HomeMy WebLinkAbout09/05/24 Planning Commission Meeting Packet
September 5, 2024 | 6:00 PM Page 1 of 3 Planning Commission Regular Meeting Agenda
PLANNING COMMISSION
REGULAR MEETING AGENDA
Thursday, September 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 3 September 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 3 September 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. August 1, 2024 Planning Commission Meeting Minutes
6. PUBLIC HEARINGS 6.1. No items.
7. NEW BUSINESS 7.1. Presentation on two Active Transportation Planning Grant Applications for: (1) Development of a Bicycle and Pedestrian Action Plan, and (2) Multi-modal improvements on Monterey Road within City limits (presentation will be provided by the Public Works Department at the meeting)
7.2. Planning Commission Annual Presentation to Council (draft presentation will be provided at the meeting)
7.3. Zoning Ordinance Update Introduction and General Administration 1. Staff Report: Cindy McCormick, Planning Manager 2. Public Comment: 3. Possible Action:
Receive the staff report and provide preliminary feedback on the preliminary draft sections of the Zoning Ordinance. 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 September 19, 2024 at 6:00 PM
Page 1 of 3
City of Gilroy Planning Commission
Regular Meeting Minutes Thursday, August 1, 2024 | 6:00 PM
1. OPENING Tonight’s meeting was called to order by Chair Bhandal at 6:00 pm.
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 Wednesday, July 25, 2024 at 5:00 p.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. July 11, 2024 Planning Commission Meeting Minutes
A motion was made by Commissioner Lewis; seconded by Commissioner Ramirez to approve the consent agenda. RESULT: Pass [6 – 0] MOVER: Commissioner Lewis
SECONDER: Commissioner Ramirez AYES: Commissioner Elle, Lewis, Ramirez, Valdez, Vice Chair Kushner, and Chair Bhandal ABSENT: Commissioner Leongardt
6. PUBLIC HEARINGS 6.1. No items.
August 1, 2024 | 6:00 PM Page 2 of 3 Planning Commission Regular Meeting Minutes
7. NEW BUSINESS 7.1. Planning Commission Review of a Resolution of the CIty Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the
Metropolitan Transportation Commission. 1. Staff Report: Heba El-Guindy, Public Works Director 2. Public Comment: 3. Possible Action:
Receive a report, provide feedback, and recommend City Council adopt a resolution to approve the Transportation Development Act Article 3 grant funding request from the Metropolitan Transportation Commission for Fiscal Year 2025.
A motion was made by Chair Bhandal; seconded by Vice Chair Kushner to: Receive a report, provide feedback, and recommend City Council adopt a
resolution to approve the Transportation Development Act Article 3 grant
funding request from the Metropolitan Transportation Commission for Fiscal Year 2025. RESULT: Pass [6 – 0] MOVER: Chair Bhandal SECONDER: Vice Chair Kushner AYES: Commissioner Elle, Lewis, Ramirez, Valdez, Vice Chair Kushner, and Chair Bhandal ABSENT: Commissioner Leongardt
7.2. Planning Commissioner Training – Complete Streets (presentation will be provided at the meeting).
Public Works Director, Heba El-Guindy, provided a training on complete streets
and answered the Planning Commissioner’s questions. The presentation covered what constitutes a complete street and provided examples from different cities that demonstrate a complete street. 8. INFORMATIONAL ITEMS 8.1. Planning Division Staff Approvals There were no Planning Division approvals since the last report provided to the Planning Commission at its July 11, 2024 regular meeting.
9. PLANNING DIVISION REPORT Planning Manager, Cindy McCormick, informed the Planning Commission that an email was sent out on July 11, 2024 regarding the environmental notice of intent to adopt a
mitigated negative declaration for the RenFu Villa residential development project that will
be coming to the Planning Commission in the next few months as a tentative map and zoning map amendment.
August 1, 2024 | 6:00 PM Page 3 of 3 Planning Commission Regular Meeting Minutes
Planning Manager McCormick advised the Planning Commission that staff is getting close to completing the draft sections for the comprehensive zoning code update. Staff will
present the draft to the Planning Commission over a series of public meetings, and that the dates and structure of those meetings would be announced later. Planning Manager McCormick informed the Commission of the Gilroy Leadership’s Government Day which will be hosted on August 9, 2024 in the Council Chambers.
Planning Manager McCormick concluded her report by announcing that the City received a grant for the development of a climate action plan and VMT Policy. 10. ASSISTANT CITY ATTORNEY REPORT No report. 11. ADJOURNMENT To the Next Meeting of September 5, 2024 at 6:00 PM Chair Bhandal adjourned the meeting at 7:00 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: September 5, 2024
TO: Planning Commission
FROM: Cindy McCormick, Planning Manager
SUBJECT: Zoning Ordinance Update Introduction and General Administration
RECOMMENDATION:
Receive the staff report and provide preliminary feedback on the preliminary draft
sections of the Zoning Ordinance.
PROJECT DESCRIPTION:
The City of Gilroy Planning Division is proposing amendments to Gilroy City Code,
Chapter 30 (Zoning). The proposed update is necessary to implement changes in the
adopted 2040 General Plan and will include a new format intended to make the zoning
code more user-friendly by clarifying or revising language to limit misinterpretation and
revising and adding figures to better depict standards. In addition, the update is intended
to be responsive to community goals identified in the General Plan, including but not
limited to housing needs and downtown revitalization.
BACKGROUND:
In November 2020, the City Council adopted the Gilroy 2040 General Plan. 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. 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.
When reviewing the proposed amendments, the Planning Commission should determine
whether the draft zoning regulations support the vision, guiding principles, goals and
policies in the General Plan, Housing Element, and adopted Specific Plans.
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.
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)
2
1
7
3
5
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.
Existing Zoning Code. The last major update to the City’s Zoning Ordinance (City Code
Chapter 30) was in 2013. Since that time, only minor amendments have been proposed,
primarily to address state legislation that affect City regulations (e.g., Accessory Dwelling
Units). The current code lacks regulations for new land uses adopted in the 2040 General
Plan including the new City Gateway District, Industrial Park, Employment Center and
Mixed-Use designations.
