Resolution No. 2020-07 | Gilroy City Code Chapter 30 Amendments to Repeal and Replace Article LIV | Adopted 05/21/2020RESOLUTION NO. 2020-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO
THE GILROY CITY CODE, CHAPTER 30, REPEALING AND REPLACING
ARTICLE LIV. ACCESSORY DWELLING UNITS IN ITS ENTIRETY AND
ADOPTING NEW STANDARDS IN COMPLIANCE WITH STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and
comply with state law, specifically Government Code Sections 65852.2 and 65852.22,
which became effective on January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14,
2020, in accordance with the City of Gilroy Zoning Ordinance (Article LII), at which time the
Planning Commission received and considered the Zoning Code amendments, considered
the staff report and written and oral public testimony related to Zoning Text Amendment file
number Z 20-01, and thereafter recommended that the City Council approve said
amendments; and
WHEREAS, the City has determined that review and approval of the provisions
contained in the Zoning Amendment file number Z 20-01 is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to Section
15282(h) of the CEQA guidelines, which provides that CEQA does not apply to adoption of
an Accessory Dwelling Unit ordinance proposed to implement the provisions of Section's
65852.2 and 65852.22 of the State of California Government Code, as set forth in Section
21080.17 of the Public Resources Code. In addition, the action being considered does not
constitute a "project" within the meaning of CEQA pursuant to the provisions of 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 common sense exemption 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 finds that the proposed Zoning Ordinance Amendment
implements the applicable general plan, in particular the underlying residential and mixed
use land use designations and the Housing Element, and conforms to state law given that
construction of accessory dwelling units and junior accessory dwelling units is a permitted
land use type that is mandated pursuant to State Government Code Section's 65852.2 and
65852.22.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council the approval of Zoning Amendments Z 20-01
as identified in Exhibit A to this Resolution.
Resolution No. 2020-07
Page 3
Exhibit A
ORDINANCE NO. 2020-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30, REPEALING AND
REPLACING ARTICLE LIV. ACCESSORY DWELLING UNITS IN ITS
ENTIRETY AND ADOPTING NEW STANDARDS IN COMPLIANCE WITH
STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and
comply with state law, specifically Government Code Sections 65852.2 and 65852.22,
which became effective on January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14,
2020, in accordance with the City of Gilroy Zoning Ordinance Article LII, at which time the
Planning Commission received and considered the Zoning Code amendments and staff
report pertaining to Zoning Amendment file Z 20-01, took and considered the written and
oral public testimony related to Zoning Amendment Z 20-01 and thereafter recommended
that the City Council approve said amendments; and
WHEREAS, the City Council held a duly noticed public hearing on June 15, 2020, at
which time the City Council received and considered Zoning Amendment file number Z 20-
01, took and considered written and oral public testimony, the staff report, and all other
documentation related to application Z 20-01; and
WHEREAS, the City has determined that the review and approval of the provisions
contained in the Zoning Amendment file number Z 20-01 is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to Section
15282(h) of the CEQA guidelines, which provides that CEQA does not apply to adoption of
an Accessory Dwelling Unit ordinance proposed to implement the provisions of Section's
65852.2 and 65852.22 of the Government Code, as set forth in Section 21080.17 of the
Public Resources Code. In addition, the action being considered does not constitute a
"project" within the meaning of CEQA pursuant to the provisions of 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 common sense exemption 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 Amendment implements the general plan, specifically its
Ord Z 20-01
Resolution No. 2020-07
Page 4
residential and mixed use land use designations and Housing Element, and is in
conformance with state law, given that the Ordinance provides for construction of accessory
dwelling units and junior accessory dwelling units within the City as required by state law
(Government Code Sections 65852.2 and 65852.22); and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which Z 20-01 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 LIV. Accessory Dwelling Units,
inclusive of Sections 30.54.10 through 30.54.40, are hereby repealed in their entirety
and replaced with the new standards which shall read as follows:
Section 30.54.10 Purpose and Intent.
The intent of this article is to provide for accessory dwelling units and junior second dwelling
units on lots zoned to allow single-family, duplex and multifamily dwelling residential use
and that include a proposed or existing primary residential 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 General Requirements.
