HomeMy WebLinkAbout12/05/24 Planning Commission Meeting Packet
December 5, 2024 | 6:00 PM Page 1 of 4 Planning Commission Regular Meeting Agenda
PLANNING COMMISSION
REGULAR MEETING AGENDA
Thursday, December 5, 2024 | 6:00 PM
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA 95020
Chair: Manny Bhandal:
manny.bhandal@cityofgilroy.org
Vice Chair: Annedore Kushner:
annedore.kushner@cityofgilroy.org
Commissioners: Stefanie Elle: stefanie.elle@cityofgilroy.org Adriana Leongardt: adriana.leongardt@cityofgilroy.org Joan Lewis:
joan.lewis@cityofgilroy.org
Kelly Ramirez:
kelly.ramirez@cityofgilroy.org
Monica Valdez: monica.valdez@cityofgilroy.org
Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org
Written comments can be submitted by email to planningdivision@cityofgilroy.org. Please note that written comments will not be read out loud, but will be part of the written record.
Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and address for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public
comments are limited to no more than three-minutes, at the Chair’s discretion. Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning Commissioners prior to or at the meeting and are available for public inspection at the Planning Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers.
Planning Commission
Regular Meeting Agenda Page 2 of 4 December 5, 2024 | 6:00 PM
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the
public hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding
officer calls for comments from those persons who are in support of or in opposition thereto. After
persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE. Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or by email at cityclerk@cityofgilroy.org.
1. OPENING
2. PLEDGE OF ALLEGIANCE
3. REPORT ON POSTING THE AGENDA AND ROLL CALL
4. PUBLIC COMMENTS (Three-minute time limit). This portion of the meeting is reserved for persons desiring to address the Planning Commission on matters not on the agenda. The law does not permit
the Planning Commission action or extended discussion of any item not on the agenda except
under special circumstances. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed
to the Planning Commission prior to or at the meeting and available for public inspection with
the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondences received will be incorporated into the meeting
Planning Commission
Regular Meeting Agenda Page 3 of 4 December 5, 2024 | 6:00 PM
record. Items received after 1:00pm deadline will be provided to the Planning Commission as soon as practicable. All statements that require a response will be referred to staff for reply in writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD
CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. 5. CONSENT AGENDA
5.1. November 7, 2024 Planning Commission Meeting Minutes
6. PUBLIC HEARINGS 6.1. First Amendment to the Glen Loma Ranch Development Agreement 1. Staff Report: Cindy McCormick, Planning Manager 2. Public Hearing:
3. Close Public Hearing: 4. Possible Action: 1. Determine that the First Amendment to the Glen Loma Ranch Development Agreement does not require independent CEQA
review, beyond EIR Addendum #2, undertaken in connection with the adoption of the Fourth Operating Memorandum. 2. Recommend that the City Council adopt an ordinance approving the First Amendment to the Development Agreement between the City of
Gilroy and Glen Loma Corporation for the Glen Loma Ranch project to extend the term of the Development Agreement by three years. 7. NEW BUSINESS 7.1. Planning Commission Review of Metropolitan Transportation Commission Complete Streets Checklist for 2024 Climate Program Implementation Grant
1. Staff Report: Mark Johnson, Environmental Programs Manager
2. Public Comment: 3. Possible Action: Review and provide feedback on the Metropolitan Transportation Commission
(MTC) Complete Streets Checklist for the proposed Electric Vehicle (EV)
Charging Stations at the Gilroy Community Library. 7.2. Zoning Ordinance Update: Preliminary Draft Planning Permits, Part 1 1. Staff Report: Cindy McCormick, Planning Manager 2. Public Comment: 3. Possible Action:
Planning Commission
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Receive the staff report and provide preliminary feedback on preliminary draft sections proposed for the comprehensive update. Preliminary recommendations should be made by an informal
consensus of the Planning Commission. 8. INFORMATIONAL ITEMS
8.1. Planning Division Staff Approvals
9. PLANNING DIVISION REPORT
10. ASSISTANT CITY ATTORNEY REPORT
11. ADJOURNMENT To the Next Meeting of January 9, 2025 at 6:00 PM
Page 1 of 3
City of Gilroy Planning Commission
Regular Meeting Minutes Thursday, November 7, 2024 | 6:00 PM
1. OPENING Tonight’s meeting was called to order by Chair Bhandal at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Chair Bhandal led the pledge of allegiance.
3. REPORT ON POSTING THE AGENDA AND ROLL CALL The agenda was posted on Friday, November 1, 2024 at 9:17 a.m.
Attendance Attendee Name
Present Stefanie Elle, Commissioner Joan Lewis, Commissioner Kelly Ramirez, Commissioner
Monica Valdez, Commissioner
Annedore Kushner, Vice Chair Manny Bhandal, Chair
Absent Adriana Leongardt, Commissioner 4. PUBLIC COMMENTS Chair Bhandal opened public comment for items not on the agenda. There being no speakers, Chair Bhandal closed public comment for items not on the
agenda.
5. CONSENT AGENDA
5.1. September 19, 2024 Planning Commission Meeting Minutes
A motion was made by Commissioner Lewis; seconded by Commissioner Elle to approve the consent agenda. RESULT: Pass [6 – 0] MOVER: Commissioner Lewis
SECONDER: Commissioner Elle AYES: Commissioner Elle, Lewis, Ramirez, Valdez, Vice Chair Kushner, and Chair Bhandal. ABSENT: Commissioner Leongardt
6. PUBLIC HEARINGS 6.1. Architectural and Site Review for a Contractor's Yard located at 230 & 260 Las Animas Avenue, Application No. AS 23-18.
November 7, 2024 | 6:00 PM Page 2 of 3 Planning Commission Regular Meeting Minutes
1. Staff Report: Erin Freitas, Senior Planner 2. Public Hearing 3. Close Public Hearing
4. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a. Based on its independent analysis, determine this project is exempt from further environmental review pursuant to State CEQA Guidelines
section 15332 (Class 32); and
b. Adopt a resolution approving the Architectural and Site Review permit application AS 23-18. A motion was made Chair Bhandal; seconded by Commissioner Elle to:
a. Based on its independent analysis, determine this project is exempt from further environmental review pursuant to State CEQA Guidelines section 15332 (Class 32); and b. Adopt a resolution approving the Architectural and Site Review permit
application AS 23-18. With the following amendment: 1. The applicant shall amend the landscaping plan to specify that male Chinese Pistache trees shall be planted. If unavailable, a different
non-invasive tree shall be selected.
RESULT: Pass [6 – 0] MOVER: Chair Bhandal SECONDER: Commissioner Elle
AYES: Commissioner Elle, Lewis, Ramirez, Valdez, Vice Chair Kushner, and
Chair Bhandal ABSENT: Commissioner Leongardt 7. NEW BUSINESS 7.1. Approval of the 2025 Planning Commission Meeting Schedule 1. Staff Report: Sharon Goei, Community Development Director
2. Public Comment
3. Possible Action: Approve the 2025 Planning Commission meeting schedule.
A motion was made by Commissioner Elle; seconded by Chair
Bhandal to: Approve the 2025 Planning Commission meeting schedule.
With the following amendment:
1. Remove the July 3, 2025 regular meeting and keep the July 17, 2025 special meeting.
November 7, 2024 | 6:00 PM Page 3 of 3 Planning Commission Regular Meeting Minutes
RESULT: Pass [6 – 0] MOVER: Commissioner Elle SECONDER: Chair Bhandal
AYES: Commissioner Elle, Lewis, Ramirez, Valdez, Vice Chair Kushner, and
Chair Bhandal ABSENT: Commissioner Leongardt 8. INFORMATIONAL ITEMS 8.1. Planning Division Staff Approvals There were five architectural and site review application staff approvals. 9. PLANNING DIVISION REPORT Community Development Director, Sharon Goei, provided the Commission with a reminder to attend the Volunteer Appreciation Dinner.
10. ASSISTANT CITY ATTORNEY REPORT
Assistant City Attorney, Jolie Houston, advised the Commission that there will be California Environmental Quality Act (CEQA) training coming up in the new year.
11. ADJOURNMENT To the Next Meeting of December 5, 2024 at 6:00 PM
Chair Bhandal adjourned the meeting at 6:18 p.m.
Ariana Fabian, Planning Technician
Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: December 5, 2024
TO: Planning Commission
FROM: Cindy McCormick, Planning Manager
SUBJECT: First Amendment to the Glen Loma Ranch Development Agreement
RECOMMENDATION:
1. Determine that the First Amendment to the Glen Loma Ranch Development
Agreement does not require independent CEQA review, beyond EIR Addendum #2,
undertaken in connection with the adoption of the Fourth Operating Memorandum.
2. Recommend that the City Council adopt an ordinance approving the First
Amendment to the Development Agreement between the City of Gilroy and Glen
Loma Corporation for the Glen Loma Ranch project to extend the term of the
Development Agreement by three years.
PROJECT DESCRIPTION:
The Development Agreement for the Glen Loma Ranch development was adopted in
2005 (Ordinance 2005-22) and has a 20-year term expiring on December 21, 2025.
Pursuant to Section 2.2 of the Glen Loma Ranch Development Agreement (GLR DA), the
term may be extended for three years through an amendment to the GLR DA. The First
Amendment to the GLR DA would extend the expiration date of the GLR DA from
December 21, 2025 to December 21, 2028.
DISCUSSION AND ANALYSIS:
Glen Loma Development: The Glen Loma Ranch Development is an approximately
359-acre property located in the western rolling foothills of Gilroy between Santa Teresa
Boulevard and Uvas Creek. On November 7, 2005, the City of Gilroy adopted the Glen
Loma Ranch Specific Plan (“Specific Plan”) and certified the Glen Loma Ranch Specific
Plan EIR (“Specific Plan EIR”). At that time, the City of Gilroy and the Glen Loma Ranch
Corporation (GLR) acknowledged that the development and construction of the Glen
Loma Ranch development was a large-scale undertaking, necessitating a development
agreement to eliminate uncertainty, secure orderly development, and meet the goals
and objectives of the General Plan and the Glen Loma Ranch Specific Plan.
Development agreements are contracts negotiated between project proponents and
public agencies that govern the land uses that may be allowed in a particular project.
