Ordinance 2018-02ORDINANCE NO. 2018-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY TO ADD TO THE GILROY CITY CODE CHAPTER
30, ARTICLE LIV, PERTAINING TO THE MINISTERIAL
APPROVAL OF ACCESSORY DWELLING UNITS, AND
AMENDING THE GILROY CITY CODE, CHAPTER 30,
SECTIONS 30.2.20, 30.4.109 30.4.209 30.5.409 30.11.109 30.31.219
30.39.109 AND 30.39.30
WHEREAS, the City of Gilroy has adopted accessory dwelling unit development
standards, currently located at Gilroy City Code, section 30.11.10, subdivision (c), footnotes 1
and 4; and
WHEREAS, the State adopted Senate Bill (SB) 1069 and Assembly Bill (AB) 2299,
effective January 1, 2017, which mandate that cities ministerially approve accessory dwelling
units according to criteria adopted by the city as well as conditions required by the State; and
WHEREAS, in order to comply with SB 1069 and AB 2299, the proposed ordinance
would add Article LIV to Chapter 30 of the Gilroy City Code, and modify sections 30.2.20,
30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30 of the Gilroy City Code
pertaining to the ministerial approval of accessory dwelling units.
WHEREAS, the Planning Commission of the City of Gilroy has considered the Zoning
Ordinance Amendment request (Z 17 -06), 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
September 7, 2017 to consider the request and reviewed written materials and oral comments
related to the proposed code amendments; and
WHEREAS, the subject Gilroy City Code amendments are 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:
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ORDINANCE NO. 2018-02
SECTION I
Article LIV, "Accessory Dwelling Units" is hereby added to the Gilroy City Code, Chapter 30,
and reads as follows:
"ARTICLE LIV. ACCESSORY DWELLING UNITS.
30.54.10 Statement of Intent
The intent of this article is to provide for accessory dwelling units on lots developed or proposed
to be developed with a single - family dwelling. Accessory dwelling units contribute needed
housing to the City of Gilroy's housing stock and enhance housing opportunities. An accessory
dwelling unit is considered a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit is not included in calculation of
residential density for the purposes of determining general plan conformance.
30.54.20 Reducing Barriers to Constructing Accessory Dwelling Units
The approval of a building permit to construct an accessory dwelling unit shall not be subject to
the following:
(a) No passageway will be required in conjunction with the construction of an accessory
dwelling unit.
(b) An accessory dwelling unit will not be required to provide fire sprinklers unless they are
required for the primary residence.
(c) An accessory dwelling unit will not be subject to any charges and fees other than building
permit fees generally applicable to residential construction in the zone in which the property is
located.
30.54.30 Development Standards for Accessory Dwelling Units
An application for a building permit to construct an accessory dwelling units will be ministerially
approved within 120 days after the City receives the application if the proposed accessory
dwelling unit meets all of the following conditions to the satisfaction of the Community
Development Director:
(a) The accessory dwelling unit must not be intended for sale separate from the primary
residence, but may be rented for periods not less than 30 days. Prior to the issuance of the
building permit for the accessory dwelling unit, the owner - occupant must record a deed
restriction stating that the accessory dwelling unit must not be rented for periods less than 30
days and stating that either the primary residence or the accessory dwelling unit must be owner-
occupied.
(b) The accessory dwelling unit must be located on a parcel that is designated as an RR, R1 or
RH zoning district, an R2 zoning district if the parcel is currently developed with only one (1)
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ORDINANCE NO. 2018-02
single - family dwelling and the accessory dwelling unit takes the place of any future second
dwelling unit on the property, or an ND zoning district in which such use is allowed in
accordance to the master plan or specific plan adopted for the neighborhood district area in
which the parcel is located.
(c) The accessory dwelling unit must be located on a parcel that is occupied by an existing
single - family residence, and that single- family residence must have at least two parking spaces
that comply with the requirements of Article XXXI, "Off- Street Parking Requirements." At least
one of these spaces must be covered.