Notwithstanding any local ordinance regulating the issuance of variances or special use
permits, or any regulations adopted herein to the contrary, an application for a building
permit to construct an accessory dwelling unit, or junior accessory dwelling unit, or efficiency
unit ("accessory dwelling") shall be approved or denied ministerially without discretionary
review or hearing within sixty (60) days from the date the city receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. The
following requirements apply to all accessory dwellings:
(a) An accessory dwelling shall not be rented for periods less than thirty (30) days. Short
term rentals are prohibited.
(b) An accessory dwelling shall not be sold separately from the primary residential
structure.
(c) Prior to the issuance of a building permit for an accessory dwelling unit and/or a junior
Ord Z 20-01
Resolution No. 2020-07
Page 5
accessory dwelling unit the owner must record a deed restriction stating that dwelling units
on the property may not be rented for periods less than thirty (30) days and that the
accessory dwelling(s) may not be transferred or sold separate from the primary residential
structure. In addition, the deed restriction for a junior accessory dwelling unit shall include
an owner -occupancy requirement in compliance with this article. However, no owner -
occupancy requirement shall be imposed on an accessory dwelling unit permitted January
1, 2020 to January 1, 2025.
(d) The installation of fire sprinklers shall not be required for an accessory dwelling if
sprinklers are not otherwise required for the primary residence.
(e) Accessory dwellings are subject to the design standards and other zoning
requirements of the zoning district in which the existing primary 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.
(f) An accessory dwelling is not subject to residential accessory structure regulations.
(g) An accessory dwelling 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, except as otherwise provided herein.
(h) Any connection fees and capacity charges that may be required must be assessed in
compliance with the provisions of State Government Code Section 65852.2 and 65852.22.
(i) The accessory dwelling must contain water, sewer and gas and/or electric utility
connections that are in working condition upon its occupancy. The accessory dwelling may
be serviced by the primary residence or may have separate utility meters. The accessory
dwelling will not be considered a new residential use for the purpose of calculating
connection fees or capacity charges for these utilities.
0) An accessory dwelling unit must have an independent electrical sub -panel, water
heating and space heating equipment within the unit or be readily accessible to the
occupant on the exterior of the unit.
(k) Ministerial approval of a permit for creation of an accessory dwelling shall not be
conditioned on the correction of pre-existing nonconforming zoning conditions.
(1) A certificate of occupancy for any accessory dwelling shall not be issued before the
local agency issues a certificate of occupancy for the primary dwelling.
(m) If the applicant requests a delay in processing the 60-day time period shall be tolled for
the period of the delay.
Ord Z 20-01
Resolution No. 2020-07
Page 6
30.54.30 Single -Family Residential Accessory Dwelling Unit Standards
Notwithstanding any other provisions of this Article, or of this chapterto the contrary, one (1)
residential accessory dwelling unit shall be a permitted as a single family residential use that
complies with the following:
(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any
zoning district that permits single-family residential development and which contains an
existing or proposed primary single-family residential use.
(b) Number. Only one (1) detached accessory dwelling unit may be permitted on a parcel
that contains not more than one existing or proposed single-family residence.
(c) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or
detached from, the proposed or existing primary dwelling, provided that:
(1) A single-family residential accessory dwelling unit contained within or attached to
an existing primary dwelling unit shall have independent exterior access from the existing
residence; and
(2) A detached accessory dwelling unit must be located at least five (5) feet from the
proposed primary residential structure, unless the detached accessory dwelling unit
structure is proposed to conform to the main structure setbacks.
(d) Size.
(1) A detached accessory dwelling unit shall not exceed a maximum size of one
thousand (1,000) square feet in floor area.
(2) An attached accessory dwelling unit, including internal conversions of existing
primary living space, shall be permitted not exceed fifty (50) percent of the existing primary
dwelling gross floor area, garage area excluded. Notwithstanding this requirement, an eight
hundred (800) square foot accessory dwelling unit shall be allowed.
(e) Height.
(1) The maximum height for a detached accessory dwelling unit shall be one-story
and sixteen (16) feet.
(2) The maximum height for a structure composed of a detached garage and an
accessory dwelling unit that is proposed to be constructed above a detached garage shall
be twenty-four (24) feet.
(3) Attached accessory dwelling units shall be subject to the same height limits
established for the primary residential structure.
Ord Z 20-01
Resolution No. 2020-07
Page 7
(f) Setbacks. An accessory dwelling unit is subject to the design criteria and zoning
requirements of the district in which the existing single-family dwelling is located and as
follows:
(1) An accessory dwelling unit must not encroach upon the required front yard area.
