Resolution No. 2023-08 | Amendment to the Gilroy City Code, Chapter 30, Section 30.41.32 | Adopted 04/20/2023 RESOLUTION NO. 2023-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING THE CITY COUNCIL APPROVE
AMENDMENTS TO THE GILROY CITY CODE, CHAPTER 30 (ZONING),
ARTICLE XLI SECTION 30.41.32 (SPECIFIC PROVISIONS—
EMERGENCY SHELTERS), ARTICLE II SECTION 30.2.20 (DEFINITIONS),
AND ARTICLE XI SECTION 30.11.10(C) (RESIDENTIAL USE TABLE)
REGARDING EMERGENY SHELTERS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XLI Section
30.41.32 (Specific provisions—Emergency shelters), Article II. 30.2.20 (Definitions), and Article XI
Section 30.11.10(c) (Residential use table) currently regulate emergency shelters within the city; and
WHEREAS, State Planning and Zoning Law requires the City of Gilroy to adopt a
comprehensive, long-term general plan for the physical development of the city that includes a
housing element; and
WHEREAS, State law requires that the housing element identify adequate sites for housing,
including emergency shelters; and
WHEREAS, Assembly Bill No. 2339, CHAPTER 654 was approved by the Governor and
filed with the Secretary of State on September 28, 2022, and amended Sections 65583 and 65863 of
the Government Code; and
WHEREAS, Assembly Bill No. 2339 revises the requirements of the housing element, in
connection with zoning designations that allow residential use, including mixed use, where
emergency shelters are allowed as a permitted use without a conditional use or other discretionary
permit; and
WHEREAS, Assembly Bill No. 2339 requires that emergency shelters only be subject to
specified written, objective standards; and
WHEREAS, Assembly Bill No. 2339 specifies that the definition of emergency shelter shall
include other interim intervention, including, but not limited to, navigation centers, bridge housing,
and respite or recuperative care; and
WHEREAS, Assembly Bill No. 2339 requires an amendment to Gilroy City Code Chapter
30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II
Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table); and
WHEREAS, the adoption of the Zoning Ordinance text amendment is exempt from review
under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section
15061(b)(3) in that it can be seen with certainty that the Zoning Ordinance text amendment would
not result in a significant environmental effect, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies; and
WHEREAS, on April 20, 2023 the Planning Commission held a duly noticed public meeting,
at which time the Planning Commission received and considered the zoning ordinance text
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amendment, took and considered written and oral public testimony including the staff report, and all
other documents related to the proposed Zoning Amendment (Z 23-03); and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed Zoning Ordinance text amendment is necessary to carry out the general purpose of the
Zoning Ordinance and to ensure that emergency shelters are operated in a manner that
appropriately addresses the needs of homeless individuals and families, consistent with the
requirements of Government Code Section 65583; and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed Zoning Ordinance text amendment is necessary to carry out applicable General Plan
goals and policies including Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety
of housing types that offer choices for Gilroy residents and create complete, livable
neighborhoods; Gilroy 2015-2023 Housing Element Goal H-1 (Housing Production) to provide
adequate residential sites to accommodate projected housing needs and encourage the production
of a variety of housing types; and Gilroy 2015-2023 Housing Element Goal H-2 (Affordable
Housing) to encourage and support the provision of affordable housing in Gilroy; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of application Z 23-03 for a Zoning
Amendment amending Gilroy City Code Chapter 30 (Zoning), Article XLI Section
30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and
Article XI Section 30.11.10(c) (Residential use table).