(d) In addition to the required off - street parking spaces for the existing single - family residence,
one (1) off - street parking stall is required for the accessory dwelling unit. The additional parking
stall must comply with parking stall dimensions per Section 30.31.40 of the City Code. The
additional parking stall may be covered or uncovered, and may be provided as tandem parking
on a driveway that otherwise complies with the setback and paving requirements set forth in
Article XXXI of Chapter 30 of the City Code. Parking in setback areas or tandem parking may
be denied if found to be infeasible due to specific site or life safety conditions. Notwithstanding
the above, a parking stall will not be required for an accessory dwelling unit that meets any of
the following criteria:
(1) The accessory dwelling unit is located within one -half mile of a public transit
station, such as a bus stop or train station.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is contained within the existing space of the
single - family residence or an accessory structure.
(4) The accessory dwelling unit is located in an area where on- street parking
permits are required but not offered to the occupant of the accessory dwelling
unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(e) The accessory dwelling unit can either be attached to the existing single - family unit or
located within the living area of the existing single - family unit, or detached from the existing
single - family unit and located on the same lot as the existing single - family unit. Detached
accessory dwelling units must be limited to a single story unless the unit is built above an
existing detached garage. Outside stairways serving a second story accessory dwelling unit shall
not be constructed on any building elevation facing a public street.
(f) The accessory dwelling must be limited to a one - bedroom unit with an overall floor area,
garage areas excluded, not to exceed 600 square feet. The floor area of an attached accessory
dwelling unit must not exceed 50 percent of the existing living area of the single - family unit.
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ORDINANCE NO. 2018-02
(g) The accessory dwelling unit must contain water, sewer and gas and/or electric utility
connections that are in working condition upon its occupancy. The accessory dwelling unit may
be serviced by the primary residence or may have separate utility meters. The accessory dwelling
unit will not be considered a new residential use for the purpose of calculating connection fees or
capacity charges for these utilities.
(h) The maximum height for a single -story accessory dwelling unit must be fifteen (15) feet.
The maximum height for the total structure of an accessory dwelling unit located above a garage
must be twenty -four (24) feet.
(i) An accessory dwelling unit must conform to the setback requirements generally applicable to
residential construction in the zoning district in which the property is located, subject to the
following:
(1) A setback of six (6) feet from the side and rear lot lines is required for a
newly constructed detached accessory dwelling unit and for an existing accessory
structure that is expanded into an accessory dwelling unit, except that such an
accessory dwelling unit that is located closer than five (5) feet to the existing
single - family residence remains subject to the setback requirements as specified
by the zoning district in which the lot is located.
(2) A setback of five (5) feet from the side and rear lot lines is required for an
accessory dwelling unit that is constructed above a garage.
(3) No setback is required for an existing garage that is converted into an
accessory dwelling unit.
(4) An accessory dwelling unit must not encroach upon the required front yard
area.
0) Architectural review of the accessory dwelling unit will be limited to the following:
(1) The architectural features, window styles, roof slopes, exterior materials,
colors, appearance, and design of the accessory dwelling unit must be compatible
with the existing single - family residence.
(2) Entrances to the accessory dwelling unit must be screened from street view.
(3) Any window, door or deck of an accessory dwelling unit must utilize design
techniques to lessen views onto adjacent properties to preserve the privacy of
residents.
(4) An accessory dwelling unit located within an historic site or neighborhood
combining district will be subject to the design review procedures set forth in
Section 30.27.40 of this Chapter and must be consistent with the Secretary of
Interior's Standards for the Treatment of Historic Properties.
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ORDINANCE NO. 2018-02
(k) The accessory dwelling unit is subject to the design standards and other zoning requirements
of the zoning district in which the existing single - family dwelling is located and must be built in
accordance with the building code set forth in Chapter 6 of the City Code, except for those
design, zoning, and building standards inconsistent with state requirements under California
Government Code Section 65852.2.
