Ordinance 2016-03ORDINANCE NO. 2016-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
THE GILROY CITY CODE, CHAPTER 30, SECTIONS 30.50.40 AND 30.50.41 RELATED
TO ARCHITECTURAL AND SITE PERMITS AND MINOR MODIFICATIONS
WHEREAS, the Planning Commission of the City of Gilroy has considered the Zoning Code
amendment requests (Z 15 -17), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing on
January 21, 2016, to consider the request and reviewed written materials and oral comments related
to the proposed Zoning Code amendments; and
WHEREAS, the City Council of the City of Gilroy held a public hearing on February 22,
2016, to consider the request and reviewed written materials and oral comments related to the
proposed Zoning Code amendments; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with
certainty to have no possibility for causing a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
Chapter 30, Section 30.50.41 of the Gilroy City Code entitled "Review" is hereby repealed in its
entirety and replaced with a new Section 30.50.41 to read as follows:
1130.50.40 Architectural and site review.
The intent of architectural and site approval is to maintain or improve the character and integrity of a
neighborhood or area by promoting excellence in development, preventing undue traffic hazards or
congestion, and encouraging the most appropriate development and use of land in harmony with the
surrounding environment and in accordance with the general plan.
30.50.41 Review.
(a) Architectural and Site Review Permits. The community development director or designee
shall review and decide applications for architectural and site approval, and shall be bound
by any uniform standards adopted by the city council or planning commission relating to the
intent, scope or review of architectural and site approval requirements. The community
development director or designee shall review and may issue architectural and site approval
for the following uses:
(1) Construction, installation, or major remodeling of structures in an industrial,
commercial, professional office, public facilities or open space zone. Installation
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includes the location of trailers and mobile units on a site, unless such structures are
temporary in nature in compliance with Article XLVII, Temporary Uses. Major
remodeling includes building additions, as well as alterations within any twelve (12)
month period exceeding fifty percent (50 %) of the floor area, facade or value of the
existing building. The value shall 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.
(2) Residential developments having two (2) or more total units on a parcel, unless
otherwise exempted under this chapter.
(3) Relocated or moved buildings.
(4) Changes in historic site or neighborhood combining districts which the planning
director determines are not significant, and thereby do not require further review,
may receive an administratively approved Architectural and Site Review permit,
either through a new Architectural and Site Review Permit or through a Minor
Modification process pursuant to section 30.50.41(b). 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 the city council or planning
commission relating to the intent, scope or review of architectural and site approval
requirements. The planning commission shall review and may issue architectural and
site approval for the following uses:
a. Remodeling or construction in a historic neighborhood combining district, as
defined in section 30.27.40(a), involving significant changes, as determined
by the planning director.
b. Remodeling or construction in a historic site combining district, as defined in
section 30.27.40(b), involving significant changes, as determined by the
planning director.
(5) Development of four (4) or more single - family residential parcels which have been
created from the same parcel map, tentative map or final map.
(6) Site improvements in commercial and industrial districts intended to allow for
establishment of a new use or expansion of an existing use on property for which
prior legal improvements have not been installed. Such new improvements could
include, but not be limited to, grading, paving and fencing.
(7) Use of a lot for outdoor uses or storage purposes, except for exterior storage in
private residential yards that conforms to other provisions of the municipal code.
(8) Homes and accessory structures requiring building permits within the residential
hillside zoning district, except for those accessory structures approved under the
Minor Modification provisions in Section 30.50.41(b).
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(9) Building demolitions, except for the following:
a. Demolition of a non - historic single - family home for which building permits
have been issued for a replacement single - family house. For the purposes of
this section, a historic home shall be any home in the Historic Neighborhood
Combining District, a Designated Historic Site, or any structure meeting the
criteria established in 30.27.30 of the Gilroy City Code.
b. Demolition or removal of a building which the city building official has
determined to be an immediate threat to public health or safety.
C. Demolition or removal of a building that has been ordered to be removed or
demolished by the Code Enforcement appeals hearing board or by a court of
law.
d. Demolition or removal of residential accessory structures, except for historic
properties (subject to 30.27.50 of the Zoning Ordinance), and subject to the
provision of on -site parking.
e. Demolitions of non - residential buildings no greater than one thousand square
feet that are approved through the Minor Modification process.
f. Demolitions that, due to their size, nature, condition, or other factors are
determined by the Community Development Director or designee to not
require an architectural and site permit.
(10) The creation, on or above ground, through installation, construction, or replacement,
of 2,500 square feet or more of impervious surface, except that single - family
detached residences that are not within the Residential Hillside zoning district, a
Planned Unit Development overlay district, or the Historic Neighborhood Combining
District are not subject to the Architectural and Site Permit process. For purposes of
this section, the calculation of the 2,500 square feet of new or replaced impervious
surface shall represent the total of all newly created impervious surfaces, whether on
structures, pavement, or any other surface.
