Ordinance 2016-05ORDINANCE NO. 2016-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
THE GILROY CITY CODE, CHAPTER 30, SECTION 30.19.10(C)(2), ENTITLED
DOWNTOWN USE TABLE, AND ADDING A NEW SECTION 30.50.35 ENTITLED
DOWNTOWN USE PERMITS
WHEREAS, Gilroy City Code, Chapter 30, Section 30.19.10(c)(2) is the City's Downtown
Use Table, which specifies the unconditionally permitted uses, temporary uses, permitted uses with a
condition use permit and permitted uses with an administratively approved Downtown Use Permit;
and
WHEREAS, the Planning Commission of the City of Gilroy has considered the Zoning Code
amendment requests (Z 15 -15), 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 January 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 30.19. 1 0(c)(2) of the Gilroy City Code entitled "Downtown Commercial
Use Table" is hereby repealed in its entirety and replaced with anew Section 30.19.10(c)(2) to read
as set forth in Attachment "A" which is attached hereto and incorporated by this reference.
SECTION II
Chapter 30 is amended to add new Sections 30.50.35, 30.50.36 and 30.50.37 to the Gilroy
City Code entitled "Downtown use permits" to read as follows:
"See. 30.50.35. Downtown Use Permits.
(a) Downtown Use Permit Criteria.
Micro - breweries and wine tasting establishments meeting the following criteria may be
allowed through issuance of an administratively issued Downtown Use Permit by the
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Community Development Director or his/ her designee. The Downtown Use Permit shall be
subject to the criteria enumerated below, may be subject to additional conditions at the
Community Development Director's discretion, and the Director's decision is final. If the
Community Development Director denies a Downtown Use Permit, nothing herein shall
preclude the permittee from thereafter filing an application for an appropriate development
permit, which may include a Conditional Use Permit.
(1) Compliance with other regulatory requirements. As applicable, the permittee shall
comply with all criteria in Chapters 8 and 30 of the Gilroy City Code and shall obtain
a Bar Permit or Dance Venue Permit from the Police Department. Business Owner
or Permittee shall receive and maintain a valid license from the State Department of
Alcoholic Beverage Control for all applicable sales.
(2) Design Criteria: At least 15% of the tenant's space shall be dedicated towards
publically accessible drinking establishment uses, unless an alternative floor plan is
specifically approved by the Community Development Director or his or her
designee, with the intent being to provide an active storefront.
(3) Sales.
a. For micro - breweries, only craft beer brewed on site can be sold at the
premises. Off -sale of craft beer brewed on site may be allowed, consistent
with State Department of Alcoholic Beverage Control.
b. For wine tasting establishments, sales shall be limited to wine and at least
50% of the wine menu must be dedicated to local wines, defined as wines
from the "Wineries of Santa Clara Valley ".
C. If beer or wine is to be sold or consumed in any outdoor areas, such areas
must be approved by the Planning Division and licensed by the State
Department of Alcoholic Beverage Control.
(4) Odors. Any odors emanating from fermentation or other processes associated with
the businesses permitted within this section shall be controlled and mitigated such
that they do not have an adverse impact on nearby uses.
(5) Litter. The permittee shall be responsible for keeping the subject property and public
areas adjacent to the property, including areas at the rear of the property, free and
clear from litter. Cleaning of the public right of way adjacent to the subject property
shall occur before 8:00 a.m. following each day the use is in operation.
(b) Suspension or Revocation of Downtown Use Permit.
Notwithstanding other remedies provided for by the Gilroy City Code, the Chief of Police or
Community Development Director, at their discretion, may immediately suspend the
Downtown Use Permit, if violations of the performance criteria of the Downtown Use Permit
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M04706089
have occurred, or if use is found to be detrimental to the public health or safety. In the event
of such a suspension, the permittee shall be required to correct the violations within ten (10)
days. If the violations are not corrected, then the permittee may be subject to further action
by the City, which may include, but is not limited to, business license or other permit
revocation proceedings. In addition, the permittee may be required to apply for and obtain
an appropriate development permit, which may include a Conditional Use Permit.
(c) Conditional Use Permit Requirement.
