire hydrant.
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City of Gilroy
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SECTION 38
LANDSCAPING
Section 38.10 Statement ofIntent
It is the intent of this Section of the Ordinance to establish regulations governing the provision
and maintenance oflandscaping in the City of Gilroy.
Section 38.20 Landscaping Required
Section 38.21 Residential Zones
All multi-family residential developments shall landscape all yard areas required by this
Ordinance (or an equivalent area elsewhere on the site) which are not specifically used
for driveways, walkways, patios or similar purposes. At least thirty-five percent
(35%) of the required landscaped area shall be designed to be usable as open
recreational area.
Section 38.22 Commercial Zones
All commercial development shall provide landscaping within the areas of the
development most visible from the adjacent streets. A minimum ten (10) foot wide
planter area shall be provided along each street frontage in addition to the public right-
of-way. At least eight percent (8%) of the gross land area, in addition to the public
right-of-way, shall be landscaped, except in C2 districts where front and side yard
setbacks are not utilized. All portions of a site with over forty (40) square feet of area
not specifically used for parking, driveways, walkways, or similar access shall be
landscaped. Trees shall be planted on average every twenty (20) feet on center or as
determined by a licensed landscape architect. Landscaped islands shall be located in
parking lots at the rate of at least fifty (50) square feet for every twelve (12) stalls, and
shall be evenly distributed throughout the parking area. Planter areas shall be at least
five (5) feet wide except in specific site situations where the Planning Director rules
that this width is impractical. Planter areas containing trees shall be a minimum of
eight (8) feet in width.
Section 38.23 Industrial Zones
All industrial developments shall landscape the front and side yard areas adjacent to
streets as required by this Ordinance which are not specifically used for parking,
driveways, walkways, or similar paved access. Such paved areas shall not exceed fifty
percent (50%) of the area of said setbacks. Additional landscaping shall be required to
fully screen exposed storage yards. Industrial development in the CI (Campus
Industrial) zoning district shall provide a minimum of 15 percent of the gross land area
in landscaping. Planter areas shall be at least five (5) feet wide except in specific site
situations where the Planning Director rules that this width is impractical.
38-1
Section 38.30 Landscapmg Installation and Maintenance Requirements
All landscaping shall be installed and maintained according to the following minimum
standards:
(a) All landscaping shall be installed in accordance with the adopted Consolidated
Landscaping Policy, and a landscaping plan approved by the Planning Director.
(b) Only healthy, well-formed and vigorous plant materials shall be used.
(c) An irrigation system shall be provided which will adequately supply water to all plant
materials in all planter areas using water conservation methods if possible.
(d) Soil amendments shall be used where poor soil conditions exist.
(e) All plant materials shall be maintained in a live and healthy condition, and free of
weeds. The developer and owner shall be required to remove weeds and replace all
sick or dead plant materials for a six (6) month period after installation.
Section 38.40 Design Features
Landscaping shall be designed to enhance the aesthetic quality of the development by use of
the following design features:
(a) Parking areas shall be screened from adjacent residential areas and streets, except at
driveways and street corners where visibility is needed.
(b) In certain locations, such as around trash enclosures, carports, pool equipment and
electronic transformers, the landscaping shall be designed to provide a visual screen
from these less pleasing features of the development.
(c) Trees shall be provided to shade large paved areas and to screen long building
frontages.
(d) Trees and shrubs shall be clustered together, for accent, to form aesthetically pleasing
groups and patterns.
(e) The density and placement of plants are to be determined by the plant size at maturity.
The size of ground cover and shrubs, when installed, shall give enough coverage for a
pleasing appearance in all landscaped areas.
(f) Trees shall have a minimum fifteen (15) gallon container size.
(g) Drought-resistant plant materials shall be selected when feasible.
(h) Gravel, redwood bark chips and similar material shall not be used as major landscaping
design features except in children's play areas. These materials may only be used to
cover bare soil between plant materials until the plants fill in at maturity.
(i) Sturdy raised curbs shall separate all planter areas from driveways and parking areas
where feasible. Wheel stops need not be provided in parking areas where the front
two (2) feet of the planter area is planted with low ground cover to accommodate the
overhang.
(j) Deep root planters must be provided where trees are planted within three (3) feet of
the City pavement or sidewalk.
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ZONING ORDINANCE
City of Gilroy
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SECTION 39
ACCESSORY STRUCTURES
Section 39.10 Statement ofIntent
The intent of this Section of the Ordinance is to provide regulations for buildings or structures
which are not main buildings on parcels, and in which the principal use of the land does not
take place.
Section 39.20 Permitted Zones for Accessory Structures
Accessory buildings as regulated herein are permitted in any district, whether constructed at
the same time as the main building on the lot, or subsequently. Accessory buildings in any
commercial or industrial zone shall be built subject to all of the same restrictions as apply to
the main building on the lot.
Section 39.30 Accessory Structures in Residential Zones
Accessory structures are permitted in residential zones only when they comply with the
following restrictions:
(a) No accessory structure shall be located within three (3) feet of any side or rear
property line_unless limited to seven feet in height and incorporates any necessary
measures to prevent water runoff onto adjacent properties.
(b) No accessory structure shall encroach upon the required front yard area or be located
within ten (10) feet of the property line along side yard on the street side of a corner
lot. Accessory structures located within the front one-half of the lot must be
constructed of materials, colors and architectural design consistent with the main
building.
(c) No more than two (2) accessory structures shall be permitted on one (1) lot.
(d) Accessory structures shall not occupy more than thirty percent (30%) of the lot area;
nor shall accessory structures plus the main buildings on any site occupy more than the
maximum lot coverage, if any, as specified for the district in which the lot is located.
No one (1) accessory structure shall exceed six hundred (600) square feet in size.
(e) Accessory structures located closer than five (5) feet to any main building shall be
considered part of the main building for the purposes of setbacks and shall comply
with all setback requirements for the specified zoning district in which the lot is
located.
(f) No accessory structure shall exceed twenty (20) feet in height, nor shall any accessory
building exceed one (1) story; or two (2) stories providing a Conditional Use Permit is
granted by the Planning Commission.
(g) Except for accessory dwelling units that meet the requirements of Section11.13,
accessory structures shall not be used for dwelling purposes. Only one (1) accessory
dwelling unit is permitted on a lot. No kitchen facilities will be allowed in any
accessory structure that does not comply with the requirements of Section 11.13 for
an accessory dwelling unit
39-1
(h) Play structures l.. ...er one hundred twenty (120) square fc,- .n area shall be exempt
from all provisions under this Section, except that they shall not be located within
three (3) feet of any side or rear property line, and shall not be located within the front
yard setback.
Section 39.40 Decks
In residential districts, decks must be located at least three (3) feet from any rear or side
property lines. Decks exceeding thirty (30) inches or more above the ground, or which have
vertical components or fixed seats above the finished surface within five (5) feet of the main
building, shall be considered part of the main building and shall adhere to the setback
requirements specified in Section 11 of this Ordinance.
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City of Gilroy
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-,ONING ORDINANCE
SECTION 40
HOME OCCUPATION
Section 40.10 Statement oflntent
The intent of the Home Occupation regulations is to allow for the orderly, safe, and nuisance-
free development of a use or occupation within a dwelling unit which is clearly incidental and
subordinate to the use of the dwelling for residential purposes. It is the intent of these
regulations to reduce the impact of a home occupation to the degree that its effects on the
neighborhood are undetectable from normal and usual residential activity.
Home occupations, as defined by this Section, may be conducted in any residential district and
agricultural district, provided such occupations are in compliance with the regulations set
forth in this Section and all other standards and regulations pertaining to permitted uses within
the zoning district in which the home occupation is located.
Section 40.20 Permitted Uses for Home Occupations
Any professional or business activity, except those listed in Section 40.40 as not suitable as a
home occupation, is permitted in a dwelling unit as a home occupation only where such a use
in a dwelling unit meets all of the following criteria:
(a) Only the residents occupying the dwelling unit may engage in a home occupation and
not more than two (2) such occupants shall be engaged therein.
(b) A home occupation shall be confined to, and carried on exclusively within, the main
building of the dwelling unit, not within an accessory building.
(c) There shall be no change in the outside appearance of the building premises, or any
visible evidence of the conduct of such home occupation or any construction feature
or alteration not of a residential character.
(d) There shall be no show windows, window displays or advertising on signs, structures,
or vehicles on or near the site designed to attract customers, clients or the general
public to the premises.
( e) There shall be no conduct of a business or office open to the public.
(f) No materials shall be transported to or from the premises in a commercial vehicle.
(g) There shall be no generation of pedestrian or vehicular traffic beyond that normal to
the district.
(h) No products shall be sold on the premises except artist's originals or products
individually made to order on the premises.
(i) No materials, supplies or equipment shall be stored out-of-doors or in any required
garage space.
(j) There shall be no operational characteristic or effect, including color, lighting, noise,
vibration, electrical disturbance, smoke or odor discernible at the exterior boundaries
of the building site, which would identifY the premises as serving a nonresidential
purpose.
(k) A home occupation shall be limited to having only two (2) clients, patients, or pupils
present on the premises at any time.
40-1
Section 40.30 Home Occupations Requiring a Conditional Use Permit
Any use or occupation which does not meet the criteria set forth in Section 40.20 ofthis
Ordinance may be permitted in a residential zone only in accordance with a conditional use
permit which may be issued by the Planning Commission.
Section 40.40 Use Not Permitted as Home Occupations
The following uses shall not be construed to be home occupations:
(a) Animal hospitals, or the harboring, training, raising or treatment of animals or birds for
commercial purposes.
(b) The repair or reconditioning on the residential site for commercial purposes of motor
vehicles or equipment, boats, or recreation vehicles, or display for sale of any vehicle.
(c) Beauty parlors, barber shops.
( d) Medical, dental or chiropractic clinics or hospitals.
(e) Uses which entail food handling, processing or packing.
(f) The use, handling, or storage of hazardous materials or chemicals, except those
materials in concentration, packaging, and type that are consumer products and kept in
typical household amounts.
(g) Any generation of hazardous waste material.
(h) The discharge of non-domestic wastewaters into the sanitary sewer or storm drain at
the residence. This includes commercial food preparation and dish cleaning.
Section 40.50 Non-Conformance to Criteria
Any permitted use or conditional use shall continuously conform to all the criteria set forth in
this Ordinance and in the conditions of the use permit. Any home occupation in a residential
or agricultural district which fails to conform to any of these criteria or conditions shall
immediately cease and all permits, including business license, shall immediately be null and
void.
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City of Gilroy
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LONING ORDINANCE
SECTION 41
PERFO~NCESTANDARDS
Section 41.10 Statement oflntent
It is the intent ofthis Section of the Ordinance to provide general standards which will protect
the health, safety, and welfare of residents of the City of Gilroy from land uses which would
include any dangerous, injurious, noxious, or otherwise objectionable public nuisance.
Section 41.20 General Provisions
No land or building in any zoning district in the City shall be used or occupied in any manner
so as to constitute any dangerous, injurious, noxious or otherwise objectionable public
nuisance. This would include uses that would create objectionable nuisance because of tire,
explosive or other hazard; noise or vibration; smoke, dust, odor or any other form of air
pollution; glare, heat, cold, dampness; electrical disturbance; radioactivity; liquid or solid
refuse and waste or any other form of water or soil pollution. The Planning Director may
require written consent from adjacent property owners and/or residents prior to the approval
of any project which may have the potential to create a nuisance.
Section 41.30 Specific Provisions - Hazardous Material Storage
"Any storage of hazardous material listed in the City's adopted Hazardous Material
Storage Ordinance shall require issuance of a Hazardous Materials Storage permit from the
Fire Marshal prior to bringing such materials on to any commercial or industrial property.
Section 41.40 Enforcement
The owner or operator of each land use to which performance standards apply shall be
responsible for maintaining a continuing level of performance within limits set by the City
Council. Initial and continued compliance with performance standards prescribed by the City
Council is required of every use in the City and provisions for the enforcement of continued
compliance with performance standards shall be invoked by the Planning Director against any
use, ifthere are reasonable grounds to believe that performance standards are being violated
by such use. When a violation is noticed, a report shall be forwarded to the Planning
Commission for its consideration.
Section 41.50 Planning Commission Action
Upon receipt of the Planning Director's report on a violation of performance standards, the
Planning Commission shall hold a public hearing to consider the matter. Upon a finding of the
Planning Commission that a violation exists or that corrective action is necessary to prevent
the occurrence or the recurrence ofa violation, the operator of the violating facility shall be
ordered to cease and desist; and all permits, zoning clearances or any other approvals for the
operation shall be voided and terminated until such time as the corrective action is taken and
such action approved by the Planning Commission.
