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Ordinance 2019-08ORDINANCE NO.2019-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS OF CHAPTER 30 OF THE GILROY CITY RELATED TO GENERAL PLAN AND ZONING RELATIONSHIP, DEFINITIONS, LAND USE TABLES AND STANDARDS, PARKING, STORAGE, RV PARK DEVELOPMENT, NONCONFORMING USES, MINOR MODIFICATIONS, AND ACCESSORY DWELLING UNIT STANDARDS WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning Ordinance) are proposed to make minor revisions for internal consistency, clarification, and comply with state law; and WHEREAS, the Planning Commission has received and considered the Zoning Code amendments, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff report pertaining to the proposed Zoning Text Amendment file number Z 18-07; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2019, at which time the Planning Commission took and considered the written and oral public testimony related to Zoning Text Amendment file number Z 18-07 and thereafter recommended that the City Council approve said application, with exceptions to the amendments of recreational vehicle use and accessory dwelling unit replacement parking provisions; and WHEREAS, the City Council received and considered a staff report pertaining to Zoning Text Amendment file number Z 18-07; and WHEREAS, the City Council held a duly noticed public hearing on August 5, 2019, at which time the City Council took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 18-07; and WHEREAS, the City has determined that the review and approval of the provisions contained in the Zoning Text Amendment file number Z 18-07 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of -I- ORDINANCE NO. 2019-08 Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from CEQA when "[t]he activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA;" and WHEREAS, in accordance with City of Gilroy Zoning Code Section's 30.52.40 and 30.52.60, the Planning Commission has recommended and the City Council finds that the proposed Zoning Ordinance Text Amendment implements the general plan in conformance with state law; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18-07 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HERESY ORDAIN AS FOLLOWS: SECTION I Section 30.1.40(b) is hereby amended to read as follows: (b) The zoning ordinance shall be consistent with the general plan of the City of Gilroy. Where inconsistencies do exist, the general plan shall control the use and development of such land until such time as the city council revises the zoning ordinance to achieve consistency. SECTION II Section 30.2.20 is hereby amended to add new definitions as follows: " Clinic. See "Medical or Dental Office." "Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in -patient basis, including facilities for out -patient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors. "Medical or Dental Office/Clinic" means a facility, other than a hospital, that provides professional medical services, consultation, diagnosis and treatment of clients on an outpatient basis. This may include a group practice in which several physicians work cooperatively, and/or -2- ORDINANCE NO.2019-08 educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. "Veterinary hospital" means a facility providing medical care for domestic pets such as dogs, cats, reptiles, birds and similar animals which may include boarding the animals two (2) or more days. This definition excludes domestic farm animals such as cattle, hogs, sheep, and horses. SECTION III Section 30.2.20 is hereby amended to replace existing definitions to read as follows: "Dwelling group" means a group of two (2) or more detached residential buildings occupying a parcel of land in one (1) ownership. "Liquor/Alcohol sales/bars (on -site consumption)" means an area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. "Office" means uses that predominantly sell professional and/or business services. The contact with the general public is not as frequent as with retail businesses or personal services, and a significant portion of the business may take place at other locations. Examples include banks, law offices, accountants, advertising, and computer support. "Parking lot" means an area of land, a yard, or other space on a lot legally used for and designed for access and parking by standard, and operable, motor vehicles. This definition excludes land used for display, rental or storage of operable or inoperable vehicles. "Window sign" means a sign which is displayed on or located behind and within one (1) foot of a window (not including a glass entry door), and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public. SECTION IV Section 30.11.10(c) Residential Use Table is hereby repealed and replaced, with revisions, as set forth in Attachment "A" which is attached hereto and incorporated by this reference. SECTION V Section 30.11.20(c) Residential Site and Building Requirement Table is hereby repealed and replaced, with revisions, as set forth in Attachment "B which is attached hereto and incorporated by this reference. SECTION VI Section 30.14.10 is hereby amended to read as follows: -3- ORDINANCE NO.2019-08 30.14.10 Statement of intent. This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed use development. Residential mixed use projects are encouraged. The intent of the downtown historic district (DHD) is to foster the city's historic downtown as a unique and prosperous commercial resource. Buildings in the downtown historic district (DHD) are mixed use with premium local and regional boutique retail uses and entertainment establishments, fostering a multicultural environment. Residential or office use above the ground floor is encouraged. Architecture should reflect historic forms and materials and adaptive reuse of historic architecture is encouraged. Wide sidewalks with strong pedestrian connections to adjacent districts are encouraged. Establishment of paseos and plazas and unique outdoor spaces of any size with fountains and public art is a priority. Parking is not allowed at street front retail locations. Note: The downtown historic district (DHD) zone does not have the same intent and purpose as the historic overlay district designation. Article XXVII Neighborhood Combining District overlay zone establishes historic site and neighborhood regulations. " SECTION VII Section 30.19.10(c)(1) Commercial Use Table is hereby repealed and replaced in its entirety with revisions as set forth in Attachment "C" which is attached hereto and incorporated by this reference. SECTION VIII Section 30.19.10(c)(2) Downtown Commercial