(2) A setback of four (4) feet from the side and rear lot lines shall be required for a
newly constructed (i.e., new construction), detached accessory dwelling unit, that is not
constructed in the same location and to the same dimensions as an existing structure.
(3) Notwithstanding the setback limitation provided above, a newly constructed
attached accessory dwelling unit, or a newly constructed detached unit that is located closer
than five (5) feet to the existing residence, shall be subject to the same setback
requirements applicable to the primary structure as specified by the zoning district in which
the parcel is located.
(4) No additional zoning setback is required for conversion of an existing permitted
accessory structure, living area, or garage space, or conversion of a structure that is
constructed in the same location and to the same dimensions as the existing structure.
(g) An accessory dwelling unit must be built in accordance with the building code set forth in
Chapter 6, except that any design, zoning, and building standards inconsistent with state
requirements under California Government Code Section 65852.2 shall not apply.
(h) Parking. One (1) additional parking space shall be required for a newly constructed
(i.e., new construction) accessory dwelling unit, which may be located within the front
setback, in tandem and in an existing driveway that provides at least 18 feet of clearance
from the back of sidewalk. 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 created as a result of the conversion of existing
area of the single-family residence or existing permitted single-family residential accessory
structure.
(2) An existing single-family residential garage, carport or parking structure is
converted or demolished to accommodate an accessory dwelling unit in the same location.
(3) The accessory dwelling unit is within one-half (112) mile walking distance of a
public transit station, such as a bus stop or train station.
(4) The property is within an architecturally and historically significant historic
district.
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Resolution No. 2020-07
Page 8
(5) On -street parking permits are required in the area but not offered to the
occupant of the residential accessory dwelling unit.
(6) A car share vehicle share is located within one (1) block of the accessory
dwelling unit.
(i) Design Standards. Architectural review of an attached or detached 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 single-family residential accessory dwelling unit must be
compatible with the existing primary dwelling.
(2) 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.
(3) An accessory dwelling unit located within a historic site or neighborhood
combining district will be subject to ministerial review for compliance with the design review
criteria set forth in section 30.27.40 and must be consistent with the Secretary of Interior's
Standards for the Treatment of Historic Properties.
(4) Outside stairways serving a second story accessory dwelling unit shall not be
constructed on any building elevation facing a public street.
(5) No passageway will be required in conjunction with the construction of an
accessory dwelling unit.
0) Streamlined Accessory Dwelling Units. Notwithstanding the above restrictions of this
section 30.54.30, a building permit application shall be ministerially approved for an
attached or detached single-family accessory dwelling unit that is proposed on a lot with a
proposed or existing family dwelling if the accessory dwelling complies with all of the
following minimum standards:
(1) The front yard setback requirement is provided for new construction;
(2) A setback of at least four (4) feet is provided from side and rear lot lines;
(3) Eight hundred (800) square feet maximum floor area is proposed; and
(4) Sixteen (16) feet maximum height is proposed.
30.54.40 Junior accessory dwelling unit standards.
Notwithstanding any other provisions in this Article or of this chapter to the contrary, a junior
accessory dwelling unit shall be permitted within a single-family residential unit and comply
with the following:
Ord Z 20-01
Resolution No. 2020-07
Page 9
(a) Owner -occupancy of the property shall be required. The owner must reside in the
primary single-family residence, junior accessory dwelling unit or separate residential
accessory dwelling unit constructed on the property in compliance with this Article.
(b) One (1) junior accessory dwelling unit maybe permitted per residential lot zoned for a
single-family residential use, provided that the lot has not more than one (1) existing or
proposed single-family residence, and not more than one (1) attached or detached,
residential accessory dwelling unit if constructed in compliance with all applicable limitations
of section 30.54.30.
(c) The unit must be constructed within the existing walls of an existing or proposed single-
family dwelling.
(d) The square footage of the unit shall be at least the minimum size required for an
efficiency unit, up to a maximum size of five hundred (500) square feet in floor area.
(e) A separate entrance from the unit to the exterior of the residence shall be provided.
Internal connection may also be permitted.
(f) An efficiency kitchen must be provided in the unit which shall include all of the following:
(1) A cooking facility with appliances, which may be countertop appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
(g) The unit may include separate bathroom facilities or may share bathroom facilities
contained within the primary residence.
(h) No separate utility connection, connection fee or capacity charge, or parking space
shall be required for a junior accessory dwelling unit.