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Glen Loma Development Agreement: On November 21, 2005, the City of Gilroy and
Glen Loma Ranch entered into a Development Agreement (GLR DA) for the development
of the Glen Loma Ranch development (Ordinance 2005-22). The effective date of the
GLR DA was December 21, 2005, with a 20-year term, expiring on December 21, 2025,
or the date on which the development has been completed including the construction of
public improvements. The GLR DA also allows for an extension of three years through an
amendment to the GLR DA. In 2017, 2018, and 2022, the City and GLR entered into three
Operating Memoranda pursuant to Paragraph 3.13 of the GLR DA, each of which has
become part of the GLR DA. On October 7, 2024, the City Council approved the Fourth
Operating Memorandum to the GLR DA (Resolution No. 2024-47), which acknowledged
that the extension would be processed and approved prior to or coincidentally with either
Tentative Map TM 24-03 or TM 24-02. Both tentative maps are tentatively scheduled for
review and recommendation by the Planning Commission on January 16, 2025.
Planning Commission Review: Pursuant to the City Charter, Section 906 (Planning
Commission: Established: Powers and Duties), the Planning Commission shall review
land use decisions that may be prescribed by ordinance. The GLR DA was adopted by
Ordinance 2005-22 and the proposed amendment will also be adopted by ordinance.
Environmental Assessment: Pursuant to the California Environmental Quality Act
(“CEQA”), the City prepared an Environmental Impact Report for the Glen Loma Ranch
Specific Plan (“Specific Plan EIR”), which was certified by the City Council on October 17,
2005, and adopted by the City Council on November 7, 2005 (Resolution No. 2005-81).
On May 19, 2014, the City Council adopted an addendum to the certified EIR (EIR
Addendum #1), modifying Mitigation Measures #4, #23, #31, and deleting Mitigation
Measures #32, and #42 (Resolution 2014-19). On October 7, 2024, the City Council
adopted a second addendum to the certified EIR (EIR Addendum #2), finding that, under
the current planned buildout of 1,467 residential units, Mitigation Measures 36, 37, 39,
41, 43, and 44 are not required and Mitigation Measure 34 has been satisfied through the
installed signalization (Resolution No 2024-46).
The proposed extension of the Glen Loma Ranch Development Agreement makes no
other changes to the Development Agreement or to the Specific Plan EIR, and thus
does not require independent CEQA review, beyond EIR Addendum #2. Therefore, the
Project is not subject to CEQA under the common sense exemption 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 [State CEQA Guidelines Section 15061(b)(3)].
Glen Loma Ranch Development Agreement Amendment: The proposed amendment
modifies section 2.2 of the GLR DA by replacing the phrase “the date which is twenty
(20) years from the Effective Date” with the phrase “the date which is twenty-three (23)
years from the Effective Date.” In all other respects, the Development Agreement
remains in full force and effect, unmodified by the approved amendment. In case of
conflict between the GLR DA and the approved amendment, the terms of the approved
amendment shall prevail.
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Findings: The proposed amendment is consistent with the objectives, policies, general
land uses and programs specified and contained in the City’s General Plan and the
Glen Loma Ranch Specific Plan. The City has taken all steps required by State Law and
by CEQA in order to approve the proposed amendment.
Next Steps: The Ordnance approving the First Amendment to the Glen Loma Ranch
Development Agreement is tentatively scheduled to be introduced by the City Council
on January 27, 2025.
PUBLIC NOTICING:
The public hearing for the proposed amendment was noticed in the Gilroy Dispatch on
November 22, 2024.
Attachments:
1. Draft Ordinance Approving First Amendment
2. First Amendment to the Glen Loma Ranch Development Agreement
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ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND GLEN LOMA CORPORATION FOR THE GLEN LOMA RANCH PROJECT TO EXTEND THE TERM
OF THE DEVELOPMENT AGREEMENT BY THREE YEARS
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I.
RECITALS
A. By Ordinance 2005-22 adopted on or about November 21, 2005, the City of Gilroy
approved a development agreement (the “Development Agreement”) pursuant to California
Government Code sections 65864 through 65869.5 (“State Law”), by and between Glen Loma Corporation and various owners of property(collectively, “GLR”), to govern construction of a multi-phase project consisting of residential and commercial development for the Glen Loma Ranch project encompassing approximately 359 acres as more fully
described in the Glen Loma Specific Plan (“Specific Plan”) adopted on November 7, 2005
(the “Project”). The Specific Plan also sets forth the detailed development standards and guidelines and an implementation program for the development of the Project. Ordinance 2005-22 became effective on December 21, 2005, thirty (30) days after adoption, and on the same date, the Development Agreement took effect.
B. Pursuant to the California Environmental Quality Act (“CEQA”), the City prepared an Environmental Impact Report (“EIR”) for the Project, which included the Specific Plan itself and the Development Agreement, which EIR was certified by the City Council on October 17, 2005, and for which Resolution No. 2005-81 was adopted on November 7, 2005
making the required findings for each significant effect and including a Statement of
Overriding Considerations, and a mitigation/monitoring program was adopted in connection with the Project.
C. In 2014, the City Council adopted an addendum to the certified EIR (“Addendum #1”)
modifying and removing certain mitigation measures. D. In 2017, 2018, and 2022, the City and GLR entered into three Operating Memoranda pursuant to Paragraph 3.13 of the Development Agreement, each of which has become part
of the Development Agreement.
E. On October 7, 2024, the City Council approved the Fourth Operating Memorandum to the Development Agreement (“Fourth Operating Memorandum”) and also approved an addendum to the EIR (“Addendum #2”) making further minor modifications and
clarifications to the Development Agreement.
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F. One provision of the Fourth Operating Memorandum requires that the City and GLR take all reasonable actions to extend the expiration date of the Term of the Development
Agreement by three years, i.e., from December 21, 2025 through and including December 21,
2028. A First Amendment to Development Agreement (“First Amendment”), attached hereto as Exhibit A and incorporated herein by this reference, has been prepared to effectuate that extension of the Term of the Development Agreement. The First Amendment makes no other changes to the Development Agreement, and thus does not require independent CEQA
review, beyond that already undertaken in connection with the adoption of the Fourth
Operating Memorandum. G. A public hearing on the proposed First Amendment was held before the Planning Commission on December 5, 2024, for which public notice was given as provided by law and
at which all persons desiring to be heard were given an opportunity to be heard, and following
the hearing the Planning Commission recommended approval of the First Amendment. H. A public hearing on the proposed First Amendment was held before the City Council on _____________, 2025, for which public notice was given as provided by law, and at which
all persons desiring to be heard were given an opportunity to be heard. The City Council has
duly considered all testimony received, both oral and written. SECTION II.
FINDINGS AND DETERMINATIONS On the basis of the foregoing Recitals and the specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement as modified by the First Amendment is consistent with the
objectives, policies, general land uses and programs specified and contained in the City’s General Plan and the Specific Plan. 2. The City has taken all steps required by State Law and by CEQA in order to approve the
First Amendment.
SECTION III. APPROVAL
The City Council hereby approves the First Amendment and authorizes the Mayor to execute the First Amendment, a copy of which is attached hereto as Exhibit “A.” SECTION IV.
EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its adoption,
and on that same date the First Amendment shall take effect.
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SECTION V. RECORDATION Not later than ten (10) days after the City’s execution and acknowledgment of the First
Amendment, the City Clerk shall submit the First Amendment to the County Recorder for recordation.
PASSED AND ADOPTED this day of ___________, 2025, by the following vote: AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
APPROVED: ___________________________ Mayor
ATTEST:
___________________________________ Beth Minor, Interim City Clerk
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EXHIBIT A
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT – GLEN LOMA RANCH
This First Amendment (“First Amendment”) to the Development Agreement
between City of Gilroy (“City”), Glen Loma Corporation, and the owners of Glen Loma
Ranch (“Owners”; Owners together with Glen Loma Corporation are collectively referred
to as “GLR”), dated November 21, 2005 (the “Development Agreement”) for the
development of the Glen Loma Ranch Project, an area composed of approximately 359
acres of land (of which approximately 185 acres will be developed) northeast of Santa
Teresa Boulevard and southwest of Uvas Creek, is entered into in consideration of the
following recitals and mutual promises and conditions.
WHEREAS, the Development Agreement was approved by the City Council with the
adoption of Ordinance 2005-22 on November 21, 2005 (the “Enacting Date”); and
WHEREAS, pursuant to Section 1.1 of the Development Agreement, the Effective
Date of the Development Agreement is 30 days after the Enacting Date, i.e., December 21,
2005, and pursuant to Section 2.2 of the Development Agreement, the Term of the
Development Agreement expires on “the first to occur of the following dates: (a) the date
which is twenty (20) years from the Effective Date, or (b) the date on which the
development of the Project has been completed in accordance with this Agreement,
including the construction the Public Improvement…”; and
WHEREAS, Section 2.2. of the Development Agreement provides that an extension
of three years to the term of the Development Agreement may be made by amendment to
the Development Agreement; and
WHEREAS, the City and GLR agreed in the Fourth Operating Memorandum to the
Development Agreement, approved by the City Council on October 7, 2024, that they would
take all steps reasonably necessary to extend the Term of the Development Agreement by
three (3) years.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
conditions contained herein, the City and GLR agree as follows:
1. In the above-quoted language in section 2.2 of the Development Agreement, the Phrase
“the date which is twenty (20) years from the Effective Date” is hereby replaced with
the following: “the date which is twenty-three (23) years from the Effective Date.”
2. Capitalized terms in this First Amendment that are not defined herein have the same
meaning as in the Development Agreement.
3. This First Amendment may be signed in Counterparts.
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4. In all other respects, the Development Agreement remains in full force and effect
unmodified by this First Amendment. In case of conflict between the Development
Agreement and this First Amendment, the terms of this First Amendment shall prevail.
The parties execute this First Amendment as of ________________, 2025.
CITY:
City of Gilroy,
a California municipal corporation
By: __________________________
Mayor
Glen Loma Corporation,
a California corporation
By: __________________________
John M. Filice, Jr.,
President
Approved as to Form:
______________________
Andrew Faber, City Attorney
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OWNERS:
Filice Family Estate,
a California limited partnership
by its General Partner, Cugini Calabria LLC
a California limited liability company
By: ___________________________
John M. Filice, Jr.
Manager
Christopher Ranch LLC,
a California limited liability company
By: ____________________________
William A. Christopher,
Manager
The Christopher Family Partnership,
By: ____________________________
General Partner
D Christopher & Sons LLC,
a California limited liability company
By: ____________________________
William A. Christopher, Manager
Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: December 5, 2024
TO: Planning Commission
FROM: Mark Johnson, Environmental Programs Manager
SUBJECT: Planning Commission Review of Metropolitan Transportation Commission
Complete Streets Checklist for 2024 Climate Program Implementation
Grant
RECOMMENDATION:
Review and provide feedback on the Metropolitan Transportation Commission (MTC)
Complete Streets Checklist for the proposed Electric Vehicle (EV) Charging Stations at
the Gilroy Community Library.
