HomeMy WebLinkAboutPosted 07/06/2020 | Public Notice - Summary Ordinance Adoption - Amending Chapter 30 of the Gilroy Cide Code by Repealing and Replacing Article 54 Entitled Accessory Dwelling UnitsPROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Santa Clara
I am a resident of the State of California and
over the age of eighteen years, and not a
party to or interested in the above entitled
matter.
I am the principal clerk of the publisher of the
Gilroy Dispatch, published in the city of
Gilroy, County of Santa Clara, State of
California, Friday, and on line for which said
newspaper has been adjudicated a newspaper
of general circulation by the Superior Court
of the County of Santa Clara, State of
California, under the date of June 10,
1961, Action Number 80709, that the
notice of which the annexed is a printed copy
had been published in each issue thereof and
not in any supplement on the following dates:
July 17, 2020.
I, under penalty of perjury that the foregoing
is true and correct. This declaration has been
executed ON JULY 17, 2020.
GILROY DISPATCH
64 WEST SIXTH STREET
GILROY CA, 95020
/s/ Juliana b. Pulcrano /
Legal Publications Specialist
Gilroy Dispatch, Morgan Hill Times
Hollister Free Lance
Phone # (408) 709 3952
E-mail: ioulcrano?J)newsvmedia.com
Website: www.gilroydispatch.com
1 0-�-
Public Notice
PUBLIC NOTICE
ADOPTION OF AN
ORDINANCE BYTHE GILROY
CITY COUNCIL
NOTICE IS HEREBY GIVEN that
the City Council of the City of
Gilroy, on the 6th day of July,
2020 adopted the following
ordinance 2020-03
AN ORDINANCE OFTHE
CITY COUNCIL OF THE CITY
OF GILROY AMENDING
CHAPTER 30 OF THE GILROY
CITY CODE BY REPEALING
AND REPLACING ARTICLE
54 ENTITLED 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 tothe accessory
dwelling unit standards
and comply with state law,
specifically Government Code
Sections 65852.2and 65852.22,
which became effective on
January 1, 2020; and
WHEREAS, the Planning
Commission Nelda duly noticed
public hearing on May 14. 2020,
in accordance with the City
of Gilroy Zoning Gdinance
Article LII, at which time the
Planning Commission received
and considered the Zoning
Code amendments and staff
report pertaining to Zoning
Amendment file 220-01. 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 Ciy 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 Z20-01;
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; 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 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 following new sections
30.54.10 through 30.54.60.
which shall read as follows:
Section 30.5410 Purpose
and Intent.
The intent of this article is to
provide for accessory dwelling
units and junior accessory
dwelling units on lots zoned to
chow 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 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:
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30.54AO Junior accessory
multi -family dwelling.units
dwelling unit standards.
or one (1) unit, whichever is
Notwithstanding any other
j greater. (b)An owner may also
provisions in this Article or of
. construct up too maximum
this chapter to the contrary.a
of two detached accessory
junior accessory dwelling unit
dwelling units on a lot that has
shall be permitted within a
an existing permitted duplex or
single-family residential unit in
multifamily dwelling. subject to
compliance with the following
a height limit of sixteen(16) feet
standards:(a) Owner -occupancy
and four(4) foot rear yard and
of the property shall be required.
- side setbacks.(c) Each unit shall
The owner must reside in the
be limited in accordance with
primary single-family residence,
the maximum size parameters
junior accessory dwelling unit or
provided in Section 30.54.30(d).
separate residential accessory
301 Deflnitlons.As
dwelling unit constructed on
used in this article, the following
the property in compliance with
terms mean:"Accessory dwelling
this Article.(b) One (1) junior
unit" means an attached or
accessory dwelling unit may
! detached residential dwelling
be permitted per residential
unit that provides complete
lot zoned for a single-family
independent living facilities for
residential use, provided that
one or more persons and is
the lot has not morethan one
located on a lot with a proposed
(1)existing or proposed single-
:' or existing primary residence.
family residence, and not
It shall include permanent
more than one (1) attached or
provisions for living, sleeping,
detached, residential accessory
i eating, cooking and food
dwelling unit if constructed in
preparation area (which may
compliance with all applicable
include countertop appliances),
limitations of section 30.54.30.
