HomeMy WebLinkAboutOrdinance No. 2025-09 | ADU Ordinance | Adopted 11/17/2025ORDINANCE 2025-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE GILROY CITY CODE,
CHAPTER 30 (ZONING), ARTICLE LIV REGARDING
ACCESSORY DWELLING UNITS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article LIV currently regulates
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) within the city;
and
WHEREAS, Senate Bill No. 477 was signed by the Governor and filed with the Secretary
of State on March 25, 2024, which, among other things, amended and reorganized various sections
of the California Government Code related to ADUs and JADUs, specifically moving and
consolidating provisions into the new Chapter 13, commencing with Section 66310 of Division 1
of Title 7 of the Government Code, which became effective March 25, 2024 as an urgency
ordinance; and
WHEREAS, Senate Bill No. 1211 was signed by the Governor and filed with the
Secretary of State on September 19, 2024, and amended Sections 66313, 66314, and 66323 of the
California Government Code, which became effective January 1, 2025; and
WHEREAS, Senate Bill No. 1077, was signed by the Governor and filed with the
Secretary of State on September 22, 2024, and amended Section 30500.5 of the Public Resource
Code, and became effective January 1, 2025; and
WHEREAS, Assembly Bill No. 2533 was signed by the Governor and filed with the
Secretary of State on September 28, 2024, and amended Section 66332 of the Government Code,
and became effective January 1, 2025; and
WHEREAS, the approved bills required text amendments to the Gilroy City Code Chapter
30, Article LIV to remain in compliance with State ADU Law; and
WHEREAS, the adoption of the Zoning Ordinance text amendments is statutorily exempt
from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Public
Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) because it is a proj ect
for the adoption of an ordinance by a city to implement the articles of the Government Code
commencing with Section 66314 and 66333 of the Government Code (the ADU statutes); and
WHEREAS, on October 16, 2025, 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
Amendments (Z 25-02); and
WHEREAS, the City Council held a duly noticed public hearing on November 3, and
November 17, 2025, at which time the City Council received and considered Zoning Amendment
file number Z 25-02, took and considered written and oral public testimony, the staff report, and
all other documentation related to application Z 25-02; 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
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Ordinance No. 2025-09
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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 2023-2031
Housing Element Goal 1 (Housing Production) to encourage the production of a variety of housing
types for Gilroy residents; and Gilroy 2023-2031 Housing Element Goal 2 (Removal of
Government Constraints) to periodically review City regulations and ordinances to ensure that
they do not constrain housing development and are consistent with state law; 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
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning), Article LIV, set forth in Exhibit
‘A’ regarding accessory dwelling units, are hereby adopted.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting
duly held on the 17th day of November 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
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APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
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CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2025-09 is an original ordinance, or true and correct copy of a City Ordinance,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, November 17, 2025 with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Wednesday, November 19, 2025.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
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EXHIBIT ‘A’ of ORDINANCE 2025-09
ARTICLE LIV. ACCESSORY DWELLING UNITS
30.54.10: Purpose and intent.
The intent of this article is to provide for accessory dwelling units and junior accessory 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 consistent with California
Government Code Section 66310 et seq. 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 regulations adopted herein to the contrary, an application for a building permit to construct an
accessory dwelling unit or junior accessory dwelling unit 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 dwelling units:
(a) An accessory dwelling unit shall not be rented for periods less than thirty (30) days. Short -
term rentals are prohibited.
(b) An accessory dwelling unit shall not be sold separately from the primary residential structure
except as permitted by California Government Code Section 66341.
(c) Prior to the final building inspection for an accessory dwelling unit and/or a junior accessory
dwelling unit, the owner must record a deed restriction stating that any accessory dwelling unit
on the property may not be rented for periods less than thirty (30) days and that any accessory
dwelling unit may not be transferred or sold separately from the primary residential structure
except as permitted by California Government Code Section 66341.
(d) The installation of fire sprinklers shall not be required for an accessory dwelling unit if
sprinklers are not otherwise required for the primary residence.
(e) Accessory dwelling units are subject to the objective 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
66310 et seq. Objective design standards and other zoning requirements will not be imposed if
they would preclude the construction of at least an eight hundred (800) square foot attached or
detached
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dwelling unit with four (4) foot side and rear yard setbacks.
(f) An accessory dwelling unit is not subject to residential accessory structure regulations.
(g) An accessory dwelling unit will not be subject to any charges and fees other than building
permit fees generally applicable to residential construction in the zone in which the property is
located, 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 Government Code Sections 66324 and 66338.
(i) 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.
(j) Ministerial approval of a permit for creation of an accessory dwelling unit shall not be
conditioned on the correction of preexisting nonconforming zoning conditions.
(k) A certificate of occupancy for any accessory dwelling unit shall not be issued before the local
agency issues a certificate of occupancy for the primary dwelling.
(l) If the applicant requests a delay in processing, the sixty (60) daytime 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, residential
accessory dwelling unit shall be permitted as a single-family residential use that complies with
California Government Code Section 66310 et seq. and the following:
(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any zoning
district that permits residential or mixed-use development and which contains an existing or
proposed primary single-family residential use.
(b) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or
detached from the proposed or existing primary dwelling; provided, that 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.