Use Table is hereby repealed and replaced in its entirety with revisions as set forth in Attachment "D" which is attached hereto and incorporated by this reference. SECTION IX Section 30.19.20(c)(1) Commercial Site and Building Requirement Table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment "E" which is attached hereto and incorporated by this reference. SECTION X Section 30.19.20(c)(2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts) is hereby repealed in its entirety and replaced with revisions as set forth in Attachment " F" which is attached hereto and incorporated by this reference. SECTION XI Section 30.20.40 is hereby amended to read as follows: -4- ORDINANCE NO. 2019-08 30.20.40 Murray -Las Animas Avenue overlay combining district. The Murray -Las Animas Avenue overlay combining district includes all parcels within the geographical area bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey Road to the west. The planning commission shall hold a public meeting noticing all property owners and residents within this area on any planning project requiring an architectural and site review application proposed for approval within this geographical area. The public noticing costs shall be borne by the project applicant. Notwithstanding section 30.50.41 the planning commission shall review and issue or deny approval of said application according to the standards set forth in section 30.50.40 and in the Murray -Las Animas Avenue overlay combining district design policy. The applicant if not satisfied with the terms and conditions of approval or a denial from the planning commission may appeal such decision in writing to the city council within twenty (20) days of the planning commission's decision. SECTION XII Section 30.23.10(c) Industrial use table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment "G" which is attached hereto and incorporated by this reference. SECTION XIII Section 30.23.20(c) Industrial use table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment "H" which is attached hereto and incorporated by this reference. SECTION XIV Section 30.24.50(c) Special regulations, Tree Removal is hereby revised to read as follows: (c) Tree Removal. Removal of live trees in areas outside public parks may be permitted upon approval of the planning director. All removal shall be in accordance with the city's landscaping standards, contained within Article XXXVIII. SECTION XV Section 30.31.20 is hereby amended to read as follows: 30.31.20 Parking space requirements. At the time any activity is established or building or structure is erected, or is enlarged, or increased in capacity, or whenever there is a substitution of activities of a change in the nature of an existing activity, off-street parking for vehicles in such numbers as are hereinafter prescribed shall be provided. Off-street parking areas shall be provided, maintained and made accessible for each land use or activity in accordance with the following schedule, as shown: -5- ORDINANCE NO. 2019-08 Type of Use Off -Street Parking Stalls Required SECTION XVI Section 30.31.23 is hereby amended to read as follows: 30.31.23 Institutional use off-street parking requirements. Assisted living facility Eight -tenths (8/10) stalls per residential unit, plus one (1) stall per shift employee. Churches and mortuaries One (1) stall for every four (4) seats or one (1) stall for each fifty (50) square feet of net floor area for assembly, whichever is greater. Colleges, art, craft, music and dancing schools and business, professional and trade schools One (1) stall for each employee, plus one (1) space for each four (4) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater. Convalescent homes, nursing homes and sanitariums One (1) stall per staff or visiting doctor, plus one (1) stall per two (2) employees, plus one (1) stall for every four (4) beds. Day care centers One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5) children. Family Day care home Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage. Hospitals One (1) stall for each three (3) beds, plus one (1) stall per staff doctor, plus one (1) stall for each three (3) staff. Orphanages One (1) stall for every three (3) employees, plus one (1) stall for every ten (10) beds. Public, parochial and private elementary schools One (1) stall for each employee, plus one (1) stall for every four (4) auditorium seats, plus bus loading area. Public, parochial and private high schools One (1) stall for each employee, plus one (1) space for each ten (10) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater, plus bus loading area. -6- ORDINANCE NO. 2019-08 SECTION XVII Section 30.31.25(a) is hereby amended to read as follows: 30.31.25(a) Retail and commercial uses. Barber and beauty shops One (1) stall per one hundred (100) square feet of gross floor area. Bed and breakfast establishment Two (2) stalls, plus one (1) stall per guest room. Bus stations, train depots and other transportation depots One (1) stall for each employee, plus user parking as determined by the planning director. General retail sales, repair and services, and shopping centers One (1) stall per two hundred fifty (250) square feet of gross floor area. Hotels and motels One (1) stall for each guest room, plus six (6) stalls. Regional retail commercial centers One (1) stall per two hundred (200) square feet of gross floor area. Restaurants, bars, taverns, lunch rooms, night clubs and cocktail lounges One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area devoted to dining, whichever is greater, plus one (1) stall for each shift employee. Restaurants and other retail establishments with take-out service, walk-up or drive -up windows and roadside stands One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area, whichever is greater, plus one (1) stall for each shift employee, plus eight (8) stalls or eight (8) auto waiting spaces for each exterior service window. Retail sales of large appliances, automobiles, furniture or other similar bulky merchandise One (1) stall per six hundred (600) square feet of gross floor area. Service stations and vehicle repair garages One (1) stall per four hundred (400) square feet of gross floor area, plus one (1) stall per employee, but not less than three (3) stalls total (service bays shall not be counted as part of the required parking). Uncovered general retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross floor area. Uncovered retail sales area for landscaping nurseries, vehicles and construction materials One (1) stall for each four thousand (4,000) square feet of gross display area, plus