BACKGROUND:
Staff is seeking federal grant assistance to design and construct EV chargers at the
Gilroy Community Library. As part of the grant application process, the MTC requires
the City’s bicycle and pedestrian advisory body to review and provide input on the
Complete Streets Checklist. As the Planning Commission acts as the bicycle and
pedestrian advisory body for the City of Gilroy, staff is seeking feedback from the
Planning Commission.
The MTC grant aims to expand access to clean mobility options and related charging
infrastructure throughout the Bay Area, supporting the goals of Plan Bay Area 2050.
Eligible expenses include the acquisition, installation, and operation of EV charging
equipment, as well as preliminary engineering, project design, and engineering costs.
This project aligns with the Gilroy 2040 General Plan, specifically Chapter 8: Natural
and Cultural Resources by expanding the City’s alternative vehicle refueling
infrastructure.
ANALYSIS:
The proposed project involves the installation of four Level 2 EV charging stations and
two Direct Current Fast Charging stations at the Gilroy Community Library, strategically
located to maximize community access and utility. These chargers will not only serve
library patrons but also provide a valuable resource for visitors to nearby facilities, such
as City Hall, the Senior Center, and the Police Station.
To ensure efficient and high-quality implementation, staff will contract out the design,
installation, and ongoing operation and maintenance of the chargers. This approach
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leverages external expertise while streamlining the City's role in project delivery and
long-term management.
By integrating EV charging infrastructure at a highly visible and accessible public
location, the project aims to encourage the adoption of zero-emission vehicles by
providing access to reliable and convenient charging. It also aims to enhance regional
air quality by supporting the transition away from fossil-fuel-powered vehicles. In
addition, the project aligns with local and state sustainability goals, including those
outlined in the Gilroy 2040 General Plan and California Executive Order N-79-20, which
mandates all new vehicle sales be zero-emission by 2035.
The project addresses a key regional objective by contributing to the implementation of
Plan Bay Area 2050, which emphasizes reducing greenhouse gas emissions through
clean mobility advancements. This grant-funded initiative not only expands EV charging
access, but also strengthens Gilroy’s position in environmental sustainability and
regional collaboration.
FISCAL IMPACT/FUNDING SOURCE:
The project will initially be funded using Library Bond proceeds, with reimbursement
anticipated through the MTC Climate Program Implementation and Silicon Valley Clean
Energy Grants. This funding strategy ensures there will be no net fiscal impact on the
Library’s Bond proceeds or the City’s General Fund.
Staff estimates the project cost to be between $300,000 and $400,000. However, at the
time of this report, Silicon Valley Clean Energy had not yet provided a finalized cost
estimate for the project.
NEXT STEPS:
1. Incorporate the Planning Commission’s feedback on the Complete Streets Checklist.
2. Submit the updated checklist with the grant application by December 20, 2024.
ATTACHMENTS:
MTC Complete Streets Checklist
Contact Name Mark Johnson
Email Address mark.johnson@cityofgilroy.org
Contact Phone Number 4088460214
City/Jurisdiction/Agency
(If your option is not
listed, select "Other")
Gilroy
County Santa Clara
Is your project seeking
regional discretionary
funds or an
endorsement?
Regional discretionary funding
Please include the name
of the regional
discretionary funding
program that this
project is seeking.
2024 Climate Program Implementation Grants Charging
Infrastructure Program
Project Name/Title Gilroy Public Library EV Chargers
Project Area/ Location 350 W Sixth St, Gilroy CA 95020
Project Area Map
(Attach if applicable)
Please save the file with
the project name and
the jurisdiction
submitting checklist.
Add the name of the file
being uploaded below.
Then Click Here to
upload your file.
Gilroy Public Library EV Chargers
Project Description
(2000 character limit).
You may also attach
additional project
documents, cross
sections, plan views or
other supporting
materials.
This project involves the installation of four dual-port Level 2
(L2) charging stations and two dual-port DC Fast Charging
(DCFC) stations, providing a total of 12 charging ports at the
Gilroy Public Library, located at 350 W 6th Street, Gilroy, CA.
As a designated community hub during heat waves and
electrical blackouts, the library serves a vital role in supporting
the community. The charging stations will be installed in a
public parking lot, offering 24/7 accessibility to EV users.
Please choose the
project phase(s).
Planning
PE
Do you think your
project qualifies for a
No
Statement of Exception?
Topic: Bicycle, Pedestrian and Transit Planning
Does the project
implement relevant
plans, or other locally
adopted
recommendations?
Yes
Please provide details
on plan
recommendations
affecting the project
area, if any, with Plan
adoption date. If the
project is inconsistent
with adopted plans,
please provide
explanation.
The project is consistent with the City's 2040 General Plan
which was adopted on 11/2/2020.
Does the project area
contain segments of the
regional Active
Transportation (AT)
Network? [See MTC's AT
Network map here]
No
Is the the project on a
known High Injury
Network (HIN) or has a
local traffic safety
analysis found a high
incidence of bicyclist/
pedestrian-involved
crashes within the
project area?
No
Does the the project
seek to improve
conditions for people
biking, walking and/or
rolling? If the project
includes a bikeway, was
a Level of Traffic Stress
(LTS), or similar user
experience analysis
conducted?
No
Describe how project
seeks to provide low-
stress transportation
facilities or reduce a
facility’s LTS.
Project is not within a bikeway.
A.Are there existing
public transit facilities
(stop or station) in the
project area?
No
B. Have all potentially
affected transit
agencies had the
opportunity to review
this project? If yes,
please save the email
from transit operator(s)
below.
No
C: Is there a MTC
Mobility Hub (map)
within the project area?
No
If applicable, please
describe the pedestrian
focused improvements
and cite the design
standards used (links to
standards are not
needed).
The project is in the early Planning stage. The project will meet
professional design standards and appropriate guidelines for
bicycle and pedestrian facilities.
Will the project improve
active transportation in
an Equity Priority
Community (EPC)?
Yes
Please list census tracts
that are designated as
EPCs and affected by
this project.
512508
Has a local (city is
preferred and county is
an option) Bicycle and
Pedestrian Advisory
Commission reviewed
this Checklist?The
Checklist will begin MTC
review once the Planning Commission
meeting has occurred.
The submission of this checklist will be reviewed by the Planning Commission. This option exists to use this CS
Checklist submission (pdf emailed to you) for the Commission
review.
Please provide the
meeting date(s). Planning Commission
meeting date should
occur before the grant
funding request
application or
endorsement is
submitted.
12/5/2024
Compliance and Exemption
Please check below if
Yes. If no, complete the
Statement of Exception.
If Yes, this Checklist is
complete and the rest of
the form can be
skipped. If No, please fill
out the Statement of
Exception section.
Yes
Has a local (city or
county) Bicycle and
Pedestrian Advisory
Commission reviewed
this Checklist?The CS
Checklist will begin
review once the Planning Commission
meeting notes are
included in this form.
The Checklist is being submitted to send to the Planning Commision for review.
Please provide the
meeting date(s).12/5/2024
1. The affected roadway
is legally prohibited for
use by bicyclists and/or
pedestrians. Yes/No?
No
2. The costs of
providing Complete
Streets improvements
are excessively
disproportionate to the
need or probable use
(defined as more than
20 percent for Complete
Streets elements of the
total project cost).
Yes/No?
No
3. There is a
documented Alternative
Plan to implement
Complete Streets and/or
No
on a nearby parallel
route. Yes/No?
4. Conditions exist in
which policy
requirements may not
be able to be met, such
as fire and safety
specifications, spatial
conflicts on the roadway
with transit or
environmental
concerns, defined as
abutting conservation
land or severe
topological constraints.
Yes/No?
No
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Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: December 5, 2024
TO: Planning Commission
FROM: Cindy McCormick, Planning Manager
SUBJECT: Zoning Ordinance Update: Preliminary Draft Planning Permits, Part 1
RECOMMENDATION:
Receive the staff report and provide preliminary feedback on preliminary draft sections
proposed for the comprehensive update. Preliminary recommendations should be made
by an informal consensus of the Planning Commission.
BACKGROUND:
Beginning in September 2024, City staff introduced the comprehensive update and
provided preliminary drafts of various sections of the Zoning Ordinance. Given the length
and complexity of the Zoning Ordinance, the draft will be developed and presented to the
public, the Planning Commission, and the City Council, over a series of public meetings.
To date, the Planning Commission has reviewed the following preliminary drafts:
Enactment and Administration, Nonconforming Uses and Structures, and Application
Procedures. Recommendations received from the City Attorney and a consensus of the
Planning Commission will be incorporated into each draft, with track changes for future
reference. Once all preliminary drafts have been reviewed and revised per Planning
Commission direction, a comprehensive draft of the entire Ordinance will be brought back
to the Commission for a recommendation to the City Council.
DISCUSSION AND ANALYSIS:
As summarized in the Background Information document attached to this staff report,
when reviewing the proposed amendments, the Planning Commission should determine
whether the draft zoning regulations support the Statement of Intent, provided in Section
30.1.10 of the current Zoning Ordinance.
Furthermore, the Commission should consider whether the draft regulations support the
vision, guiding principles, goals and policies in the 2040 General Plan, 2023-2031
Housing Element, and adopted Specific Plans.
Planning Permits Overview: When a developer wants to build a new subdivision in the
City, or a resident wants to build a new home in the City’s Residential Hillside district they
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must apply for a permit through the Planning Division. When a particular type of business
(e.g., animal boarding facility) wants to operate in Gilroy, they may have to apply for a
conditional use permit. The Zoning Ordinance codifies the planning permit process so an
applicant understands the reason why a permit is needed (Purpose and Intent), when a
permit is needed (Applicability and Exemptions), the required process for obtaining a
permit (Notice and Administrative Review --or-- Public Hearing), the criteria used for
making a decision (Findings for Approval), potential limitations placed on the permit
(Conditions of Approval), and what is required after the permit has been issued (Post
Decision and Modifications).
During the December 5, 2024 meeting, staff will introduce preliminary drafts of the
following City’s Planning Permit processes. Additional permit processes will be presented
during the next Planning Commission study session.
