Ordinance 2005-17
ORDINANCE NO. 2005-17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE GILROY ZONING
ORDINANCE TO ADD SECTION 30, "ND
NEIGHBORHOOD DISTRICT," TO AMEND SECTION
11, "RESIDENTIAL TABLES," AND TO AMEND THE
ZONING MAP TO IMPLEMENT THE NEIGHBORHOOD
DISTRICT GENERAL PLAN LAND USE DESIGNATION
WHEREAS, the City of Gilroy submitted application Z 05-04 to amend the text
of the Gilroy Zoning Ordinance to amend the Gilroy Zoning Ordinance to add Section
30, "ND Neighborhood District"; to amend Section 11, "Residential Tables"; and to
amend the Zoning Map to implement the Neighborhood District land use designation in
the City's General Plan; and
WHEREAS, the zone change request Z 05-04 applies to property identified as
APNs 790-06-029, -030, -033; 790-07-001, -013; 790-08-005, -009; 808-18-003, -014, -
015, -016, -017, -018; 808-19-008, -009, -010, -011; and 808-43-001, -002, -003, -004,-
005, -006; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the
City Council on June 13, 2002, by Resolution No. 2002-41 certified an Final
Environmental Impact Report (Final EIR) in connection with General Plan update
application GP A 99-01 that applies to this project, the City Council finding that (a) the
Final EIR was completed in compliance with CEQA; (b) the Final EIR was presented to
the City Council and the City Council reviewed and considered the information contained
in the Final EIR prior to approving the project; and (c) the Final EIR reflects the
independent judgment and analysis ofthe City; and
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Ordinance No. 2005-17
WHEREAS, pursuant to CEQA, the City Council also by Resolution No. 2002-
41, made findings for each significant environmental impact and adopted a Statement of
Overriding Considerations in connection with this project regarding the unavoidable
impacts and the anticipated benefits of the project, and adopted the mitigation measures
in the Final EIR and a Mitigation Monitoring Program; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May
5, 2005, at which time the Planning Commission considered the public testimony, the
staff report dated April 27, 2005 ("Staff Report"), and all other documentation related to
application Z 05-04, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on June 6, 2005,
at which time the City Council considered the public testimony, the Staff Report, a
follow-up staff report dated May 10, 2005, and all other documentation related to
application Z 05-04; 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 OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council hereby finds:
A. The project provides consistency of the City's Zoning Ordinance and
map with the City's General Plan document and land use map.
B.
The project is consistent with the intent of the goals and policies of the
General Plan.
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Ordinance No. 2005-17
C. To the extent feasible, the project will mitigate significant
environmental impacts. The City Council adopted a Statement of
Overriding Considerations pursuant to CEQA regarding unavoidable
environmental impacts.
D. The proposed Zoning amendments implements the Neighborhood
District land use designation of the General Plan by codifying the
Neighborhood District zoning category, which will allow the City to
adopt a Neighborhood District Policy that will set forth standards and
guide development of properties with a Neighborhood District General
Plan designation.
SECTION II
Based on the above findings, zoning application Z 05-04 is hereby approved,
amending the Gilroy Zoning Ordinance as follows:
A. The text of the Zoning Ordinance is hereby amended to add Section 30,
ND Neighborhood District, and to amend Section 11, Residential Tables,
to read as stated in Exhibit "A," attached hereto and incorporated herein
by this reference.
B. The Gilroy Zoning Map is hereby amended to change the zOlllng
designation to ND Neighborhood District on APNs 790-06-029, -030, -
033; 790-07-001, -013; 790-08-005, -009; 808-18-003, -014, -015, -016, -
017, -018; 808-19-008, -009, -010, -011; and 808-43-001, -002, -003, -
004, -005, -006 as shown on Exhibit "B," attached hereto and incorporated
herein by this reference.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by
any court of competent jurisdiction, such decision shall not affect the validity of the
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Ordinance No. 2005-17
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 IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 18th day of July, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
APPROVED:
~
fi e Pinheiro, Mayor
ATTfT:
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Rhonda Pellin, City Clerk
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Ordinance No. 2005-17
City of Gilroy
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LONING ORDINANCE
SECTION 30
ND NEIGHBORHOOD DISTRICT
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Section 30.10 Statement of Intent
The Neighborhood District intends to create neighborhoods that are attractive, safe, diverse,
and healthy, containing housing that is affordable to a variety of income groups, thereby
enhancing the quality of life for all Gilroy residents. In addition, through the Neighborhood
District, the City hopes to promote a more integrative, comprehensive, and creative approach
to neighborhood planning. Specifically, the Neighborhood District intends to:
~ Create neighborhoods that are predominantly single family in character, but which
integrate different types and prices of housing to meet the full range of housing needs.
~ Ensure that the City's affordable housing goals and objectives are met.
~ Encourage innovative site and building designs that contribute to the overall
attractiveness and livability of Gilroy.
~ Promote walking, biking, and public transit as alternative modes of transportation.
~ Integrate neighborhood-serving facilities and amenities such as schools, parks, and
community gathering places to meet residents' needs, promote a sense of community,
and provide for a high quality of life.