30.54.40 Accessory Dwelling Units Within Existing Single - Family Residences
Notwithstanding any other provisions of this chapter to the contrary, an application for a building
permit to create an accessory dwelling unit will be ministerially approved within 120 days after
the City receives the application if the proposed accessory dwelling unit meets all of the
following conditions:
(a) The unit is contained within the existing space of a single - family residence or accessory
structure;
(b) The unit has independent exterior access from the existing residence;
(c) The side and rear setbacks of the unit are sufficient for fire safety;
(d) The unit complies with applicable building and safety codes; and
(e) No other accessory dwelling units have been approved on the lot.
An accessory dwelling unit meeting the criteria of this section will not be subject to any
additional parking or other development standards."
SECTION II
Gilroy City Code, Chapter 30, Section 30.2.20, definition of "Accessory dwelling unit" is hereby
amended to read as follows:
"`Accessory dwelling unit' means an attached or detached residential dwelling unit that is
located on the same lot as an existing single - family dwelling. The unit must provide complete
independent living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. An accessory dwelling unit does not include a truck
trailer or recreational vehicle, but does also include the following:
(a) An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code;
(b) A manufactured home, as defined in Section 18007 of the California Health and Safety
Code."
SECTION III
Gilroy City Code, Chapter 30, Section 30.2.20, definition of "Accessory building (or structure)"
is hereby amended to read as follows:
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ORDINANCE NO. 2018-02
"`Accessory building (or structure)' means buildings, both permanent and temporary, excluding
accessory dwelling units as defined in this section, which are:
(a) Located on the same lot as the principal building or use;
(b) Subordinate to and serve a principal building or principal use;
(c) Subordinate in area, extent, or purpose to the principal building or principal use; and
(d) Contribute to the comfort, convenience, or necessity of occupants of the principal building or
principal use."
SECTION IV
Gilroy City Code, Chapter 30, Section 30.4.10, subdivision (d), is hereby amended to read as
follows:
"(d) Density. The maximum density in the Al agriculture district shall be one (1) dwelling unit
per lot. This density limitation is intended to provide for an average density of less than one (1)
unit per twenty (20) acres."
SECTION V
Gilroy City Code, Chapter 30, Section 30.4.20, subdivision (d), is hereby amended to read as
follows:
"(d) Density. The maximum density in the RR rural residential district shall be one (1) dwelling
unit per lot. (Accessory dwelling units may be allowed under the regulations prescribed in
Article LIV of this Chapter.) This density limitation is intended to provide for an average density
of one (1) unit per two and one -half (2 1/2) acres."
SECTION VI
Gilroy City Code, Chapter 30, Section 30.5.40, is hereby amended to read as follows:
"The maximum density in the R1 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 Article LIV of this Chapter.)"
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ORDINANCE NO. 2018-02
SECTION VII
Gilroy City Code, Chapter 30, Section 30.11.10, subdivision (c), is hereby amended to read as
follows:
"(c) Residential Use Table.
ORDINANCE NO. 2018-02
Al
RR
Rl
R2
R3
R4
RH
ND
Accessory Building
X
X
X
X
X
X
X
Temporary Building
X
X
X
X
X
X
X
Agricultural Uses
Agriculture
X
X
CS
CS
CS
CS
CS
Animal Husbandry
C
C
Animal Services
Animal Boarding
X
X
Veterinary Hospital
X
X
Commercial Uses
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 Occupation
D
D
D
D
D
D
Landscape Nursery
C
Sale of Farm Products (Grown on Site)
X
C
Subdivision Sales Office
T
T
T
T
T
Public and Semi - Public Uses
Community Garden
X
X
X
X
X
X
Emergency Shelter?