30.54.50 Multi -family and Duplex Residential accessory dwelling unit standards.
Notwithstanding any other provisions of this Article, or of this chapter to the contrary,
accessory dwelling units within duplex or multi -family zoned and developed properties shall
be permitted and comply with the following:
(a) Portions of the existing duplex or multifamily dwelling structure(s) that are not used as
livable space (including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages), may be converted for use as accessory dwelling units
provided that total number of units must not exceed twenty-five (25) percent of the existing
multi -family dwelling units or one (1) unit, whichever is greater.
(b) An owner may also construct up to a maximum of two detached accessory dwelling
units on a lot that has an existing permitted duplex or multifamily dwelling, subject to a
Ord Z 20-01
Resolution No. 2020-07
Page 10
height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
(c) Each unit shall be limited in accordance with the maximum size parameters provided in
Section 30.54.30(d).
30.54.60 Definitions.
As used in this section, the following terms mean:
"Accessory dwelling unit" means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more persons and is located
on a lot with a proposed or existing primary residence. It shall include permanent provisions
for living, sleeping, eating, cooking and food preparation area (which may include
countertop appliances), and sanitation on the same parcel as the single-family or multi-
family dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Attached accessory dwelling unit" means a residential dwelling unit that is created as a
result of internal conversion, addition, or combination thereof made to the primary
residential dwelling unit.
"Living area" means the interior habitable area of a dwelling unit, including basements and
attics, but does not include a garage or any accessory structure.
"Nonconforming zoning condition" means a physical improvement on a property that does
not conform to current zoning standards.
"Public transit" means a location, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms of transportation that
charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any
other location on a lot, lined up behind one another.
SECTION II
Gilroy City Code, Chapter 30, Zoning, Article II. Definitions Section 30.2.20
"Accessory dwelling unit" definition and the "Living area" definition are hereby repealed
and replaced with new definitions which shall read as follows:
" "Accessory dwelling unit" means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more persons and is located
on a lot with a proposed or existing primary residence. It shall include permanent provisions
Ord Z 20-01
Resolution No. 2020-07
Page 11
for living, sleeping, eating, cooking and food preparation area (which may include
countertop appliances), and sanitation on the same parcel as the single-family or multi-
family dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code."
And,
" "Living area" means the interior habitable area of a dwelling unit, including basements and
attics, but does not include a garage or any accessory structure. "
SECTION III
Gilroy City Code, Chapter 30, Zoning, Article XI. Residential Land Use Tables,
Section 30.11.10(c), sub -note 1, is hereby repealed and replaced to read as follows:
"' Accessory dwelling unit(s) and/or junior accessory dwelling units maybe allowed
subject to compliance with the regulations prescribed in Article LIV of this chapter. "
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 , 2020 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Ord Z 20-01
Resolution No. 2020-07
Page 12
APPROVED:
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
Ord Z 20-01
RESOLUTION NO.2020-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE GILROY
CITY CODE, CHAPTER 30, REPEALING AND REPLACING ARTICLE LIV.
ACCESSORY DWELLING UNITS IN ITS ENTIRETY AND ADOPTING NEW
STANDARDS IN COMPLIANCE WITH STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and comply with
state law, specifically Government Code Sections 65852.2 and 65852.22, which became effective on
January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2020, in
accordance with the City of Gilroy Zoning Ordinance (Article LII), at which time the Planning
Commission received and considered the Zoning Code amendments, considered the staff report and
written and oral public testimony related to Zoning Text Amendment file number Z 20-01, and
thereafter recommended that the City Council approve said amendments; and
WHEREAS, the City has determined that review and approval of the provisions contained in
the Zoning Amendment file number Z 20-01 is exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA
guidelines, which provides that CEQA does not apply to adoption of an Accessory Dwelling Unit
ordinance proposed to implement the provisions of Section's 65852.2 and 65852.22 of the State of
California Government Code, as set forth in Section 21080.17 of the Public Resources Code. In
addition, the action being considered does not constitute a "project" within the meaning of CEQA
pursuant to the provisions of 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 common sense exemption 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 finds that the proposed Zoning Ordinance Amendment implements the
applicable general plan, in particular the underlying residential and mixed use land use designations
and the Housing Element, and conforms to state law given that construction of accessory dwelling
units and junior accessory dwelling units is a permitted land use type that is mandated pursuant to
State Government Code Section's 65852.2 and 65852.22.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of Zoning Amendments Z 20-01 as identified in
Exhibit A to this Resolution.