PASSED AND ADOPTED this 20th day of April, 2023 by the following roll call vote:
AYES: Commissioner Elle, Leongardt, Lewis, Montez, Ramirez,
Vice Chair Kushner, Chair Bhandal
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________ __________________________________
Sharon Goei, Manny Bhandal,
Community Development Director Chairperson
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Exhibit A
ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING),
ARTICLE XLI SECTION 30.41.32 (SPECIFIC PROVISIONS—
EMERGENCY SHELTERS), ARTICLE II SECTION 30.2.20 (DEFINITIONS),
AND ARTICLE XI SECTION 30.11.10(C) (RESIDENTIAL USE TABLE)
REGARDING EMERGENCY SHELTERS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XLI Section
30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and
Article XI Section 30.11.10(c) (Residential use table) currently regulate emergency shelters within
the city; and
WHEREAS, State Planning and Zoning Law requires the City of Gilroy to adopt a
comprehensive, long-term general plan for the physical development of the city that includes a
housing element; and
WHEREAS, State law requires that the housing element identify adequate sites for housing,
including emergency shelters; and
WHEREAS, Assembly Bill No. 2339, CHAPTER 654 was approved by the Governor and
filed with the Secretary of State on September 28, 2022, and amended Sections 65583 and 65863 of
the Government Code; and
WHEREAS, Assembly Bill No. 2339 revises the requirements of the housing element, in
connection with zoning designations that allow residential use, including mixed use, where
emergency shelters are allowed as a permitted use without a conditional use or other discretionary
permit; and
WHEREAS, Assembly Bill No. 2339 requires that emergency shelters only be subject to
specified written, objective standards; and
WHEREAS, Assembly Bill No. 2339 specifies that the definition of emergency shelter shall
include other interim intervention, including, but not limited to, navigation centers, bridge housing,
and respite or recuperative care; and
WHEREAS, Assembly Bill No. 2339 requires an amendment to Gilroy City Code Chapter
30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II
Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table); and
WHEREAS, the adoption of the Gilroy 2023-2031 Housing Element is exempt from review
under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section
15061(b)(3) in that it can be seen with certainty that the Gilroy 2023-2031 Housing Element would
not result in a significant environmental effect, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies; and
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WHEREAS, on April 20, 2023 the Planning Commission held a duly noticed public meeting,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the proposed Zoning
Amendment (Z 23-03); and
WHEREAS, on April 20, 2023 the Planning Commission recommended the City Council
approve Zoning Amendment X 23-03 amending Gilroy City Code Chapter 30 (Zoning), Article XLI
Section 30.41.32 (Specific provisions—Emergency shelters), Article II Section
30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table) regarding
emergency shelters; and
WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, at which
time the City Council received and considered Zoning Amendment file number Z 23-03, took and
considered written and oral public testimony, the staff report, and all other documentation related to
application Z 23-03; and
WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII
(Amendment to the Zoning Ordinance), the Planning Commission has recommended, and the City
Council finds, that the proposed Zoning Ordinance text amendment is necessary to carry out the
general purpose of the Zoning Ordinance, and applicable General Plan goals and policies including
Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of housing types that offer
choices for Gilroy residents and create complete, livable neighborhoods; Gilroy 2015-2023 Housing
Element Goal H-1 (Housing Production) to provide adequate residential sites to accommodate
projected housing needs and encourage the production of a variety of housing types; and Gilroy
2015-2023 Housing Element Goal H-2 (Affordable Housing) to encourage and support the provision
of affordable housing in Gilroy; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
Gilroy City Code, Chapter 30 (Zoning), Article XLI, Section 30.41.32 is hereby modified
as follows:
30.41.32 Specific provisions—Emergency shelters.
In addition to the development standards in the underlying zoning district, the following
standards apply to emergency shelters. In the event of conflict between these standards and the
underlying zoning district regulations, the provisions of this section shall apply.
(a) On-Site Management and Security Plan. The emergency shelter shall provide on-site
management and security during all hours that the emergency shelter is in operation. A
management plan is required for all emergency shelters to address management experience, good
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neighbor issues, transportation, client supervision, screening of clients to ensure compatibility
with the services provided at the facility, food services, security, and training, counseling and
treatment programs for clients. Such plan shall be submitted to and approved by the planning
manager and police chief prior to operation of the emergency shelter. The plan shall include a
floor plan that demonstrates compliance with the physical standards of this section. The operator
of each emergency shelter shall annually submit the management plan with updated information
for review and approval.
(b) Maximum Number of Beds. The maximum number of beds permitted to be served nightly
by the facility emergency shelter shall not be limited. However, the number of beds within any
single room in a of the emergency shelter shall not exceed fifty (50) unless a larger number is
approved on a temporary basis in advance by the planning manager community development
director and police chief. A floor plan that includes the maximum number of beds proposed
for the emergency shelter shall be included in the application for a building permit.