C
C
C
C
C
C
C
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
C4
C4
C4
C4
C4
C4
ORDINANCE NO. 2018-02
Facility
Publicly Owned Building or Facility
X
X
X
X
X
X
Religious Institution
X
X
X
X
X
X
Schools (Private < 12 Students or Public)
X
X
X
X
X
X
Schools (Private > 12 Students)
C
C
C
C
C
C
Supportive and Transitional Housing6
X
X
X
X
X
X
X
Residential Uses
Accessory Dwelling Unit
X1
X1
X'
X1
Condominiums
X
X
X
Duplex
X3
X
X
X
Mobile Home Park
C
C
X
X
Multiple - Family Building
X
X
Residential Care Homes (More Than 6
Residents)
C
C
C
C
C
C
Residential Care Homes (Up to and Including
6 Residents)
X
X
X
X
X
X
Single - Family Dwelling or Modular Home
X
X
X
X
X
X
Townhouse
X
X
X
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 Article XLVII.
* = 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 comply with the regulations prescribed in Article LIV of
this Chapter.
2 Permitted only if the regulations of Article XL are met.
3 A duplex dwelling is permitted when all of the following conditions are met:
(a) The duplex dwelling shall be located on a corner lot only; and
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ORDINANCE NO. 2018-02
(b) 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
(c) The duplex shall not increase the overall density within any given land subdivision
beyond the maximum of seven and one -fourth (7 1/4) dwelling units per net acre.
4 Conditional use permit required unless otherwise allowed through an approved planned unit
development.
5 Planning commission approval of a conditional use permit is required for all new
agricultural uses.
6 Supportive and/or transitional housing that serves more than six (6) individuals, provides
on -site services and is licensed by the state as a group home shall only be allowed upon the
granting of a conditional use permit.
7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.
Additionally, emergency shelters in the agriculture and residential zoning districts shall only
serve families. For the purpose of this section, a family is defined as having one (1) or more
individuals under eighteen (18) years of age who reside with a parent or with another person
with care and legal custody of that individual (including foster parents) or with a designee of
that parent or other person with legal custody. Family also includes a pregnant woman or a
person who is in the process of adopting or otherwise securing legal custody of any
individual under eighteen (18) years of age.
SECTION VIII
Gilroy City Code, Chapter 30, Section 30.31.21 is hereby amended to read as follows:
"Accessory dwelling units
One (1) stall per unit, subject to the restrictions contained in section 30.54.30, subdivision
(e), and section 30.54.40 of this Chapter.
Bed and breakfast establishment
Two (2) stalls, one (1) of which shall be a covered carport or garage, plus one (1) stall per
two (2) guest rooms.
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ORDINANCE NO. 2018-02
Multiple- family
One and one -half (1 1/2) stalls per one (1) bedroom or two (2) bedroom dwelling unit and
two (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
(each space must be at least ten (10) feet by twenty (20) feet)."
ZMINITUON W1
Gilroy City Code, Chapter 30, Section 30.39.10 is hereby amended to read as follows:
"The intent of this article is to provide regulations for building or structures that are not main
building on parcels, excluding accessory dwelling units, in which the principal use of land does
not take place."
SECTION X
Gilroy City Code, Chapter 30, Section 30.39.30, subdivision (f), is hereby amended to read as
follows:
"(f) Accessory structures shall not be used for dwelling purposes. Applications for a building
permit to construct an accessory dwelling unit is subject to the provisions of Article LIV of this
Chapter."
SECTION XI
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
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional or otherwise void or invalid.
SECTION XII
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ORDINANCE NO. 2018-02
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (3 0) days from and after the date it is adopted.
PASSED AND ADOPTED this 8t" day of January, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
A rrrrrr 0 rr _
BRACCO, HARNEY, TUCKER, and
VELASCO
LEROE- MUNOZ, TOVAR
APPROVED:
k
Rolana Velasco, Mayor
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ORDINANCE NO. 2018-02
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -02 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 8th day of January, 2018, 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 11th day of January, 2018.
City Clerk of the City of Gilroy
(Seal)