DISCUSSION AND ANALYSIS:
The draft Zoning Ordinance will be organized into ten (10) Articles. 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, beginning with an introduction to the public and the Planning Commission at
the September 5, 2024 Planning Commission meeting.
During the September 5th meeting, staff will introduce preliminary drafts of the following
administrative sections of the Zoning Ordinance.
•Enactment and Administration
•Application Procedures
•Planning Permit Procedures
•Nonconforming Uses and Structures
Following the introduction and preliminary review of these administrative processes, staff
will begin holding community meetings on the more substantive sections of the Zoning
Ordinance. Future community meetings will introduce draft definitions; zoning districts,
allowed uses and development standards; standards applicable to all zones; and
standards for specific land uses.
The following table provides a summary of the preliminary draft sections of code being
presented to the public and the Planning Commission for initial review and comment.
Enactment and Administration (Article 1)
This article consolidates all regulations related to zoning code applicability, authority,
interpretation, and enforcement. This Article also briefly describes the process for
zoning amendments, general plan amendments, and urban service area
amendments.
Nonconforming Uses and Structures (Article 7)
3
1
7
3
5
This Article establishes regulations for legal nonconforming uses and structures that
were lawfully established and constructed before the adoption of a Zoning Code
amendment, but which would be prohibited, regulated, or restricted differently under
the terms of the revised Zoning Code or future amendments thereto.
Application Procedures (Article 8)
This Article includes application submittal and review procedures, public notices and
hearing requirements, and appeal requirements.
Planning Permits (Article 9)
This Article includes all permit review types and review procedures, including zoning
clearances, architectural and site plan review and minor modifications, conditional use
permits, minor use permits, temporary use permits, planned development permits,
reasonable accommodations, variances and minor deviations, and historic resources.
CONCLUSION AND NEXT STEPS
Staff will review and incorporate feedback from the community and Planning Commission,
where a majority consensus can be reached. Future community 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; and standards for specific land uses.
PUBLIC OUTREACH:
This meeting was advertised in the City’s weekly newsletter and posted to the City’s social
media. A dedicated website https://www.cityofgilroy.org/1004/Zoning-Code-Update was
also created and will be updated as new 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.
Staff will also begin advertising these community meetings in the Gilroy Dispatch.
ATTACHMENTS:
1. Draft Article 1: Enactment and Administration
2. Draft Article 7: Nonconforming Uses and Structures
3. Draft Article 8: Application Procedures
4. Draft Article 9: Planning Permits
Article 1, Page 1
Chapter 30 – Zoning Ordinance
i.Article 1 – Enactment and Administration
Division 30.10 – Introduction
Division 30.12 – Zones and Zoning Map
Division 30.14 – Interpretation of Zoning Ordinance
Division 30.15 – Zoning Amendments
Division 30.16 – Other Legislative Procedures
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 2
Division 30.10 – Introduction
Sections
30.10.010 – Title
30.10.020 – Purpose
30.10.030 – Enactment
30.10.040 – Authority
30.10.050 – Applicability
30.10.060 – General Plan Consistency
30.10.070 – Rights and Violations
30.10.080 – Projects in Progress
30.10.090 – Enforcement
30.10.100 – Severability
30.10.010 Title
Chapter 30 contains the City’s zoning regulations and shall be known as the "Gilroy
Zoning Ordinance" and may be referred to in this Chapter as the “Zoning Ordinance.”
30.10.020 Purpose
Purpose. This Zoning Ordinance is intended to carry out the policies of the City of
Gilroy General Plan. More specifically, the purposes of this Ordinance are as follows:
A. To promote and protect the public health, safety, peace, comfort, convenience,
and general welfare;
B. To assist in providing a definite comprehensive plan for sound and orderly
development, and to guide and regulate each development in compliance with
the General Plan and the objectives and standards specified therein;
C. To protect and improve the established character and the social and economic
stability of agricultural, residential, commercial, industrial, and other areas of the
City;
D. To provide light, air, privacy, and convenience of access to property; and to
promote safety from fire and other dangers;
E. To prevent overcrowding of land and undue congestion of population;
F. To regulate the location and use of structures and land so as to prevent undue
interference with existing or prospective traffic movements on public
thoroughfares; and
G. To prezone unincorporated territory adjoining the City for the purpose of
determining the zoning that shall apply to the property in the event of subsequent
annexation to the City.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 3
30.10.030 Enactment
This Zoning Ordinance is enacted based on the authority vested in the City of Gilroy
and the State of California, including but not limited to the State Constitution, Planning
and Zoning Law (California Government Code Section 65000 et seq.), Subdivision Map
Act (California Government Code Section 66410 et seq.), California Environmental
Quality Act (California Public Resources Code Section 21000 et seq.), the California
Health and Safety Code, the City Charter, and the City Code.
30.10.040 Authority
The Community Development Director shall have the authority and responsibilities in
the enforcement and administration of this Zoning Ordinance and may delegate
responsibilities to the Community Development Department staff.
30.10.050 Applicability
This Zoning Ordinance applies to all property, uses of land and structures, subdivisions,
and development, regardless of ownership, within the incorporated area of the City.
A.Compliance required. No structure shall be altered, erected, or reconstructed in
any manner, nor shall any structure or land be used for any purpose, other than
as allowed by this Zoning Ordinance.
B.Subdivisions. A subdivision of land proposed within the City after the effective
date of the ordinance adopting this Zoning Ordinance shall comply with the
minimum parcel size requirements of Article 2 (Zones, Allowable Land Uses, and
Development Standards), other applicable requirements of this Zoning
Ordinance, City Code Chapter 21 (Subdivisions and Land Development), and
provisions of state law including the Subdivision Map Act.
C.Continuation of an existing land use. An existing land use is lawful and not in
violation of this Zoning Ordinance only when operated and maintained in
compliance with applicable provisions of this Zoning Ordinance and any
condition(s) imposed on a discretionary application, including Article 5
(Nonconforming Uses and Structures). However, the requirements of this Zoning
Ordinance are not retroactive in their effect on a land use that was lawfully
established before the effective date of the ordinance adopting this Zoning
Ordinance or any applicable amendment, except as otherwise provided by Article
7 (Nonconforming Uses and Structures).