PLANNING PERMITS
Architectural and Site Plan Review and Minor Modifications
The purpose of this Division is to provide the process for review of Architectural and Site
Plan Review and Minor Modification requests. The intent of the Architectural and Site
Review process is to maintain or improve the character and integrity of a neighborhood or
area by promoting excellence in development, minimizing traffic hazards or congestion,
and encouraging the most appropriate development and use of land in harmony with the
surrounding environment and in accordance with the General Plan. The intent of the Minor
Modification process is to facilitate minor changes that maintain or improve the aesthetic,
historic, architectural, landscape, or other qualities of properties.
Conditional Use Permits
The purpose of this Division is to provide the process for review of land uses which are not
allowed as a matter of right within a designated zone and require additional review due to
the nature of their use. Conditions of approval are intended to ensure land use compatibility
and minimize potential impacts that could result from allowing the use(s) at the requested
location.
Minor Use Permits
The purpose of this Division is to provide a process for review of land uses which are not
allowed as a matter of right within a designated zone and may require additional review
due to the nature of their use. The intent of the MUP is to provide a process for
administrative review of uses that do not require a public hearing due to their limited
anticipated impacts but may require specified conditions of approval.
Temporary Use Permits
The purpose of this Division is to provide the process for reviewing short-term activities,
conducted in compliance with this Division, and in accordance with the purposes and intent
of the Zoning Ordinance. Conditions of approval may be required to ensure land use
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compatibility and minimize potential impacts that could result from allowing the use(s) at
the requested location.
Variances and Minor Deviation Permits
The purpose of this Division is to provide the process for a variance from the strict
application of the Zoning Ordinance. Given the strict limitations of the Variance
requirements, the Minor Deviation permit process allows for minor deviations of specified
development standards, under certain circumstances.
NEXT STEPS: At the next meeting, the Planning Commission will review the remaining
Planning Permit sections, including but not limited to Historic Resource Alteration Permits
and Planned Development Permits. Future meetings will introduce preliminary drafts of
the more substantive sections of the Zoning Ordinance, including definitions; zoning
districts, allowed uses, and development standards; standards applicable to all zones
(e.g., parking regulations); and standards for specific land uses (e.g., drive-through
facilities). Once all preliminary drafts have been reviewed and revised per Planning
Commission direction, a comprehensive draft of the entire ordinance will be brought back
to the Commission for a recommendation to the City Council.
PUBLIC OUTREACH:
On September 12, 2024, the City advertised the zoning update in the Gilroy Dispatch. A
dedicated website https://www.cityofgilroy.org/1004/Zoning-Code-Update has also been
created and will be updated as new preliminary drafts are developed. Staff also intend to
do more extensive outreach to the business community, residential stakeholders, and
other stakeholders who would be most impacted by substantive changes to the Zoning
Code (e.g., development standards and allowed uses Downtown) These community
meetings will most likely be virtual to supplement the in-person meetings being held by
the Planning Commission.
ATTACHMENTS:
1. Background Information
2. Architectural and Site Plan Review and Minor Modifications
3. Conditional Use Permits
4. Minor Use Permits
5. Temporary Use Permits
6. Variances and Minor Deviations
7. Summary of Changes
Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
COMPREHENSIVE ZONING ORDINANCE UPDATE The Gilroy Planning Division is drafting amendments for a comprehensive update to
Gilroy City Code, Chapter 30 (Zoning Ordinance). The City has traditionally completed a comprehensive code update, following adoption of a new General Plan. For example, in November 2003 the City Council adopted a comprehensive update to the entire Zoning Ordinance following adoption of the 2020 General Plan in June 2002. In addition to minor amendments following the 2003 update, a major update was completed in 2013, followed
by minor amendments between 2013 and 2024, to primarily address state legislation that affect City regulations (e.g., Accessory Dwelling Units). The Gilroy 2040 General Plan was adopted in November 2020 and a comprehensive Zoning Ordinance update is now being proposed.
While the General Plan sets forth a wide-ranging and long-term vision for the City, the Zoning Ordinance is the primary tool used to implement General Plan goals and policies, through guidance and regulation of land use development. The current Zoning Ordinance lacks regulations for new General Plan land uses including the new City Gateway District,
Industrial Park, Employment Center and Mixed-Use districts. The update is also intended to implement community goals identified in the General Plan, including but not limited to ensuring orderly development and land use compatibility, housing needs, employment needs, recreational opportunities, commercial growth, and downtown revitalization.
In addition to addressing new land uses and policies adopted under the new General Plan, the update is intended to be responsive to needs identified by the Planning Division in their daily interactions with residents and businesses. For example, new provisions in the Temporary Use Permit Division will allow existing businesses to expand while they are applying for planning and building permits.
The update will also include a new format intended to make the Zoning Ordinance more user-friendly by adding subtitles for easy navigation, clarifying or revising language to limit misinterpretation and adding figures to better depict standards. The new Zoning Ordinance will also provide more transparency to the public regarding how city staff and
decision makers process and make decisions on development applications. Given the length and complexity of the Zoning Ordinance, the draft will be developed and presented to the general public, the Planning Commission, and the City Council, over a series of public meetings, which began with an introduction to the public and the Planning
Commission at the September 5, 2024 Planning Commission meeting.
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ZONING ORDINANCE
When reviewing the proposed amendments, the Planning Commission should determine whether the draft regulations support the following Statement of Intent, provided in section 30.1.10 of the current Zoning Ordinance:
The intent of the Zoning Ordinance is to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and the following more particular purposes:
(a) To assist in providing a definite comprehensive plan for sound and orderly development, and to guide and regulate each development in accordance with the general plan and the objectives and standards set forth therein; (b) To protect and improve the established character and the social and economic
stability of agricultural, residential, commercial, industrial and other areas of Gilroy; (c) To provide light, air, privacy and convenience of access to property; and to promote safety from fire and other dangers;
(d) To prevent overcrowding of land and undue congestion of population; (e) To regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public
thoroughfares; (f) To prezone unincorporated territory adjoining the city for the purpose of determining the zoning that shall apply to such property in the event of subsequent annexation to
the city.
GENERAL PLAN
In addition to considering the purpose of the Zoning Ordinance when reviewing the proposed
amendments, the Planning Commission should determine whether the draft regulations
support the vision, guiding principles, goals and policies in the 2040 General Plan, Housing
Element, and adopted Specific Plans. The General Plan represents the City of Gilroy’s view
of its future and expresses the community’s vision and guiding principles for development
over a 20-year horizon.
General Plan Vision Statement. The City of Gilroy’s adopted General Plan includes a vision
statement that reads as follows. In 2040, Gilroy is a diverse and culturally rich community with
a small-town feel. Gilroy’s economy is thriving, with a healthy business environment and
ample job opportunities for residents. Visitors come to Gilroy for its wineries, shopping,
festivals, and recreational opportunities. It is well-known throughout the region for its excellent
schools, agriculture, and downtown.
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General Plan Guiding Principles. The Gilroy 2040 General Plan also includes eight (8)
guiding principles: 1) Foster Economic Growth; 2) Cultivate a Downtown Renaissance; 3)
Balance Growth and Open Space; 4) Promote Fiscal Strength; 5) Foster a Sustainable
Community; 6) Ensure Public Safety; 7) Offer Recreation Opportunities; and 8) Support
Housing Options.
General Plan Land Use (LU) Element: The Gilroy 2040 General Plan Land Use Element establishes goals, policies, and programs to strategically accommodate future growth and
change while preserving and enhancing the qualities that make Gilroy a great place to live and work. The goals, policies, and programs are designed to enhance Gilroy’s neighborhoods and districts with an attractive mix of uses and amenities that expand the local economy, protect environmental resources, and improve the overall quality of life of residents. A variety of topics are discussed within the Land Use Element, including growth and change, mixed-
use districts, residential neighborhoods, commercial and industrial areas, and community design. The Land Use Element also contains a description of land use designations (e.g., mixed-use) and a Land Use Diagram illustrating a map of land uses within the City of Gilroy. Land Use Goals: The following land use goals should help guide the Planning Commission and City Council when reviewing the preliminary drafts. The associated land use policies and programs can be reviewed online in the Land Use Element. Goal LU 1: Protect and enhance Gilroy’s quality of life and unique identity while continuing
to grow and change.
Goal LU 2: Ensure the orderly development of large areas of Gilroy through specific plans.
Goal LU 3: Provide a variety of housing types that offer choices for Gilroy residents and
create complete, livable neighborhoods.
Goal LU 4: Encourage the growth and development of retail, office, service, and
entertainment uses in Gilroy to provide jobs, support City services, and make
Gilroy an attractive place to live.
Goal LU 5: Encourage, facilitate, and support the development of new employment and
industrial uses and retention of existing industry to ensure compatibility with
existing surrounding uses and planned uses.
Goal LU 6: Support agricultural uses in and around Gilroy that have and will continue to
influence Gilroy’s identity and economy.
Goal LU 7: Encourage mixed-use development projects that create vibrant, walkable
districts.
Goal LU 8: Support growth and development that preserves and strengthens the City’s
historic, small-town character; provides and maintains safe, livable, and
affordable neighborhoods; and creates beautiful places.
Goal LU 9: Encourage the growth and revitalization of Downtown to create a vibrant, high-
quality place for residents, businesses, and visitors.
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Division 30.xx.xxx – Architectural and Site Plan Review and Minor Modifications
Sections
30.xx.011 Purpose and Intent
30.xx.012 Applicability and Exemptions
30.xx.013 Notice and Administrative Review
30.xx.014 Findings for Approval
30.xx.015 Conditions of Approval
30.xx.016 Post Decision and Modifications
30.xx.011 Purpose and Intent
The purpose of this Division is to provide the process for review of Architectural and Site
Plan Review and Minor Modification requests. The intent of the Architectural and Site
Review process is to maintain or improve the character and integrity of a neighborhood
or area by promoting excellence in development, minimizing traffic hazards or
congestion, and encouraging the most appropriate development and use of land in
harmony with the surrounding environment and in accordance with the General
Plan. The intent of the Minor Modification process is to facilitate minor changes that
maintain or improve the aesthetic, historic, architectural, landscape, or other qualities of
properties.
30.xx.012 Applicability and Exemptions
A.Architectural and Site Plan Review Applicability. Architectural and Site Plan
Review shall be required for the following actions, not otherwise exempt or
allowed under the Minor Modification provisions of this Division:
1. Construction or installation of structures, including trailers and mobile
units, in an industrial, commercial, professional office, public facilities or
open space zone.
2. Site improvements in commercial and industrial zones, including, but not
be limited to, grading, paving and fencing.