and sanitation on the same
(c) The unit must beconstructed
parcel as the single/amity
within the existing walls of an
or multi -family dwelling is or
existing or proposed single-
will be situated. An accessory
family dwelling.(d) The square
dwelling unit also includes the
footage of the unit shall be at
followinli An efficiency unit,
least the minimum size required
as defined in Section 17958.1 of
for an efficiency unit, up to a
the Health and Safety Code.(B) A
maximum size of five hundred
manufactured home, as defined
(500) square feet in floor
in Section 18007 of the Health
area.(e)A separate entrance
and Safety Code."Attached
from the unit to the exterior of
accessory dwelling unit" means
the residence shall be provided.
a residential dwelling unit
Internal connection may also
'., that is created as a result of
be permitted.(f) An efficiency
internal conversion, addition,
kitchen must be provided in the
or combination thereof made
unit which shall include all of the
to the primary residential
following:(1) A cooking facility
dwelling unit."Junior accessory
with appliances, which maybe
dwelling unit" means a unit that
countertop appliances.(2) A food
is no more than 500square
preparation counterand storage
feet in size and contained
cabinets that are of reasonable
entirely within a single-family
size in relation to the size of the
residence. A junior accessory
junior accessory dwelling unit(g)
dwelling unit may include
The unit may include separate
separate sanitation facilities, or
bathroom facilities or may share
may share sanitation facilities
bathroom facilities contained
with the existing structure.
within the primary residence.(h)
"Living area" means the interior
No separate utility connection.
habitable area of a dwelling
connection fee or capacity
unit, including basements and
charge. or parking space shall be
attics, but does not include
required for a junior accessory
agarage or any accessory
dwelling unit.30Ji450 Multi-
structure."Nonconforming
family and Duplex Residential
zoning condition" means a
accessory dwelling unit
physical improvement on a
stendards.Notwithstanding any
property that does not conform
other provisions of this Article,
with current zoning standards.
or of this chapter to the contrary,
"Public transit" means a location,
accessory dwelling units within
including, but not limited to.a
duplex or multi -family zoned
bus stop or train station, where
and developed properties shall
i the public may access buses,
be permitted and comply with
trains, subways. and other forms
the following:(a) Portions of the
of transportation that charge
existing duplex or multifamily
set fares, run on fixed routes.
dwelling structure(s)that
and are available to the public.
are not used as livable space
"Tandem parking" means that
(including, but not limited to,
two or more automobiles are
storage rooms, boiler rooms,
parked on a driveway or in any
passageways, attics. basements,
other location on a lot, lined up
or garages), may be converted
- behind one anothecSECT10N
for use as accessory dwelling
IlGilroy City Code. Chapter 30,
units provided that total number
Zoning. Article Definitions
of units must not exceed twenty-
five (25) percent of the existing
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.
,� defined in Section 17958.1 of
the Heath 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. The
definition of Junior accessory
dwelling unit is Wded, as follows:
"Junior accessory dwelling
unit" means a unit that is no
more than 500 square feet
in size and contained entirely
- within a single-family residence.
A junib'i4i g sory dwelling
unit may include separate
sanitation facilities. or may
share sanitation facilities with
the exist cture.SECTION
IIIGilroy, i Code, Chapter 30.
Zoning, Article XL Residential
Land Use Tables, Section
30 11 10(c). sub -note 1, is hereby
repealed arrdn2placed to read
as follows."'Accessory dwelling
unit(s) and/or junior accessory
dwelling units may be allowed
subject to compliance with the
regulations prescribed in Article
LIV of this chapter." SECTION
IVIf 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
compftent jurisdiction, the
validity of the remaining portion
Of' cos Ordinance shall not be
affected thereby.SECTION
VPursuant 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 6th day of July,
2020 by the following roll call
vote:AYES: COUNCIL MEMBERS:
BLANKLEY, BRACCO. LEROE-
MUOZ, MARQUES, TOVAR,
TUCKER and VELASCO/s/
SHAWNA FREELS. MMCCity
Clerk of the City of Gilroy(Pub
GO 7/17)
3 0-F 3