D.Minimum requirements. The provisions of this Zoning Ordinance shall be
considered the minimum requirements for the promotion of the public health,
safety, and general welfare. When this Zoning Ordinance provides for discretion
on the part of a Review Authority, the discretion may be exercised to impose
more stringent requirements than required by this Zoning Ordinance, as
determined by the applicable Review Authority to be necessary to promote
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 4
orderly land use and development, environmental resource protection, and the
other purposes of this Zoning Ordinance.
E.Conflicting requirements. Conflicts between different requirements of this
Zoning Ordinance, or between this Zoning Ordinance and other regulations, shall
be resolved in compliance with Section 30.14.020 (Rules of Interpretation).
F.Other requirements may apply. Nothing in this Zoning Ordinance eliminates
the need for obtaining other permits required by the City, or a permit, approval, or
entitlement required by another applicable special district or agency, or other
approvals required by the regulations of a Regional, State or Federal agency.
The City shall not issue any permit, Business License, or other approval if the
structure or land use would violate the provisions of this Zoning Ordinance.
Permits issued in error shall be void.
G.Exempt. The City is exempt from the provisions of this Zoning Ordinance.
30.10.060 General Plan Consistency
The City Council intends that this Zoning Ordinance be consistent with the General Plan
and any applicable specific plan, and that any development, land use, or subdivision
approved in compliance with this Zoning Ordinance shall also be consistent with the
General Plan and any applicable specific plan. In the event of any inconsistencies
between the General Plan and this Zoning Ordinance, the General Plan shall control the
use and development of the land until the City Council adopts an amendment to the
Zoning Ordinance to achieve consistency.
30.10.070 Rights and Violations
The enactment of this Zoning Ordinance shall not terminate nor otherwise affect vested
land use development permits, approvals, or agreements authorized under the
provisions of any ordinance or resolution, nor shall violation of any prior ordinance or
resolution be excused by the adoption of this Zoning Ordinance.
30.10.080 Projects in Progress
The enactment of this Zoning Ordinance, or an amendment to this Zoning Ordinance,
may have the effect of imposing different standards on a new land use than those that
applied to existing development. (For example, this Zoning Ordinance or a future
amendment could require more off-street parking spaces for a particular land use than
the former regulations). A planning permit application, which has been accepted by the
Community Development Department as complete before the effective date of this
Zoning Ordinance or any amendment, shall be processed in compliance with the
requirements in effect when the application was accepted as complete.
A. Any structure for which a permit has been lawfully granted prior to the effective date
of the ordinance codified in this Zoning Ordinance, or of subsequent amendments
hereto, that does not conform to the revised zoning requirements, may be completed
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 5
only in accordance with the approved plans; provided, that actual construction is
started within two months of the date of issuance of the permit and diligently
executed until its completion.
B. The term “actual construction” for the purposes of this Article shall mean the
performance of any readily apparent work, labor, or the placing of any material upon
the building site, pursuant to the permit and required or reasonably necessary for the
construction of the structure. Such structure shall thereafter be deemed to be a legal
nonconforming structure, and subject to Article 7, Nonconforming Uses and
Structures.
C.Project Under Construction. A project for which a Building Permit has been
issued under the provisions of earlier ordinances of the City which are in conflict with
this Zoning Ordinance, and on which substantial construction, as determined by the
Community Development Director, has been performed by integration of materials
on the site before the effective date of this Zoning Ordinance, nevertheless may be
continued and completed in compliance with the plans and specifications upon
which the permit was issued.
30.10.090 Enforcement
A.Vested Duty. All departments, officials and public employees of the City who are
vested with the duty or authority to issue permits or licenses shall conform to the
provisions of this Chapter and shall issue no such permit or license for uses,
buildings or purposes where the same would be in conflict with the provisions of
this Zoning Ordinance and any such permit or license if issued in conflict with the
provisions of this Zoning Ordinance shall be null and void. It shall be the duty of
the Community Development Director to enforce or cause to be enforced the
provisions of this Zoning Ordinance pertaining to the erection, construction,
reconstruction, moving, conversion, alteration, removal of or addition to any
building, sign, structure, building site or parcel of land in the City.
B.Penalty and Fine. Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating any of the provisions of this Zoning Ordinance
shall be guilty of an infraction, and upon conviction thereof shall be punished as
set forth in Government Code Section 36900, as it now exists or may hereafter
be amended. The violating party shall be judged to be guilty of a separate
offense for each and every day during any portion of which any violation of this
Zoning Ordinance is committed, continued or permitted by such person, firm or
corporation, and shall be punishable as herein provided. Nothing in this Zoning
Ordinance shall be construed as to restrict the right of any individual to pursue
redress by civil action of any violation of this Zoning Ordinance.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 6
C.Declaration of Nuisance. Any building or structure set up, erected, constructed,
altered, enlarged, converted, moved or maintained contrary to the provisions of
this Zoning Ordinance and/or any use of any land, building or premises
conducted, operated or maintained contrary to the provisions of this Zoning
Ordinance shall be and the same is hereby declared to be unlawful and a public
nuisance and the City Attorney of the City shall, upon order of the City Council,
immediately commence action or proceedings for the abatement and removal
and enjoinment thereof in the manner provided by law and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant
such relief as will abate and remove such building or structure and restrain and
enjoin any person, firm or corporation from setting up, erecting, building,
maintaining or using any such building or structure or using any property contrary
to the provisions of this Zoning Ordinance.
D.Cumulative Remedies. The remedies for herein shall be cumulative and not
exclusive.
30.10.100 Severability
If any portion of this Zoning Ordinance is held to be invalid, unconstitutional, or
unenforceable by a court of competent jurisdiction, the determination shall not affect the
validity of the remaining portions of this Zoning Ordinance. The City Council hereby
declares that this Zoning Ordinance and each article, division, section, subsection,
subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard
to the fact that one or more portions of this Zoning Ordinance may be declared invalid,
unconstitutional, or unenforceable.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 7
Division 30.12 – Zones and Zoning Map
Sections
30.12.010 – Establishment of Zones
30.12.020 – Zoning Map
30.12.030 – Rights-of-way and Vacated Boundary Lines
30.12.040 – Uncertainty of Boundaries
30.12.050 – Classification of Annexed Lands
30.12.010 Establishment of Zones
A.General. The City is divided into zones to allow for the orderly, planned
development of the City and to implement the General Plan. Table 30.12-1
(Establishment of Zoning Districts), below identifies all of the zones adopted by
the City to implement the General Plan. All zones shall be listed and
appropriately designated on the City’s Official Zoning Map.
