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Ordinance 2007-19 ORDINANCE NO. 2007-19 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY ZONING ORDINANCE SECTIONS 11.13 AND 39.30 RELATING TO THE CITY OF GILROY'S ACCESSORY DWELLING UNIT PROVISIONS. WHEREAS, State law encourages cities to provide housing of all types for its citizens, including units which are attached to or detached from a primary residence, referred to as "accessory dwelling units"; and WHEREAS, the City is authorized pursuant to State law to provide, by ordinance, for the creation of accessory dwelling units in single-family and multi-family residential zones; and WHEREAS, the City Council previously enacted Sections 11.13 and 39.30 of the Gilroy Zoning Ordinance to provide for the construction of accessory dwelling units; and WHEREAS, the City Council, following their 2006 Affordable Housing Workshop, directed staffto amend the City's Accessory Dwelling Unit (Second Unit) Ordinance to encourage accessory dwelling units when and where feasible and to make it easier for owners to comply with the Ordinance's provisions; and WHEREAS, input from the Housing Advisory Committee and the Technical Advisory Committee recommended amendments which would (a) clarify conditions under which a second unit could be constructed; (b) permit separate utility meters for accessory dwelling units; and (c) simplify parking requirements; and WHEREAS, the City Council wishes to amend those sections of the Zoning Ordinance to reflect the recommendations of the Housing Advisory Committee and Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 11.13 of the Gilroy Zoning Ordinance entitled "Residential Use Table" is hereby amended by repealing footnotes 1 through 5 to the Table in their entirety and by adding new footnotes 1 through 5 which shall read as follows: "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 one existing single-family unit. (3) The existing, single-family dwelling must have a least two (2) parking spaces, one of which must be covered. One additional parking space consisting of a minimum of200 square feet (10 feet wide x 20 fee long) is required for the accessory dwelling unit. The additional parking space may be uncovered -1- \LLEZOTTE\738701.1 I1Q?dI17 Jl..i7I1~I1RQ Ordinance No. 2007-19 and/or located in the driveway, provided that the parking requirement for the existing single-family dwelling has been met. (4) The accessory dwelling unit shall be limited to a one-bedroom unit with the overall floor area not to exceed six hundred (600) feet in size, not including garage areas. All accessory dwelling units shall be limited to a single story, unless a Conditional Use Permit is approved. (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 dwelling unit shall contain water, sewer, and gas or electric utility connections that are in working condition upon its occupancy and can be serviced by primary residence or with separate utility meters. 2. Permitted only if the regulations of Section 39 of this Ordinance are met. 3. A duplex dwelling is permitted when all ofthe 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; and (3) The existing, single-family dwelling must have at lease two (2) parking spaces, one of which must be covered. One additional parking space consisting of a minimum of 200 square feet (10 feet wide x 20 feet long) is required for the accessory dwelling unit. The additional parking space may be uncovered and/or located in the driveway, provided that the parking requirement for the existing single-family dwelling has been met. 5. Conditional Use Permit required unless otherwise allowed through an approved Planned Unit Development." SECTION II Section 39.30 ofthe Gilroy Zoning Ordinance entitled "Accessory Structures in Residential Zones" is hereby amended by repealing Section 39.30 in its entirety and by adding a new Section 39.30 which shall read as follows: -2- \LLEZOTTE\738701.1 I1Q?dI17 Jld7l1~I1RQ Ordinance No. 2007-19 "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 (7) feet in height and incorporating 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 the required side yard setback area on the street side of a comer lot. Landscape amenities such as arbors, trellises and pergolas maybe allowed subject to the requirements of Section 34.31 (h). 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. Any single accessory structure larger than six hundred (600) square feet must be constructed ofthe same materials, colors and architectural style as the main residential building. (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 height and setback requirements for the specified zoning district in which the lot is located. (f) Except for accessory dwelling units that meet the requirements of Section 11.13, 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. (g) Play structures under one hundred twenty (120) square feet in 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. (h) Freestanding membrane-covered accessory structures, including ridged framed canvas- covered carports and cabanas, may be allowed in residential zones, provided they meet all requirements for accessory structures, as well as the following added restrictions: (a) A membrane accessory structure shall not be constructed within the front one-half of the lot on which it is located, or within the required side yard setback area along the side yard on the street side of a comer lot. (b) The membrane roof or side coverings must have all edges fastened and restrained with sufficient tension to prevent movement or flapping of the membrane material in winds, up to the design standard for wind in this area. (c) Structural supports shall not encroach into any required setback areas." 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 remaining portions of this -3- \LLEZOTTE\738701.1 I1Q?dI17 Jld711~I1RQ Ordinance No. 2007-19 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 15th day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GATMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED ~~. ATT~ST: \ \ ' -r.,.t..\~ .' o I -4- \LLEZOTTE\738701.1 I1Q?dI17 _M711~I1RQ Ordinance No. 2007-19 ''''-'.0' I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2007-19 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 15th day of October, 2007, 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 23rd day of October, 2007. (Seal)