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City of Gilroy
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ZONING ORDINANCE
SECTION 42
RECREA TIONAL VEHICLE (RY) PARK DEVELOPMENT REGULATIONS
Section 42.10 Statement oflntent
The intent of the Recreational Vehicle (RV) Park development regulations if to enable the
orderly, safe, and nuisance-free development and use ofRV parks. It is the intent of these
regulations to preserve the integrity and attractiveness of the City and to maintain its orderly
appearance.
Section 42.20
Permitted Zones for Recreational Vehicle Parks
Recreational Vehicle parks as regulated herein are conditionally permitted within the Highway
Commercial, Limited Industrial, and General Industrial zoning districts. Conditional Use
Permit approval 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.
Section 42.30
Guidelines
The following guidelines shall be used when reviewing applications for new or expanding
recreational vehicle park development proposals. Alternatives to each guideline may be
acceptable if the purpose of the guideline is achieved, and if reviewed and approved by the
Planning Commission.
(a) Minimum Spacing: A recreational vehicle (RV) park shall provide spaces to
accommodate various types ofRVs. The minimum distance to be provided
between 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
offive (5) feet shall be provided between RV patios and any adjacent RV space.
A minimum of six feet shall be provided between the appurtenant structures
attached to an RV and any adjacent RV space. No restroom shall be closer than
25 feet to, nor further than 400 feet from, an RV space. Other permanent
buildings shall be set back at least 10 feet from any R V space.
(b) LandscapingNisual Screening: The public street frontage shall be landscaped a
minimum of 10 feet 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 Section 38
(landscaping) of the Zoning Ordinance. The 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, etc... A variety of
42-1
recreational facilities shall be provided at a minimum of 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 guest parking space shall be provided for every ten R V
spaces. One parking space shall be provided for each shift employee and shall
be conspicuously labeled as such. One 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 City Zoning Ordinance Section 50.45. 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 42.40
Length of Stay
The owner and operation of the recreational vehicle park shall limit the stay of visitors at any
such facility to no more than 60 days during any 120-day period.
Section 42.41
Compliance Hearings
The owner and operation of a new or expanding recreational vehicle park shall be subject to
periodic compliance hearings before the City Planning Commission. Following issuance of a
Conditional Use Permit, the Planning Commission may periodically review the operation of an
RV park in order to determine its compliance with length-of-stay and operational requirements.
The recreational vehicle park owner shall submit to the City complete and accurate visitor
records, as well as reasonable additional information requested by the Planning Division or
Planning Commission. The park owner shall pay all costs associated with the compliance
hearings including a compliance audit, staff time, and other costs incurred by the City as a
result of compliance review.
Section 42.50
Non-Conformance to Criteria
Recreational vehicle parks shall continuously conform to the criteria set forth in this Ordinance
and to the conditions of the use permit. Any recreational vehicle park which fails to conform to
these criteria shall be subject to review and possible amendment or revocation of the
Conditional Use Permit.
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City of Gilroy
ZON. .; ORDINANCE
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SECTION 43
STREET MERCHANDISING
Section 43.10
Statement oflntent
It is the intent of this Section of the Ordinance to provide specific standards for Street Merchandising.
This Ordinance recognizes that:
a) Street Merchandising is an integral part of doing business in the Central District
Commercial;
b) All Downtown Merchants should be able to enjoy this privilege;
c) Appearance of the Central District Commercial is protected by providing measurable
standards for Street Merchandising compliance;
d) Street Merchandising by one merchant will not detract from the business operations of
other merchants; and
e) These standards are intended only to regulate merchandise for sale, placed on daily display
and is not intended to be interpreted for the sidewalk sale of food or other types of
permanent street furnishings for public use.
Section 43.20 Street Merchandising is allowed under the following regulations:
1. Street Merchandising is allowed only in the C2, Central District Commercial.
2. Merchandise shall not be allowed at the curb or within 5 feet of the curb.
3. All businesses shall have a CLEAR four feet path-of-travel past the store frontage on the
sidewalk and into the front entry of the business.
4. Merchandise placed in front of a business shall be immediately adjacent and not further
than 3 feet from the building fa<;ade.
5. Merchandise shall not rise more than 5 feet above the sidewalk.
6. The maximum amount of merchandise shall be limited to 25% of the linear frontage of the
store facade with a minimum display area of five feet for facades ofless than 20 linear feet.
7. Businesses located on a corner shall use their address frontage to calculate the amount of
display area allowed, with merchandise allowed only along that frontage.
8. Merchandise shall never be covered to protect it from the environment but removed
indoors for protection.
9. Street Merchandising will be limited to business hours.
10. Prior to placing merchandise on a public sidewalk, the business owner shall procure
insurance and submit to the City a certificate of insurance in an amount and form
acceptable to the City's Risk Manager, adding the CITY OF GILROY as an additional
insured to the Owner's comprehensive general liability policy.
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City of Gilroy
ZL .NG ORDINANCE
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SECTION 44
STREET FURNITURE OBJECTS
Section 44.10
Statement oflntent
It is the intent of this Section of the Ordinance to provide specific standards for setting Street
Furniture Objects in the Central District Commercial. This Ordinance recognizes that:
a. For some business' setting Street Furniture Objects is an integral part of doing business in
the Central District Commercial;
b. Appearance of the Central District Commercial is protected by providing measurable
standards for Street Furniture Object compliance;
c. Street Furniture Objects set by one merchant will not distract from the business operations
of other merchants; and
d. These standards are intended only to regulate the setting and placement of Street Furniture
Objects.
Section 44.20 Street Furniture Objects are allowed under the following conditions:
1. Street Furniture Object shall mean any object, other than a Portable Sign as regulated
under City Zoning Ordinance Section 37.90 or Street Merchandising under Section 43,
which is placed in the space between the curb of a public street and the adjoining property
line.
2. Street Furniture Objects shall be limited to the following:
a) Tables (not larger than 3 x 3 feet square or 3 feet in diameter) and chairs (not larger
than 2 x 2 feet square or 2 feet in diameter) and table umbrellas (not larger than 3
feet in diameter or lower than 6 ~ feet above the sidewalk) for restaurants and
similar businesses; or
b) Trash cans, benches, newspaper racks; and
c) Other incidental items subject to review and approval by the Community
Development Department.
3. Street Furniture Objects shall be placed only along that business' facade. In addition,
Street Furniture Objects shall not be placed any closer than 5 feet to the street curb and
shall not be placed within the sidewalk intersection (as defined under Municipal Code
Section 20.60).
4. Street Furniture Objects shall be placed in a manner so that all businesses shall have a
CLEAR four feet path-of-travel past the store frontage on the sidewalk and into the front
entry of that business.
5. Prior to placing Street Furniture Objects on a public sidewalk, the business owner shall
procure insurance and submit to the City a certificate of insurance in an amount and form
acceptable to the City's Risk Manager, adding the CITY OF GILROY as an additional
insured to the Owner's comprehensive general liability policy.
6. Street Furniture Objects shall not be placed over any utility box, or within 36 inches of a
fire hydrant.
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ZONING ORDINANCE
City of Gilroy
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SECTION 45
GENERAL REGULATIONS
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Section 45.10 Regulations For All Districts
The following regulations shall apply to all districts within the City of Gilroy. If any
regulations specified in this Section differ from any of the corresponding regulations specified
in another Section, this Section will prevail.
(a) No building permit shall be issued for any use within any district unless all buildings,
layout, parking, and landscaping plans including all signs have been submitted and
approved by the Directors of Planning and Public Works or their representatives.
(b) In unusual circumstances in specific areas and after a public hearing, the Planning
Commission may, by resolution, specifY more restrictive building line setbacks, yard
regulations, area regulations, and building height limitations as are consistent with the
use to which the property is to be put, and which will protect the general character of
the neighborhood.
Section 45.20 Prezone of Land Prior to Annexation
Any application for annexation to the City after the effective date of this Ordinance shall be
accompanied by an application to prezone the property to a zoning district consistent with that
of the General Plan Land Use Designation. All lands proposed for annexation shall be
prezoned prior to formal annexation.
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City of Gilroy
LONING ORDINANCE
SECTION 46
EXCEPTIONS
Section 46.10 Public Service Exceptions
This Ordinance shall not limit or interfere with the temporary use of any property as a public
voting place; or with the construction, installation or operation by any public agency or
private corporation of any power transmission and distribution line, communication facility, or
transportation line or conduit; or of any incidental appurtenances to any of the above, when
located in a street or a utility easement.
Section 46.20 Building Site Requirement Exceptions
Even though the width of the area is less than the minimum required by this Ordinance for the
district, any of the following specified lots or parcels of land may be used as a building site if
all other requirements are met; provided, that not more than one (1) dwelling unit shall be
placed upon any such lot or parcel:
(a) Any lot shown on a subdivision recorded prior to the 20th day of September, 1937, or
of record as a separate parcel at the time of annexation to the City.
(b) Any other parcel ofland purchased prior to the 20th day of September, 1937, by the
present owner or by a person from whom the present owner acquired it through
testamentary disposition or intestate succession, where no adjacent land is owned by
the same person.
(c) Any lot or parcel ofland, where the deficiency in width or area is due exclusively to
the taking of a portion thereof for a public purpose or the sale of a portion thereof to
any agency or political subdivision of the State or Federal Government; provided, that
this last stated exception shall not apply to any such lot or parcel of land having a
width less than thirty (30) feet or an area less than four thousand (4,000) square feet.
Section 46.30 Lot Coverage Exceptions
In applying the regulations of this Ordinance, the features ofa structure as hereinafter set
forth shall not be included as coverage and may project into a required yard space to the
extent specified.
(a) Cornices, canopies, eaves or other projections which do not increase the volume of
space enclosed by the building. None of these shall project into a required yard more
than three (3) feet.
(b) No fire escape shall project into a required yard more than four (4) feet, six (6) inches.
(c) An uncovered stair and landing which does not extend above a ground floor entrance
except for the railing. No such stair and landing shall project more than three (3) feet
into a required yard. No such stair and landing shall extend beyond any official plan
46-1
(Revised 11-20-95)
line or future width line established in accordance with the provisions of this
Ordinance.
Section 46.40 Density Exceptions
All residential developments shall comply with the density restrictions of the underlying
zoning district in which they are located. However, the City shall grant a residential density
bonus of 25 percent over the otherwise maximum allowable residential density for the
applicable zoning district, with a possible additional incentive, to developers who agree to
provide the following:
I. At least 20 percent of the units must be affordable to lower income
households, as defined by California Health and Safety Code Section 50079.5;
or
II. At least 10 percent of the units must be affordable to very low income
households, as defined by California Health and Safety Code Section 50105; or
III. Housing developments in which at least 50 percent of the units are reserved for
qualifying residents, as defined in California Civil Code Section 51.2 et seq.
To qualify for a density bonus, residential projects must consist of a minimum of five dwelling
units, exclusive of any density bonus units. A developer who agrees to construct housing in
more than one of the categories listed above shall be entitled to only one 25 percent density
bonus.
Section 46.41 Application and Processing
Projects requesting a density bonus must be located within a Planned Unit Development
(PUD) combining district. All requests for a density bonus shall be reviewed through the
City's Planned Unit Development approval process (Section 50.50). Within ninety days after
receipt of a preliminary written proposal for the development of housing pursuant to this
Section 46, the City shall notifY the developer, in writing, of the procedures required for
compliance with this section. It is contemplated that such preliminary proposal may be
submitted prior to the submittal of any formal requests for General Plan amendments, zoning
amendments or subdivision map approvals.
Section 46.42 Duration of Program
All units shall remain affordable to their specified income groups, or remain exclusively for use
by qualifying residents, as defined in Section 46.40, for the following periods of time:
(a) Ten (10) years if a density bonus is given with no other incentives.
(b) Thirty (30) years ifa density bonus and an additional incentive is given.
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Units shall be restricted for a longer period of time if required by a construction or mortgage
financing assistance program, mortgage insurance program or rental subsidy program.
Section 46.43 Rental and Sales Price
Rental and sales prices shall comply with the requirements of California Government Code
Section 65915.
Section 46.44 Compliance with the Residential Development Ordinance
All projects receiving a density bonus must comply with the requirements of the Residential
Development Ordinance ("RDO") (Section 50.60), except where such project is exempt under
the terms of the RDO.
Section 46.45 Additional Incentives
In addition to the density bonus, at least one other incentive identified in California
Government Code;) 65915 (h) shall be provided to developers proposing housing
developments meeting the requirements of Section 46.40, unless the City finds that the
additional concession or incentive is not required in order to provide for housing at affordable
housing costs as defined in California Health and Safety Code Section 50052.5 or for rents for
the affordable units as calculated in California Government Code Section 65915(c). Provision
of an additional concession or incentive will cause the affordable and/or qualifying resident
units to be restricted for thirty years, rather than ten years, as described in Section 46.42
above. Concessions and incentives are subject to City Council review and approval.