~ Encourage the creation of neighborhood-serving commercial centers that are within
walking distance of residential neighborhoods and which are sited and designed to
protect the neighborhood's character and residential quality.
~ Encourage residential neighborhood designs that reduce traffic speeds and volumes
and control noise.
Section 30.20 Permitted Uses and Conditional Uses
Land in the Neighborhood District zone may be used as specified by the Master Plan or Specific
Plan adopted for each Neighborhood District area. Each Neighborhood District area must have a
mixture of low, medium, and high density residential uses as describe in Section 30.40, below.
The Neighborhood District zone encourages other uses compatible with residential uses,
including parks, schools, and neighborhood-serving commercial facilities.
Section 30.30 Site and Building Requirements
The Lot, Yard, Height and Additional Requirements in the Neighborhood District zone shall be
established by the Master Plan or Specific Plan adopted for each Neighborhood District area.
EXHIBIT A
Section 30.40 Density
The minimum density in the Neighborhood District shall be as follows:
Minimum Densities
The minimum densities for residential land use in the Neighborhood District (excluding land
required for streets, schools, parks, resource protection, neighborhood commercial, or other
infrastructure and/or amenities) shall be at least:
~ 5 percent at a density of 7.25 to 9 units/acre
~ 10 percent at a density of 9 to 16 units/acre
~ 3 percent at a density of 16 to 30 units/acre
A maximum of eighty-two percent (82%) of each Neighborhood District may be constructed
at a density of 7.25 units per acre or less.
Target Densities
The target mix for residential land uses in the Neighborhood District (excluding land
required for streets, schools, parks, resource protection, neighborhood commercial, or other
infrastructure and/or amenities) shall provide for at least:
~ 10 percent at a density of 7.25 to 9 units/acre
~ 15 percent at a density of 9 to 16 units/acre
~ 5 percent at a density of 16 to 30 units/acre
Section 30.50 Site Design Requirements
Projects within the Neighborhood District zone shall be designed in accordance with the site
design requirements adopted for the Neighborhood District area in which the project is located.
EXHIBIT A
City of Gilroy
8
LJONING ORDINANCE
SECTION 11
RESIDENTIAL TABLES
Section 11.10
RESIDENTIAL USE TABLE
Section 11.11 Statement of Intent
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 AGRICULTURE DISTRICT
RR RURAL RESIDENTIAL_DISTRICT
Rl SINGLE FAMILY RESIDENTIAL DISTRICT
R2 TWO-FAMILY RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
RH RESIDENTIAL HILLSIDE DISTRICT
ND NEIGHBORHOOD 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.
EXHIBIT A
Section 11.13 Residenual Use Table
-
Accessory Building
Temporary Building -
Agriculture X X X X X X X *
Animal Husbandry C C *
Animal Services *
Boarding 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 *
y;;y;;; 'Y; ; "",';;
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
Religious Institution 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 *
,'JrJrlsYJrJyl["jl;, .;;r (i;;l(i,;;;l; ;,
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Accessory Dwelling Unit X X X X *
Condominiums X X X *
Duplex Xj 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 *
EXHIBIT A
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
* = Refer to the Master Plan or Specific Plan adopted for the Neighborhood District area in
which the property is located
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 six hundred (600) square feet in size, not including garage
areas. 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 comer lot only; and
(2) The comer 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 accessory dwelling unit takes the place of any future second dwelling unit on the property.
5- Conditional Use Permit required unless otherwise allowed through an approved Planned Unit
Development.
EXHIBIT A
SECTION 11.20 RESIDENTIAL SITE AND BUIWING REQUIREMENT
TABLE
Section 11. 21 Statement of Intent
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 FAMILY RESIDENTIAL DISTRICT
R3 MEDIUM DENSITY RESIDENTIAL DISTRICT
R4 HIGH DENSITY RESIDENTIAL DISTRICT
ND NEIGHBORHOOD 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.
EXHIBIT A
Section 11.23 Residehual Site and Building Requirement Table
LOT REQUIREMENTS
Lot Size in Square Feet (minimum)! 20 ac 2.5 ac 6000 80004 8000 12000 *
Building Coverage (maximum) none none none none none none
YARD REQUIREMENTS
(Minimum setbacks in feet)
Front 152 152 152 152 152 152 *
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 2 3 6 *
ADDITIONAL REGULATIONS
(PART II) YES YES YES YES YES YES YES
Off-Street Parking, Sec. 31 YES YES YES YES YES YES YES
Fences, Sec. 34 YES YES YES YES YES YES YES
Signs, Sec. 37 NO NO NO YES YES YES YES
Landscaping, Sec. 38
ESTABLISHED DEVELOPMENT
POLICIES YES YES YES YES YES YES YES
Consolidated Landscaping Policy YES YES NO NO NO NO NO
Hillside Development Guidelines5 NO NO NO YES 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 of the 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 R 1 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 (1) single
family dwelling.
~- 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.
*- Residential site and buildine: re~uirements shall be established bv the Master Plan or Specific
Plan for the Neie:hborhood District area in which the property is located.
EXHIBIT A
EXHIBIT B
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-17 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
18th day of July, 2005, 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 10th day of August, 2005.
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~I(-!;; N ,I , ~~ ( ,_,
City Clerk of the City of Gilroy
(Seal)