Resolution No. 2020-07
Page 2
PASSED AND ADOPTED this 14°i day of May 2020 by the following roll call vote:
AYES: Doyle, Lerner, Kim, Morales -Medina, Fischer
NOES: Estorga
ABSTAIN: None
ABSENT: Fleming
ATTEST:
u e yrick, ecre
Exhibit A: Draft City Council Ordinance Amendnivm ivv. /_ w-vi
e PPTJ nvFr)-
Reso 20-07, File Ord Z 20-01
Resolution No. 2020-07
Page 3
Exhibit A
ORDINANCE NO.2020-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30, REPEALING AND
REPLACING ARTICLE LIV. ACCESSORY DWELLING UNITS IN ITS
ENTIRETY AND ADOPTING NEW STANDARDS IN COMPLIANCE WITH
STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and comply with
state law, specifically Government Code Sections 65852.2 and 65852.22, which became effective on
January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2020, in
accordance with the City of Gilroy Zoning Ordinance Article LII, at which time the Planning
Commission received and considered the Zoning Code amendments and staff report pertaining to
Zoning Amendment file Z 20-01, took and considered the written and oral public testimony related to
Zoning Amendment Z 20-01 and thereafter recommended that the City Council approve said
amendments; and
WHEREAS, the City Council held a duly noticed public hearing on June 15, 2020, at which
time the City Council received and considered Zoning Amendment file number Z 20-01, took and
considered written and oral public testimony, the staff report, and all other documentation related to
application Z 20-01; and
WHEREAS, the City has determined that the review and approval of the provisions contained
in the Zoning Amendment file number Z 20-01 is exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA
guidelines, which provides that CEQA does not apply to adoption of an Accessory Dwelling Unit
ordinance proposed to implement the provisions of Section's 65852.2 and 65852.22 of the
Government Code, as set forth in Section 21080.17 of the Public Resources Code. In addition, the
action being considered does not constitute a "project" within the meaning of CEQA pursuant to the
provisions of 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 common sense exemption 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 Amendment implements the general plan, specifically its residential and mixed use land
Reso 20-07, File Ord Z 20-01
Resolution No. 2020-07
Page 4
use designations and Housing Element, and is in conformance with state law, given that the
Ordinance provides for construction of accessory dwelling units and junior accessory dwelling units
within the City as required by state law (Government Code Sections 65852.2 and 65852.22); and
WHEREAS, the location and custodian of the documents or other materials that constitute the
record of proceedings upon which Z 20-01 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 LIV. Accessory Dwelling Units, inclusive
of Sections 30.54.10 through 30.54.40, are hereby repealed in their entirety and replaced with the
new standards which shall read as follows:
Section 30.54.10 Purpose and Intent.
The intent of this article is to provide for accessory dwelling units and junior second dwelling units on
lots zoned to allow single-family, duplex and multifamily dwelling residential use and that include a
proposed or existing primary residential 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 General Requirements.
Notwithstanding any local ordinance regulating the issuance of variances or special use permits, or
any regulations adopted herein to the contrary, an application for a building permit to construct an
accessory dwelling unit, or junior accessory dwelling unit, or efficiency unit ("accessory dwelling")
shall be approved or denied ministerially without discretionary review or hearing within sixty (60)
days from the date the city receives a completed application if there is an existing single-family or
multifamily dwelling on the lot. The following requirements apply to all accessory dwellings:
(a) An accessory dwelling shall not be rented for periods less than thirty (30) days. Short term rentals
are prohibited.
(b) An accessory dwelling shall not be sold separately from the primary residential structure
(c) Prior to the issuance of a building permit for an accessory dwelling unit and/or a junior accessory
dwelling unit the owner must record a deed restriction stating that dwelling units on the property may
not be rented for periods less than thirty (30) days and that the accessory dwelling(s) may not be
transferred or sold separate from the primary residential structure. In addition, the deed restriction for
a junior accessory dwelling unit shall include an owner -occupancy requirement in compliance with
Reso 20-07, File Ord Z 20-01
Resolution No. 2020-07
Page 5
this article. However, no owner -occupancy requirement shall be imposed on an accessory dwelling
unit permitted January 1, 2020 to January 1, 2025.
(d) The installation of fire sprinklers shall not be required for an accessory dwelling if sprinklers are
not otherwise required for the primary residence.
(e) Accessory dwellings are subject to the design standards and other zoning requirements of the
zoning district in which the existing primary 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.