The Chief of Police or Community Development Director, or his/her designee, may require
that a Conditional Use Permit be obtained for the micro - brewery or wine tasting
establishment if they determine that, after discussions with the permittee, that the use is
operating in a manner that is inconsistent with the performance criteria contained in Section
30.50.35(a), is inconsistent with any other City permits, creating a public nuisance, or is
otherwise detrimental to public health, safety and welfare. In such an event, the permittee
may be able to continue its business as a micro- brewery or wine tasting establishment while
a Conditional Use Permit application is being processed, so long as (1) the operational
concerns creating the need for the Conditional Use Permit are immediately abated, (2) a
complete Conditional Use Permit application and payment are received by the Planning
Division within twenty -one (21) days of notification of its need, and (3) any requests for
additional information are responded to within fourteen (14) days. "
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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
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 7th day of March, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ,
TUCKER,VELASCO
NOES: COUNCILMEMBERS: NONE
RECUSED: COUNCILMEMBERS: WOODWARD
ATTEST:
Freels, City
4814 - 4495- 9022v1
JH104706089
APPROVED:
eter Lero unoz, Ma or Pro pore
-4- ORDINANCE NO. 2016-05
ATTACHMENT A
(2) Downtown Commercial Use Table
DHD
DED
CCA
TD
CD
GD
Commercial Uses
Animal Boarding
X11
X11
X11
C19
Animal Grooming or Training
X
X
X
X
Animal HospitalNeterinary Office
X
Antique Shop
X
X
X
X
Appliance Repair
X
X
X
Arcade and Internet Access as Primary Use
X
X
X
X
Art, Dance, Gymnastic and Music Studios or
Galleries
X
X
X
X
X
X
Auction House
X°
X
X
Automotive Body Repair and Painting
C
Automotive Car Stereos and Alarm Systems
Sales and Installation
Xt7
X17
X17
Automotive Car Wash
X
Automotive Gasoline Station
X10
X
Automotive Parts Sales
X10
X
Automotive Repair and Service
X10
X13
Automotive Sales
X9
X
X
Automotive Sales, Temporary3
C
C
C
C
Automotive Tire Shop
X10
X
Bank
X
X
X
X
X
Bakery/Coffee House
X
X
X
X
X
X
Bakery, Commercial
C12
V2
X
X
Bed and Breakfast Establishment
X
X
X
Boat and Motorcycle Sales
X
X
DHD
DED
CCA
TD
CD
GD
Bowling Alley
X
X
X
Building Materials Sales and Storage
X
Card Room
C
C
Clothing Sales/Service Establishment
X
X
X
X
X
Cottage Industry with Light. Manufacturing and
Assembly
X
X
Dance Venue, Small
X
X
X
X
X
X
Dance Venue, Medium15
X
X
X
X
X
X
Dance Venue, Large
X16
X16
X16
C15
Desktop Publishing /Copy Shop
X
X
X
X
X
X
Festival
T
T
T
T
T
T
Grocery Store or Deli (Not Supermarket)
X
X
X
X
X
X
Gymnasium /Health Studio
X
X
X
X
X
X
Home Occupations
X
X
X
X
X
X
Hotel, Motel
X
X
X
Laboratory (Research and Testing)
X'
C
C
X
Landscape Nursery
X
Liquor /Alcohol Sales /Bars (On -Site
Consumption of Beer, Wine, or Liquor, not
including Micro - Brewery and Wine Tasting
Provisions below)5
C1
C1
C1
C1
C1
Micro - Breweries and Wine Tasting 21
D
D
D
Liquor /Alcohol Sales (Off -Site Consumption)5
C
C
C
C
Medical or Dental Office /Clinic
X4
X
X
X
Museums
X
X
X
X
X
X
Mortuary or Crematory
C
X
X
DHD
DED
CCA
TD
CD
GD
Newspaper Printing Facility
X
Office
X4
X
X
X
X
X
Outdoor Amusement/Recreation18
C
Parking Lot (Automobile Parking)
X
X
X
X
X
X
Pawn Shop
X
X
Personal Services'
X8
X8
X
X
X
X
Pool /Billiards Establishment and Indoor
Recreation
X
X
C
Printing /Sign Painting Establishment
X
X
X
X
Restaurant
X
X
X
X
X
X
Restaurant with Drive Through
X
X
Retail Sales 10,000 sq. ft. or Less
X
X
X
X
X
Retail Sales 10,001 sq. ft. to 50,000 sq. ft.
X
X
Retail Sales 50,001 sq. ft. or More
X
Supermarket
X
X
Theater
X
X
X
X
X
X
Therapy Clinic (Licensed Provider)
X4
X
X
X
X
Tow Yard (No Dismantling or Parts Sales)
C
Public and Semi - Public Uses
Ambulance Service
X10
X
X
Community Center
X4
X
X
X
X
X
Adult or Child Day Care Center
C
X
X
X
X
Emergency Shelter20
C
C
C
C
C
C
Hospital, Rest Home, Sanitarium
C
X
Lodge, Club, or Fraternal Hall
X4
C
X
C
X
X = Unconditionally permitted.
T = Temporary use —See Article XLVII.
C = Permitted only with conditional use permit granted by planning commission.
D = Permitted only with an administratively approved Downtown Use Permit granted by the Community
Development Director, or his /her designee.
1 The requirement for a conditional use permit does not apply to businesses whose primary use is the
preparation and service of food, and liquor is served as a clearly ancillary use.
2 All residential unit projects within commercial zones shall comply with the following guidelines:
(a) The number of residential units shall not compromise the quality or character of any existing or proposed
businesses located on the same property;
(b) The number of residential dwellings shall be limited by the availability and provision of off street parking
stalls or as allowed by ordinance;
(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance
with the Uniform Building Code; and
(d) Open space shall be provided, when feasible.