Section 46.46 Number of Units
The required number of affordable or qualifying resident units and the permitted number of
density bonus units shall be calculated as follows:
(a) The density bonus units shall not be included when determining the total
number of required lower income or very low income units or qualifying
resident units.
(b) When calculating the number of required restricted units and the number of
permitted density bonus units, any resulting fraction of a unit shall be rounded
up to count as a whole unit.
(c) In cases where density increases of less than 25 percent are requested, no
reduction in the number of required affordable or qualifying resident units will
be permitted.
46-3
Section 46.47 Density Bonus Agreement
Applicants requesting a density bonus shall enter into an agreement with the City, on terms
acceptable to the City, to ensure ongoing compliance with the provisions of this ordinance.
This Density Bonus Agreement shall be entered into prior to recordation of the Final Map, for
developments which require a Tentative Map application to be processed. For all other
developments, the Density Bonus Agreement shall be entered into prior to approval of an
Architectural and Site Review. Identification and designation of the density bonus units and
appropriate rent and resale controls shall be incorporated as part of the grant deeds for the
residential development regulated by this Section 46.40. All such controls or restrictions
applicable thereto shall run with the land for the duration of the program pursuant to Section
46.42 and shall be recorded as part of the grant deeds with the County Recorder. Proof of
such recordation shall be deemed a condition precedent to occupancy of any residential unit
within a development regulated hereunder. The Density Bonus Agreement shall specifY that
construction of the deed restricted properties occur in the same ratio and at the same time as
construction ofthe non-deed restricted properties.
Section 46.48 Severability
If any section, subsection, subdivision, sentence, clause, phrase, or word of this Chapter is for
any reason held to be invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have adopted this ordinance and each and every provision herein,
irrespective ofthe possibility that one or more provisions might be declared invalid.
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City of Gilroy
LONING ORDINANCE
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SECTION 47
TEMPORARY USES
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Section 47.1 0 Temporary Uses
Certain temporary uses of property may be permitted in any district. The permit or license
may be made contingent upon such conditions and time limitations as are reasonably necessary
to secure the public welfare. The violation of any such condition shall be grounds for the
revocation of the permit or license. The enforcing officer may require guarantees to assure
removal of the temporary use and of any debris or refuse resultant from the use, so as to
restore the premises to the prior condition.
Section 47.20 Temporary Construction Buildings
Temporary buildings and uses incidental to the construction of a building or group of
buildings on the same or adjacent premises, may be permitted in any district, where the use of
such temporary buildings conforms to uses permitted in such zoning district.
Section 47.30 Sales Offices
A temporary tract or sales office may be permitted in an R district during the period of
construction or sale of homes in a new subdivision, iflocated in a dwelling or in a temporary
structure not less than twenty (20) feet from any other structure. The office shall be removed
and the entire premises shall be restored to conform to the district regulations within thirty
(30) days after the sales for such tract are concluded.
Section 47.40 Outdoor Sales on Public Property
Outdoor sales with merchandise displayed on any public right-of-way, public street or
sidewalk, shall be restricted to four (4) per year per organized shopping area, and shall last no
more than four (4) consecutive days. Regularly scheduled community-wide civic events, as
determined by the Planning Director, shall be exempt from these provisions.
Section 47.50 Other Temporary Uses
Any ofthe following uses may be permitted, subject to a specific time limit not to exceed
thirty (30) days:
(a) Neighborhood bazaar, exhibition, celebration or festival in any district, when
sponsored by an organized group of residents or tenants in the vicinity.
(b) Booth for charitable, welfare, civic or patriotic purposes.
(c) Open-air sale of Christmas trees, except in residential districts.
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(d) Other temporary vutdoor uses that meet all other conditio....> of this Ordinance, and
where the Zoning Administrator determines that no safety hazards will result from the
proposed use.
47-2
City of Gilroy
ZONING ORDINANCE
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SECTION 48
NON-COMFORMING USES AND BUILDINGS
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Section 48.10 Criteria
Any use lawfully occupying a building or land at the effective date of this Ordinance or of
subsequent amendments hereto, that does not conform to the regulations for the district in
which it is located shall be deemed to be a non-conforming use and may be continued, except
as otherwise provided herein. Any building lawfully existing at the effective date of this
. Ordinance, or of subsequent amendments hereto, that is wholly or partially used, or designed
for use, contrary to the regulations for the district in which it is located, shall be deemed to be
a non-conforming building and may be so used or continue in such use. Any building for
which a permit has been lawfully granted at the effective date of this Ordinance, or of
subsequent amendments to it, must be completed in accordance with the approved plans;
provided, that actual construction is started within two (2) months of the date of issuance of
the permit and diligently executed until its completion. The term "actual construction" for the
purposes of this Section is intended and shall be construed to mean the performance of any
work or labor, the effect of which is apparent upon the building site or the placing of any
material thereupon required or reasonably necessary for the construction of the building.
Such building shall thereafter be deemed to be a lawfully existing non-conforming building.
Section 48.20 Variance Granted Automatically
A variance is granted automatically, hereby, so as to permit the continuation of the particular
existing uses of any building, structure, improvement or premises existing in the respective
zones immediately prior to the time this Ordinance or any amendment thereof becomes
effective if such existing use was not in violation of this or any other Ordinance or law.
Section 48.21
As used in this Section the word "property" refers only to that portion of the property
actually utilized for the existing use. The word "improvement" does not include any
improvement not a part of the existing use, and such improvement which is not a part
of the existing use shall be disregarded in the construction of this Section.
Section 48.22
This Section does not authorize the extension, expansion or enlargement of such
existing use, or permit the addition of structures or other facilities in conjunction with
such existing use; unless all of the following conditions can be met:
(a) The proposed extension, expansion, and/or enlargement is limited to a
maximum often percent (10%) of the gross floor area of the non-conforming
use.
48-1
(b) The proposed project does not require additional ou-street parking, which
cannot be accommodated on-site.
(c) The proposed project will not effect the character of the neighborhood.
(d) An approved Minor Deviation application has been obtained. Should the
Planning Manager determine the nature of the variance necessitates a public
hearing, an approved Conditional Use Permit must be obtained from the
Planning Commission.
(e) The Planning Commission may grant an extension, expansion or enlargement
not to exceed twenty-five (25) percent of the gross floor area of the non-
conforming use subject to an approved Conditional Use Permit.
Section 48.23
When the non-conforming use has been discontinued for a period of twelve (12)
months or more, the non-conforming use shall not be reinstated.
Section 48.24
Nothing in this Ordinance shall be construed to prevent the restoration and resumption
of former lawful use of any building that is damaged or partially destroyed by fire or
other calamity, or by act of God or by the public enemy to the extent of seventy-five
percent (75%) or less; provided that such restoration is permitted by chapter 6 of the
Gilroy City Code, and is started within one (1) year after such damage and diligently
prosecuted to completion. A non-conforming building that is completely destroyed or
damaged or partially destroyed in any of the above manners to a greater extent than
above specified, or voluntarily razed or required by law to be razed, shall not
thereafter be restored except in full conformity with all the Provisions of this
Ordinance as to building and use. The amount of destruction shall be calculated by
taking seventy-five percent (75%) of the full assessed value of the improvements
destroyed, as such value is shown on the current equalized assessment roll of Santa
Clara County.
Section 48.25
Whenever a non-conforming use of land or a building has been changed to a
conforming use, or discontinued for a continuous period of one (1) year, such use shall
not thereafter be reestablished, and the use of the premises thereafter shall be in
conformity with the regulations for the district. Non-conforming uses located within
designated Historic Structures may be reinstated or allowed to continue subject to an
approved Conditional Use Permit from the Planning Commission. Where no enclosed
building is involved, discontinuance ofa non-conforming use for a period of six (6)
months shall constitute abandonment.
Section 48.30 Extension
In addition to the other grounds set forth in this Ordinance, an exception which has been
automatically granted under this Section may be extended if it is determined thatthat the
nature of the improvement is such that to require cessation of use would impair the property
rights of any person to such an extent as to be an unconstitutional taking of property.
48-2
Section 48.40 RevocauJn of Automatic Variance
In addition to other grounds stated in this Ordinance, a variance which has been automatically
granted may be revoked if it is determined:
(a) That the condition of the improvements on the property, ifany, are such that to
require the property to be used only for those uses permitted in the zone where it is
located would not impair the constitutional rights of any person.
(b) That the nature of the improvements are such that they can be altered so as to be used
in conformity with the uses permitted in the zone in which such property is located
without impairing the constitutional rights of any person.
Section 48.50 Public Hearing
A variance for an existing non-conforminK use may be extended, modified or revoked subject
to a public hearing held in the manner provided for in Section 51 of this Ordinance.
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City of Gilroy
L:,ONING ORDINANCE
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SECTION 49
POWERS OF THE ZONING ADMINISTRATOR, THE PLANNING
COMMISSION, AND THE HISTORIC HERITAGE COMMITTEE
Section 49.10 Powers of the Zoning Administrator
The Zoning Administrator shall have the power to decide any question involving the
interpretation of any provision of this Ordinance and this decision shall be final unless an
appeal is taken to the Planning Commission, as provided in Section 51, and overruled by a
majority vote of the Planning Commission.
Section 49.11 Duties
The duties of the Zoning Administrator shall be undertaken by the Planning Director
of the City of Gilroy.
Section 49.20 Powers of the Planning Commission
The Planning Commission shall have the power to decide any question involving the
interpretation of any provision of this Ordinance which is forwarded by the Zoning
Administrator. Its decision shall be final unless an appeal is taken to the City Council, as
provided in Section 51, and overruled by a majority vote of the City Council.
Section 49.21 Interpretation of Uses
Whenever the Planning Director is in doubt as to the classification of a use not
specifically mentioned in this Ordinance, the determination shall be made by the
Planning Commission. The referral shall include a detailed description of the proposed
use and such other information as may be required.
Section 49.22 Other Policies, Rules and Regulations
The Planning Commission shall have authority to establish from time to time such
policies, rules and regulations not in conflict with other laws as it may deem necessary
to assure the proper administration and enforcement of this Ordinance.
Section 49.30 Powers of the Historic Heritage Committee
The purpose and intent ofthe Historic Heritage Committee is to act as an advisory board to
the City Council and Planning Commission on issues relating to the identification, protection,
retention and preservation of historic sites and historic neighborhoods in the City of Gilroy.
49-1
Section 49.31 Committee Membership
The Historic Heritage Committee shall consist offive (5) members, each appointed by
the Mayor with the approval of the City Council. Terms shall be for two (2) years,
and shall be staggered. Members may serve up to a maximum of three (3) consecutive
terms. The members shall consist of:
(a) One member of the Planning Commission.
(b) One member of the City Council.
( c ) One citizen member with training or experience in structural rehabilitation.
(d) Two (2) citizen members knowledgeable in local history or architecture.
Section 49.32 Committee Powers
The Historic Heritage Committee shall have the following powers and duties:
(a) To review and investigate any building, structure or other physical object in the
City which is under consideration as a Historic Site or Neighborhood
Combining District.
(b) To recommend to the Planning Commission and Council any building,
structure or other physical object or group of buildings, structures or other
physical objects which it has determined from review and investigation should
be designated as a Historic Site or Neighborhood Combining District. The
recommendation shall contain a brief written description of the building,
structure or other physical object, and the reasons for the recommendation,
drawn from specific criteria.
(c) To maintain and update a local register of historic neighborhoods and historic
sites within the City.
(d) To review and investigate requests for demolition permits for any building,
structure or other physical object in the City which is not listed on the local
register of historic sites but is more than fifty (50) years old.
(e) To review all applications for permits, environmental assessments,
environmental impact reports and other similar documents pertaining to
historic sites and historic neighborhoods.
(f) To make recommendations to the City's Street Naming Committee regarding
possible new street names from Gilroy's cultural and historical past.
(g) To institute and support such programs and projects as will help make the
citizens of the City and its visitors aware of its origin, development and historic
significance.
(h) To perform such other duties relating to the city history and historic sites and
neighborhoods as the City Council requires.
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City of Gilroy
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LONING ORDINANCE
Section 50.10 Designation
The Planning Department shall be responsible for creating, distributing, accepting, processing
and filing applications for the following:
(a) Variances (See Section 50.20)
(b) Reasonable Accommodation (See Section 50.23)
(c) Conditional Use Permits (See Section 50.30)
(d) Architectural and Site Approval (See Section 50.40)
(e) Planned Unit Development Approval (See Section 50.50)
(f) Residential Development Approval (See Section 50.60)
(g) Zoning Ordinance and or Zoning Map amendments (See Section 52)
Section 50.20 Variances
Section 50.21 Major Variances
The Planning Commission shall receive, investigate, hear and take action upon every
application for a major variance from the strict application of any of the provisions of
this Ordinance. It shall approve only such variances as are in harmony with the
general purpose and intent of the Zoning Ordinance and in accordance with the
specific regulations hereinafter set forth.