B.Base Zones. Every parcel shall have a base zone that establishes the primary
type and intensity of land use allowed, along with development regulations for
that particular type and intensity of land use.
C.Overlay/Combining Zones. An overlay/combining zone supplements the base
zone for the purpose of establishing special use or development regulations for a
particular area in addition to the provisions of the underlying base zone. In the
event of conflict between the base zone regulations and the overlay/combining
zone regulations, the provisions of the overlay/combining zone shall apply.
Table 30.12-1
ESTABLISHMENT OF ZONING DISTRICTS
ZONING DISTRICT SYMBOL ZONING DISTRICT NAME
Residential Zones
RH Residential Hillside District
R1 Single-Family Residential District
R2 Two-Family Residential District
R3 Medium Density Residential District
R4 High Density Residential District
ND-H Neighborhood District High
ND-L Neighborhood District Low
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 8
Table 30.12-1
ESTABLISHMENT OF ZONING DISTRICTS
ZONING DISTRICT SYMBOL ZONING DISTRICT NAME
Commercial and Mixed Use Zones
C1 Neighborhood Commercial District
C2 Central Commercial District
C3 Shopping Center Commercial District
HC Highway Commercial District
GC Gateway Commercial District
MU Mixed Use District
PO Professional Office District
Downtown Specific Plan Zones
CCA Civic/Cultural Arts District
CD Cannery District
DED Downtown Expansion District
DHD Downtown Historic District
GD Gateway District
TD Transitional District
Industrial Zones
CI Campus Industrial District
CM Commercial Industrial District
M1 Limited Industrial District
M2 General Industrial District
Resource and Public/Quasi-Public Zones
AG Agricultural
OS Open Space District
PF Park/Public Facilities District
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 9
Table 30.12-1
ESTABLISHMENT OF ZONING DISTRICTS
ZONING DISTRICT SYMBOL ZONING DISTRICT NAME
Special Purpose Zones
GL Glen Loma District
HP Hecker Pass Specific Use District
Combining Zones
MA Murray-Las Animas Avenue
PD Planned Development
30.12.020 Zoning Map
The boundaries, designations, and locations of the zones established by this Zoning
Ordinance shall be shown upon the map(s) entitled "Zoning Map for the City of Gilroy"
and referred to in this Zoning Ordinance as the Zoning Map. Any additional maps (e.g.,
Murray-Las Animas map) adopted shall also be a part of this Zoning Ordinance by
reference. This Zoning Ordinance, together with the Zoning Map, is hereby adopted in
compliance with current State planning, zoning, and development laws. Changes in the
boundaries of any identified zones shall be made by ordinance.
30.12.030 Rights-of-way and Vacated Boundary Lines
Where a public street or alley is officially abandoned or vacated, the property
encompassed by areas associated with the abandoned/vacated street or alley shall be
included within the zone or zones of the adjoining properties. If the adjoining properties
are in different zones, the boundary lines shall be the centerline of the former street or
alley and the extension of the side yard lines of the abutting properties. In the event the
street, alley, or right-of-way was a boundary between two or more different zones, the
new zone or zone boundary shall be the property line that is created by the
abandonment or vacation.
30.12.040 Uncertainty of Boundaries
If there is uncertainty about the location of a zone boundary shown on the adopted
Zoning Map, the Community Development Director shall determine the precise location
of the boundary in the following manner, except as provided in Section 30.12.030
(Rights-of-way and Vacated Boundary Lines), above:
A.Line Shall be the Zone Boundary. Where a zone or area boundary
approximately follows a parcel line, street line, or alley line, the parcel line, street
centerline, or alley centerline shall be construed as the zone boundary.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 10
B.Use of Scale. Where a zone or area boundary divides a parcel and the
boundary line location is not specified by distances indicated on the subject map,
the location of the boundary shall be determined by using the scale appearing on
the map.
30.12.050 Classification of Annexed Lands
A.Zoning of Annexed Lands. Any land annexed to the City of Gilroy shall be
zoned to be consistent with the General Plan land use designation.
B.Adoption of Zone Classification. Whenever it is deemed that the zoning of
annexed lands is inconsistent with an adopted General Plan land use policy or
other City policies, the Planning Commission shall recommend, and the City
Council shall adopt the zone classification(s) which shall apply to the annexed
lands in the manner prescribed in Division 30.15 (Zoning Amendments) for
amending this Zoning Ordinance.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 11
Division 30.14 – Interpretation of Zoning Ordinance
Sections
30.14.010 – Purpose
30.14.020 – Rules of Interpretation
30.14.030 – Uses Not Classified
30.14.040 – Headings and Illustrations
30.14.010 Purpose
The purpose of this Division is to specify the authority and procedures for clarifying any
ambiguity in the regulations of this Zoning Ordinance, and to ensure its consistent
interpretation and application.
30.14.020 Rules of Interpretation
The Community Development Director has the authority to interpret the provisions of
this Zoning Ordinance and to determine the appropriate zoning classification of uses not
specifically mentioned in this Zoning Ordinance. Whenever the Community
Development Director determines that the meaning or applicability of a Zoning
Ordinance requirement is subject to interpretation, the Community Development
Director may issue a written interpretation. The Community Development Director may
also refer any issue of interpretation to the Planning Commission for a determination.
The following rules apply to all provisions of this Zoning Ordinance:
A.Language. When used in this Zoning Ordinance, the words "shall," "must," and
"will," are always mandatory. "Should" is not mandatory but is strongly
recommended; and "may" is permissive.
B.Tense. The past, present, and future tenses shall be read as the same.
C.Number. The singular number includes the plural number, and the plural the
singular, unless the natural construction of the words indicate otherwise.
D.Calculations.
1.Residential Density. When the number of dwelling units allowed on a
site is calculated based on the minimum site area per dwelling unit, any
fraction of a unit shall be rounded up to the next highest whole number.