(11) Changes identified in 30.50.41.b that are not approved as a Minor Modification.
Any other remodeling, except as indicated above or as indicated in Section 30.50.41(b) below, shall
be exempt from Architectural and Site or Minor Modification approval. For changes requiring a
Minor Modification or Architectural and Site Review Permit, a building permit shall not be issued
until Architectural and Site or Minor Modification approval is obtained from the community
development director or the planning commission, if appealed.
(b) Minor Modifications. A Minor Modification may be conducted only where such approval
would be consistent and comply with all applicable local laws in effect at the time of
issuance, including without limitation the city's general plan and the provisions of the City
Code. The intent of the Minor Modification process is to facilitate minor changes that
maintain or improve the aesthetic, historic, architectural, landscape, or other qualities of
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properties. Minor Modifications consistent with this section may, without limitation, be
conducted to implement Sections 30.26.50(b), 30.50.47(d), or 30.50.50(g) of the Zoning
Ordinance. No proposals requiring a new Negative Declaration, Mitigated Negative
Declaration, or Environmental Impact Report as clearance under the California
Environmental Quality Act shall be allowed through the Minor Modification process.
The Community Development Director or designee may, at the director's sole discretion, approve a
Minor Modification for the following elements, subject to and in accordance with the provisions of
this section.
(1) Changes to previously approved development permits but only for minor
modification of architectural elements or landscape details (including but not limited
to minor storefront alterations, relocation of doors, equipment screening, minor
landscape furniture and structures, benches, small trellises, and planters) which do
not affect the use, intensity, general character, architectural style, circulation or other
site function of the project.
(2) The creation, on or above ground, through installation, construction, or replacement,
of less than 2,500 square feet of impervious surface, except that single - family
detached residences that are not within the Residential Hillside zoning district, a
Planned Unit Development overlay district, or the Historic Neighborhood Combining
District are not subject to the Minor Modification process. For purposes of this
section, the calculation of the maximum square feet of new or replaced impervious
surface shall represent the total of all newly created impervious surfaces, whether on
structures, pavement, or any other surface.
(3) The replacement, repaving, reconfiguration, or re- striping of parking spaces on
existing surfaces.
(4) Building additions or accessory structures of less than one thousand square feet or
less than twenty percent (20 %) of the building area prior to the addition in area,
whichever is smaller, to nonresidential buildings.
(5) Building additions or accessory structures of two - hundred and fifty (250) square feet
in total area or less, or less than twenty percent (20 %) of the total building area prior
to the addition, whichever is smaller, to hillside single - family residences, residences
in Planned Unit Development Overlay zones, a duplex, or a multiple family building,
provided that current parking regulations are being met and would continue to be met
after the completion of any addition and provided that site amenities are not
adversely impacted.
(6) Above - ground storage tanks of two thousand gallons or less in zoning districts other
than industrial zoning districts and an above- ground storage tank of ten thousand
gallons or less in an industrial zoning district.
(7) Demolition of non - residential buildings less than 1,000 square feet.
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(8) For properties designated as a historic site or within a historic neighborhood
combining district, Minor Modifications can be processed and approved for the
following:
a. Minor modifications of architectural elements, landscape details (including
but not limited to equipment screening, minor landscape furniture and
structures, benches, small trellises and planters), or installation of new or
additional pavement that do not affect the historic significance, use, intensity,
general character, architectural style, circulation or other site function of the
property.
b. Accessory structures or building additions that do not exceed two - hundred
and fifty (250) square feet in area and that are consistent with historic
compatibility criteria and applicable design guidelines and standards.
(9) Other similar minor items, as determined by the Community Development Director.
The decision to grant, deny or condition a Minor Modification is an administrative determination and
requires no hearing or public notice. The action of the Community Development Director or
designee shall be final, and nothing herein shall be deemed or construed to confer on an applicant a
right to a Minor Modification or to require the Director to issue a Minor Modification. If the
Community Development Director denies a Minor Modification, nothing herein shall preclude the
applicant from thereafter filing an application for an appropriate development permit.
Where property was developed prior to the requirement of an Architecture and Site Permit, Minor
Modifications for projects as set forth in Section 30.50.41(b) may be approved without the necessity
of the issuance of a full site Architecture and Site Permit. The Minor Modification process may, at
the Community Development Director's discretion, also be used to make the above -noted
modifications to an approved Planned Unit Development Permit."
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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
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PASSED AND ADOPTED this 7ffi day of March, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ,
TUCKER, VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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APPROVED:
x/' - / '/
Perry W�odi %y d, Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -03 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 7h day of March, 2016, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8ffi day of March, 2016.
Sba*na Freels, MMC `='
City Clerk of the City of Gilroy
(Seal)