(a) A major variance shall be approved only when the strict and literal
interpretation of the regulations in the particular case would involve practical
difficulties or unnecessary hardship, and only to the extent necessary to
overcome such difficulties or unnecessary hardship.
(b) The Commission shall hold a public hearing on each application for a major
variance as provided in Section 51.
(c) A major variance, in whole or in part, or subject to conditions may be
approved by the Commission, if, from the information presented in the
application or at the hearing, it appears, and the Commission finds all of the
following:
(1) That there are exceptional or extraordinary circumstances applying to
the property involved or to the proposed use.
(2) That because of such exceptional or extraordinary circumstances, the
literal enforcement of specified provisions of this Ordinance would
result in practical difficulty or unnecessary hardship such as to deprive
the applicant of a substantial property right possessed by other owners
of property in the same class or district.
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(3) That the allowance of the variance will not, under the circumstances of
the particular case, be materially detrimental to the public welfare or
materially injurious to persons or property in the vicinity.
(4) That the results of allowing the variances as specified will be in
harmony with the general intent of the Zoning Ordinance.
(5) That the granting of a variance will not constitute the granting of a
special privilege greater than that provided for by the standard
provisions of this Ordinance for other properties in the vicinity and in
the same zoning district.
(d) In approving a major variance, the Commission shall specifY the character and
extent thereof. A variance may be made conditional and it may be made valid
for a specified time period. One of such conditions may be the requirement of
suitable guarantees to secure compliance and to protect the public health,
safety, convenience and general welfare. Once any portion of a variance is
utilized, all such conditions and specifications shall be immediately operative,
and the violation of any of them shall constitute a violation of the Ordinance.
Section 50.22 Minor Deviations
Where an application is being made for a building permit for the construction or
installation of a building or structure which is prohibited unless there first be obtained
a variance in the setback, yard, parking or building site area requirements applicable to
such building or structure, the applicant for such building permit may file with the
Zoning Administrator an application for such variance. The application for the
variance shall be made on a form supplied by the Zoning Administrator and shall be set
forth or be accompanied by such information and evidence as the Zoning
Administrator shall require, including the evidence required by Section 50.21 of this
Ordinance, and may include or be accompanied by a written consent to the granting of
the variance signed by the owner or owners of each lot or parcel adjoining the site of
the proposed building or structure and the owner or owners ofland across any street
from such site. At the time of filing such application for a minor deviation from this
Ordinance, the applicant shall pay any fee which may be established from time to time
by resolution ofthe City Council.
Upon receipt of an application for a variance filed pursuant to this Section, and after
determining that the requirements of Section 50.21 of the Ordinance have been met
and that the size, shape, topography, or location of said site, or the location of existing
buildings, or other conditions cause compliance with the applicable setback, yard or
building site area requirements impossible without practical difficulty or hardship, the
Zoning Administrator may without notice or hearing, approve the application for the
building permit and such approval shall constitute the granting of a variance with
respect to the building or structure for which the application for the building permit is
made; provided however, the Zoning Administrator shall not give any such approval
which constitutes the granting ofa reduction in excess of twenty-five percent (25%) of
the applicable setback, yard or building site area requirements or up to four (4) stalls
of the parking requirements. The Zoning Administrator shall give notice of all such
approvals of minor deviations to the Planning Commission.
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In the event the Zoning Administrator declines to grant a variance requested pursuant
to this Section, the applicant may file with the Planning Commission an application,
with full fees, for a standard variance pursuant to the provisions of Section 50.21 of
this Ordinance.
Section 50.23 Reasonable Accommodation
(a) Purpose:
This section of the Zoning Ordinance has been established pursuant to the Federal Fair Housing
Amendments Act of 1988 (FFHAA), in order to provide people with disabilities reasonable
accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal
access to housing. The purpose of this section is to provide a process for individuals with
disabilities to make requests for Reasonable Accommodation in regard to relieffrom the various
land use, zoning, and development policies & procedures.
(b) Application:
1. Any person who requires reasonable accommodation, because of a disability, in the
application of a zoning law which may be acting as a barrier to fair housing
opportunities may do so on a form to be provided by the Planning Division.
2. If the project for which the request is being made also requires some other planning
permit or approval, then the applicant shall file the request together with the
application for such permit or approval.
(c) Notice of Request for Accommodation:
Written notice that a request for reasonable accommodation shall be given as follows:
1. In the event that there is no approval sought other than the request for reasonable
accommodation, the notice shall be mailed to the owners of record of all properties
which are immediately adjacent to the property which is the subject ofthe request.
2. In the event that the request is being made in conjunction with some other process, the
notice shall be transmitted along with the notice of the other proceeding.
(d) Grounds for Reasonable Accommodation
In making a determination concerning the reasonableness of a requested accommodation, the
following factors shall be considered:
1. Special need created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures;
5. Alternative accommodations which may provide an equivalent level of benefit;
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6. In the case of a determination involving a one-family dwelling, whether the household
would be considered a single housekeeping unit if it were not using special services
that are required because of the disabilities of the residents;
7. Whether the requested accommodation would impose an undue financial or
administrative burden on the City; and
8. Whether the requested accommodation would require a fundamental alteration of a
City Program, which includes the Uniform Housing, Building and Fire Codes.
(e) Notice of Proposed Decision
1. Notice of the proposed decision shall be made in the same manner as provided below.
2. Within ten (10) days of the date the notice is mailed, any person may make a request
for a hearing before the Planning Division Manager, or his or her designee.
3. If no request for hearing is received the proposed decision shall become a final
decision.
(f) Planning Division Manager's Hearing
The Planning Division Manager, or his or her designee, shall conduct a hearing on the request
for reasonable accommodation at which all reasonable evidence and credible testimony shall
be considered.
1. Notice of Planning Division Manager's Decision
2. Within thirty (30) days after the hearing, the Planning Division Manager, or his or her
designee, shall issue a decision granting the request, including any reasonable
conditions, or denying the request.
3. The notice of decision shall contain the Planning Division Manager's factual findings,
conclusions and reasons for the decision.
4. The notice of decision shall be made in the same manner as set forth in the previous
section.
Section 50.30 Conditional Use Permits
Section 50.31 Issuance
The term conditional use shall include every use or occupancy of a structure, or a use
of land, listed in this Ordinance as permitted upon issuance of a use permit and not
otherwise. No use permit for a use in any district which is listed in the district
regulations as a conditional use for that class of district shall be authorized except in
accordance with the following regulations. Every such use is declared to possess
characteristics such as to require, in pursuit of the general intent of this Ordinance,
special review and appraisal in each instance.
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Section 50.32 Application
The Planning Commission shall receive, investigate, hear and decide upon every
application for a conditional use and, after the hearing, shall approve the issuance of a
use permit therefore only if the evidence presented at the hearing is such as to
establish:
(a) That the proposed use is properly located in relation to the General Plan and to
the community as a whole and to other land uses and to transportation and
service facilities in the vicinity.
(b) That the proposed use, if it complies with all conditions, upon which approval
is made contingent, will not adversely affect other property in the vicinity, or
cause any damage, hazard or nuisance to persons or property.
Section 50.33 Planning Commission Conditions
The Commission may provide that issuance of the use permit shall be contingent upon
acceptance and observance of specified conditions, including, but not limited to, the
following matters:
(a) Conformity to plans and drawings submitted with the application.
(b) Special yards, open spaces, buffer strips, walls, fences, concealing hedges,
landscaping.
(c) Performance characteristics, related to the emission of noise, vibration and
other potentially dangerous or objectionable elements.
(d) Limits on time of day for the conduct of specified activities.
(e) Guarantees as to compliance with the terms of the approval.
Section 50.34 Re-application
The Commission may receive applications, subject to the same regulations and
procedures as those which apply to new conditional uses, to modifY or waive any
condition imposed by it in authorizing the issuance of a use permit, or set forth in a
prior use permit continued in effect by the provisions of paragraph 50.35 of this
Section. After the hearing, it may modifY or waive any such conditions, if it finds that
such change or waiver is necessary for the preservation of a substantial property right
of the applicant or to avoid practical difficulties or unnecessary hardship, and would be
consistent with the intent of this Ordinance.
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Section 50.35 Expiration
Wherever a use for which approval of a use permit by the Planning Commission, or by
the Council on appeal, is required, or a use classified and listed herein as a conditional
use in the district, lawfully exists at the effective date of this Ordinance, then such use,
as long as it remains the same, shall be deemed to be an authorized and lawfully
permitted use without further action. Whenever any such use, or any use hereafter
authorized as a conditional use, is discontinued for one (1) year, such use shall not be
re-established unless it is authorized under new proceedings.
Section 50.36 Additional Uses Permitted
The Commission may, after a public hearing, permit the following uses in districts
from which they are prohibited by this Ordinance where such uses are deemed
essential or desirable to the public convenience or welfare, and are in harmony with the
various elements or objectives of the comprehensive General Plan. A notice of such
public hearing shall be given in accordance with the provisions of Section 51 of this
Ordinance:
(a) Airport or aircraft landing field.
(b) Cemetery.
(c) Columbarium, crematory or mausoleum.
(d) Day nursery.
(e) Development of natural resources together with the necessary buildings,
apparatus or appurtenances incident thereto.
(f) Educational institution operated by a nonprofit or governmental entity.
(g) Government enterprises (Federal, State and local).
(h) Hospital.
(i) Library or museum operated by a nonprofit or governmental entity.
(j) Park, playground or recreational community center.
(k) Private club, fraternity house, sorority house, union hall (but not including a
hiring hall), senior citizen center.
(l) Radio or television transmitter, scientific or educational research center, public
utility facility.
Section 50.40 Architectural and Site Approval
The intent of architectural and site approval is to maintain the character and integrity of the
neighborhood by promoting excellence of development, preventing undue traffic hazards or
congestion, and encouraging the most appropriate development and use ofland in harmony
with the neighborhood and in accordance with the General Plan.
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Section 50.41 Review
The Planning Director shall review and decide applications for architectural and site
approval, and shall be bound by any uniform standards adopted by City Council or
Planning Commission relating to the intent, scope or review, of requirements of
architectural and site approval. The Planning Director shall review and may issue
architectural and site approval for the following uses:
(a) Construction or major remodeling of structures in an industrial, commercial,
professional office, public facilities or open space zone. (Major remodeling
includes any structurally separate building additions or alterations within any
twelve (12) month period exceeding fifty percent (50%) of the floor area,
facade or the value of the existing building; value to be determined by the City
Building Department). Major interior remodeling projects may be exempt
from review if they are determined by the Director of Planning not to be
significant in terms of potential impacts to surrounding land uses and meet all
other minimum City standards.
(b) Residential developments having two (2) or more total units on a parcel.
( c) Relocated or moved buildings.
(d) Changes in Historic Site or Neighborhood Combining Districts which the
Planning Director determines are not significant, and thereby do not require
further review. The Historic Heritage Committee shall review and make
recommendations to the Planning Commission on applications for architectural
and site approval which involve significant changes, and shall be bound by any
uniform standards adopted by City Council or Planning Commission relating to
the intent, scope or review, of requirements of architectural and site approval.
The Planning Commission shall review and may issue architectural and site
approval for the following uses:
(1) Remodeling or construction in a Historic Neighborhood Combining
District, as defined in Section 27.41, involving significant changes, as
determined by the Planning Director.
(2) Remodeling or construction in a Historic Site Combining District, as
defined in Section 27.42, involving significant changes, as determined
by the Planning Director.
(e) Development of four or more single family residential parcels which have been
created from the same Parcel Map, Tentative Map or Final Map.
Any other remodeling, except as indicated above, shall be exempt from architectural
and site approval. A building permit shall not be issued until architectural and site
approval is obtained from the Planning Director or the Planning Commission, if
appealed.
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Section 50.42 Filing of Application
Applications for architectural and site approval shall be filed with the Planning
Department. The department shall prescribe the form and content of the application.
A site development plan and architectural design drawings shall accompany the
application. If development is to be carried out in stages, each stage shall be shown on
a master plan of development.
Section 50.43 Fees
For the purpose of partially defraying the expense involved in connection with an
application, a filing fee as established from time to time by resolution of the City
Council shall be required. No fee shall be required if an architectural and site approval
report is required as a condition of issuance of a use permit or a variance.
Section 50.44 Scope of Review
The Planning Director shall review the application to insure that the development
addresses and adequately meets requirements for the following:
(a) Traffic safety and efficiency.