one (1) stall per employee, but not less than four (4) stalls. " -7- ORDINANCE NO.2019-08 SECTION XVIII Section 30.31.30 (g) is hereby amended to read as follows: (g) Every use shall provide the required parking on the same parcel except: (1) The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, to the satisfaction of the community development director or designee, and provided the total number of parking spaces provided is equal to the sum of the individual needs. (2) Any use located within the parking assessment district formed under the provisions of the Gilroy Municipal Code need not provide the required parking as specified in this chapter. The parking assessment district includes those properties zoned TD, DED, and DHD that lie within the geographical area bounded by Fourth Street and Lewis Street to the north, E Sixth Street and West Sixth Street to the south, TD zoned parcels along the west side of Eigleberry, and DHD zoned parcels along the east side of Monterey Street backing to the rear alleyway, as further depicted in the Parking Assessment District Boundary Map below. Parking Assessment District Boundary Map* -8- ORDINANCE NO. 2019-08 * Parking Assessment District's #1 & #2 as formed by City Council Resolutions No. 856 & No. 79-99 SECTION XIX Section 30.31.50 shall be amended as follows: 30.31.50 Special parking requirements. (a) Employee Parking. Parking stalls designated for employee use may be provided as part of the required off-street parking, but only up to a maximum of the actual anticipated number of employees. Employee parking designated stalls shall be designed and located such that they are distinct and separate from other parking on the site. However, on any site where compact car parking has been provided to meet the required parking demand, stalls designated for employee parking shall not be allowed. Employees shall not be prohibited from using off-street parking. (b) Accessible Parking Requirements. Accessible parking shall comply with the requirements of the State Building Code. (c) Truck Loading and Unloading Space. All retail and wholesale stores, warehouses, supply houses, buildings devoted to manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped shall provide loading and unloading space adequate to handle the volume and frequency of truck traffic to the building or shopping center. The number and minimum dimensions of loading spaces shall be determined by the planning director. (d) Parking for adaptive re -use of a designated historical resource. For development in which a designated historical resource is converted or adapted, reductions in required parking shall be provided consistent with the provisions of Section 18962 (a) of the state Health and Safety Code. Designated historical resource means a structure or property officially designated on a local register of historical places, the California Register of Historical Resources, or the National Register of Historic Places. SECTION XX Section 30.31.60(a) (1) shall be amended to read as follows: (1) Each accessible parking stall shall be delineated by blue painted curb and lines, and shall be clearly labeled in blue paint with the standard accessible parking symbol or clearly labeled for "accessible parking only. SECTION XXI Section 30.33.20 Storage, all nonresidential zones, is hereby repealed in its entirety. SECTION XXII Section 30.33.30(a) is hereby revised to read as follows: " (a) In residential zones, recreational vehicles, boats and trailers may be stored only on property on which the vehicle's owner resides. Storage is permitted outside a structure on a paved, or -9- ORDINANCE NO. 2019-08 alternative all-weather material driveway as approved by the community development director or designee, provided all of the following conditions exist: " SECTION XXIII Section 30.41.31(b) (1) Specific provisions Noise, Maximum Outdoor Noise levels is hereby revised to read as follows: (1) Residential Noise Impacting Residential Properties. Fixed -source outdoor mechanical equipment installed after July 1, 2007 (e.g., pool, spa, air conditioning or similar equipment) is limited to a maximum of 60 dBA Ldn measured at the property line or 70 dBA (Llo) measured at the property line. SECTION XXIV Section 30.42.20 regarding Recreational Vehicle (RV) Park Development standards is hereby revised to read as follows: 30.42.20 Permitted zones for recreational vehicle parks. Recreational vehicle parks as regulated herein and that have been conditionally permitted within the highway commercial, limited industrial, and general industrial zoning districts may continue to operate in conformance with conditional use permit approval granted for the facility. No new facilities or any expansion of use shall be allowed. SECTION XXV Section 30.42.30 regarding Recreational Vehicle (RV) Park guidelines is hereby revised to read as follows: 30.42.30 Guidelines. Ongoing operations shall remain in conformance with the following guidelines, except as otherwise modified by the conditional use permit granted for the facility. (a) Minimum Spacing. A recreational vehicle (RV) park shall provide spaces to accommodate various types of RVs. The minimum buffer area to be provided around each RV space shall be ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear or front to rear. A minimum of five (5) feet shall be provided between RV patios and any adjacent RV space. A minimum of six (6) feet shall be provided between the appurtenant structures attached to an RV and any adjacent RV space. No restroom shall be closer than twenty-five (25) feet to, nor further than four hundred (400) feet from, an RV space. Other permanent buildings shall be set back at least ten (10) feet from any RV space. (b) Landscaping/Visual Screening. All RV developments shall provide a minimum twenty-one (21) foot wide planter area, measured from the face of curb, along each street frontage (public sidewalks may be permitted in this planter area) to minimize views of the development from the public right-of-way. All areas not specifically used for driveways, walkways, patios, or similar -10- ORDINANCE NO. 2019-08 purposes shall be landscaped in accordance with Article XXXVIII (Landscaping). The buffer area between RV spaces shall be landscaped. Landscaping materials shall meet with city standards and shall be planted to provide maximum visual relief and summer shade. The landscaped areas shall be protected from wheeled traffic by berms, curbing, fencing, posts, or other means where feasible. (c) Recreation Facilities. Recreational facilities include indoor rooms with table games as well as pools, clubhouses, common