2.Other Calculations. For all calculations the fractional/decimal results of
calculations shall be rounded to the next highest whole number, unless
otherwise specified in this Zoning Ordinance.
E.Conjunctions. “And” indicates that all connected items or provisions shall apply.
“Or” indicates that the connected items or provisions may apply singly or in any
combination. “Either…or” indicates that the connected items and provisions shall
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 12
apply singly but not in combination. “Includes” and “including” shall mean
“including but not limited to”.
F.Local Reference. “City” as used in this Zoning Ordinance means the City of
Gilroy. All public officials, bodies, and agencies referenced in this Zoning
Ordinance are those of the City, unless otherwise stated.
G.Definitions. As defined in Article 10 (Definitions) and/or as determined or
interpreted by the Community Development Director.
H.Number of Days. Whenever the number of days is specified in this Zoning
Ordinance, or in any permit, condition of approval, or notice issued or given as
provided in this Zoning Ordinance, the number of days shall be construed as
calendar days.
I.State Law Requirements. Where this Zoning Ordinance refers to provisions of
State law (for example, the California Government Code, Subdivision Map Act,
Public Resources Code, etc.), the references shall be interpreted to be to the
applicable State law provisions as they may be amended from time to time.
30.14.030 Uses Not Classified
A. If a proposed use of land is not specifically listed in Article 2 (Zones, Allowable
Uses, and Development Standards), the use shall not be allowed, except as
provided in Subsection B., below.
B. The Community Development Director may determine that a proposed land use
that is not listed in Article 2 (Zones, Allowable Uses, and Development
Standards) may be allowed if it is similar to other uses listed in the zone or will
meet the purposes and intent of the zone district and is consistent with the goals,
objectives and policies of the General Plan and/or any applicable specific plan.
30.14.040 Headings and Illustrations
A.Headings. The headings of the divisions, sections, subsections, subparagraphs,
and clauses of this Zoning Ordinance, together with the accompanying
illustrations, examples, and explanatory notes, are inserted as a matter of
convenience and in no way define, limit, or enlarge the scope or meaning of this
Zoning Ordinance or its provisions.
B.Illustrations. In case of a conflict between the Zoning Ordinance text and any
diagram, illustration, or image contained in this Ordinance, the text shall control.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 13
Division 30.15 – Zoning Amendments
Sections
30.15.010 – Initiation
30.15.020 – Process
30.15.030 – Reapplication
30.15.040 – Prezoning Prior to Annexation
30.15.010 Initiation
Amendments to this Chapter 30 (Zoning Ordinance) or the Zoning Map may be initiated
by the owners of the property proposed to be rezoned, motion of the City Council, or by
recommendation of the Community Development Director.
30.15.020 Process
Zoning Amendments shall be processed in accordance with this Division, as follows:
A. Notice of the public hearings shall be provided and the hearings shall be
conducted in compliance with Division 30.81 (Public Notices and Hearings).
B. The Planning Commission shall conduct a public hearing on the amendment
and forward a recommendation to the City Council whether to approve,
approve in modified form, or deny the amendment. If the Planning
Commission is unable to reach a majority agreement on a recommendation,
the amendment shall be forwarded to the City Council with no
recommendation.
C. The City Council shall conduct a public hearing prior to taking action on the
amendment. The City Council may refer the request back to the Planning
Commission for further study and report. The Planning Commission shall not
be required to hold a public hearing under these circumstances.
D. Notice of decision. The City Council shall announce its findings and decision
for approval by ordinance or denial (with or without prejudice) by resolution
introduced not more than twenty (20) days, or as soon thereafter as practical,
following the termination of proceedings of the hearing, or upon receipt of a
report from the Planning Commission when a matter has been referred back
to the Planning Commission. The ordinance or resolution shall recite, among
other things, the facts and reasons that, in the opinion of the City Council,
make the approval, denial, or denial without prejudice of the Zoning
Ordinance or map amendment necessary to carry out the general purposes of
this Zoning Ordinance and the General Plan.
E. Finality of decision. The action by the City Council on the application for a
Zoning Ordinance or map amendment shall be final and conclusive.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Administration
Article 1, Page 14
30.15.030 Reapplication
If an application for a zone change is denied, another request for the same rezoning on
the same property or portions thereof shall not be accepted within a one (1) year period.
However, if the City Council specifies that a denial of a zone change application is made
without prejudice, or if the City Council makes a determination that significant new
material or facts are present which justify reconsideration of the zone change
application and thereby grants specific approval for refiling of the application, the one
(1) year waiting period may be waived.
30.15.040 Prezoning Prior to Annexation
All lands proposed for annexation shall be prezoned prior to formal annexation. An
application for annexation to the City shall be accompanied by an application to prezone
the property to a zoning district or zoning districts consistent with that of the General
Plan land use designation and processed in conformance with city, state and local
agency formation commission regulations. All parcels in the application shall comply
with the following criteria:
A. All parcels must be within the Urban Service Area.
B. The annexation cannot split lines of assessment.
C. When the annexation includes a roadway, the entire width of the roadway (and
necessary right-of-way) must be included in the annexation. The Engineering
Division will make the determination as to how much land area must be annexed
for the roadway and associated right-of-way.
D. None of the parcels proposing annexation may be under a Williamson Act
contract, which may be determined by asking the applicant to provide a current
title report. Parcels within the Williamson Act may not annex until the non-
renewal period is complete or the applicant cancels the contract.
E. The annexation may not create any islands or areas to which it would be difficult
to provide municipal services. If the applicant proposes an annexation that will
create an island, the applicant will be required to annex other parcels so that no
islands are created.
F. The annexation must be contiguous to existing City limits.
City of Gilroy Zoning Ordinance Article 1 – Enactment and Applicability
Article 1, Page 15
Division 30.16 – Other Legislative Procedures
Sections
30.16.010 General Plan Amendments
30.16.020 Specific Plans
30.16.030 Urban Service Area Amendments
30.16.040 Development Agreements
30.16.010 General Plan Amendments
Requests to amend the General Plan map or text shall be submitted and processed in
accordance with the procedures established by the Planning Division, and in
accordance with State Government Code Section 65350-65360.