(1) Traffic volume and conditions on abutting or access streets.
(2) Street improvements, including lighting.
(3) Circulation patterns within the development, including the locations and
dimensions of vehicular and pedestrian entrances, exits, drives,
walkways, buildings and other related facilities.
(4) Adequacy of off-street parking.
(5) Surfacing, lighting and landscaping of off-street parking facilities.
(6) Location, quantity, height of materials, and shape of landscaped areas.
(7) Adequacy, location, arrangement and dimensions of truck loading and
unloading facilities.
(b) Outdoor advertising and signs:
(1) Potential traffic hazards.
(2) Appearance.
(3) Harmony with adjacent development.
(4) Favorable image of the City.
(5) Number, area, bulk, shape, height, location, separation, clearance,
projection, illumination, color and landscaping of such signs.
(c) Site development:
(1) Physical characteristics of the site.
(2) Existing and proposed easements.
(3) Appearance and harmony of buildings with adjacent development, the
character of the neighborhood, and existing and projected public
improvements.
(4) Location, appearance and orientation of structures, open spaces and
activities.
(5) Determination of boundaries, building setbacks and uses intended.
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(d) Landscaping:
(1) Harmony with adjacent development.
(2) Concealment of storage areas, utility installations, or other unsightly
development.
(3) Quantity, location, height and materials of walls and fences, hedges,
screen planting and landscaped areas.
(4) Planting of ground cover or other surfacing to prevent erosion and
reduce dust.
(5) Unnecessary destruction of healthy trees.
(6) Facilities and methods of insuring continued maintenance of
landscaping.
(e) Drainage and flood control and health standards:
(1) Effect on flood control and storm and surface water drainage facilities.
(2) Additional flood control and drainage improvements required.
(3) Minimum health standards.
(4) Consistency with the City's adopted Flood Plain Management
Ordinance.
(f) Fire protection:
(1) Additional fire protection improvements required.
(2) Location, number and type of such improvements.
(3) Adequacy of the water supply for fire protection purposes.
(g) Environmental impacts:
(1) Consistency with the City's adopted Environmental Review Procedures
and Process.
(2) Consistency with the California Environmental Quality Act (CEQA).
The Planning Director may request any information, including maps, impact reports,
and/or design criteria, deemed necessary to evaluate the application.
Section 50.45 Conditions
The granting of architectural and site approval may include such conditions as the
Planning Director deems reasonable and necessary under the circumstances to carry
out the requirements of the zoning district and the intent of architectural and site
approval, and to insure that the development will meet the requirements enumerated in
Section 50.44. The following conditions shall be standard on all architectural and site
approvals:
(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, 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 adopted
Consolidated Landscaping Policy and the approved specific landscape plan.
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(b) Trash Enclosures: All trash enclosures shall consist of visually solid fences and
gates, six (6) feet in height, in accordance with the adopted City of Gilroy
standard trash enclosure design plan, or a similar design approved by the
Planning Director. All trash enclosures shall be located in accordance with the
approved site plan and the Uniform Fire Code.
(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.
(d) Mechanical Appurtenances: Mechanical equipment to be located on the roof
of a building shall be screened by an architectural feature of the building such
that it cannot be seen from ground level at the far side of the adjacent public
right-of-way, whenever possible.
Other conditions may include, but are not limited to, conditions regarding site
planning, architecture, engineering, landscaping, street dedication, flood control and
drainage, street drainage and flood control improvements, building setbacks, off-street
parking, off-street loading, outdoor advertising, street lighting, survey of property, fire
protection, excavation, grading, sewage disposal, water supply, geological
engineering, and environmental concerns.
Such conditions may also include the execution of a land development agreement with
the City to fulfill the conditions of architectural and site approval within a specified
period of time. Said agreement may be secured by a good and sufficient improvement
security. A liability insurance policy in amounts and form may be required.
Section 50.46 Inspection Prior to Use and Occupancy
The conditions of an architectural and site approval may prohibit a building, structure
ofland use to be occupied until an inspection has been made and it is found that the
building, structure or land use complies with all the conditions required to be
completed prior to occupancy. If a building permit is issued for a building or structure
which is subject to an architectural and site approval, the Building Inspector shall not
approve a final inspection of such building or structure until the Planning Director or
an authorized representative has inspected the building or structure and approved the
use and occupancy.
Section 50.47 Notification of Approval
Upon the grant of an architectural and site approval, the Planning Department shall
prepare and deliver a letter of approval with any conditions attached thereto to the
applicant. The Planning Director shall report to the Planning Commission of all
approvals and disapprovals.
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Section 50.48 Terms of Approval
(a) Time Limits
If any development for which architectural and site approval has been granted
is not established within one (1) year from the date of notification of approval,
the approval shall be deemed automatically revoked. Upon application, an
extension of time may be granted by the Planning Director.
(b) Transfer
Architectural and site approval shall be deemed revoked if the use for which
the approval is granted is changed unless, upon application to the Planning
Director, the approval is transferred. The Planning Director shall transfer the
approval to the new use if the previous approval meets the requirements of this
Section for the changed use. If the Planning Director does not reissue the
approval, a new application must be filed.
(c) Conformance to Approval
Development for which architectural and site approval has been granted shall
conform to the approval and any conditions attached thereto.
(d) Modification
Upon request ofthe applicant, modification ofthe approved plan, which meet
the requirements of this Section, may be made by the Planning Director.
(e) Appeal
The applicant, if not satisfied with the terms and conditions of approval or a
denial from the Planning Director, may appeal such decision, in writing, to the
Planning Commission, within fifteen (15) days of the Planning Director's
determination.
Section 50.50 Planned Unit Development Approval
Section 50.51 Development Approval Required
If a parcel is located in a planned unit development (PUD) combining district as
provided in Section 26, a building permit shall not be issued for any development, or
part thereof, until the Planning Commission and City Council have approved such
development as herein provided. A planned unit development shall be defined as:
(a) Land which is planned and developed as a whole.
(b) A single development operation or a definitively programmed series of
development operations, including all lands and buildings.
(c) Including principal and accessory structures and uses substantially related to
the character of the surrounding district.
(d) A program of comprehensive and detailed plans which will include all site and
architectural design plans.
(e) A program that should include the operation and maintenance of such areas
and facilities that will be for common use and benefit by some or all of the
occupants of the development, but in most cases not to be provided, operated
or maintained at the general expense of the City of Gilroy.
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Section 50.52 Application Procedures
Any applications for approval of planned unit development design shall be on a form
prescribed for this purpose by the City of Gilroy, and shall be accompanied by a
development plan showing the use or uses, dimensions and locations of proposed
structures, vehicular and pedestrian circulation, parking, public uses, and landscaping
and open space. Additional architectural drawings and sketches illustrating the
character of the proposed design shall also be included. In addition, a geological soil
investigation and report shall be required as described in Section 24.61, if the
proposed development is in an RH district. Such other pertinent information shall be
included as may be required by the Commission.
Section 50.53 Application Fees
Any application fees for planned unit development approval shall be accompanied by a
fee to be established from time to time by resolution of the City Council.
Section 50.54 Planned Unit Development Approval
The Planning Commission shall review each planned unit development (PUD)
application upon receipt of the design review report from the Planning Director. The
Commission may deny the application, or recommend to the City Council that
approval be granted as submitted, or granted subject to various conditions. Within
thirty (30) days of the receipt of the recommendation for approval from the Planning
Commission, or appeal of a denial by the Planning Commission, the City Council shall
review the application. The City Council shall consider the report of the Planning
Commission, but shall not be bound thereby. Upon the close of the hearing, the City
Council may deny, grant approval as submitted, or grant approval subject to such
conditions as it deems necessary (in addition to or other than, those recommended by
the Planning Commission). Any planned unit development, as authorized, shall be
subject to all conditions of approval, and shall be excepted from regulations of the
base zone designation only to the extent specified in the approved plans.
Section 50.55 Necessary Findings
In order to grant planned unit development (PUD) approval, the Council must make
the following findings, that the proposed planned unit development shall:
(a) Conform to the Gilroy General Plan in terms of general location and standards
of development.
(b) Provide the type of development which will fill a specific need of the
surrounding area.
(c) Not require urban services beyond those which are currently available.
(d) Provide a harmonious, integrated plan which justifies exceptions, if such are
required, to the normal requirements of this Ordinance.
(e) Reflect an economical and efficient pattern of land uses.
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(f) Include greater provisions for landscaping and open space than would
generally be required.
(g) Utilize aesthetic design principles to create attractive buildings and open areas
which blend with the character of surrounding areas.
(h) Not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas.
(i) Provide adequate access, parking, landscaping, trash areas and storage, as
necessary .
Section 50.56 Building Permit
Following the approval of a planned unit development (PUD), the Chief Building
Inspector shall issue a building permit and shall insure the development is undertaken
and completed in conformance with the approved plans. The approval for a planned
unit development shall be valid for one (1) year. An extension for an additional year
may be requested from the City Council.
Section 50.57 Violations and Revocation of Approval
Planned unit development (PUD) approval may be revoked in any case where any of
the conditions of approval have not been complied with. In such cases, the Chief
Building Inspector shall require all work to cease. Within thirty (30) days after said
order to cease work, the Planning Director shall forward a copy of the findings of such
violation to the Planning Commission for hearing. The applicant shall also be sent
notice at least ten (10) days prior to the date of such hearing. If the Planning
Commission finds that a violation has occurred, the Planning Commission shall require
abatement or removal of the violation. The services of any qualified experts,
employed by the City to advise in establishing a violation, and all costs of abatement or
removal including reasonable attorney fees, shall be paid by the violator if said
violation is established. If the violation is not established, the City shall pay said costs.
Section 50.58 Revisions
After final building permits are issued, proposed modifications to the approved
planned unit development (PUD) shall be referred to the Planning Director, who may
approve the proposed modifications only if they are in substantial conformance with
the conditions of approval and conform to the requirements ofthe underlying zoning
district. Iffound to be significantly out of conformance, no revisions of the original
terms of approval shall occur unless the applicant reapplies for approval of the
modified planned unit development to the Planning Commission and such approval is
granted by the City Council.
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Section 50.60 Residential Development
Section 50.61 Statement oflntent
(a) Encourage a rate of growth which will not exceed the City's ability to provide
adequate and efficient public services (including sewer, water, police, fire, streets,
parks, general administration, etc.) or the ability of the Gilroy Unified School
District to provide adequate schools, or the ability of the local economy to
support such growth.
(b) Maintain and improve the quality of the environment considering the City's natural
setting, including hillsides, water courses, viable agricultural/open lands,
recreational, historic and scenic areas.
(c) Create a process that fosters a strong relationship between jobs and housing in
order to encourage and promote a balanced community with adequate housing to
meet the needs of local employment and residents.
(d) Encourage and promote the construction ofan appropriate share of the regional
need for housing.
(e) Encourage and promote housing programs and activities to enable the City to
meet the needs of all economic segments of the community.
(f) Provide and maintain a sound economic base for the City.
(g) Promote the development and implementation of Specific Plans and Master Plans
within the City of Gilroy.
Section 50.62 Application of Ordinance
(a) The provisions of this Residential Development Ordinance shall apply to all
residential development projects proposed to be constructed within the City of
Gilroy, except for those residential development projects specifically listed as
exempt in paragraph (b) following.
(b) The following types of residential projects are exempted from the provisions of
this Residential Development Ordinance, except that projects specifically
exempted under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in
housing goals as described in Section 50.63(a). A project may not qualify for
more than one ofthe following exemptions.
(1) A Small Project Exemption may be granted to projects proposing twelve (12) or
fewer dwelling units which meet the following criteria:
a. The water system, sewer system, and street system must be adjacent to the
property boundary;
b. No project that requires more than twelve (12) units to completely build
out the property is eligible for this exemption. It is specifically the
intention of this requirement to eliminate the possibility of further
development on the property through further division or zoned density
absorption;
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c. Existing parcels ofland that are larger than the square footage required to
develop under this exemption and which are divided into smaller parcels
after October 4, 2001, shall not be allocated units under this exemption
even if the new parcels otherwise meet the criteria. This requirement is
intended to preclude the possibility of a large parcel being divided to
qualify for the Small Project Exemption.
All projects submitted under this Small Project Exemption category shall
require City Council review and approval. Tentative maps submitted with
an application for this exemption shall be accompanied by an Architectural
and Site Approval application, except that projects proposing to create
single family lots for homes to be custom designed and built are exempt
from simultaneously submitting an Architectural and Site Approval
application.
Projects proposing more than twelve (12) dwelling units, submitted for a
Small Project Exemption, may be considered by the City Council and
granted the exemption if there are special circumstances that the Council
determines should allow the project an exemption.