barbecue/picnic areas, and ball fields and playgrounds with swings, slides, sandboxes, and similar recreational equipment. A variety of recreational facilities shall be provided at a minimum of one hundred (100) square feet per RV space. Perimeter landscaping and landscaping between RV spaces shall not be counted as a recreational amenity. (d) Sound Attenuation Devices. Sound attenuation devices shall be of sufficient height and density to reduce exterior noise levels on the RV park to commercial standards. Sound attenuation devices shall also be required if noise from the RV park may intrude onto an adjacent property. All such sound attenuation devices shall be landscaped and constructed with aesthetically attractive materials. Landscaping berms at least two (2) feet in height shall be provided where sound attenuation devices are visible from the public right-of-way. (e) Parking. A minimum of one (1) guest parking space shall be provided for every ten (10) RV spaces. One (1) parking space shall be provided for each shift employee and shall be conspicuously labeled as such. One (1) covered parking space shall be provided for a caretaker's residence, where applicable. Every RV must maintain the ability to be pulled or moved at all times. (f) Lighting. Lighting shall be subject to section 30.50.44. In addition, post or index lighting shall be provided to indicate the location of each RV parking space, so that the number is clearly visible at night. Low-level exterior lighting and adequate interior lighting shall also be provided for restroom and shower facilities. Such lighting shall be subject to review by the planning division. SECTION XXVI Section 30.46.40 Density bonus regulations section is hereby repealed in its entirety and replaced to read as follows: 30.46.40 Density bonus for affordable housing developments. Density bonus provisions shall be governed by the state density bonus law Government Code Section 65915 et seq. SECTION XXVII Section 30.48.20 is hereby amended to revise the section title only, to read as follows: 30.48.20 Expansion, enlargement and discontinuance. -11- ORDINANCE NO. 2019-08 SECTION XXVIII Section 30.50.41(b)(1) is hereby amended to read as follows: (1) Changes to previously approved development permits but only for minor modification of architectural elements, exterior lighting 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. SECTION XXIX Section 30.50.44(a) is hereby amended to read as follows: (a) Landscaping. Landscaping plans including specifications for an irrigation system shall be approved by the planning director in accordance with Article XXXVIII, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed -free condition, in accordance with the approved specific landscape plan. SECTION XXX Section 30.50.44(c) is hereby amended to read as follows: (c) Exterior Lighting. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. Lighting shall be constructed or located so that only the intended area is illuminated and off -site glare is fully controlled. SECTION XXXI Section 30.54.30 is hereby repealed and replaced in its entirety to read as follows: 30.54.30 Development standards for accessory dwelling units. An application for a building permit to construct an accessory dwelling unit will be ministerially approved within one hundred twenty (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 single- family residence, but may be rented for periods not less than thirty (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 thirty (30) days and stating that either the primary residence or the accessory dwelling unit must be owner -occupied. (b) No more than one (1) accessory dwelling unit may be established in addition to no more than the one (1) primary single-family dwelling legally constructed on residentially zoned property. -12- ORDINANCE NO.2019-08 The accessory dwelling unit must be located on a parcel that is designated as an RR, RI or RH zoning district, or on a parcel that is zoned R2, R3 or R4 zoning district if the parcel is developed with only one (1) single-family dwelling and the accessory dwelling unit takes the place of any future second dwelling unit on the property, or an ND or PUD 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 (2) parking spaces that comply with the requirements of Article XXXI, Off -Street Parking Requirements. At least one (1) of these spaces must be covered. However, if the required parking space(s) for a single-family residence are proposed to be removed in order to accommodate an accessory dwelling unit, including through the conversion or demolition of a garage or carport structure, then any required replacement parking can be provided as covered or uncovered, in tandem, or with use of mechanical parking lifts. In any case a minimum of two (2) stalls per primary residential dwelling unit shall be provided, outside of the required front or street side yard setback. Each space must be at least ten (10 feet by twenty (20) feet. (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. 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. 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 (1/2) 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 (1) 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 -13- ORDINANCE NO. 2019-08 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 (1) bedroom unit with an overall floor area, garage areas excluded, not to exceed six hundred (600) square feet. However, the floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the total living area of the single-family residential structure (not including garage). (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 interior 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 applicable to the primary structure 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 additional 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 or the required street side 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. -14- ORDINANCE NO.2019-08 (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 a historic site or neighborhood combining district will be subject to the design review procedures set forth in section 30.27.40 and must be consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties. (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, except for those design, zoning, and building standards inconsistent with state requirements under California Government Code Section 65852.2. SECTION XXXII Section 30.54.40 is hereby repealed and replaced in its entirety to read as follows: 30.54.40 Accessory dwelling units proposed within existing single-family residences and accessory structures (internal conversions). 