3. Building additions and alterations within any twelve (12) month period
exceeding fifty percent (50%) of the floor area, facade or value of the
existing building, unless otherwise exempt under this Division. The value
shall be determined by the building valuation table in the City’s adopted
fee schedule.
4. Two or more residential units on a single parcel, unless otherwise
exempted by the Zoning Ordinance or State law.
5. Four or more single-family residential units within a subdivision, created
through an approved parcel map, tentative map or final map.
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6. Homes and accessory structures requiring Building Permits within a
Residential Hillside zone or a Planned Development overlay district,
except for additions and accessory structures approved under the Minor
Modification provisions.
7. Historic resource alteration or demolition, pursuant to Section 30.xx.xxx
(Historic Resources and Mills Act Agreements), except for an alteration
approved under the Minor Modification provisions.
8. The replacement or creation of 2,500 square feet or more of impervious
surface, except when approved through another permit process.
9. Use of a lot for outdoor uses or storage purposes, except for exterior
storage in private residential yards that conforms to other provisions of
City Code.
10. Relocated buildings and demolitions that, due to their size, nature,
condition, or other factors, are determined by the Community
Development Director to require an Architectural and Site Review Permit,
including but not limited to the following:
a. Relocation or demolition of residential structures that are protected
under Federal, State, or local law.
b. Relocation or demolition of nonresidential buildings that are 1,000
square feet or greater in area.
B.Minor Modification Permit Applicability. Modifications of an approved
Architectural and Site Review Permit or a completed and occupied Planned
Development project (pursuant to Division 30.xxx.xxx) may be considered for the
following actions, not otherwise exempt, or requiring a full Architectural and Site
Review or Planned Development Permit. The Minor Modification process may
also be utilized for property developed prior to the requirement of such permits.
No proposals requiring a new Negative Declaration, Mitigated Negative
Declaration, or Environmental Impact Report as clearance under the California
Environmental Quality Act shall be allowed through the Minor Modification
process.
1. Changes to previously approved development permits but only for minor
modification of architectural elements, exterior lighting or landscape
details (including but not limited to minor storefront alterations, relocation
of doors, equipment screening, minor landscape furniture and structures,
benches, small trellises, and planters) which do not affect the use,
intensity, general character, architectural style, circulation or other site
function of the project.
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2. The replacement or creation of less than 2,500 square feet of impervious
surface, including structures, pavement, or any other surface.
3. The replacement, repaving, reconfiguration, or restriping of parking
spaces on existing surfaces.
4. Nonresidential building additions or accessory structures of less than
1,000 square feet in area, or less than twenty percent (20%) of the total
building area prior to the addition, whichever is smaller.
5. Residential building additions or accessory structures of less than 250
square feet in area, or less than twenty percent (20%) of the total building
area prior to the addition, whichever is smaller, to single-family residences
in the Residential Hillside zone or a Planned Development overlay district,
a duplex, or a multiple-family building; provided that current parking
regulations are being met and would continue to be met after the
completion of any addition and provided that site amenities are not
adversely impacted.
6. Above ground storage tanks of 2,000 gallons or less in zoning districts
other than industrial zone and an above ground storage tank of 10,000
gallons or less in an industrial zone.
7. Demolition of nonresidential buildings less than 1,000 square feet in area.
8. For historic resource properties, minor modifications of
a. Architectural elements, landscape details (including but not limited
to equipment screening, minor landscape furniture and structures,
benches, small trellises and planters), or installation of new or
additional pavement that do not affect the historic significance, use,
intensity, general character, architectural style, circulation or other
site function of the property.
b. Accessory structures or building additions that do not exceed 250
square feet in area and that are consistent with historic
compatibility criteria and applicable design guidelines and
standards.
9. Other similar minor items, as determined by the Community Development
Director.
C.Exemptions. The following actions are exempt from this Division, but shall be
reviewed for compliance with the Zoning Ordinance and applicable permit
processes:
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1. Accessory structures not requiring a Building Permit and that are
consistent with zoning regulations and adopted City policies.
2. Residential development that is exempt from discretionary review under
state law, or by adopted policy of the City of Gilroy City Council, including
but not limited to Accessory Dwelling Units and Junior Accessory Dwelling
Units which are regulated pursuant to Section 30.xX.xxx.
3. Building additions and alterations that are determined by the Community
Development Director to not be significant in terms of potential impacts to
surrounding land uses and that meet all other minimum City standards.
4.Single-family detached residences that are not within the rResidential
Hillside zone or a Planned Development overlay district.
5. Construction of three or fewer single-family residential dwelling units within
the same parcel map, tentative map, or final map.
6. Minor repair and/or maintenance to existing structures, landscaping,
parking, or other site improvements to keep the site in good repair and
condition.
7. Demolition or removal of:
a. Any building that the City Building Official has determined to be an
immediate threat to public health or safety, or that has been
ordered to be removed or demolished by the City Administrator or a
court of law, or that due to its size, nature, condition, or other
factors are determined by the Community Development Director to
not require a permit pursuant this Division.
b.A nonhistoric single-family home for which Building Permits have
been issued for a replacement single-family home, and the owner
has complied with the housing replacement requirements of State
law.
30.xx.013 Notice and Administrative Review.
A.Applications for Architectural and Site Plan Review and Minor Modifications shall
be subject to administrative review by the Community Development Director,
except when a public hearing and review by the Planning Commission or City
Council is required by this Zoning Ordinance, or referral by the Community
Development Director. The Community Development Director shall have the
authority to refer an application to the Planning Commission when determined
necessary to promote and protect the public health, safety, peace, comfort,
convenience, and general welfare. Architectural and Site Review notice shall be
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required in compliance with Division 30.07.020. The decision to grant, deny or
condition a minor modification is an administrative determination and requires no
hearing or public notice.
B.Scope of Review. The Community Development Director may request any
information, including maps, technical reports, and/or design renderings, deemed
necessary to evaluate the application and ensure that the development
addresses and adequately meets development standards for the following:
1.Traffic Safety and Circulation
a. Traffic volume and conditions on abutting or access streets.
b. Street improvements, including lighting.
c. Circulation patterns within the development, including the locations
and dimensions of vehicular and pedestrian entrances, exits,
drives, walkways, buildings and other related facilities.
d. Adequacy of off-street parking.
e. Surfacing, lighting and landscaping of off-street parking facilities.
f. Location, quantity, height of materials, and shape of landscaped
areas.
g. Adequacy, location, arrangement and dimensions of truck loading
and unloading facilities.
2. Advertising and Signage
a. Potential traffic hazards.
b. Appearance.
c. Harmony with adjacent development.
d. Favorable image of the city.
e. Number, area, bulk, shape, height, location, separation, clearance,
projection, illumination, color and landscaping of such signs.
3. Site Development
a. Physical characteristics of the site.
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b. Existing and proposed easements.
c. Appearance and harmony of buildings with adjacent development,
the character of the neighborhood, and existing and projected
public improvements.
d. Location, appearance and orientation of structures, open spaces
and activities.
e. Determination of boundaries, building setbacks and uses intended.
4. Landscaping
a. Harmony with adjacent development.
b. Concealment of storage areas, utility installations, or other unsightly
development.
c. Quantity, location, height and materials of walls and fences,
hedges, screen planting and landscaped areas.
d. Planting of ground cover or other surfacing to prevent erosion and
reduce dust.
e. Unnecessary destruction of healthy trees.
f. Facilities and methods of insuring continued maintenance of
landscaping.
5. Drainage and Flood Control and Health Standards
a. Effect on flood control and storm and surface water drainage
facilities.
b. Additional flood control and drainage improvements required.
c. Minimum health standards.
d. Consistency with the city’s adopted flood plain management
ordinance.
6. Fire Protection
a. Additional fire protection improvements required.
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b. Location, number and type of such improvements.
c. Adequacy of the water supply for fire protection purposes.
7. Environmental Impacts
a. Consistency with the city’s adopted environmental review
procedures and process.
b. Consistency with the California Environmental Quality Act (CEQA).
30.xx.014 Findings for Approval
A.Architectural and Site Review Permits: The review authority may either
approve, approve in modified form, conditionally approve, or deny the permit
application, based upon all of the following findings:
1. The project is consistent with the General Plan and any applicable specific
plan;
2. The project complies with all applicable provisions of City Code and other
adopted City policies and regulations;
3. The project addresses and adequately meets development standards for
traffic safety and circulation, signage, site development, landscaping,
drainage and flood control, health standards, and fire protection; and
4. The project complies with the City’s adopted environmental review
procedures and the provisions of the California Environmental Quality Act
(CEQA).
B.Minor Modification Permits: The review authority may either approve, approve
in modified form, conditionally approve, or deny the permit application, based
upon all of the following findings:
1. The proposed modifications are consistent with the General Plan and any
applicable specific plan, and comply with all applicable provisions of City
Code and other adopted City policies and regulations; and
2. The proposed modification and overall development are in substantial
conformance with the conditions and intent of the approved Architectural
and Site Review or Planned Development permit. If found to be
significantly out of conformance, the applicant shall apply for a full
Architectural and Site Review or Planned Development Permit.
3. The project is exempt from CEQA.
30.xx.015 Conditions of Approval
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The review authority may impose conditions deemed reasonable and necessary to meet
the findings for approval, to carry out the requirements of City Code, and to minimize
significant impacts to the community’s health, comfort, or general welfare. The following
minimum conditions shall be standard on all Architectural and Site Plan Review
approvals, where applicable:
A.Landscaping. Landscaping plans including specifications for an irrigation
system shall be approved by the Community Development Director in
compliance with Division 30.xx.xxx (Landscaping), before issuance of a Building
Permit. The landscaping shall be continuously maintained in an orderly, live,
healthy, and relatively weed-free condition, in compliance with the approved
specific landscape plan or City standards.
B.Trash Enclosures. All trash enclosures shall consist of visually solid fences and
gates, six feet in height, in compliance with the adopted City standard trash
enclosure design plan, or a similar design approved by the Community
Development Director. All trash enclosures shall be located in compliance with
the approved site plan, Uniform Fire Code, and the California Fire Code. In
addition, and unless otherwise required by the Community Development Director,
recycling areas must be provided within trash enclosures, in accordance with the
following regulations:
1. Areas for recycling shall be adequate in capacity, number, and distribution
to serve the development project.
2. Dimensions of the recycling area shall accommodate receptacles
sufficient to meet the recycling needs of the development project.
3. An adequate number of bins or containers to allow for the collection and
loading of recyclable materials generated by the development project
should be located within the recycling area.
C.Exterior Lighting. No unobstructed beam of exterior lighting shall be directed
outward from the site toward any residential use or public right-of-way. Lighting
shall be designed to illuminate the intended area and prevent offsite glare.