(2) Replacement dwellings are exempt provided that the number of exempted new
dwelling units shall not exceed by more than four (4) dwelling units, the number of
dwelling units removed for such replacement on any parcel. Relocation of dwelling
units existing within Gilroy to another site shall be exempt.
(3) A residential development project sponsored by any agency that is funded by
federal, state or local government is exempt if the project is: (i) approved by a vote
of electors of the City of Gilroy pursuant to Ca. Const. Art. XXXIV, Section 1 or
(ii) the project is specifically approved for exemption by the City Council, with such
approval or disapproval at the sole discretion of the Council, and consists of no
more than seventy-five (75) units within each of the three categories of housing
described as (a) single family homes, (b) condominiums or townhouse ownership
units or (c) rental units. Such projects may not be immediately adjacent to another
project exempted under subsection (3) or (4) of this Section within the previous
three (3) years except where the City Council approves a specific exemption.
The City Council shall grant an exemption under this subsection only if the City
Council determines the project would substantially benefit the City, and would not
create significant negative impacts to public facilities or to providers of public
services in the community or to the Gilroy Unified School District. The City
Council shall also consider the following elements in determining whether to grant
this exemption:
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a. The number of exempt units which have already been granted during the
current RDO cycle, and the number of years left in the cycle;
b. The affordability of the project;
c. The need for the types of units which are proposed;
d. The number of affordable housing projects constructed or proposed within
the project vicinity;
e. The diversity of unit type and architectural styles which are proposed in
the entire development; and
f The site design and proposed building elevations.
All requests for an exemption under this subsection shall be processed through an
Affordable Housing Exemption from RDO application. Public hearings before
the Planning Commission and City Council shall be held to consider this
application.
(4) A project which meets the standards established by the "Policy Statement for
Exempting Affordable Private Development Proposals from the RDO" is exempt if
the project consists of seventy-five (75) units or less and the project is specifically
approved for exemption by the City Council. Such projects may not be
immediately adjacent to another project exempted under subsection (3) or (4) of
this Section within the previous three (3) years except where the City Council
approves a specific exemption.
The City Council shall grant an exemption under this subsection only if the City
Council determines the project would substantially benefit the City, and would not
create significant negative impacts to public facilities or to providers of public
services in the community or to the Gilroy Unified School District. The City
Council shall also consider the following elements in determining whether to grant
this exemption:
a. The number of exempt units which have already been granted during the
current RDO cycle, and the number of years left in the cycle;
b. The affordability of the project;
c. The need for the types of units which are proposed;
d. The number of affordable housing projects constructed or proposed within
the project vicinity;
e. The diversity of unit type and architectural styles which are proposed in
the entire development; and
f. The site design and proposed building elevations.
All requests for an exemption under this subsection shall be processed through an
Affordable Housing Exemption from RDO application. Public hearings before
the Planning Commission and City Council shall be held to consider this
application.
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(5) Large residential projects, which have received an approved Residential
Development allocation of at least one hundred (100) units, may receive an
allocation credit when specific portions of their project have been sold to a
secondary builder or contractor. This one-for-one residential unit allocation credit
shall be limited to a maximum of four (4) units per year, per project.
This allocation credit shall only be granted to the primary project when four (4) or
fewer units are transferred to a secondary party.
A secondary builder or contractor constructing four (4) or fewer residential units
under this provision shall not be subject to the Residential Development
performance agreement covering the primary development.
(6) An Infill Exemption may be granted to projects proposing four (4) or fewer
dwelling units which meet the following criteria:
a. All street improvements must be in place, including water, sewer, and storm
drains;
b. The project must be surrounded by developed property, except that the
project may be adjacent to an undeveloped or underdeveloped property which
itself would otherwise qualify under this exemption; and
c. The project shall not be located on the edge of a developed area of the City,
so that it, if built, would create or extend development in any way into a
previously undeveloped area of the City.
(7) A project proposing a single dwelling unit shall be granted a Non-discretionary
Single Unit Exemption if it meets the following criteria:
a. When no discretionary approval from the City is required;
b. The project is located in either the Rl or Al zoning district; and
c. No other dwelling units exist on the property.
(8) A project proposing a single dwelling unit may qualify for a Discretionary Single
Unit Exemption if it meets the following criteria:
a. A discretionary approval from the City is required; and
b. No infrastructure is required as a prerequisite to the development of the
property.
(9) Transitional housing units that meet the standards established by the City's
adopted Transitional Housing Policy are exempt if specifically approved for
exemption by the City Council. A project that receives an exemption for its
transitional housing component under this subsection (9) may also be eligible to
receive exemptions for other residential components of its development pursuant
to this Section 50.62.
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Section 50.63 Annual Numerical Limits
(a) Criteria and Procedure for Setting Long-range Housing Goals
The City Council, after considering economic, public service,
environmental, housing and other information it may deem relevant to the
residential development program, and the City's regional share ofhousing
as established by the State of California, shall determine the maximum
total number of dwelling units (including projects exempted by
Subsections 50.62(b)(1), (3), (4), and (5)) which should be built during a
subsequent ten-year goal period, consistent with the purpose and intent of
Section 50.61. Any ten-year goal may be revised only at five (5) year
intervals within the ten-year goal period, at which time another goal may
be set for a ten-year period starting the following calendar year.
Whenever the Council sets a ten-year goal, it shall also set a five-year
goal, which shall not exceed sixty percent (60%) of the ten-year goal
which encompasses it.
(b) Criteria and Procedure for Setting Numerical Limits
Each year of a ten-year goal period, the City Council shall hold a public
hearing, which may be continued form time to time, and shall adopt a
resolution reaffirming, readjusting, and resetting the Numerical Limits for
each of the subsequent calendar years remaining in the ten-year goal
period. In setting the Numerical Limits, the City Council shall consider
the adopted five- and ten-year housing goals, the number of units
previously issued permits under assigned build-out schedules, units for
which build-out schedules have been assigned, and units previously
determined to be exempt from this Ordinance under Section 50.62(b).
The Numerical Limit for a given calendar year shall be expressed as the
total number of dwelling units, for projects not exempted by Section
50.62(b), for which building permits may be issued in that calendar year.
The Numerical Limit for anyone year may not exceed one hundred and
thirty percent (130%) of the average of the Numerical Limits for the
remaining years in the ten-year goal period, or thirteen percent (13 %) of
the ten-year goal, whichever is less.
(c) Special Exceptions
At any time during the year, the City Council may permit a special
exception to the assigned build-out schedule or to the Numerical Limit
for that calendar year only, provided, however, such special exception
shall not adversely affect the City's ability to provide services, and the
City Council finds and determines:
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(1) that a major industry has a firm commitment to locate within the City of
Gilroy and that this major industry would not be able to locate in Gilroy
because the current limit on residential dwellings would be clearly
insufficient for its employees' housing needs; or
(2) that an approved Specific Plan or Master Plan necessitates additional
dwelling unit allocations in a specified year to accomplish the goals and
vision of the General Plan; or
(3) that a nonprofit, 501(c)(3) public benefit corporation operating a major
existing community facility within the City of Gilroy requires an
allocation in order to continue providing to the City of Gilroy, its
residents, and the public generally, the benefits to the community for
which it was formed at the facility it operates. The allocation shall be
issued only if:
(i) The facility provides unique benefits serving a broad
sector of the public;
(ii) The facility is widely known and respected for its role
in serving the public;
(iii) The facility serves as a major employment base within
the City, including those sectors of Gilroy residents that are
generally underemployed, such as youth;
(iv) There is an immediate and urgent need to assist the
facility in continuing its operations;
(v) The property upon which the allocation is conferred is
proposed for inclusion in a Specific Plan; and
(vi) The allocation requested is for fewer than 100
dwelling units.
The applicant shall agree that any and all benefits conferred upon it as a result
of the issuance of dwelling unit allocations shall be used to continue the
operations of the existing community facility. Should some or all of the
dwelling unit allocations not be necessary to ensure the facility's continued
operation or not be used solely for that purpose, those allocations shall be
immediately deemed null and void.
Section 50.64 Residential Development Application Procedures
(a) All applieations for Residential Development Review of projects under
this Ordinance shall be submitted to the City of Gilroy, Department of
Planning in accordance with schedules established from time to time by
resolution of the City Council. The Department of Planning shall not
accept applications for residential development of land that is not within
the Gilroy Urban Service Area, or is not immediately contiguous to the
Urban Service Area.
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(b) Each request for Residential Development Review shall contait) all
information and fees requested on the Residential Development Review
application forms. Only applications deemed complete by the Planning
Director shall be considered.
( c ) Application fees for Residential Development Review shall be established
from time to time by resolution of the City Council.
(d) Applicants may withdraw their application for Residential Development
Review at any time during the process. Application fees will not be
refunded, except that if an application is withdrawn within ten (10) days
after the filing deadline, all fee submitted with such application will be
refunded to the applicant.
( e) Tentative Maps for residential subdivisions and residential Planned Unit
Development (PUD) applications will not be accepted by the Department
of Planning concurrently with the Residential Development application
unless the developer signs a valid waiver acceptable to the City Attorney
of all processing time limits established by the Subdivision Map Act and
any other state or local law. No tentative maps can be approved until a
project has been assigned a build-out schedule by the City Council.
Section 50.65 Project Rating Scale
The City Council shall adopt from time to time by resolution a Project Rating Scale for
use by the Planning Commission in its competitive evaluation and ranking of projects
hereunder.
Section 50.66 Competitive Evaluation and Assignment of Build-out Schedules
(a) The Planning Commission shall hold a public hearing and shall assign a point
score in accordance with the Project Rating Scale to each residential development
project for which the application has been deemed complete by the Director of
Planning.
(b) The Planning Commission shall also competitively evaluate each residential
development project and establish a ranking for each residential project based
upon its assigned point score.
(c) The Planning Commission shall recommend to the City Council a build-out
schedule only for those projects for which the Planning Commission determines
that building permits can be issued within the applicable Numerical Limits. If the
Planning Commission finds that, due to environmental or other reasons, a given
project is detrimental to the public health, safety, and general welfare, the
Commission may recommend to the City Council that the project not be granted a
build-out schedule regardless of its score on the Project Rating Scale or whether
or not the applicable Numerical Limits are fully allocated.
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(d) The City Council shall hold a public hearing and shall review the point scores,
rankings and build-out schedules recommended by the Planning Commission and
may affirm or modifY the recommendation of the Planning Commission, in whole
or in part. In making its decision, the Council shall give priority to
accommodating subsequent phasing and build-out of previously approved projects
for which substantial public infrastructure improvements (beyond oversizing of
sewer and water utility lines) have been constructed to serve such future phases.
The Council shall also give priority to projects which have developed in
conformance with their original Residential Development submittal under this
section.
(e) The maximum Numerical Limit for any year need not be fully allocated.
(f) No individual project shall be assigned more than twenty-five percent (25%) of
the ten-year housing goal, or fifty percent (50%) of the Numerical Limit for any
year of the build-out schedule as established at the time the build-out schedule is
assigned. The City Council may, however, grant an exception from this limitation,
in whole or in part, to an approved Specific Plan or Master Plan development.
(g) Build-out schedules may, on occasion, extend up to five (5) years beyond the
expiration of the ten-year goal period, provided that no single residential
development project may be given a build-out schedule extending more than ten
(10) years. No individual project shall be assigned a build-out schedule in any
year beyond the ten-year goal period greater than fifty percent (50%) of the
average of the Numerical Limits for the years in the existing ten-year goal period.
The total number of dwelling units for all projects scheduled beyond the ten-year
goal period may not represent more than twenty-five percent (25%) ofthe ten-
year goal. The City Council may, however, grant an exception to this limitation on
build-out schedules, in whole or in part, to an approved Specific Plan or Master
Plan development.
(h) No building permits may be issued for a residential development project pursuant
to a build-out schedule granted under the Residential Development Ordinance
unless the project is to be built on the same physical site as was originally
evaluated. Build-out schedules shall not be transferable independently of the
project for which they were assigned.
(h) When a building permit is requested for any residential development assigned a
build-out schedule hereunder, the Planning Director shall review such project for
conformance with the project as it was proposed when assigned a build-out
schedule by the Council. If the Planning Director determines that there have been
significant modifications to the project (including, without limitation,
modifications that would have significantly affected its point rating or competitive
evaluation hereunder), then no building permits for the project shall be issued
unless approved by the City Council following review by the Planning
Commission. To approve the issuance of such permits, the City Council must find
that the proposed modifications result in a substantial improvement over the
project for which a build-out schedule had been assigned. If the Planning Director
finds that the modifications to the project are not significant, he shall forward such
finding as a recommendation to the City Council.