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 one hundred twenty (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 legal permitted residential accessory structure (e.g., pool -house, studio workshop, or garage); (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 or residential units have been approved on the lot. (f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area, garage areas excluded, not to exceed six hundred (600) square feet. (g) An accessory dwelling unit meeting the criteria of this section will not be subject to any additional parking for the unit or other development standards (except any replacement parking that may be required for the primary unit as a result of a garage conversion). SECTION XXXIII Ifany section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the -15- ORDINANCE NO.2019-08 remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION XXXIV 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. PASSED AND ADOPTED this 7th day of October, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE TEST• Sh na Freel , Cier AP Roland Velasco, Mayor -16- ORDINANCE NO.2019-08 ATTACHMENT "A" (c) Residential Use Table. Al RR Rl I 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 * i Veterinary Hospital X X Commercial Uses Bed/Breakfast Establishment (1-2 C C C C C C Rooms) Boarding or Rooming House I X I C I C C C C Day Care Center C C I C C C C Family Day Care Home I X I X I X X I X X Home Occupation I D D D D I D D Landscape Nursery I C Sale of Farm Products (Grown on X C Site) Subdivision Sales Office I T I T T T T Public and Semi -Public Uses Community Garden I X X I X X X X Emergency Shelter? I C C C C C C C Golf Course or Country Club I C C C C C C Hospital I C I C Neighborhood Bazaar T T T T T Open Space (Recreational) I X I X X X I X X Private Neighborhood Park, C4 C4 C4 C4 C4 C4 Recreation Facility Publicly Owned Building or X I X X X X X Facility -17- ORDINANCE NO.2019-08 Al RR Rl R2 R3 R4 RH ND Religious Institution X X X X X X Schools (Private < 12 Students or X X X X X X Public) Schools (Private > 12 Students) C C C C C C Supportive and Transitional X X X X X X X Housing Residential Uses Accessory Dwelling Unit' X X X X X X * l Condominiums X X X Duplex X3 X X X Mobile Home Park C C X X Multiple -Family Building X X * l Residential Care Homes (More C C C C C C Than 6 Residents) Residential Care Homes (Up to and X X X X X X Including 6 Residents) Single -Family Dwelling or Xx X X X X X X Modular Home 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. ' An accessory dwelling unit is only permitted on a lot that has been developed with only one (1) legal single-family residential dwelling unit, and 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 (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 -18- ORDINANCE NO. 2019-08 (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. 8 One residential dwelling unit may be permitted on an Al zoned parcel that has a minimum size of 20 acres, or more. Subdivision of land for further development is not permitted without rezoning to another zoning district that implements the general plan land use map. -19- ORDINANCE NO. 2019-08 ATTACHMENT "B" (c) Residential Site and Building Requirement Table. Residential District Requirements LOT REQUIREMENTS Lot Size in Square Feet (Minimum)' (Lots Using Street Standards in Effect Prior to February 2006) Lot Size in Square Feet (Lots Using Street Standards Adopted in February 2006) YARD REQUIREMENTS (Minimum Setbacks in Feet. Property Lines Adjacent to Streets Measured from the Face of Curb) Front Front (Lots on Bulb of Cul-de-sac) Side (Adjacent to a Street) Side (All Other Side Yards) Rear Rear (Yards Backing onto Street) HEIGHT REQUIREMENTS (Maximum) Building Height in Feet Number of Stories Residential District Requirements ADDITIONAL REGULATIONS Off -Street Parking, Article XXXI Fences, Article XXXIV Signs, Article XXXVII Landscaping, Article XXXVIII ESTABLISHED DEVELOPMENT POLICIES Hillside Development Guidelines Residential Condominium Policy Al RR Rl R2 R3 R4 ND 20 ac 2.5 ac 6,000 8,000' 8,000 12,000 20 ac 2.5 ac 6,660 8,880 8,880 13,320 262 262 262 262 262 262 222 222 222 222 222 222 21 21 21 21 21 21 12 12 63 63 12 12 156 156 156 156 156 156 26 26 26 26 26 26 35 30 35 35 45' 757 2 2 2 2 3 6 Al RR Rl R2 R3 R4 ND YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO YES YES YES YES YES YES NO NO NO NO NO NO NO NO YES YES YES YES -20- ORDINANCE NO.2019-08 ' 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 vehicular entrances shall be set back from the property line such that they have a minimum eighteen (18) foot long driveway measured from the back of the sidewalk. 3 For dwellings located within new subdivisions (after the effective date of the ordinance codified in this chapter), containing five (5) or more lots, the total width of the two (2) side yards for any one (1) lot in an R1 or R2 district must equal twelve (12) feet. For structures in existence on the effective date of the ordinance codified in this chapter, a six (6) foot side yard setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit development, or preexisting, nonconforming use. 4 Seven thousand (7,000) sq. ft. for preexisting lots created prior to September 15, 1983; and six thousand (6,000) sq. ft. for one (1) single-family dwelling. 5 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. 7 For R3 and R4 lots proposed to be developed with one (1) single-family residence as the primary use, the height of the residential dwelling unit shall not exceed two (2) stories and thirty- five feet (35'). * Residential site and building requirements shall be established by the master plan or specific plan for the neighborhood district area in which the property is located. -21- ORDINANCE NO. 2019-08 ATTACHMENT "C" (c)(1) Commercial Use Table. Commercial Uses Adult Businesses' Animal Boarding Animal Grooming or Training Veterinary Hospital/Veterinary Office Antique Shop Appliance Repair Arcade Art Studio or Gallery Auction House Automotive Body Repair and Painting Automotive Parts Sales Automotive Repair Automotive Sales (Indoor or Outdoor) Automotive Sales, Temporary' Automotive Gasoline/Fueling Station Car Wash Tire Shop Bank Bakery/Coffee House Bars: On -Site Liquor/Alcohol Consumption (Except as Ancillary to a Restaurant Use) Bed and Breakfast Establishment Boat and Motorcycle Sales Bowling Alley Building Materials Sales and Storage Card Room Clothing Sales/Service Establishment Contractor's Yard Dance Venue, Small Dance Venue, Medium'L Dance Venue, Large'z Desktop