30.16.020 Specific Plans
An application to adopt or amend a specific plan shall be submitted and processed in
accordance with the procedures established by the Planning Division, and in
accordance with State Government Code Section 65450-65457 Article 8.
30.16.030 Urban Service Area Amendments
An application to amend the City of Gilroy Urban Service Area shall be accepted during
the month of July each calendar year. The application shall be submitted and
processed in accordance with the procedures established by the Planning Division.
30.16.040 Development Agreements
Requests to enter into a development agreement with the City of Gilroy shall be
submitted and processed in accordance with the procedures established by the
Planning Division and State Government Code Section 65864-65869.5.
Chapter 30 – Zoning Ordinance
i.Article 7 – Nonconforming Uses and Structures
Division 30.70 – General Nonconforming Provisions
Sections
30.70.010 - Purpose
30.70.020 – Applicability
30.70.030 – Continued Use
30.70.040 – Loss of Nonconforming Status
30.70.010 Purpose
This Division establishes regulations for legal nonconforming uses and structures, that
were lawfully established and constructed before the adoption or amendment of this
Zoning Code, but which would be prohibited, regulated, or restricted differently under
the current terms of this Zoning Code or future amendments thereto. It is the intent of
this Division to limit the number and extent of nonconforming structures by limiting or
prohibiting their alteration, enlargement, or expansion, and by limiting or prohibiting their
restoration after destruction. Eventually, all nonconforming structures are to be
eliminated or altered to conform to the zoning district standards in which they are
located.
30.70.020 Applicability
A.Legal Nonconforming Use. Any use lawfully established prior to the effective
date of the ordinance codified in this Zoning Ordinance or of subsequent
amendments hereto, that does not conform to the use regulations for the district
in which it is located shall be deemed a legal nonconforming use and may
continue, except as otherwise provided herein.
B.Legal Nonconforming Structure. Any structure lawfully existing at the effective
date of the ordinance codified in this Zoning Ordinance or of subsequent
amendments hereto, that is wholly or partially constructed or designed for use
contrary to the regulations of the district in which it is located, or does not
conform to the minimum physical standards of the district in which it is located,
shall be deemed a nonconforming structure and may be so used or continue in
such use, except as otherwise provided herein.
C. Projects in Progress. Any structure for which a permit has been lawfully granted
prior to the effective date of the ordinance codified in this Zoning Ordinance, or of
subsequent amendments hereto, that does not conform to the revised zoning
requirements, may be completed only in accordance with Section 30.10.080,
Projects in Progress.
City of Gilroy Zoning Ordinance Article 7 – Nonconforming Uses and Structures
Article 7, Page 2
30.70.030 Continued Use
A.Alteration, Enlargement, and Discontinuance. This article does not authorize
the extension, expansion, or enlargement of an existing legal nonconforming
structure, or permit the addition of new structures or other facilities in conjunction
with an existing nonconforming use, unless all of the following conditions are
met:
1. The proposed extension, expansion, and/or enlargement is limited to a
maximum of 10 percent of the gross floor area of the nonconforming
structure;
2. All required parking can be accommodated on site;
3. All other physical development standards of the Zoning Ordinance will be
met; and
4. The proposed project will not affect the character of the neighborhood.
B.Maintenance and Repair. A legal nonconforming structure may undergo
necessary maintenance and repair. If a nonconforming structure becomes
physically unsafe due to lack of ordinary repairs or maintenance, it shall only be
repaired in full compliance with the applicable regulations of the zone in which it
is located.
C.Involuntary Damage. Nothing in this Division shall be construed to prevent the
restoration and resumption of a former lawful use of any building that is damaged
or partially destroyed by fire or other calamity, or by act of God or by the public
enemy to the extent of 75 percent or less of its replacement cost; provided, that
such restoration is permitted by Chapter 6, and is started within one year after
such damage and diligently pursued to completion. The amount of destruction
shall be calculated by taking 75 percent of the full assessed value of the
improvements destroyed, as such value is shown on the current equalized
assessment roll of Santa Clara County. Destruction or damage due to lack of
maintenance does not qualify as involuntary destruction or damage.
30.70.040 Loss of Nonconforming Status
A. A nonconforming structure that is completely destroyed or damaged or partially
destroyed in any manner to a greater extent than above specified, or voluntarily
razed or required by law to be razed, shall not thereafter be restored except in
full conformity with all the provisions of this Zoning Ordinance as to building and
use. The amount of destruction shall be calculated by taking 75 percent of the full
assessed value of the improvements destroyed, as such value is shown on the
current equalized assessment roll of Santa Clara County.
B. Whenever a nonconforming use of land or a structure has been changed to a
conforming use, the prior nonconforming use shall not thereafter be
City of Gilroy Zoning Ordinance Article 7 – Nonconforming Uses and Structures
Article 7, Page 3
reestablished, and the use of the land or structure thereafter shall be in
conformity with the regulations for the district.
C. Whenever a nonconforming use of land or a structure has been discontinued for
a continuous period of 120 days, the prior nonconforming use or structure shall
be deemed abandoned by the Community Development Director and shall not
thereafter be reestablished, and the use of the land or structure thereafter shall
be in conformity with the regulations for the district.
D.Extension. In addition to other grounds set forth in this Division, the exception
granted by this Division to allow continuation of a legal nonconforming use may
be extended if it is determined that the nature of the improvement is such that to
require cessation of use would impair the property rights of any person to such
an extent as to be an unconstitutional taking of property.
Chapter 30 – Zoning Ordinance
i.Article 8 – Application Procedures
Division 30.80 – Application Submittal and Review
Division 30.81 – Public Notices and Hearings
Division 30.82 – Appeals
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 2
Division 30.80 –Application Submittal and Review
Sections
30.80.010 – Purpose
30.80.020 – Application Submittal
30.80.030 – Authority for Land Use and Zoning Decisions
30.80.040 – Multiple Permit Applications
30.80.050 – Notice and Hearing
30.70.060 – Additional Permits May Be Required
30.80.070 – Post-Decision
30.80.010 Purpose
The purpose of this Division is to provide procedures and requirements for the
preparation, filing, and processing of permit applications and approvals required by this
Zoning Ordinance.