(e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED
and CD districts shall be twenty (20) units per acre.
3 A conditional use permit maybe granted to an auto related sales business for up to four (4) temporary auto
sales events on the same property within one (1) calendar year.
4 These uses are unconditionally permitted on the second story and above. Anytime these uses are proposed for
the first floor (sidewalk level), a conditional use permit is required, except that first floor office and desktop
publishing/copy shop uses shall be allowed in the DHD without a conditional use permit until May 21, 2017.
DHD
DIED
CCA
TD
CD
GD
Public Facility
X
X
X
X
X
X
Religious Institution
X°
X
X
X
X
School (Privates 12 Students)
X°
X
X
X
X
X
School (Private > 12 Students)
C
C
C
C
C
C
Residential Uses
Boarding or Rooming House
C
C
C
Caretaker's Quarters
X
X
X
X
X
C
Residential Units2
X°
X"
X14
X
X
X
Temporary Uses
Bazaar
T
T
T
T
T
Christmas Tree Lot
T
T
T
T
Outdoor Booth /Sales
T
T
T
T
T
X = Unconditionally permitted.
T = Temporary use —See Article XLVII.
C = Permitted only with conditional use permit granted by planning commission.
D = Permitted only with an administratively approved Downtown Use Permit granted by the Community
Development Director, or his /her designee.
1 The requirement for a conditional use permit does not apply to businesses whose primary use is the
preparation and service of food, and liquor is served as a clearly ancillary use.
2 All residential unit projects within commercial zones shall comply with the following guidelines:
(a) The number of residential units shall not compromise the quality or character of any existing or proposed
businesses located on the same property;
(b) The number of residential dwellings shall be limited by the availability and provision of off street parking
stalls or as allowed by ordinance;
(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance
with the Uniform Building Code; and
(d) Open space shall be provided, when feasible.
(e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED
and CD districts shall be twenty (20) units per acre.
3 A conditional use permit maybe granted to an auto related sales business for up to four (4) temporary auto
sales events on the same property within one (1) calendar year.
4 These uses are unconditionally permitted on the second story and above. Anytime these uses are proposed for
the first floor (sidewalk level), a conditional use permit is required, except that first floor office and desktop
publishing/copy shop uses shall be allowed in the DHD without a conditional use permit until May 21, 2017.
After that date, conditional use permit approval shall be required for new first floor office uses in the DHD.
Residential units in these zones shall not front on the street.
5 Requests for new ABC liquor licenses are subject to review and approval of the city's chief of police.
6 Permitted only if the regulations of Article XL, Home Occupations, are met.
7 Commercial uses providing needed services of a personal nature. Personal services generally include barber
and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning
(except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors, except
where expressly prohibited (see footnote 8).
8 Uses offering the primary personal services of massage, tattoo, and /or piercing are prohibited.
9 Indoor only for the display and sales of automobiles with no repair or servicing.
10 Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on
the one -half (1/2) block west of Gourmet Alley.
11 Day boarding only allowed; no overnight boarding.
12 Must have a prominent ancillary retail outlet or use.
13 Must be approved by a conditional use permit if within one hundred fifty (150) feet of a residential use.
14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind
a business.
15 Provided that all other provisions set forth in Chapter 8 are satisfied.
16 Up to three (3) large dance venues are allowed in the DHD downtown historic district, DED downtown
expansion district, CCA civic /cultural arts district, combined, and only located on Monterey Street between 1st
St. and 10th St. and only with a downtown special use permit granted by the community development director
or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. City council approval is
required for the fourth or more large dance venue in the DHD downtown historic district, DED downtown
expansion district, CCA civic /cultural arts district, combined, and only located on Monterey Street between 1st
St. and 10th St. and only with a downtown special use permit granted by the community development director
or designee; and provided, that all provisions set forth in Chapter 8 are satisfied.
17 Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors.
In the gateway district, outdoor installation and servicing may occur. However, a conditional use permit is
required if located within one hundred fifty (150) feet of a residentially zoned property.
18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and
recreation facilities are enumerated under "pool / billiards establishment and indoor recreation."
19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential
properties and /or for businesses that board animals outside. Businesses that board animals more than one
hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as
the animals are contained inside a building.
20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
21 Administrative approval of a Downtown Use Permit is required when criteria set forth in Section 30.50.35 are
met. Any micro - brewery or wine tasting uses not meeting the criteria noted in Section 30.50.35 would fall
into the Liquor Sales /Bars (On -Site Consumption of Beer, Wine, or Liquor, Except Uses Meeting Micro - Brewery
and Wine Tasting Provision) category in the use table.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -05 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 7th 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 Stn day of March, 2016.
City Clerk of the City of Gilroy
(Seal)