D.Mechanical Equipment. Mechanical equipment to be located on the roof of a
structure shall be screened by an architectural feature of the structure such that it
cannot be seen from ground level at the far side of the adjacent public right-of-
way.
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E.Outdoor Storage. All outdoor storage and loading areas shall be screened from
public view with a combination of landscaping, solid fencing, and structure design
and orientation.
F.Backflow Devices. Backflow devices shall be painted so that they blend with
their surroundings and integrated with landscaping to provide screening.
30.xx.016 Post Decision and Minor Modifications
In addition to the post decision provisions of Section 30.07.017, the following shall apply
to issuance of an Architectural and Site Plan Review Permit:
A.Notification of Decision. The Planning Department shall provide the applicant
with a letter of determination to approve, approve in modified form, conditionally
approve, or deny the permit application. The Community Development Director
shall report to the Planning Commission all approvals and disapprovals. For
Minor Modification Permits, approval may be issued by the Planning Department
in the form of a stamp, letter, or Building Permit authorization.
B.Appeal. The decision may be appealed by written request and payment of the
appeal fee within twenty (20) days of the determination, in compliance with
Division 30.07.030 (Appeals). The action on a Minor Modification Permit shall be
final, and where denied the applicant can file an application for an appropriate
development permit.
C.Terms of Approval. A Building Permit shall not be issued until Architectural and
Site Review or Minor Modification approval is obtained from the Community
Development Director or the Planning Commission, where applicable. If Building
Permits are not obtained within 12 months from the effective date of approval,
the approval shall be automatically revoked. A 12-month extension of time may
be granted by the Community Development Director upon written request prior to
the expiration date of the approval.
D.Inspection Prior to Use and Occupancy. The conditions of approval may
prohibit a building, structure or land use from occupancy until an inspection has
been made and it is found that the building, structure or land use complies with
the approved plans and the conditions of approval. In such case, a Building
Permit shall not be finaled until the Planning Division has inspected the building
or structure and approved the use and occupancy.
E.Modifications. As provided in Section 30.07.017, and the Minor Modification
Permit process in this Division, minor revisions of an approved permit, which
meet the requirements of the Zoning Ordinance and conditions of approval, may
be approved by the Community Development Director. Otherwise, modifications
and changes to the conditions of approval shall require approval from the
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designated review authority, unless otherwise stated in the adopted conditions of
approval.
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Division 30.xx.xxx – Conditional Use Permits
Sections
30.xx.011 Purpose and Intent
30.xx.012 Applicability and Exemptions
30.xx.013 Notice and Public Hearing
30.xx.014 Findings for Approval
30.xx.015 Conditions of Approval
30.xx.016 Post Decision and Modifications
30.xx.011 Purpose and Intent
The purpose of this Division is to provide the process for review of land uses which are
not allowed as a matter of right within a designated zone and require additional review
due to the nature of their use. Conditions of approval are intended to ensure land use
compatibility and minimize potential impacts that could result from allowing the use at
the requested location.
30.xx.012 Applicability and Exemptions
This Division applies to any use listed in the Zoning Ordinance development standards
table that requires a Conditional Use Permit in the applicable zone. No exemptions
apply.
30.xx.013 Notice and Public Hearing
Applications for a Conditional Use Permit shall be subject to a public hearing and review
by the Planning Commission. Notice and public hearing shall be required in compliance
with Division 30.xx.xxx.
30.xx.014 Findings for Approval
The review authority may either approve, approve in modified form, conditionally
approve, or deny the permit application, based upon all the following findings:
A. The use is consistent with the General Plan and any applicable specific plan;
B. The use complies with all applicable provisions of the City Code and other
adopted City policies and regulations;
C. As proposed and conditioned, operation of the use at the subject location would
be compatible with the surrounding uses, and to the community as a whole;
D. The use is adequately served by transportation facilities, utilities, and services in
the vicinity;
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E.The use will not adversely affect other property in the vicinity, or cause any
damage, hazard, or significant nuisance to persons or property; and
F.The project complies with the City’s adopted environmental review procedures
and the provisions of the California Environmental Quality Act (CEQA).
30.xx.015 Conditions of Approval
The review authority may impose conditions deemed reasonable and necessary to carry
out the requirements of the Zoning Ordinance and to minimize significant impacts to the
community’s health, comfort, or general welfare. Conditions of approval may include,
but not be limited to the following:
A. Setbacks, open spaces, buffers, walls, fences, concealing hedges, landscaping.
B. Performance standards, related to noise, vibration and other potentially
dangerous or objectionable elements.
C. Limits on the operation for the conduct of specified activities, including but not
limited to hours of operation.
D. Guarantees as to compliance with the terms of the approval.
30.xx.016 Post Decision and Modifications
In addition to the post decision provisions of Section 30.07.017, the following shall apply
to issuance of a Conditional Use Permit:
A.Notification of Decision. The Planning Department shall provide the applicant
with a letter of determination to approve, approve in modified form, conditionally
approve, or deny the permit application.
B.Appeal. The decision may be appealed by written request and payment of the
appeal fee within twenty (20) days of the determination, in compliance with
Division 30.07.030 (Appeals).
C.Terms of Approval. A Building Permit shall not be issued until Conditional Use
Permit approval is obtained from the Planning Commission. If Building Permits
are not obtained within 12 months from the effective date of approval, the
approval shall be automatically revoked. A 12-month extension of time may be
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granted by the Community Development Director upon written request prior to
the expiration date of the approval.
D.Inspection Prior to Use and Occupancy. The conditions of approval may
prohibit a building, structure or land use from occupancy until an inspection has
been made and it is found that the building, structure or land use complies with
the approved plans and the conditions of approval. In such case, a Building
Permit shall not be finaled until the Planning Division has inspected the building
or structure and approved the use and occupancy.
E.Modifications. As provided in Section 30.07.017, minor revisions of an approved
permit, which meet the requirements of the Zoning Ordinance and conditions of
approval, may be approved by the Community Development Director. Otherwise,
modifications and changes to the conditions of approval shall require
reapplication and approval from the designated review authority, unless
otherwise stated in the adopted conditions of approval. The Planning
Commission may modify or waive any conditions if it finds that such modification
or waiver is necessary for the preservation of an applicant’s substantial property
right or to avoid practical difficulties or unnecessary hardship, and that the
modification or waiver would be consistent with the intent of the Zoning
Ordinance.
F.Continued Operation. An approved use maintained in continuous compliance
with the conditions of approval and the provisions of this Division shall continue
to be valid at the subject property upon any change of property ownership, in the
same manner as it was originally approved and in compliance with City Code,
unless the subject of the use permit ceases to exist, or is suspended for 12
months or more.
G.Expiration. Whenever a use for which a Conditional Use permit has been issued
is discontinued for 12 months, such use shall not be rPestablished unless it is
authorized under a new Conditional Use Permit.
H.Revocation. The Planning Commission may, after having given notice to the
complainant and permittee and after holding a public hearing, revoke or modify
the approved permit if the Planning Commission determines that the use is
detrimental to the public health and safety so as to constitute a nuisance. Any
approval granted by the review authority shall be immediately null and void if any
one of the following exists:
1. The approval was obtained by fraud or incorrect information.
2. The use for which such approval was granted is not being exercised.
3. The use for which such approval was granted has ceased to exist or has
been suspended for 12 months or more.
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4. The plan, permit or use granted is being, or recently has been, exercised
contrary to the terms or conditions of such approval, or in violation of any
statute, ordinance, law or regulation.
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Division 30.xx.xxx – Minor Use Permits
Sections
30.xx.011 Purpose and Intent
30.xx.012 Applicability and Exemptions
30.xx.013 Administrative Review
30.xx.014 Findings for Approval
30.xx.015 Conditions of Approval
30.xx.016 Post Decision and Modifications
30.93.010 Purpose and Intent
The purpose of this Division is to provide the process for review of land uses which are
not allowed as a matter of right within a designated zone and require additional review
due to the nature of their use. The intent of the Minor Use Permit is to provide a process
for administrative review of uses that do not require a public hearing due to their limited
anticipated impacts but may require specified conditions of approval.
30.xx.012 Applicability and Exemptions
This Division applies to any use listed in the Zoning Ordinance development standards
table that requires a minor use permit in the applicable zone. No exemptions apply.
30.xx.013 Administrative Review
Applications for a Minor Use Permit shall be subject to administrative review by the
Community Development Director. The decision to grant, deny or condition a Minor Use
Permit is an administrative determination and requires no hearing or public notice.
However, the Community Development Director shall have the authority to require
public notice and to refer an application to the Planning Commission for a public hearing
when determined necessary to promote and protect the public health, safety, peace,
comfort, convenience, and general welfare.
30.xx.014 Findings for Approval
The review authority may either approve, approve in modified form, conditionally
approve, or deny the permit application, based upon all the following findings:
A. The use is consistent with the General Plan and any applicable specific plan;
B. The use complies with all applicable provisions of the City Code and other
adopted City policies and regulations;
C. As proposed and conditioned, operation of the use at the subject location would
be compatible with the surrounding uses, and to the community as a whole;
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D. The use is adequately served by transportation facilities, utilities, and services in
the vicinity;
E.The use will not adversely affect other property in the vicinity, or cause any
damage, hazard, or significant nuisance to persons or property; and
F. The use is exempt from the California Environmental Quality Act.
30.93.040 Conditions of Approval
The review authority may impose conditions deemed reasonable and necessary to carry
out the requirements of the Zoning Ordinance and to minimize significant impacts to the
community’s health, comfort, or general welfare. Conditions of approval may include,
but not be limited to the following:
A. Setbacks, open spaces, buffers, walls, fences, concealing hedges, landscaping.
B. Performance standards, related to noise, vibration and other potentially
dangerous or objectionable elements.
C. Limits on the operation for the conduct of specified activities, including but not
limited to hours of operation.
D. Guarantees as to compliance with the terms of the approval.
30.xx.016 Post Decision and Modifications
In addition to the post decision provisions of Section 30.07.017, the following shall apply
to issuance of a Minor Use Permit:
A.Notification of Decision. The Planning Department shall provide the applicant
with a letter of determination to approve, approve in modified form, conditionally
approve, or deny the permit application. The Community Development Director
shall report to the Planning Commission all approvals and disapprovals.
B.Appeal. The decision may be appealed by written request and payment of the
appeal fee within twenty (20) days of the determination, in compliance with
Division 30.07.030 (Appeals).