30.80.020 Application Submittal
A.Application Required. No structure shall be altered, enlarged, erected, moved,
or rebuilt, nor use established except in compliance with this Article. A Building
Permit shall not be issued until any required discretionary permit approvals have
been obtained.
B.Existing Zoning Violations. Applications for Building Permits or other
entitlements shall not be processed for parcels in violation of the Gilroy Municipal
Code unless the proposed entitlement application is intended to correct the
violation.
C.Authority to File. Applications may be initiated by property owners, lessees or
designated agents of the subject property with consent of the owner(s), or motion
of the City Council. Planning application forms shall be signed by the owner of
the property, or by a person designated as the owner’s power-of-attorney. In the
case of multiple owners, either all owners shall sign the application, or the
signatory shall provide evidence that he or she has the right to act on behalf of all
owners.
D.Application Forms. The Community Development Director shall prescribe the
form on which all applications are made, shall prepare and provide forms for all
planning applications, and shall prescribe all application filing requirements. No
application shall be accepted unless it complies with the specified application
filing requirements.
E.Application Filing. Permit applications shall be filed with the Planning Division
on a City application form, together with all required fees and/or deposits in
compliance with the Comprehensive Fee Schedule, and all other information and
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 3
materials required for filing of the application. The Community Development
Director may request additional information, including maps, technical reports,
environmental analysis, and/or design criteria, deemed necessary to evaluate the
application.
F.Applicant Indemnification. At the time of submitting an application for a
discretionary entitlement, the applicant shall be deemed to have agreed as part
of the application, to defend (with legal counsel of City’s selection), indemnify,
and hold harmless the City and its elected and appointed officials, agents,
attorneys, employees, and officers from any action, claim, or proceeding brought
against the City or its elected and appointed officials, agents, employees, and
officers to attack, set aside, void, or annul a discretionary land use approval of
the City. The required indemnification shall include damages awarded against
the City, if any, costs of suit, attorneys’ fees, and other costs and expenses
incurred in connection with the action. In the event an action, claim, or
proceeding is brought, the applicant shall cooperate fully in the defense of the
action, claim, or proceeding. Nothing in this Section shall prohibit the City from
participating in the defense of any action, claim, or proceeding if the City elects to
bear its own attorneys’ fees and costs and defends the action in good faith.
G.Evidence in Support. It is the responsibility of the applicant to provide evidence
in support of the findings required for approval of an application.
H.Permanent Record. Applications filed pursuant to this Division or Chapter 30
shall be numbered consecutively in the order of their filing and shall become a
part of the permanent records of the Planning Division, and there shall be
attached thereto and permanently filed therewith copies of all notices and actions
with certificates and affidavits of posting, mailing or publications pertaining
thereto.
I.Acceptance Does Not Constitute Approval. Acceptance of the application
and/or fees does not constitute an indication of approval nor imply that the
application is complete.
J.Abandonment of Application. Applications shall be deemed abandoned when
information and/or fees necessary for the completion of the application have
been requested in writing and not received by the Planning Division within 90
days of notification. The applicant may request (within the 90-day time period) an
extension of up to 180 days, or longer as may be approved by the Community
Development Director. No further action shall be taken on an application and no
fees will be refunded once abandoned.
30.80.030 Authority for Land Use and Zoning Decisions
Table 30.80-1 (Review Authority) identifies the authority for reviewing and making
decisions or determinations on each type of application required or offered by this
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 4
Zoning Ordinance, except where review may be elevated pursuant to a provision of this
Division or Municipal Code.
Table 30.80-1
Review Authority
Role of Review Authority
Type of Action
Applicable
Code
Citation*
Community
Development
Director
Planning
Commission
City
Council
Ministerial
Habitat Permit 12.6 Decision NA NA
Zoning Clearance 30.76 Decision NA NA
Administrative
Architectural and Site Plan Review 30.62 Decision Appeal Appeal
Historic Resource Minor Alteration 30.80 Decision Appeal Appeal
Home Occupation 30.42 Decision Appeal Appeal
Minor Deviation 30.74 Decision Appeal Appeal
Minor Modification 30.62 Decision Appeal Appeal
Minor Use Permit 30.66 Decision Appeal Appeal
Reasonable Accommodation 30.70 Decision Appeal Appeal
Sign Permit/Master Sign Program 30.38 Decision Appeal Appeal
Temporary Use 30.72 Decision Appeal Appeal
Quasi-Judicial
Conditional Use Permit 30.64 Recommend Decision Appeal
Historic Resource
Designation/Removal
30.80 Recommend Recommend Decision
Historic Resource Significant
Alteration/Demolition
30.80 Recommend Decision Appeal
Mills Act Contract 30.80 Recommend N/A Decision
Planned Development Permit 30.68 Recommend Recommend Decision
Subdivision 21 Recommend Recommend Decision
Variance 30.74 Recommend Decision Appeal
Legislative
Annexation/Prezoning 30.78 Recommend Recommend Decision
Development Agreement 30.80 Recommend Recommend Decision
Specific Plan 30.80 Recommend Recommend Decision
Urban Service Area Amendment 30.80 Recommend Recommend Decision
Zoning Amendment 30.78 Recommend Recommend Decision
General Plan Amendment 30.80 Recommend Recommend Decision
* Identifies the relevant Zoning Ordinance Division or Municipal Code Chapter
30.90.040 Multiple Permit Applications
If a development project requires filing of more than one application (e.g., Tentative Map
and Architectural & Site Review, etc.), the applications shall be processed concurrently
and reviewed together by the highest review authority designated for any one of the
applications, unless the Community Development Director waives the requirement for
concurrent filing. Further, any subsequent time extension request shall apply to all of the
entitlements included as part of the original project approval.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 5
30.80.050 Notice and Hearing
When required for a permit application, public hearing and/or notice for shall be
provided in accordance with Division 30.81.
30.80.060 Additional Permits and Inspections
A land use on property that complies with the applicable permit requirements or
exemption provisions of this Zoning Ordinance shall also comply with the permit
requirements of other Gilroy Municipal Code provisions and any permit requirements of
other agencies before construction or use of the property is commenced. Land use is
subject to all Building Code permit and inspection requirements of the City and all other
applicable zoning regulations and procedures. All necessary permits shall be obtained
before starting work, establishing a new use or as otherwise required.