(c) Unit Type Combinations. Ministerial approval for a building permit within a residential or
mixed-use zone is permitted to create any of the following:
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
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a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and
may include an expansion of not more than one hundred fifty (150) square feet beyond the same
physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress and
egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The junior accessory dwelling unit complies with the requirements of this article and
Government Code Sections 66333 and 66334.
(2) One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)
foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.
(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 shall be permitted but shall not exceed fifty percent
(50%) of the existing primary dwelling gross floor area, garage area excluded. Notwithstanding
this requirement, an eight hundred fifty (850) square foot one (1) bedroom or one thousand
(1,000) square foot two (2) or more bedroom accessory dwelling unit shall be allowed.
(e) Height.
(1) The maximum height for a detached accessory dwelling unit shall be sixteen (16) feet.
Detached accessory dwelling units located within one-half (1/2) mile of a major transit stop or
high-quality transit corridor are permitted to a maximum height of eig hteen (18) feet, and may be
up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch
of the primary dwelling unit.
(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) An accessory dwelling unit attached to the primary dwelling is limited to the height allowed
in the underlying zoning district.
(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:
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(1) An accessory dwelling unit must not encroach upon the required front yard area unless it
would preclude the construction of at least an eight hundred (800) square foot accessory dwelling
unit with four (4) foot side and rear yard setbacks.
(2) A setback of four (4) feet from the side and rear lot lines shall be required for a newly
constructed accessory dwelling unit that is not constructed in the same location and to the same
dimensions as an existing structure.
(3) 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) Parking. One (1) additional parking space shall be required for a newly constructed accessory
dwelling unit, which may be located within the front setback, in tandem and in an existing
driveway. 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, covered parking structure, or uncovered
parking space 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 is located within one (1) block of the accessory dwelling unit.
(h) Design Standards. Architectural review of an attached or detached accessory dwelling unit
will be limited to the following:
(1) The design of the single-family residential accessory dwelling unit must be compatible with
the existing primary dwelling. This may be achieved through use of the same architectural
details, including window styles, roof slopes, exterior materials, and colors. Architectural review
shall not unreasonably restrict construction of the accessory dwelling unit.
(2) 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 the Interior’s Standards for the
Treatment of Historic Properties.
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(3) 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 Sections 66314, 66321, 66322, and 66323 shall
not apply.
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 in compliance
with the following standards:
(a) 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.
(b) The unit must be constructed within the existing walls of an existing or proposed single-
family dwelling.
(c) 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.
(d) A separate entrance from the unit to the exterior of the residence shall be provided. Internal
connection may also be permitted.
(e) 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.
(f) The unit may include separate bathroom facilities or may share bathroom facilities contained
within the primary residence. If a bathroom facility is shared with a primary residence, a separate
interior entry to the main living area is required.
(g) No separate utility connection, connection fee or capacity charge, or parking space shall be
required for a junior accessory dwelling unit.
30.54.50: Multifamily 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 multifamily zoned and developed properties shall be permitted
and comply with the following:
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(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 the total number of units must not exceed twenty-five percent
(25%) of the existing multifamily dwelling units or one (1) unit, whichever is greater.
(b) An owner may also construct up to a maximum of eight (8) detached accessory dwelling
units on a lot that has an existing permitted or proposed duplex or multifamily dwelling, subject
to a height limit of eighteen (18) feet and four (4) foot rear yard and side setbacks, provided that
the number of accessory dwelling units does not exceed the number of existing dwelling units on
the lot.
(c) Height. Accessory dwelling units are limited to a maximum height of sixteen (16) feet, except
as established below:
(1) A detached accessory dwelling unit located within one-half (1/2) mile of a major transit stop
or high-quality transit corridor is limited to a maximum height of eighteen (18) feet, and may be
up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch
of the primary dwelling unit.
(2) A detached accessory dwelling unit located on a parcel with a multistory, multifamily
dwelling structure is limited to a maximum height of eighteen (18) feet.
30.54.60: Definitions.
As used in this article, the following terms shall be defined as follows:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that
provides complete independent living facilities for one (1) or more persons and is located on a lot
with a proposed or existing primary residence. It shall include per manent provisions for living,
sleeping, eating, cooking and a food preparation area (which may include countertop appliances),
and sanitation on the same parcel as the single-family or multifamily dwelling is or will be
situated. “Accessory dwelling unit” also includes the following:
(a) An efficiency unit, as defined in California Health and Safety Code Section 17958.1.
(b) A manufactured home, as defined in California Health and Safety Code Section 18007.
“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.
“High-quality transit corridor” means a corridor with fixed bus route service with service
intervals no longer than fifteen (15) minutes during peak commute hours as defined in
Section 21155 of the Public Resources Code.
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“Junior accessory dwelling unit” means a unit that is no more than five hundred (500) square feet
in size and contained entirely within a single-family residence. A junior accessory dwelling unit
may include separate sanitation facilities, or may share sanitation facilities with the existing
structure.
“Livable space” means a space in a dwelling intended for human habitation, including living,
sleeping, eating, cooking, or sanitation.
“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.
“Major transit stop” means an existing rail or bus rapid transit station, a ferry terminal served by
either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a
frequency of service interval of twenty (20) minutes or less during the morning and afternoon
peak commute periods as defined in Section 21064.3 of the Public Resources Code.
“Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a
public official and are uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or proponent and the public
official prior to submittal.
“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 (2) or more automobiles are parked on a driveway or in any
other location on a lot, lined up behind one another.
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