(f) An accessory dwelling is not subject to residential accessory structure regulations.
(g) An accessory dwelling 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, except as
otherwise provided herein.
(h) Any connection fees and capacity charges that maybe required must be assessed in compliance
with the provisions of State Government Code Section 65852.2 and 65852.22.
(i) The accessory dwelling must contain water, sewer and gas and/or electric utility connections that
are in working condition upon its occupancy. The accessory dwelling may be serviced by the primary
residence or may have separate utility meters. The accessory dwelling will not be considered a new
residential use for the purpose of calculating connection fees or capacity charges for these utilities.
0) An accessory dwelling unit must have an independent electrical sub -panel, water heating and
space heating equipment within the unit or be readily accessible to the occupant on the exterior of the
unit.
(k) Ministerial approval of a permit for creation of an accessory dwelling shall not be conditioned on
the correction of pre-existing nonconforming zoning conditions.
(1) A certificate of occupancy for any accessory dwelling shall not be issued before the local agency
issues a certificate of occupancy for the primary dwelling.
(m) If the applicant requests a delay in processing the 60-day time period shall be tolled for the period
of the delay.
30.54.30 Single -Family Residential Accessory Dwelling Unit Standards
Notwithstanding any other provisions of this Article, or of this chapter to the contrary, one (1)
residential accessory dwelling unit shall be a permitted as a single family residential use that complies
with the following:
(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any zoning
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district that permits single-family residential development and which contains an existing or proposed
primary single-family residential use.
(b) Number. Only one (1) detached accessory dwelling unit may be permitted on a parcel that
contains not more than one existing or proposed single-family residence.
(c) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or
detached from, the proposed or existing primary dwelling, provided that:
(1) A single-family residential accessory dwelling unit contained within or attached to an
existing primary dwelling unit shall have independent exterior access from the existing residence; and
(2) A detached accessory dwelling unit must be located at least five (5) feet from the proposed
primary residential structure, unless the detached accessory dwelling unit structure is proposed to
conform to the main structure setbacks.
(d) Size.
(1) A detached accessory dwelling unit shall not exceed a maximum size of one thousand
(1,000) square feet in floor area.
(2) An attached accessory dwelling unit, including internal conversions of existing primary
living space, shall be permitted not exceed fifty (50) percent of the existing primary dwelling gross
floor area, garage area excluded. Notwithstanding this requirement, an eight hundred (800) square
foot accessory dwelling unit shall be allowed.
(e) Height.
(1) The maximum height for a detached accessory dwelling unit shall be one-story and sixteen
(16) feet.
(2) The maximum height for a structure composed of a detached garage and an accessory
dwelling unit that is proposed to be constructed above a detached garage shall be twenty-four (24)
feet.
(3) Attached accessory dwelling units shall be subject to the same height limits established for
the primary residential structure.
(f) Setbacks. An accessory dwelling unit is subject to the design criteria and zoning requirements of
the district in which the existing single-family dwelling is located and as follows:
(1) An accessory dwelling unit must not encroach upon the required front yard area.
(2) A setback of four (4) feet from the side and rear lot lines shall be required for a newly
constructed (i.e., new construction), detached accessory dwelling unit, that is not constructed in the
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same location and to the same dimensions as an existing structure.
(3) Notwithstanding the setback limitation provided above, a newly constructed attached
accessory dwelling unit, or a newly constructed detached unit that is located closer than five (5) feet to
the existing residence, shall be subject to the same setback requirements applicable to the primary
structure as specified by the zoning district in which the parcel is located.
(4) No additional zoning setback is required for conversion of an existing permitted accessory
structure, living area, or garage space, or conversion of a structure that is constructed in the same
location and to the same dimensions as the existing structure.
(g) An accessory dwelling unit must be built in accordance with the building code set forth in Chapter
6, except that any design, zoning, and building standards inconsistent with state requirements under
California Government Code Section 65852.2 shall not apply.
(h) Parking. One (1) additional parking space shall be required for a newly constructed (i.e., new
construction) accessory dwelling unit, which may be located within the front setback, in tandem and
in an existing driveway that provides at least 18 feet of clearance from the back of sidewalk. 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 created as a result of the conversion of existing area of the
single-family residence or existing permitted single-family residential accessory structure.
(2) An existing single-family residential garage, carport or parking structure is converted or
demolished to accommodate an accessory dwelling unit in the same location.