C.Terms of Approval. A Building Permit shall not be issued until Minor Use Permit
approval is obtained from the Community Development Director. If Building
Permits are not obtained within 12 months from the effective date of approval,
the approval shall be automatically revoked. A 12-month extension of time may
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be granted by the Community Development Director upon written request prior to
the expiration date of the approval.
D.Inspection Prior to Use and Occupancy. The conditions of approval may
prohibit a building, structure or land use from occupancy until an inspection has
been made and it is found that the building, structure or land use complies with
the approved plans and the conditions of approval. In such case, a Building
Permit shall not be finaled until the Planning Division has inspected the building
or structure and approved the use and occupancy.
E.Modifications. As provided in Section 30.07.017, minor revisions of an approved
permit, which meet the requirements of the Zoning Ordinance and conditions of
approval, may be approved by the Community Development Director. Otherwise,
modifications and changes to the conditions of approval shall require
reapplication and approval from the designated review authority, unless
otherwise stated in the adopted conditions of approval. The Planning
Commission may modify or waive any conditions if it finds that such modification
or waiver is necessary for the preservation of an applicant’s substantial property
right or to avoid practical difficulties or unnecessary hardship, and that the
modification or waiver would be consistent with the intent of the Zoning
Ordinance.
F.Continued Operation. An approved use maintained in continuous compliance
with the conditions of approval and the provisions of this Division shall continue
to be valid at the subject property upon any change of property ownership, in the
same manner as it was originally approved and in compliance with City Code,
unless the subject of the use permit ceases to exist, or is suspended for 12
months or more.
G.Expiration. Whenever a use for which a Minor Use Permit has been issued is
discontinued for 12 months, such use shall not be reestablished unless it is
authorized under a new Minor Use Permit.
H.Revocation. The Planning Commission may, after having given notice to the
complainant and permittee and after holding a public hearing, revoke or modify
the approved permit if the Planning Commission determines that the use is
detrimental to the public health and safety so as to constitute a nuisance. Any
approval granted by the review authority shall be immediately null and void if any
one of the following exists:
1. The approval was obtained by fraud or incorrect information.
2. The use for which such approval was granted is not being exercised.
3. The use for which such approval was granted has ceased to exist or has
been suspended for 12 months or more.
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4. The plan, permit or use granted is being, or recently has been, exercised
contrary to the terms or conditions of such approval, or in violation of any
statute, ordinance, law or regulation.
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Division 30.xx.xxx – Temporary Use Permits
Sections
30.xx.011 Purpose and Intent
30.xx.012 Applicability and Exemptions
30.xx.013 Administrative Review
30.xx.014 Findings for Approval
30.xx.015 Conditions of Approval
30.xx.016 Post Decision and Modifications
30.xx.011 Purpose and Intent
The purpose of this Division is to provide the process for reviewing short-term activities,
conducted in compliance with this Division, and in accordance with the purposes and
intent of the Zoning Ordinance. Conditions of approval may be required to ensure land
use compatibility and minimize potential impacts that could result from allowing the use
at the requested location.
30.xx.012 Applicability and Exemptions
A.Applicability. A Temporary Use Permit may be issued for the following actions:
1.Temporary Construction Structures and Uses. Temporary
construction trailers and/or an on-site caretaker quarters incidental to the
construction of a structure or group of structures on the same or adjacent
premises, for the duration of the construction period.
2.Sales Offices. A temporary model home or sales office, including
associated temporary signage, during the period of construction or sale of
homes in a new subdivision if located in a dwelling or in a temporary
structure that complies with setback requirements for a main structure.
3.Temporary Business Expansion. Temporary structures or
improvements located on the same or adjacent property that are
requested to accommodate immediate expansion needs of an existing
business, and only to allow time for the business to acquire permits for
permanent expansion or relocation of the business within the City. The
review authority may temporarily waive parking or setback standards for
the duration of the permit, provided that the temporary waiver would not
have a substantial adverse effect on the site operations or surrounding
land uses. The initial permit term shall not exceed 180 days. The
Community Development Director may approve an extension up to an
additional 90 days if the applicant has satisfied all permit application
submittal requirements for the permanent expansion or relocation of the
business. An extension of more than 90 days may require the installation
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of specified site improvements, conditions of approval, and additional
permits from the City.
4.Seasonal Sales and Temporary Events. The following temporary uses
or activities may be allowed subject to a time limit not to exceed 30
aggregate days per calendar year, or as otherwise permitted by the review
authority:
a. Temporary events and activities not covered under the City’s
Special Event Permit process, and subject to the issuance of
applicable City permits.
b. Holiday and seasonal events including haunted house, open-air
sale of Christmas trees and pumpkins, and other similar events, in
conjunction with the issuance of applicable City permits.
c. Sales of fireworks, as regulated by all applicable City policies and
ordinances.
5. The Community Development Director may allow other temporary
activities that are determined to be similar in nature to the activities in this
Section, and where no safety hazards will result from the proposed use.
B. Exemptions. The following actions are exempt from this Division, but may be
subject to other permit requirements:
1.Emergency Facilities. Emergency public health and safety facilities or
land use activities, as determined by the City Administrator.
2.Special Events. Activities that are covered under a Special Events
Permit.
3.Garage and Yard Sales. In compliance with standards established in
Section 13.44(d) of Chapter 13 of the City Code.
4.Outdoor Sales. Outdoor sales with merchandise displayed on any public
right-of-way, public street or sidewalk, when approved through an
encroachment permit from the Public Works Department.
5.Temporary Construction Storage. Temporary storage containers placed
on the same site of a project for which an active Building Permit has been
issued, and in accordance with any stipulations, timelines, or conditions
applied to issuance of the Building Permit.
30.xx.013 Administrative Review
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Applications for a Temporary Use Permit shall be subject to administrative review by the
Community Development Director. The decision to grant, deny or condition a
Temporary Use Permit is an administrative determination and requires no hearing or
public notice.
30.xx.014 Findings for Approval
The review authority may either approve, approve in modified form, conditionally
approve, or deny the permit application, based upon all of the following findings:
A. The temporary use is consistent with the General Plan and any applicable
specific plan, and complies with all applicable provisions of City Code and other
adopted City policies and regulations;
B. As proposed and conditioned, the use will not adversely affect other property in
the vicinity, or cause any damage, hazard, or significant nuisance to persons or
property; and
C. The use is exempt from the California Environmental Quality Act.
30.xx.015 Conditions of Approval
The review authority may impose conditions deemed reasonable and necessary to meet
the findings for approval, to carry out the requirements of City Code, and to minimize
significant impacts to the community’s health, comfort, or general welfare. Conditions of
approval may include, but not be limited to the following:
A. Setbacks, open spaces, buffers, walls, fences, concealing hedges, landscaping.
B. Performance standards, related to noise, vibration and other potentially
dangerous or objectionable elements.
C. Limits on the operation for the conduct of specified activities, including but not
limited to hours of operation.
D. Guarantees as to compliance with the terms of the approval, including but not
limited to removal of the temporary structures or use and restoration of the site.
30.xx.016 Post Decision and Restoration of Site
In addition to the post decision provisions of Section 30.07.017, the following shall apply
to issuance of a Temporary Use Permit:
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A.Notification of Decision. The Planning Department shall provide the applicant
with a letter of determination to approve, approve in modified form, conditionally
approve, or deny the permit application.
B.Appeal. The decision may be appealed by written request and payment of the
appeal fee within twenty (20) days of the determination, in compliance with
Division 30.07.030 (Appeals).
C.Terms of Approval. A Building Permit shall not be issued until Temporary Use
Permit approval is obtained from the Community Development Director. If
Building Permits are not obtained within three months from the effective date of
approval, the approval shall be automatically revoked. An extension of time may
be granted in accordance with this Division.
D.Inspection Prior to Use and Occupancy. The conditions of approval may
prohibit a building, structure or land use from occupancy until an inspection has
been made and it is found that the building, structure or land use complies with
the approved plans and the conditions of approval. In such case, a Building
Permit shall not be finaled until the Planning Division has inspected the building
or structure and approved the use and occupancy.
E. Modifications. Due to the temporary nature of the approval, no modifications to
the use or deviations from the conditions of approval are permitted.
F.Restoration of Site and Revocation. At the end of the approval period, the site
shall be cleared of all temporary structures, equipment, materials, debris, litter, or
any other evidence of the temporary use. The premises shall be restored to pre-
existing conditions when compliant with City regulations, within thirty (30) days or
as otherwise specified in the permit conditions. Violation of any condition of
approval may be grounds for immediate revocation of the Temporary Use Permit
and/or other enforcement action.
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Division 30.xx – Variances and Minor Deviation Permits
Sections
30.xx.011 Purpose and Intent
30.xx.012 Applicability and Exemptions
30.xx.013 Notice and Administrative Review or Public Hearing
30.xx.014 Findings for Approval
30.xx.015 Conditions of Approval
30.xx.016 Post Decision and Modifications
30.xx.011 Purpose and Intent
The purpose of this Division is to provide the process for a variance from the strict
application of the Zoning Ordinance, excluding land use. Given the strict limitations of
the Variance Permit requirements, the Minor Deviation Permit process allows for minor
deviations of specified development standards, under certain circumstances.
30.xx.012 Applicability and Exemptions
This Division is applicable when the strict and literal interpretation of the regulations in
the particular case would involve practical difficulties or unnecessary hardship, and only
to the extent necessary to overcome such difficulties or unnecessary hardship. Each
application shall be reviewed on a case-by-case basis and the approval of a prior
Variance or Minor Deviation for another property is not precedent for the approval of a
new Variance or Minor Deviation. Use variances are not permitted and there are no
exemptions to this Division.
Table 30.xx-1
Types of Minor Deviations Allowed
Types of Minor Deviations Maximum Deviation
Parking Space Requirements. Reduction in the number of required
on-site parking stalls.
25 percent, or up to 4
stalls, whichever is less
Setbacks. A decrease in a required setback, except that no projection
into a public utility easement or property boundary is allowed.25 percent
Building Site Coverage. An increase in the maximum site coverage
allowance, when in compliance with stormwater runoff regulations.25 percent
30.xx.013 Notice and Administrative Review or Public Hearing
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A.Variances. Applications for a Variance shall be subject to a public hearing and
review by the Planning Commission. Notice and public hearing shall be required
in compliance with Division 30.07.020.
B.Minor Deviations. Applications for a Minor Deviation shall be subject to
administrative review by the Community Development Director. The decision to
approve, deny or condition a minor deviation is an administrative determination
and does not require notice or a public hearing.