Publishing/Copy Shop Feed Store Festival Grocery Store or Deli/Supermarket Gymnasium/Health Studio Home Occupation" Hotel, Motel Laboratory (Research and Testing) Landscape Nursery PO I Cl C33 HC C C.15 X X C C X X X X X X X X X X X X C C X X X C X X X X C4,9 Xy X X X X X C X X X X X X X X X C T T X X X X X X X X C X X X K/ C X X C X9 X r C T 0 CM C,15 X X X X X X X C X X X_� C X X X X X X9 X X X X C X X X X X X X X X X X X X -22- ORDINANCE NO.2019-08 Liquor/Alcohol Sales with Tasting (Wine and Beer X9 X9 X9 Only)9 Liquor/Alcohol Sales (Off -Site Consumption)9 C9 X9 X9 X9 Medical or Dental Office/Clinic X X X X Mortuary or Crematory X X Newspaper Printing Facility X Office X X X X Outdoor Amusement/Recreation14 C C C Parking Lot X X X Pawn Shop X X Personal Services" X X X Pool and Billiards Establishment and Indoor Recreation X X Printing/Sign Painting Establishment X X Restaurants' X X X X � Retail Sales Establishments X X C X Theater X X X Therapy Clinic (Licensed Provider) X X X X Tire Shop X X X Tow Yard C Light Industrial Uses Light Industrial Uses Permitted in M17 X Plumbing or Sheet Metal Shop X Pottery and Ceramics Manufacturing X Truck Stop C C Public and Semi -Public Uses Ambulance Service X X X X Religious Institution X X X C Community Center C X X Day Care Center C X X C Emergency Shelter16 C C C C X Hospital, Rest Home, Sanitarium X X Lodge, Club, or Fraternal Hall C C X X Public Facility X X X C X School (Private < 12 Students) X X X X School (Private > 12 Students) C C C C Residential Uses Boarding or Rooming House C Caretaker's QuartersZ C C C C C Residential Unit C V X' Temporary Uses Christmas Tree Lot T T T T Outdoor Booth/Sales" T T T T T X = Unconditionally permitted. T = Temporary use —See Article XLVII. -23- ORDINANCE NO. 2019-08 C = Permitted only with conditional use permit granted by planning commission. 1 Conditionally permitted in the C3 district except for C3 property that is part of a block which abuts First Street, and in accordance with the requirements set forth in Article XXVIII. 2 If a caretaker's residence is in a trailer or a mobile home, a conditional use permit is required and is valid for only one (1) year, with a maximum one (1) year extension. One (1) unit for caretaker's quarters is an unconditionally permitted use when in conjunction with hotels, motels, bed and breakfast establishments, ambulance services, churches or mini -storage facilities. 3 Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (shopping center commercial), shall meet the following findings prior to establishment: (a) The intent of the proposed business is to merchandise products and/or provide services to a clientele base which represents a regional draw; and (b) A regional draw shall mean a clientele base with at least seventy-five percent (75%) of the customers residing outside the city limits. 4 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food. 5 Residential units may be allowed in conjunction with an existing business. Stand-alone single-family residential use of a lot is not permitted. Residential units in the C3 zones may be allowed when located on the second or third floor of a building. More than one (1) residential unit may be allowed upon approval of a conditional use permit pursuant to section 30.50.30. 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; (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. 6 A conditional use permit may be granted to an auto -related sales business for up to four (4) temporary auto sale events on the same property within one (1) calendar year. 7 Uses allowed in the M1 zoning district subject to a conditional use permit are also subject to conditional use permit in the CM zoning district. 8 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the first floor (sidewalk level), a conditional use permit is required. 9 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city's chief of police. 10 Permitted only if the regulations of Article XL are met. -24- ORDINANCE NO. 2019-08 11 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. 12 Provided that all provisions set forth in Chapter 8 are satisfied. See also Article II "Definitions" for additional use specifications. 13 Outdoor booths and sales are permitted for thirty (30) days per calendar year, in compliance with the city's temporary use policy. 14 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are permitted without a conditional use permit. 15 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. 16 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 17 A drive -through window may be allowed for retail establishments/restaurant uses outside of the downtown. -25- ORDINANCE NO.2019-08 ATTACHMENT "D" (2) Downtown Commercial Use Table. Commercial Uses Animal Boarding Animal Grooming or Training Animal HospitalNeterinary Office Antique Shop Appliance Repair Arcade and Internet Access as Primary Use Art, Dance, Gymnastic and Music Studios or Galleries Auction House Automotive Body Repair and Painting Automotive Car Stereos and Alarm Systems Sales and Installation Automotive Car Wash Automotive Gasoline/Fueling Station Automotive Parts Sales Automotive Repair and Service Automotive Sales Automotive Sales, Temporary Automotive Tire Shop Bank Bakery/Coffee House Bakery, Commercial Bed and Breakfast Establishment Boat and Motorcycle Sales Bowling Alley Building Materials Sales and Storage Card Room Clothing Sales/Service Establishment Cottage Industry with Light Manufacturing and DHD DED CCA TD CD GD X11 X11 X11 C,19 X X I X X X X X X X X X X X X X X X X X X X X X4 X X C X17 X17 X17 X10 X10 X10 X9 I X ICIC X10 X X X X I X C 12 C 12 X IXI IXIXI X C X X X M M -26- ORDINANCE NO. 2019-08 DHD DED CCA TD CD GD Assembly Dance Venue, Small X X X Dance Venue, Medium15 X X X Dance Venue, Large X16 X16 X16 Desktop Publishing/Copy Shop X4 X X Festival T T T Grocery Store or Deli (Not Supermarket) X X X Gymnasium/Health Studio X X X Home Occupation X X X Hotel, Motel X X Laboratory (Research and Testing) X4 C Landscape Nursery Liquor/Alcohol Sales/Bars (On -Site Consumption C1 of Beer, Wine, or Liquor, not including Micro - Brewery and Wine Tasting Provisions below)5 Liquor/Alcohol Sales (Off -Site Consumption)5 C Medical or Dental Office/Clinic X4 Micro -Breweries and Wine Tasting21 D Museums X Mortuary or Crematory Newspaper Printing Facility Office X4,2: Outdoor Amusement/Recreation18 Parking Lot (Automobile Parking) I X Pawn Shop Personal Services? Xx Pool/Billiards Establishment and Indoor X Recreation C1 I X X C C1 C1 C C X X D X X X C X X X X X X X X X8 X X X Printing/Sign Painting Establishment X X Restaurant X X X X Restaurant