(3) The accessory dwelling unit is within one-half (1/2) mile walking distance of a public
transit station, such as a bus stop or train station.
(4) The property is within an architecturally and historically significant historic district.
(5) On -street parking permits are required in the area but not offered to the occupant of the
residential accessory dwelling unit.
(6) A car share vehicle share is located within one (1) block of the accessory dwelling unit.
(i) Design Standards. Architectural review of an attached or detached 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 single-family residential accessory dwelling unit must be compatible
with the existing primary dwelling.
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(2) 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.
(3) An accessory dwelling unit located within a historic site or neighborhood combining
district will be subject to ministerial review for compliance with the design review criteria set forth in
section 30.27.40 and must be consistent with the Secretary of Interior's Standards for the Treatment of
Historic Properties.
(4) Outside stairways serving a second story accessory dwelling unit shall not be constructed
on any building elevation facing a public street.
(5) No passageway will be required in conjunction with the construction of an accessory
dwelling unit.
0) Streamlined Accessory Dwelling Units. Notwithstanding the above restrictions of this section
30.54.30, a building permit application shall be ministerially approved for an attached or detached
single-family accessory dwelling unit that is proposed on a lot with a proposed or existing family
dwelling if the accessory dwelling complies with all of the following minimum standards:
(1) The front yard setback requirement is provided for new construction;
(2) A setback of at least four (4) feet is provided from side and rear lot lines;
(3) Eight hundred (800) square feet maximum floor area is proposed; and
(4) Sixteen (16) feet maximum height is proposed.
30.54.40 Junior accessory dwelling unit standards.
Notwithstanding any other provisions in this Article or of this chapter to the contrary, a junior
accessory dwelling unit shall be permitted within a single-family residential unit and comply with the
following:
(a) Owner -occupancy of the property shall be required. The owner must reside in the primary single-
family residence, junior accessory dwelling unit or separate residential accessory dwelling unit
constructed on the property in compliance with this Article.
(b) One (1) junior accessory dwelling unit may be permitted per residential lot zoned for a single-
family residential use, provided that the lot has not more than one (1) existing or proposed single-
family residence, and not more than one (1) attached or detached, residential accessory dwelling unit
if constructed in compliance with all applicable limitations of section 30.54.30.
(c) The unit must be constructed within the existing walls of an existing or proposed single-family
dwelling.
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(d) The square footage of the unit shall be at least the minimum size required for an efficiency unit,
up to a maximum size of five hundred (500) square feet in floor area.
(e) A separate entrance from the unit to the exterior of the residence shall be provided. Internal
connection may also be permitted.
(f) An efficiency kitchen must be provided in the unit which shall include all of the following:
(1) A cooking facility with appliances, which may be countertop appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to
the size of the junior accessory dwelling unit.
(g) The unit may include separate bathroom facilities or may share bathroom facilities contained
within the primary residence.
(h) No separate utility connection, connection fee or capacity charge, or parking space shall be
required for a junior accessory dwelling unit.
30.54.50 Multi -family and Duplex Residential accessory dwelling unit standards.
Notwithstanding any other provisions of this Article, or of this chapter to the contrary, accessory
dwelling units within duplex or multi -family zoned and developed properties shall be permitted and
comply with the following:
(a) Portions of the existing duplex or multifamily dwelling structure(s) that are not used as livable
space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages), may be converted for use as accessory dwelling units provided that total number of units
must not exceed twenty-five (25) percent of the existing multi -family dwelling units or one (1) unit,
whichever is greater.
(b) An owner may also construct up to a maximum of two detached accessory dwelling units on a lot
that has an existing permitted duplex or multifamily dwelling, subject to a height limit of sixteen (16)
feet and four (4) foot rear yard and side setbacks.
(c) Each unit shall be limited in accordance with the maximum size parameters provided in Section
3O.54.30(d).
30.54.60 Definitions.
As used in this section, the following terms mean:
"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
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cooking and food preparation area (which may include countertop appliances), and sanitation on the
same parcel as the single-family or multi -family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Attached accessory dwelling unit" means a residential dwelling unit that is created as a result of
internal conversion, addition, or combination thereof made to the primary residential dwelling unit.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but
does not include a garage or any accessory structure.
"Nonconforming zoning condition" means a physical improvement on a property that does not
conform to current zoning standards.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run
on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other
location on a lot, lined up behind one another.