30.xx.014 Findings for Approval
A.Variance Findings. The review authority may either approve, approve in
modified form, conditionally approve, or deny the permit application, based upon
all of the following findings:
1. The Variance is consistent with the General Plan and any applicable
specific plan;
2.The Variance is in harmony with the general purpose and intent of the
Zoning Ordinance and in accordance with the specific regulations therein;
3. Due to special circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict application of the
Zoning Ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification;
4. Approving the Variance would not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and
zone in which such property is situated;
5. The requested Variance would not authorize a use or activity which is not
otherwise expressly authorized by the zone regulation governing the
parcel of property; and
6. The project complies with the provisions of the California Environmental
Quality Act.
B.Minor Deviation Findings. The review authority may either approve, approve in
modified form, conditionally approve, or deny the permit application, based upon
all of the following findings:
1. Unique characteristics are applicable to the site or project that make strict
adherence to the Zoning Ordinance requirements impractical or infeasible;
2. Granting the Minor Deviation will result in development compatible and
consistent with the adjoining properties and the immediate neighborhood;
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3. Granting the Minor Deviation will comply with the intent and purposes of
the zone for the subject property; and
4. There are no significant adverse impacts from the proposed Minor
Deviation, and the project complies with the provisions of the California
Environmental Quality Act.
30.xx.015 Conditions of Approval
The review authority may impose conditions deemed reasonable and necessary to carry
out the requirements of the Zoning Ordinance and to minimize significant impacts to the
community’s health, comfort, or general welfare. Conditions of approval may include,
but not be limited to guarantees as to compliance with the terms of the approval.
30.xx.xxx Post-Decision
In addition to the post decision provisions of Section 30.07.017, the following shall apply
to issuance of a Variance or Minor Deviation Permit:
A.Notification of Decision. The Planning Department shall provide the applicant
with a letter of determination to approve, approve in modified form, conditionally
approve, or deny the permit application. The Community Development Director
shall report to the Planning Commission all approvals and disapprovals.
B.Appeal. The decision may be appealed by written request and payment of the
appeal fee within twenty (20) days of the determination, in compliance with
Division 30.07.030 (Appeals).
C.Terms of Approval. A Building Permit shall not be issued until Variance or Minor
Deviation approval is obtained from the Community Development Director or the
Planning Commission, where applicable. If Building Permits are not obtained
within 12 months from the effective date of approval, the approval shall be
automatically revoked. A 12-month extension of time may be granted by the
Community Development Director upon written request prior to the expiration
date of the approval.
D.Inspection Prior to Use and Occupancy. The conditions of approval may
prohibit a building, structure or land use from occupancy until an inspection has
been made and it is found that the building, structure or land use complies with
the approved plans and the conditions of approval. In such case, a Building
Permit shall not be finaled until the Planning Division has inspected the building
or structure and approved the use and occupancy.
E.Modifications. As provided in Section 30.07.017, minor revisions of an approved
permit, which meet the requirements of the Zoning Ordinance and conditions of
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approval, may be approved by the Community Development Director. Otherwise,
modifications and changes to the conditions of approval shall require
reapplication and approval from the designated review authority, unless
otherwise stated in the adopted conditions of approval.
F.Continued Operation. An approved Variance maintained in continuous
compliance with the conditions of approval and the provisions of this Division
shall continue to be valid at the subject property upon any change of property
ownership, in the same manner as it was originally approved and in compliance
with City Code, unless the subject of the Variance ceases to exist, or is
suspended for 12 months or more.
G.Revocation. The Planning Commission may, after having given notice to the
complainant and permittee and after holding a public hearing, revoke or modify
the approved permit if the Planning Commission determines that the permit or
Variance is detrimental to the public health and safety so as to constitute a
nuisance. Any approval granted by the review authority shall be immediately null
and void if any one of the following exists:
1. The approval was obtained by fraud or incorrect information.
2. The Variance or Minor Deviation for which such approval was granted is
not being exercised.
3. The Variance or Minor Deviation for which such approval was granted has
ceased to exist or has been suspended for 12 months or more.
4. The Variance or Minor Deviation granted is being, or recently has been,
exercised contrary to the terms or conditions of such approval, or in
violation of any statute, ordinance, law or regulation.
Architectural and Site Plan Review and Minor Modifications
New Section Existing Section Overview of Changes
Purpose and Intent 30.50.40, 30.50.41(b)
Added purpose statement. Intent statement is generally the same as
existing. Moved up intent statement for minor modifications from existing
section 30.50.41(b).
Applicability and
Exemptions
30.50.41(a) (1) – (11),
30.50.41(b)
Generally, the same (moved from 30.50.41 Review to this new section), but
reorganized so residential uses are grouped together,
commercial/industrial uses are grouped together, site improvements are
grouped together, etc. Some language simplified. Language that was only
referenced as a link in the existing code is now explicit in the proposed
code (e.g., 30.26.50b, 30.50.47d). “Exempt” or “except” uses were moved
to a new Exemptions section.
Notice and
Administrative Review
30.50.41(a)
30.50.41(b)
30.50.43
The type of review required for either an Architectural and Site Plan Review
or a Minor Modification has not changed but has been moved to this new
section, for easier reference. The scope of review is generally the same and
now located in this new section.
Findings for Approval 30.50.41(b)
New findings section for transparency that all development must be
consistent with the General Plan, applicable specific plan, City Code,
CEQA, and the scope of review outlined in the current code.
Conditions of Approval 30.50.41(b)
30.50.44 Generally, the same.
Post Decision and
Modifications
30.50.41(b)
30.50.47
30.51.50 Appeal procedure
30.51.90 Expiration
Generally, the same, but these standards have been grouped together
rather than scattered throughout the Division as they are currently.
Language now used in other permit processes for consistency.
Conditional Use Permits
New Section Existing Section Overview of Changes
Purpose and Intent New section. Language consistent with format for other proposed
Divisions.
Applicability and
Exemptions 30.50.30 (a)References to unreinforced masonry (URM) buildings removed since
these provisions are no longer necessary.
Notice and Public
Hearing 30.50.30 (b)Language consistent with format for other proposed Divisions.
Findings for Approval 30.50.30 (b) (1) and (2)
Existing findings retained and used in other use permit divisions.
Added language consistent with Architectural and Site review findings
for transparency that all development must be consistent with the
General Plan, applicable specific plan, City Code, and CEQA.
Conditions of Approval 30.50.30 (c)Existing conditions retained and used in other use permit divisions.
Post Decision and
Modifications
30.50.30 (d) and (e)
30.51.50 Appeal procedure
30.51.80 Revocation
30.51.90 Expiration
Updated to match language used in other permit processes, for
consistency.
Minor Use Permits (NEW) New administrative process for uses that do not require a public hearing due to their limited
anticipated impacts but may require specified conditions of approval. An example is a farmer’s market.
New Section Existing Section Overview of Changes
Purpose and Intent n/a Language consistent with format for other proposed Divisions.
Applicability and
Exemptions n/a Language consistent with CUP Division
Administrative Review n/a Language included that allows Director to require public notice and a
public hearing before the Planning Commission.
Findings for Approval n/a Language consistent with CUP Division
Conditions of Approval n/a Language consistent with CUP Division
Post Decision and
Modifications
n/a
30.51.50 Appeal procedure
30.51.80 Revocation
30.51.90 Expiration
Language consistent with CUP Division
Temporary Use Permits
New Section Existing Section Overview of Changes
Purpose and Intent New section. Language consistent with format for other proposed Divisions.
Applicability and
Exemptions
30.47.20
30.47.30
Several modifications are proposed in response to needs that frequently come up
from applicants. Added Temporary Business Expansion as a means to allow
businesses to expand while they are going through the planning process. Added
caretakers quarters under temporary construction for site security purposes.
Outdoor sales on public property are now exempt when approved through an
encroachment permit from the Public Works Department (eliminating a double
process). Activities that are processed through the special event permit process
are also listed as exempt (eliminating a double process). Modified “30
consecutive days per calendar year” to “30 aggregate days per calendar year” to
be more flexible for seasonal sales and temporary events, which are typically
shorter in length but may happen multiple times per year. Added a new exempt
section for transparency of events and activities that don’t require a TUP but often
come up as questions from the public or staff.
Administrative Review New section. Language consistent with format for other proposed Divisions.
Findings for Approval New section. Findings are less restrictive than other use permits due to their
temporary nature.
Conditions of Approval 30.47.10 Consistent with language from conditional use permit regulations, rather than the
more general language currently used in Article XLVII
Post Decision and
Modifications
30.47.10
30.47.20
30.47.30
New section, consistent with other divisions but slightly modified due the
temporary nature of the project.
Variances and Minor Deviation Permits
New Section Existing Section Overview of Changes
Purpose and Intent 30.50.20 (a)Language consistent with format for other proposed Divisions.
Applicability and
Exemptions 30.50.20 (a) (1)
New table introduced for easier reference. Additional language added
for transparency of certain conditions that would still need to be met.
(note that setback and yard are the same)
Notice and
Administrative Review or
Public Hearing
30.50.20 (a)
30.50.20 (a) (2)Language consistent with format for other proposed Divisions.
Findings for Approval 30.50.20 (a) (3)Some language rewritten to be consistent with Gov Code 65906
Conditions of Approval 30.50.20 (a) (4)Language consistent with format for other proposed Divisions.
Post Decision and
Modifications
30.50.20 (a) (4)
30.51.50 Appeal procedure
30.51.80 Revocation
30.51.90 Expiration
Language added consistent with CUP Division
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-6197
Telephone: (408) 846-0451 Fax: (408) 846-0429
http://www.cityofgilroy.org
TO:Planning Commission
FROM:Sharon Goei, Community Development Director
Ariana Fabian, Planning Technician
DATE:December 5, 2024
SUBJECT:Planning Division Staff Approvals
In conformance with Gilroy Municipal Code Sections 30.50.20(b) and 30.50.46, the
following table lists all Minor Deviation approvals and all Architectural and Site
approval/denial actions taken by the Planning Division since the last report was
provided to the Planning Commission at its November 7, 2024 meeting.i
APPROVED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
11/22/2024 AS 24-09 2262 Columbine Ct This application approved a new
4,996 square foot hillside single
family residence.
DENIED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
None
AS = Architectural and Site Review
VMD = Minor Deviation
The current status of other planning projects is available online at:
https://www.cityofgilroy.org/298/Development-Activity-Projects
i Submitted in conformance with Gilroy Municipal Code Sections 30.50.20(b) and 30.50.46