with Drive Through X Retail Sales 10,000 sq. ft. or Less I X I X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. I I X C X -27- ORDINANCE NO. 2019-08 Retail Sales 50,001 sq. ft. or More Supermarket Theater Therapy Clinic (Licensed Provider) Tow Yard (No Dismantling or Parts Sales) Public and Semi -Public Uses Ambulance Service Community Center Adult or Child Day Care Center Emergency Shelterzo Hospital, Rest Home, Sanitarium Lodge, Club, or Fraternal Hall Public Facility Religious Institution School (Private < 12 Students) School (Private > 12 Students) Residential Uses Boarding or Rooming House Caretaker's Quarters Residential UnitS2 Temporary Uses Bazaar Christmas Tree Lot Outdoor Booth/Sales DHD DED CCA TD CD GD X X X X X X X X X X4 X X X X C X10 X X X4 X X X X X C X X X X C C C C C C C X X4 C X C X X X X X X X X4 X X X X X4 X X X X X C C C C C C C C C X X X X X C X4 X4 X14 X X X T T T T T T T T T T 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/alcohol is served as a clearly ancillary use. -28- ORDINANCE NO.2019-08 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. (f) Development of new stand-alone single-family residential use on a lot within the downtown commercial districts is not allowed. However, an existing legally permitted historic single-family residence shall be deemed a conforming land use. 3 A conditional use permit may be 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. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall not front on the street. 5 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city's chief of police. 6 Permitted only if the regulations of Article XL, Home Occupation, 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 primarypersonal 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. -29- ORDINANCE NO.2019-08 14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. is Only allowed ancillary to a primary use (see Article II Definitions). 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 1 st St. and 1 Oth 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 1 st St. and 1 Oth 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 salesibars (on -site consumption of beer, wine, or liquor, except uses meeting micro -brewery and wine tasting provision) category in the use table. 22 Within the downtown historic district (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until September 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the downtown specific plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. -30- ORDINANCE NO. 2019-08 ATTACHMENT "E" (c)(1) Commercial Site and Building Requirement Table. Commercial District Requirements PO C1 C3 HC CM LOT REQUIREMENTS Lot Size in Square Feet (min.) (Lots Created Prior to 8,000 none none none none September 2005) Lot Size in Square Feet (min.) (Lots Created After 8,880 none none none none September 2005) LOT COVERAGE Commercial District Requirements PO C1 C3 HC CM YARD REQUIREMENTS (Minimum Setbacks in Feet) Front (Measured from the Face of Curb) 31 31 41 31 26 Side (Adjacent to Street) (Measured from the Face of 21 21 31 31 26 Curb) Side (All Other Side Yards) 6 * * 0 Rear ** ** 0 ** ** HEIGHT REQUIREMENTS (Maximum) Building Height in Feet' 35 35 55 55 35 Number of Stories 2 2 4 4 2 ADDITIONAL REGULATIONS Off -Street Parking, Article XXXI Yes Yes Yes Yes Yes Fences, Article XXXIV Yes Yes Yes Yes Yes Signs, Article XXXVII Yes Yes Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Industrial Design Guidelines n/a n/a n/a n/a Yes Leavesley Road Policy n/a n/a Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes Tenth Street Policy n/a n/a Yes n/a Yes * Within existing setbacks. -31- ORDINANCE NO.2019-08 * * Setback from a rear or side property line shall match the setback required along the same property line for the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning district.) 1 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit. -32- ORDINANCE NO. 2019-08 ATTACHMENT "F" (2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts). Commercial District Requirements DHD DED CCA TD CD GD LOT REQUIREMENTS Lot Size in Square Feet none none none none none none (Minimum) LOT COVERAGE (Use FAR or Density, Not Both) Floor Area Ratio (FAR) 2.5 2.5 1.55 2.05 0.755 Monterey St. to Church St. (FAR) 1.5 Church St. to Dowdy St. (FAR) 1.0 DENSITY (Use FAR or Density, Not 20 du/ac 20 du/ac n/ax 20 du/ac 20-40 30 Both) 5 (min) (min) (max) du/ac du/ac (min/max) (max) YARD REQUIREMENTS (Setbacks in Feet Measured from Property Line) Minimum/Maximum Min/Max Min/Max Min/Max Min/Max Min/M ax Front 0115 0115 0/none 0115 15/none Side (Adjacent to Street) 0/10, 0/10, 0/nonel 10/none1 15/none Side (All Other Side Yards) 0/none2 0/none2 0/none2 0/10 15/none Rear 03/none 03/none 0/none 0/none 10/none Special Circumstances Minimum/Maximum Min/Max Eigleberry Street to Church Street Front 0/10 Side (Adjacent to Street) 10/none Side (All Other Side Yards) 0/10 Rear 10/none Church Street to Dowdy Street Front 20/none Side (Adjacent to Street) 10/none Side (All Other Side Yards) 10/none Rear 10/none East of Eigleberry Street Min/Max -33- ORDINANCE NO. 2019-08 Front 0115 Side (Adjacent to Street) 10/none' Side (All Other Side Yards) 0/none2 Rear 015 West of Eigleberry Street Front 154/none Side (Adjacent to Street) 10/none Side (All Other Side Yards) 5/none Rear 10/none Commercial District Requirements DHD DED CCA TD CD GD HEIGHT REQUIREMENTS (Maximum) Building Height in Feet6 50 50 50 40 50 40 Fronting Railroad Street 35 Number of Stories? 4 4 4 3 4 3 BUILDING FORM Street Front Building Height (Minimum Feet) 25 25 25 None 25 None min min min min Third and Fourth Floor Setback Required Yes Yes Yes No No No Facades Greater than 40 Feet in Length Shall Yes Yes No No No No Replicate Traditional 20 to 40 Feet Store Fronts RAILROAD CORRIDOR STANDARD (See Railroad Corridor Standards, Article XIV) Yes Yes No No Yes Yes ADDITIONAL REGULATIONS Off -Street Parking, Article XXXI Yes Yes Yes Yes Yes Yes Fences, Article XXXIV Yes Yes Yes Yes Yes Yes Signs, Article XXXVII Yes Yes Yes Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes n/a Tenth Street Policy n/a Yes n/a Yes n/a n/a 1 To be reviewed for vehicular sight distance. -34- ORDINANCE NO. 2019-08 2 To be reviewed by staff to ensure compliance with urban design principles. 3 Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is fifty-one (51) feet to accommodate drive access and parking. 4 Ten (10) foot setback to property line allowed with a porch. 