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The City Council may instead determine that said modifications are significant and
shall be reviewed by the Planning Commission and City Council pursuant to this
Paragraph prior to issuance of building permits.
Section 50.67 Applicant's Agreement to Perform
The applicant, or successor in interest, for any residential development project that
receives a build-out schedule from the City Council shall agree in writing (on a
performance agreement form provided by the City Administrator), within 60 days from
City Council allotment, to a set of performance and project standards.
These standards shall include, without limitation, a specific date (as early as is reasonable)
for submittal of a complete tentative map application for each phase of the project, or if a
complete tentative map application has been made for a phase at the time the performance
agreement is entered into, then as to such phase, the performance agreement shall set
forth a specific date (as early as reasonable) for submittal of a complete application for
the next approval to be obtained for such phase following execution of the performance
agreement by the City and the applicant. The standards shall also include, without
limitation, a date-specific schedule for obtaining final map approval for each phase of the
project.
Said agreement shall require applicant to pay a non-refundable deposit for the project, the
amount of which shall be established from time to time by resolution of the City Council.
Unless otherwise established by the City Council, the deposit due for the project shall be
paid at the time a tentative map is approved for the first phase of the project, or if such
tentative map approval has been obtained prior to the time the performance agreement is
entered into, then the deposit shall be due upon execution of the performance agreement
by the applicant. The deposit will be fully credited to subsequent development fees for
the project if the applicant complies fully with the terms of the agreement.
If the applicant fails to so enter into the performance agreement within the
above-established time limit or fails to pay the required deposit by the specified date, the
build-out schedules for all phases of the project shall immediately, without further action,
become null and void. If the applicant fails to file a complete tentative map or other
approval application for a project phase by the date specified in the performance
agreement, or fails to obtain final map approval for a phase by the date specified in the
performance agreement, or if a tentative map for any phase of the project expires, the
build-out schedule for the affected phase shall immediately, without further action,
become null and void. The applicant may appeal to the City Council to re-instate the
build-out schedule. In order to re- instate a build-out schedule, the City Council must find
that the applicant's failure to perform was due solely to circumstances beyond the
applicant's control.
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Section 50.68 No Vested Rights
No action taken hereunder with respect to any residential development project by the
Planning Commission, City Council, or any City official (including, without limitation, the
rating of a residential development project, the setting of any Numerical Limits and the
granting of any build-out schedule), and no action taken by any applicant or developer
hereunder (including, without limitation, the payment offees or deposits) shall result in
the creation or vesting of any rights whatever by any applicant or developer with respect
to said project to receive any necessary city approvals or permits or to construct any
dwelling units or other improvements.
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City of Gilroy
~ONING ORDINANCE
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SECTION 51
APPLICATION REVIEW PROCEDURES
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Section 51.10 Applications
Section 51.11 Application Procedure
Conditional use permits and variances may be initiated by:
(a) The verified application of all owners of the subject property or by a purchaser
or lessee of the property, and the application shall set forth fully the grounds
for and the facts to justifY the request.
(b) Motion of the Planning Commission or City Council.
Section 51.12 Application Forms
The Planning Director shall prescribe the form on which all applications are made. He
shall prepare and provide forms for such purpose and may prescribe the type of
information to be provided in the application by the applicant. No application shall be
accepted unless it complies with such requirements.
Section 51.13 Signatures
If signatures of persons other than the owners of property making the application are
required or offered in support of, or in opposition to, an application, they may be
received as evidence of notice having been served upon them of the pending
application, or as evidence of their opinion on the pending issue, but they shall in no
case infringe upon the free exercise of the powers vested in the City of Gilroy as
represented by the Planning Commission and City Council
Section 51.14 Permanent Record
All applications filed pursuant to this Ordinance shall be numbered consecutively in the
order of their filing, and shall become a part ofthe permanent records of the
Department of Planning, and there shall be attached thereto and permanently filed
therewith copies of all notices and actions with certificates and affidavits of posting,
mailing or publications pertaining thereto.
Section 51.15 Abandonment of Projects
Applications for permits or approvals, pursuant to this Zoning Ordinance, shall be
deemed to have been abandoned when information and/or fees necessary for the
completion of the application have been requested in writing and not received by the
Planning Department within ninety (90) days of notification. The applicant may
request (within the ninety (90) day time period) an extension of up to one hundred
eighty (180) days, or longer as may be approved by the Planning Director only for
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extenuating circumstances. No further action shall be takell on an application and no
fees will be refunded once abandoned.
Section 51.20 Filing Fees
The filing fees for applications under this Zoning Ordinance shall be paid upon the filing of any
application in the amounts as may be specified from time to time by City Council resolution.
The Planning Director may waive fee requirements for legitimate, community-based, non-
profit organizations.
Section 51.30 Public Hearing
Section 51.31 Setting of Hearing
All applications described in Section 51.11 shall be set by the Planning Director for
public hearing when such hearings are to be held before the Planning Commission, and
by the Clerk of the City Council for hearings to be held before the City Council. The
date of the hearings shall not be less than ten (10) days from the time offiling of the
application, or the adoption of a resolution of intention, or a minute order.
Section 51.32 Notices
Notices of time and place of public hearing shall be given in the following manner:
(a) Notice of any public hearing shall be given by at least one (1) publication in a
newspaper of general circulation in the City of Gilroy not less than ten (10)
days before the date of said public hearing; and,
(b) A written notice (except for amending, supplementing or changing the text of
the Zoning Ordinance) shall be mailed not less than ten (10) days prior to the
date of such hearing to the owners of the property within a radius ofthree
hundred (300) feet of the exterior boundaries of the property to be changed,
using for this purpose the last known name and address of such owners as are
shown in the County Assessor's books on file in the County Assessor's office of
the County of Santa Clara, State of California; or,
(c) The Planning Commission may in special circumstances by minute order cause
notices to be conspicuously posted upon the property to be changed, at least
ten (10) days prior to date of hearing. Such notice shall be printed with a
heading reading "Notice of hearing " in letters not less than one
(1) inch in height.
Section 51.33 Required Wording of Notices
Public notice of hearings on any application shall consist of the words "Notice of
hearing ", setting forth the type of application, the description of the
property under consideration, the nature of proposed change or use, and the time and
place at which the public hearing or hearings on the matter will be held.
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Section 51.34 }- ...,manent Files Shall Include Summary 01 - ..::stimony
A summary of all pertinent testimony offered at public hearings held in connection
with an application filed pursuant to this Ordinance, and the names of persons
testifying at the Planning Commission or City Council hearings, shall be made a part of
the permanent case files.
Section 51.40 Planning Commission Decision and Findings
Section 51.41 Action
The Planning Commission, following the termination of the public hearing, shall:
(a) Not later than its following meeting date, unless this time limit is extended by
agreement of the parties having an interest in the proceedings, announce its
decision to approve or disapprove the application by resolution which shall
clearly state the facts and reasons for the decision rendered and any conditions
or limitations imposed.
(b) Within fifteen (15) days after adoption of said resolution, whether the
application is approved or disapproved, notifY the applicant by forwarding
through the mails a copy of the resolution to the address on the application,
and to any other person who has filed a written request for such notification.
Section 51.42 Effective Date
The order of the Planning Commission in approving or disapproving a conditional use
permit, or variance shall become final and effective twenty (20) days after the
rendering of its decision, unless within such twenty (20) day period an appeal in
writing is filed.
Section 51.50 Appeal Procedure
Anyone so desiring may appeal the decision of the Planning Commission to the City Council
by written request to the City Clerk within twenty (20) days, after adoption of the resolution
by the Planning Commission. The City Council within the same twenty (20) days, may also in
either a regular or special meeting initiate such appeal by motion. Upon being notified of such
appeal by the Clerk of the City Council, the Planning Director shall immediately transmit to
the City Clerk the complete case file.
Section 51.60 City Council Public Hearing
Consideration of an appeal of the Planning Commission decision on a conditional use permit,
or variance shall be by public hearing. Notices shall be mailed pursuant to the provisions of
Section 50. 32 (b) of this Ordinance, and the hearing shall be held within thirty (30) days of the
filing or initiation of such appeal. The City Council may, because of a desire for additional
information, or due to the submission of significant new material or evidence when
considering an appeal, refer the matter back to the Planning Commission for further study and
report.
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Section 51.70 City COt......:il Decision and Findings
The City Council, following the termination of the public hearing, shall:
(a) Within thirty (30) days, announce its decision to approve, modifY or
disapprove the application by resolution which shall clearly state the facts and
reasons for the decision rendered and any condition or limitations imposed.
(b) Within fifteen (15) days after the City Council adopts the resolution stating
whether the application is approved or disapproved, notifY the applicant by
forwarding through the mails a copy of the resolution to the address on the
application, and to any other person who has filed a written request for such
notification.
(c) Attach a copy of the resolution to the case file and return the complete file to
the Planning Department.
Action by the City Council on an appeal for a site development plan, a conditional use permit
or variance shall be final.
Section 51.80 Revocation
The Planning Commission may, after having given notice to the complainant and permittee
and after hearing, revoke or modifY any permit or variance for which an approval was granted
was exercised so as to be detrimental to the public health and safety or so as to constitute a
nuisance. Any approval granted by the Planning Commission or the City Council shall be
immediately null and void if any of the following exists:
(a) The approval was obtained by fraud or incorrect information.
(b) The use for which such approval was granted is not being exercised.
(c) The use for which such approval was granted has ceased to exist or has been
suspended for one (1) year or more.
(d) The plan, permit or variance granted is being, or recently has been, exercised contrary
to the terms or conditions of such approval, or in violation of any statute, ordinance,
law or regulation.
Section 51.90 Expiration
Any development plan, conditional use permit, or variance granted by the Planning
Commission or City Council becomes null and void if not exercised within the time specified
in the permit or variance, or if no date is specified, within one (1) year from the date of
approval of said permit, plan or variance; provided, however, that all conditional use permits
and variances granted prior to the effective date of this Ordinance by the City Council or
Planning Commission of the City of Gilroy that are being legally exercised at the time of the
effective date of this Ordinance shall continue in full force and effect in the manner approved,
unless the conditional use permit or variance is violated, ceases to exist, or is suspended for
one (1) year or more.
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ZONING ORDINANCE
City of Gilroy
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SECTION 52
AMENDMENT TO THE ZONING ORDINANCE
Section 52.10 Amendments
Boundaries of the zones established by this Ordinance, the classifications of property uses
therein or other provisions of this Ordinance may be amended whenever public necessity,
convenience and general welfare require.
Section 52.20 Initiation
Amendments to this Zoning Ordinance or the Zoning Map may be initiated by:
(a) The verified application of one (1) or more owners of property proposed to be
rezoned to be filed with the Planning Commission.
(b) Motion of the City Council or the Planning Commission.
Section 52.30 Public Hearing
After filing of a verified application for a zone change, or after the action of the Planning
Commission or the City Council to consider a Zoning Map or Ordinance amendment, the
Planning Commission shall hold at least one (1) public hearing on it.
Notice of time and place of public hearing by the Planning Commission shall be given pursuant
to the provisions of Section 51 of this Ordinance.
Section 52.40 Commission Findings
The Planning Commission shall announce its findings by formal resolution not later than the
meeting following the closing of the public hearing unless this time limit is extended by
agreement ofthe parties having an interest in the proceedings. Said resolution shall recite,
among other things, the facts and reasons which, in the opinion of the Commission, make the
approval, denial or denial "without prejudice," of the amendment of the Zoning Ordinance or
Map necessary to carry out the general purpose of this Ordinance, and the relationship of the
proposed zone change or amendment to applicable general and specific plans.
Section 52.41 Notice of Decision
Within fifteen (15) days from the date of their action on a zone change, the
Commission shall notifY the applicant by forwarding a copy of the resolution to the
applicant at the address shown on the application and shall forward to the City Clerk a
copy of said resolution. If the recommendation is for approval, the complete case file
shall also be forwarded to the City Clerk.
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Section 52.42 Finality of Denial
The action of the Planning Commission denying a zone change application shall be
final and conclusive unless within twenty (20) days following the adoption of the
resolution by the Planning Commission an appeal in writing is filed with the Clerk of
the City Council by the applicant or an interested party.
Section 52.50 Appeal
Upon receipt of a written appeal filed with the City Council by the applicant, or an interested
party as provided for in this Section, the City Clerk of the City Council shall advise the
Planning Director who shall transmit the Planning Commission's case file to the Clerk of the
City Council for hearing.
Within thirty (30) days following receipt of the resolution from the Planning Commission
recommending the approval of a zone change, Zoning Ordinance amendment or the filing of a
written appeal from an order of the Commission denying an application for a zone change as
provided for in this Section, the City Council shall conduct a duly advertised public hearing on
the matter, public notice for which shall be given as provided for in Section 51 of this
Ordinance.