SECTION II
Gilroy City Code, Chapter 30, Zoning, Article II. Definitions Section 30.2.20 "Accessory
dwelling unit" definition and the "Living area" definition are hereby repealed and replaced with
new definitions which shall read as follows:
" "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
cooking and food preparation area (which may include countertop appliances), and sanitation on the
same parcel as the single-family or multi -family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code."
And,
" "Living area" means the interior habitable area of a dwelling unit, including basements and attics,
but does not include a garage or any accessory structure. "
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SECTION III
Gilroy City Code, Chapter 30, Zoning, Article XI. Residential Land Use Tables, Section
30.11.10(c), sub -note 1, is hereby repealed and replaced to read as follows:
" 1 Accessory dwelling unit(s) and/or junior accessory dwelling units maybe allowed subject to
compliance with the regulations prescribed in Article LIV of this chapter. "
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 , 2020 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
Shawna Freels, City Clerk
APPROVED:
Roland Velasco, Mayor
Reso 20-07, File Ord Z 20-01
PLANNING COMMISSION RESOLUTION NO.2020-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY RECOMMENDING THAT IF THE
COUNCIL ADOPTS THE PROPOSED AMENDMENTS TO
THE SPORTS PARK MASTER PLAN, THEN THE CITY
COUNCIL CERTIFY THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR
THE PROPOSED AMENDMENTS, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
ADOPT THE PROPOSED MITIGATION AND MONITORING
PROGRAM PREPARED IN CONNECTION WITH THE
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
WHEREAS, the City of Gilroy City Council certified the Gilroy Sports Park
and Urban Service Area Amendment (USA 98-03) Environmental Impact Report ("EIR")
on June 7, 1999 and adopted the Gilroy Sports Park Master Plan on that same date; and
WHEREAS, the City of Gilroy City Council certified the Gilroy Urban Service
Area Amendment (USA 98-03) Subsequent EIR on March 18, 2002, in anticipation of
adoption of the Gilroy 2020 General Plan, which proposed new General Plan land use
designations on properties outside the City -owned Sports Park but within the proposed
urban service area amendment; and
WHEREAS, the City of Gilroy City Council certified the Barbed Urban
Service Area Amendment (USA 04-02) Subsequent EIR on December 19, 2005, for a
smaller urban service area amendment and conceptual review of a residential
development south of West Luchessa Avenue; and
WHEREAS, the City of Gilroy City Council, at these prior hearings, adopted
findings pursuant to the California Environmental Quality Act Guidelines ("CEQA
Guidelines") Section 15091, and adopted Statements of Overriding Considerations
pursuant to CEQA Guidelines Section 15093; and
WHEREAS, the Gilroy Sports Park Master Plan establishes a nine -phase
development plan for the Gilroy Sports Park, and construction of Phase I (utility
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improvements, entry road, and rough grading) and Phase II (premier little league fields,
parking lot, and a trail connection to West Luchessa Avenue) have been completed; and
WHEREAS, Phase III of the Gilroy Sports Park Master Plan includes a
commercial recreation, tent -shaped building (estimated size of 41,000 square feet) and a
dual use soccer/baseball field and parking lot; and
WHEREAS, amendments to the Gilroy Sports Park Master Plan have been
proposed, which would accommodate construction and leasing of an approximately
100,000 square -foot building as part of Phase III of the Gilroy Sports Park to
accommodate indoor sports and other commercial and recreational uses (the "Project"};
and
WHEREAS, the appropriate level of review for the Project is an EIR
supplemental to the three prior certified EIRs pursuant to CEQA Guidelines Section
15163; and
WHEREAS, on May 21, 2020, the Planning Commission considered the
Project and a Supplemental Final Environmental Impact Report (the "SEIR") for the
Project.
NOW, THEREFORE, the Planning Commission does hereby recommend
that if the Council adopts the proposed amendment to the Sports Park Mast Plan, then
the City Council adopt the mitigation measures as set forth in the SEIR, and the
Mitigation and Monitoring Program as set forth in the final SEIR, attached to the May
21, 2020 Planning Commission staff report for the Project and incorporated herein by
this reference.
PASSED AND ADOPTED this 21 St day of May, 2020, by the following vote:
AYES: COMMISSIONERS: Estorga, Doyle, Lerner, Kim, Morales -
Medina, Fischer
NOES: COMMISSIONERS:
ABSTENTIONS: COMMISSIONERS:
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ABSENT: COMMISSIONERS: Fleming
ATTEST:
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