5 Use floor area ratio to determine project size for commercial and mixed -use development, and use residential density to determine project size for stand-alone residential development. Residential use is only allowed as part of a mixed use development within the DHD, DED and CCA districts. Stand-alone (multi -family) residential development is only allowed within the cannery district (CD), gateway district (GD) and transitional district (TD). See Article XIV for additional specifications. 6 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit. 7 New buildings should be no more than two (2) stories higher or lower than neighboring buildings. If higher or lower buildings are desired, the massing should be stepped so as to create a smooth transition. 8 No min/max density. See Downtown Specific Plan for additional specifications. Residential apartments, townhomes, live/work units above/behind ground floor only allowed between Eigleberry Street and Church Street. -35- ORDINANCE NO. 2019-08 ATTACHMENT "G" (c) Industrial Use Table. CI M1 M2 Commercial Uses Ancillary Retail4 C C C Animal Hospital/Boarding (aka, Kennel, indoor or outdoor) C X Amusement or Recreation Facility C C Automotive Repair or Body Shop X X Building Materials Sales and Storage Establishments X X Cafeteria (for Employees Only) X X X Dry Cleaning and Laundry Facilities (Bulk) X X Office (Corporate) X X XS Printing Shops X X X Professional Offices X X Restaurant X C C Trailer, Commercial Truck, and Industrial Equipment Lease or Sales X X Veterinarian Office X Industrial Uses Assembly Plant —Electronics X X X Assembly Plant —Light (Scientific/Medical) X X X Assembly Plant —Heavy (Vehicles/Vessels/Equipment) X Cabinet Shop X X Chemical Supply Establishment X Concrete Batch Plant C Contractor's Yard X X Crematorium X X Data Processing Establishment X X X Distribution Facility C C Feed Yard C X Food Processing Plant C X Hazardous Waste Transport, Recycling, Processing, or Storage C Facility2,3 Laboratory X X -36- ORDINANCE NO. 2019-08 CI M1 M2 Lumber Yard X X Machine Shop X X Manufacturing Plant —Electronic Components, Plastics, Ceramics C C X Manufacturing Plant —Heavy (Vehicles, Equipment, etc.) X Manufacturing Plant —Light (Scientific/Medical) X X X Mini -Storage and Locker Storage C C Music Studio X X X Rental Facilities X X Research and Development Facility X X X Sheet Metal Fabrication X Tow Yard C X Truck Service/Repair Station or Terminal C C Truck Storage or Parking Yard C X Truck Stop C C Warehouse Facility X X Waste Material Handling Facility/Recycling Facility C Welding Facility X X Wholesale Establishments X X Wrecking Yard or Dismantling Facility C Public and Semi -Public Uses Religious Institution C C Day Care Center X C Emergency Shelter C C C Hospital X C C Medical or Dental Office/Clinic X C Public Utility Service X X Schools (Colleges, Vocational, Trade Schools) X X C Temporary Uses Caretaker's Residence' C C Christmas Tree Lot T T Festival T T T Outdoor Booth/Sales T T T -37- ORDINANCE NO. 2019-08 X = Unconditionally permitted. C = Permitted only with conditional use permit granted by planning commission. T = Temporary use —See Article XLVIL 1 If a caretaker's residence is in a trailer, recreational vehicle, or a mobile home, it will be permitted for only one (1) year, with a maximum one (1) year extension. 2 Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City of Gilroy water well. 3 All hazardous waste transport, recycling, processing and storage facilities must comply with the County of Santa Clara's hazardous waste management plan. 14 Ancillary retail sales uses include the sales, recital, display, storage, repair and servicing of commodities as part of an existing industrial business. Ancillary retail uses that do not exceed ten percent (10%) of the gross enclosed floor area for buildings that are ten thousand (10,000) square feet or less, or ancillary retail uses that do not exceed five percent (5%) of the gross enclosed floor area for buildings that are larger than ten thousand (10,000) square feet may be approved by the planning division manager, subject to the definition of "ancillary uses." Ancillary retail sales uses which are not approvable by the planning division manager will require approval of a conditional use permit. Conditional use permit findings on "ancillary retail" sales uses are subject to the following criteria: (a) The floor area used for retail display and sales occupies no more than twenty-five percent (25%) of the gross floor area of the building. (b) The area used for retail display and sales is separated from the remainder of the building area by a partition. (c) All retail display and sales uses are conducted within a completely enclosed building. (d) The retail use complies with all parking requirements of Article XXXI. Such uses do not increase the amount of parking or traffic beyond that generally associated with the primary industrial use. (e) The retail use (including any signage, displays and advertising) is in keeping with the industrial character of the district. 5 Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed industrial use for the district. 6 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 7 A drive -through window may be allowed for retail establishments/restaurant uses outside of the downtown. -38- ORDINANCE NO.2019-08 ATTACHMENT "H" (c) Industrial Site and Building Requirement Table. Industrial District Requirements Cl Mil M2 LOT REQUIREMENTS Building Coverage (Maximum) 50% 60% 60% YARD REQUIREMENTS (Minimum Setbacks in Feet) Front (Measured from the Face of Curb) 41 41 26 Side 20 None None Side (Adjacent to Street — Measured from the Face of Curb) 31 31 31 Rear 20 None None HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 35 75 Number of Stories 2 2 6 ADDITIONAL REGULATIONS Off -Street Parking, Article XXXI Yes Yes Yes Fences and Obstructions, Article XXXIV Yes Yes Yes Signing, Article XXXVII Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Industrial Condominium Policy Yes Yes Yes Industrial Design Guidelines Yes Yes Yes Leavesley Road Policy Yes Yes n/a Tenth Street Policy Yes Yes Yes 1 All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray - Las Animas Avenue overlay combining district. Properties in this district are subject to the requirements of section 30.20.40 and to the "Murray -Las Animas Avenue overlay combining district design policy." -39- ORDINANCE NO. 2019-08 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached emergency Ordinance No. 2019-08 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 special meeting of said Council held on the 7d' day of October, 2019, 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 8 h Orof October, 2019. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)