Section 52.60 Council Findings
The City Council may approve, modifY or disapprove the recommendation of the Planning
Commission, provided that the City Council may, because of a desire for additional
information, or due to the submission of significant new material of evidence, refer any
modification of a proposed zone change or Zoning Ordinance amendment back to the
Planning Commission for further study and report, but the Planning Commission shall not be
required to hold a public hearing thereon. Failure of the Planning Commission to report
within forty (40) days after the reference, or such longer period as may be designated by the
City Council, shall be deemed to be a recommendation to the City Council to approve the
proposed modification.
Section 52.61 Notice of Decision
The City Council shall announce its findings and decision for approval, denial, or
denial "without prejudice," by Ordinance or resolution introduced not more than
twenty (20) days following the termination of proceedings of the hearing, or upon
receipt of a report from the Planning Commission when a matter has been referred
back to the Planning Commission. The Ordinance or resolution shall recite, among
other things, the facts and reasons which, in the opinion of the City Council, make the
approval, denial, or denial "without prejudice" of the application for the amendment of
the Zoning Ordinance or Map necessary to carry out the general purposes of this
Ordinance and the General Plan.
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Section 52.62
llity of Decision
The action by the City Council on the application for a zone change or Zoning
Ordinance amendment shall be final and conclusive.
Section 52.70 Withdrawal
The Planning Commission or the City Council, at their discretion, may permit the withdrawal
of any zone change application or appeal. The Planning Commission or the City Council may
abandon any proceeding for an amendment or rezoning initiated by them. Withdrawal of any
petitions or appeal shall terminate all proceedings in reference thereto.
Section 52.80 Reapplication
If an application for a zone change is denied by the Planning Commission or the City Council,
another request for the same rezoning on the same property or portions thereof, shall not be
accepted within a one (1) year period. If the Planning Commission or City Council specifies
that a denial ofa zone change application is made "without prejudice," or if the Planning
Commission or City Council makes a determination that significant new material or facts are
present which justifY reconsideration of the zone change application and thereby grants
specific approval for refiling of the application, said one (1) year waiting period may be
waived.
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City of Gilroy
.....ONING ORDINANCE
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SECTION 53
ENFORCEMENT OF THE ZONING ORDINANCE
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Section 53.10 Vested Duty
All departments, officials and public employees of the City who are vested with the duty or
authority to issue permits or licenses shall conform to the provisions of this Ordinance and
shall issue no such permit or license for uses, buildings or purposes where the same would be
in conflict with the provisions of this Ordinance and any such permit or license if issued in
conflict with the provisions of this Ordinance, shall be null and void. It shall be the duty of the
Police Chief, Fire Chief, Chief Building Inspector, Public Works Director or the Planning
Director to enforce or cause to be enforced the provisions of this Ordinance pertaining to the
erection, construction, reconstruction, moving, conversion, alteration, removal or addition to
any building, sign, structure, building site or parcel ofland in the City of Gilroy.
Section 53.20 Penalty and Fine
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating
any of the provisions of this Ordinance shall be guilty of an infraction, and upon conviction
thereof shall be punished as set forth in Government Code Section 36900, as it now exists or
may hereafter be amended. The violating party shall be judged to be guilty of a separate
offense for each and every day during any portion of which any violation of this Ordinance is
committed, continued or permitted by such person, firm or corporation, and shall be
punishable as herein provided. Nothing in this Ordinance shall be construed as to restrict the
right of any individual to pursue redress by civil action of any violation of this Ordinance.
Section 53.30 Declaration of Nuisance
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or
maintained contrary to the provisions ofthis Ordinance and/or any use of any land, building or
premises conducted, operated or maintained contrary to the provisions of this Ordinance shall
be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney
of the City shall, upon order of the City Council, immediately commence action or
proceedings for the abatement and removal and enjoinment thereof in the manner provided by
law and shall take such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as will abate and remove such building or structure and restrain
and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or
using any such building or structure or using any property contrary to the provisions of this
Ordinance.
The remedies for herein shall be cumulative and not exclusive.
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City of Gilroy
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SECTION 54
ADOPTION OF THE ZONING ORDINANCE
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Section 54.10 Section 10 Repeal
City Code Sections 6.6 through 6.8, 21A.1 through 21A.5, 24.12 through 24.24, and 25.1
through 25.41, inclusive, and Ordinances 711 and 79-28 of the City of Gilroy and
amendments thereto are hereby repealed; and all other Ordinances and parts of Ordinances of
the City of Gilroy in conflict herewith are also repealed.
Section 54.20 Validity
If any Section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance and Section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that anyone (1) or more Sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 54.30 Reference
This Ordinance shall be known and cited as the Zoning Ordinance of the City of Gilroy.
Section 54.50 Date of Passage
This Ordinance shall take effect in full thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 15th day of August, 1983, A.D., by the following vote:
AYES: COUNCILMEMBERS: Albert, Gage, Hughan, Link, Taylor, Valdez, Goodrich
NA YES:
COUNCILMEMBERS: None
ABSENT:
COUNCIMLEMBERS: None
Approved:
Norman B. Goodrich, Mayor
Attest:
Susanne Steinmetz, City Clerk
54-1
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INDEX
SECTION
ACCESSORY BUILDINGS............................................................. ............... ...... ..... ........ 39
ACCESSORY USES ......................... ....... ....... ................................. ............... ..... ..............39
ADULT BUSINESSES......................... ........... ............. ............. ........ .............. ...................28
ADOPTI ON OF ZONING ORDINANCE......... .............................. ........................... ......... 54
AGRICULTURE DISTRICT (AI) ....................................................................................... 4
ANTENNAS .......................................................................................................................35
APPEALS ...........................................................................................................................51
APPLICATION PROCEDURES............ .............. ......... ...... ......... ....... ....................... ........ 50
ARCHITECTURAL AND SITE APPROVAL PROCEDURE ............................................50
CAMPUS INDUSTRIAL DISTRICT (CI)......................................................... .22
CENTRAL BUSINESS DISTRICT (C2) ............................................................................ 14
COMMERCIAL INDUSTRIAL DISTRICT (CM)....................... ...... ................. ..... ........... 17
COMMERCIAL SITE AND BUILDING REQUIREMENTS............................................. 19
COMMERCIAL USES. ........................ ............................................ .................................. 19
CONDITIONAL USE PERMITS...... ....... .............. .......................... ............. ..................... 50
DEFINITIONS... ........................................ ................. .......... ................ .............................. 2
DESIGNATION AND ESTABLISHMENT OF ZONE DISTRICTS ................................... 3
ENFORCEMENT OF ZONING ORDINANCE .................................................................. 53
EXCEPTIONS ....................................................................................................................46
FENCES AND OBSTRUCTIONS............. .................... ................... ........................... .......34
GENERAL INDUSTRIAL DISTRICT (M2) ............................ .......... ................................ 21
GENERAL REGULATIONS........................... ...................... ............. ..... ...........................45
HIGH DENSITY RESIDENTIAL DISTRICT (R4)............................................................ 8
HIGHWAY COMMERCIAL DISTRICT (HC)..... .... ..... .................. ................................... 16
HILLSIDE RESIDENTIAL DISTRICT (RH)......................... ............... .............. ........ ........ 9
HISTORIC DISTRICT - NEIGHBORHOOD (HN) ............................................................ 27
HISTORIC DISTRICT - SITE (HS) .......... .......... ............................. ............... ....... ...... ...... 27
HISTORIC HERITAGE COMMITTEE........................................................................ 49, 27
HOME OCCUPATIONS... .... ........ ............................................ .................... .......... ...........40
INDUSTRIAL SITE AND BUILDING REQUIREMENTS................................................ 23
INDUSTRIAL USES.. .... .......................... ................ ......... ................................... ..............23
LANDSCAPING.................................................................................................................38
LIMITED INDUSTRIAL DISTRICT (M 1) .... ............. ...... .................................... .............20
MEDIUM DENSITY RESIDENTIAL DISTRICT (R3) ...................................................... 7
NEI GHBORHOOD COMMERCIAL DISTRICT (C 1) ....... ................ ........... ......... ............ 13
NON-CONFORMING USES.................. ................ ............... .............................................48
OPEN SPACE DISTRICT (OS).................. .............. .................... ........ ........ ................ ......24
P ARKING...........................................................................................................................31
PARKS (PF) ................. ..... ........... .......... ........ ...... ............. .... ............. ........ ........ ..... .... .......25
PERFORMANCE STANDARDS.................................................................. .....................41
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11127101
1
PLANNED UNIT DEVELOPMENT ... ....................... ..... ........ ........................... ......... ....... 26
PLANNING COMMISSION.............................................................................................. 49
PROFESSIONAL OFFICE DISTRICT (PO) ...................................................................... 12
PUBLIC FACILITIES (PF)....................................................... ............................ ..............25
PUBLIC HEARING PROCEDURES........................ ......... .... ............... ..... ........... ..............51
RECREATIONAL VEHICLE PARK GUIDELINES...... ............ ............ ......... ...... 42
RESIDENTIAL DEVELOPMENT ORDINANCE.............. ................................... ......... 50.6
RESIDENTIAL SITE AND BUILDING REQUIREMENTS.............................................. 11
RESIDENTIAL UNITS IN C1 AND C2 DISTRICTS.......................................... 18.3
RESIDENTIAL USES ...... ..................................................... .......... ................................... 11
RURAL RESIDENTIAL DISTRICT (RR)........................................................ ...4
SHOPPING CENTER COMMERCIAL DISTRICT (C3) .................................................. 15
SIGNS ................................................................................................................................ 37
SINGLE FAMILY RESIDENTIAL DISTRICT (R1)........................................................... 5
STREET MERCHANDISING.............. ................... ...........................................................43
STREET FURNITURE OBJECTS...................................... .................. .............................44
STREET TREES............ .............................. ..................... ........ ......................... ...... .......... 38
SWIMMING POOLS .......................................................................................................... 36
TEMPORARY USES............ ................................................ ............................ ...... ...........47
TRAILERS ............................................... ..........................................................................33
TWO FAMILY RESIDENTIAL DISTRICT (R2) ................................................................ 6
VARIANCES........................................................................................ .............................. 50
yARDS........ .......................................................................................................................32
ZONING MAP............. .............. .......................................................................................... 1
BY ZONING DISTRICT ABBREVIATION
Al AGRICULTURE DISTRICT ...................................................................................... 4
C 1 NEI GHBORHOOD COMMERCIAL DISTRICT............... ....... ................................. 13
C2 CENTRAL COMMERCIAL DISTRICT..... ....... ......... ....... ........................................ 14
C3 SHOPPING CENTER COMMERCIAL DISTRICT................................................... 15
CM COMMERCIAL INDUSTRIAL DISTRICT............................................................... 17
CI CAMPUS INDUSTRIAL DISTRICT.................. ... ... ...... ...... ......... ... .... .....22
HC HIGHWAY COMMERCIAL DISTRICT..................... ............... ......... ................. ..... 16
HN HISTORIC NEIGHBORHOOD DISTRICT.............. ........................................ ......... 27
HS HISTORIC SITE COMBINING DISTRICT ..............................................................27
M1 LIMITED INDUSTRIAL DISTRICT.......... ................................ .......... .....................20
M2 GENERAL INDUSTRIAL DISTRICT....................................................................... 21
OS OPEN SPACE DISTRICT .........................................................................................24
PF P ARK!PUBLIC FACILITIES DISTRICT .................................................................. 25
PO PROFESSIONAL OFFICE DISTRICT .....................................................................12
PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT ................................ 26
RR RURAL RESIDENTIAL DISTRICT........................................................ ....4
Rl SINGLE FAMILY RESIDENTIAL DISTRICT .......................................................... 5
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2
R2 TWO F AMIL Y RESIDENTIAL DISTRICT ............................................................... 6
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT ...................................................... 7
R4 HIGH DENSITY RESIDENTIAL DISTRICT ............................................................ 8
RH RESIDENTIAL HILLSIDE DISTRICT............................. ....... ......... ......................... 9
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3
EXHIBIT B
Zoning Map Update
Book Page Parcel
New Designation
Revised October 6, 2003
New Zone Previous Map # Comments
MISCELLANEOUS AMENDMENTS
790 04 069 Educational Facility PF R1 2 GUSD
790 32 031 Medium Density R3 R1 3
790 51 068 Educational Facility PF R1 2 GUSD
799 02 008 Low Density Residential R2 PO 6
808 19 007 Public Facilty PF A1 9 County
808 19 011 Neighborhood District PF/ND A1 8 GUSD
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-20 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
3rd day of November, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 13th day of November, 2003.
?K:hd3~ ~
lerk of the City of Gilroy
----fJ
(Seal)