(c) Exterior and Interior Onsite Waiting and Client Intake Area. An indoor intake area shall be
provided and be of sufficient size to accommodate the maximum number of clients anticipated to
request sheltering at any given time in addition to providing the minimum interior floor area
required to comply with the maximum occupant load requirements of the California
Building Code. In addition, an exterior area shall be provided for clients waiting for
the shelter to open. The waiting area shall be of sufficient size to accommodate the maximum
number of clients anticipated to be waiting for the shelter to open at any given time. Theis
exterior waiting area shall be physically separated and visually screened from the public right-
of-way. The method for determining the maximum number of clients requesting sheltering and
the number of clients and waiting for the shelter to open shall be included in the
shelter management plan and approved by the planning manager and police chief. A site plan
and floor plan that includes the size and location of the exterior and interior onsite waiting
and intake areas shall be included in the application for a building permit.
(d) Parking. One (1) parking stall shall be provided per employee and volunteer on the shift with
the greatest number of employees and volunteers, provided that the total number of parking
stalls does not exceed the minimum parking that would be required for other residential or
commercial uses within the same zone. In addition, one (1) parking stall shall be provided for
every ten (10) beds in the shelter.
(e) Lighting. Parking lots and pedestrian walkways of shelters that are open after dusk shall
provide lighting of a minimum horizontal illumination of two (2) foot candles for those areas.
(f) Length of Stay. The maximum length of stay shall be limited to one hundred eighty
(180) days per calendar year or less [Health and Safety Code Section 50801(e)].
(g) Proximity to Other Emergency Shelters. The minimum distance between emergency
shelters shall be 300 feet.
(h) Location. Emergency Shelters shall be permitted by right in the R4 zone district and
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areas designated Mixed Use (MU) on the Gilroy 2040 General Plan land use diagram.
SECTION II
Gilroy City Code, Chapter 30 (Zoning), Article II, Section 30.2.20 is hereby modified as
follows:
30.2.20 (Definitions)
“Emergency shelter” means housing with minimal supportive services for homeless persons that
is limited to occupancy of one hundred eighty (180) days per calendar year or less by a homeless
person. No individual or household may be denied emergency shelter because of an inability to
pay. [Health and Safety Code Section 50801(e)] The definition of emergency shelter includes
other interim interventions, including, but not limited to, a navigation center, emergency
bridge housing, and respite or recuperative care.
“Emergency bridge housing” means any new or existing facilities, including, but not
limited to, housing in temporary structures, including, but not limited to, emergency
sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that
are reserved for homeless persons and families, together with community support facilities,
including, but not limited to, showers and bathrooms adequate to serve the anticipated
number of residents all of which may be located on property leased or owned by a political
subdivision. An emergency bridge housing community shall include supportive and self-
sufficiency development services, have the ultimate goal of moving homeless persons to
permanent housing as quickly as reasonably possible, and limit rents and service fees to an
ability-to-pay formula reasonably consistent with the United States Department of Housing
and Urban Development’s requirements for subsidized housing for low-income persons.
“Navigation center” means Housing First, low-barrier, service-enriched shelter focused on
moving homeless individuals and families into permanent housing that provides temporary
living facilities while case managers connect individuals experiencing homelessness to
income, public benefits, health services, shelter, and housing.
SECTION III
Gilroy City Code, Chapter 30 (Zoning), Article XI, Section 32.11.10(c). is hereby
modified as follows:
30.11.10(c) (Residential use table)
A1 RR R1 R2 R3 R4 RH ND
Community Garden X X X X X X *
Emergency Shelter7 C C C C C C X C *
Golf Course or County Club C C C C C C *
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* = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is
located.
7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. Emergency
Shelters shall be permitted by right in the R4 zone district and areas designated Mixed Use (MU) on the
Gilroy 2040 General Plan land use diagram. 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 IV
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 V
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 __ day of ___, 2023 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Pham, City Clerk
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