30.80.070 Post-Decision
A.Time Limits.
1. Any approval granted pursuant to this Zoning Ordinance, for a project for
which Building Permits have not been obtained within 24 months from the
date of the permit approval, or as otherwise specified in project conditions,
shall be deemed automatically revoked.
2. Upon written request prior to the expiration date of the approval, an
extension of time may be granted by the Community Development
Director.
3. Grant of an extension of time shall be applicable to all discretionary
entitlements granted for the original development project, unless otherwise
determined by the Community Development Director.
B.Effective Date. An approval granted pursuant to this Zoning Ordinance shall
become final and effective after expiration of any applicable appeal period
established by Division 30.82, and if no appeal has been filed.
C.Revisions/Amendments. Minor revisions of an approved permit, which meet
the requirements of this Division, may be approved by the Community
Development Director. Otherwise, the revisions shall require filing of a new
application and approval from the codified review authority or designee. The
applicant shall file all required documents and pay all required fees associated
with the review.
D.Conditions of Approval. Revisions to conditions of approval shall require
approval from the initial review authority or designee, unless otherwise stated in
the adopted conditions.
E.Revocation. Discretionary permit approvals may be revoked or modified by the
City, upon violation of conditions of approval or City Code regulations.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 6
F.Appeals. Appeals of a decision made under this Zoning Ordinance, shall be filed
and processed in accordance with Division 30.82.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 7
Division 30.81 – Public Notices and Hearings
Sections
30.81.010 – Purpose
30.81.020 – Procedures
30.81.010 Purpose
The purpose of this Division is to establish requirements for providing notice and
conduct of public hearings when required by City Code. Public notice shall also be
provided, as required, in compliance with Government Code Sections 65090, 65091,
65092, 65094 and 66451.3, and Public Resources Code 21000 et seq.
30.81.020 Procedures
A.Setting of Hearing. When a development project requires a public hearing, the
Community Development Director shall set hearings before the Planning
Commission, and the City Clerk shall set hearings before the City Council.
B.Notices. Notice of any public hearing shall be given not less than 10 days
before the date of the public hearing as follows:
1. Publication in a newspaper of general circulation in the City;
2. Written notice mailed to the owners of the property located within a radius
of 500 feet of the exterior boundaries of the property subject to the public
hearing, using for this purpose the last known name and address of such
owners, on file in the County Assessor’s Office of the County of Santa
Clara, State of California; and
3. Installation of public notification signage on the property in accordance
with this Division.
C.Continuance of Hearing.
1. Public hearings may be continued at the request of the applicant or the
review authority. If continued twice, the third public hearing shall be re-
noticed. Any subsequent continuance for the same project shall be re-
noticed in the manner established herein.
2. Notwithstanding the above process for re-noticing, the continuance of
public hearings and time for the decision makers to act on a project is
subject to the time limits established by State law, including but not limited
to the Subdivision Map Act, the Permit Streamlining Act, the Housing
Accountability Act, and the California Environmental Quality Act.
D.Content of Notice. Notice of a public hearing shall consist of the words “Notice
of Hearing” and shall include all the following information, as applicable.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 8
1.Hearing Information. The date, time, and place of the hearing and the
name of the review authority; a brief description of the City's general
procedure concerning the conduct of hearings and decisions (e.g., the
public’s right to appear and be heard); and the phone number and street
address of the Planning Division where an interested person could call or
visit to obtain additional information.
2.Project Information. The name of the applicant; the City's file number
assigned to the application; the type of application being considered, a
general description of the project; and a general description of the location
of the subject property, in text and/or by diagram.
3.Environmental Determination/Recommendation. A statement
regarding any applicable environmental recommendation or determination
for the project (i.e., Statutory or Categorical Exemption, Negative
Declaration or Mitigated Negative Declaration, Environmental Impact
Report) in compliance with the California Environmental Quality Act
(CEQA) and the City’s CEQA Guidelines.
E.Signs Required. In addition to any written notice that may be required by this
Division, at least 10 days before a public hearing or project decision, the
applicant shall install public notification signage on the property that is the subject
of the public hearing or project decision, as follows:
1. The following applications shall install a four-foot by eight-foot sign on the
subject property: subdivisions of five or more parcels; Architectural and
Site Plan Review applications for nonresidential structures and residential
developments with three or more units; Zoning Text or Map Amendments
that are not applicable City-wide; and General Plan Amendments that are
not applicable City-wide.
2. All other Architectural and Site Review, Conditional Use Permit, and
Variance applications shall install a two-foot by three-foot sign.
3. The project applicant shall submit photos of the installed sign, and a
signed affidavit that states the property sign has been installed consistent
with this Division and the standards established by the Planning Division.
4. The form and content of the sign shall be as specified by the Planning
Division to sufficiently identify the proposed development, project file
number, applicant name, and contact information of the Planning Division.
5. The sign shall be maintained and remain on the project site until after the
City renders a decision on the project and any appeal period established
in the Zoning Ordinance has expired. The sign shall be removed within
seven days of the expiration of the appeal period.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 9
F.Additional Notice. Additional notice may be provided in a manner that the
Community Development Director determines is necessary or desirable.
G.Defect or Error in Notice. Any defect or error appearing in any notice shall not
invalidate any proceedings.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 10
Division 30.82 – Appeals
Sections
30.82.010 – Purpose
30.82.020 – Eligibility to Appeal
30.82.030 – Appeal Procedures
30.82.010 Purpose
The purpose of this Division is to provide the process for appeal of a discretionary
decision or action made pursuant to the provisions of this Zoning Ordinance.
30.82.020 Eligibility to Appeal
An appeal in compliance with this Division may be filed by an interested party who, in
person or through a representative, appeared at the public hearing in connection with
the decision being appealed and provided comments/testimony, or who otherwise
informed the City in writing of the nature of their concerns before the conclusion of the
public hearing.
30.82.030 Appeal Procedures
A.Appeal Form. An appeal shall be submitted in writing, stating the specific
aspect of the decision being appealed, and supporting evidence
substantiating the following:
1. Evidence of eligibility to appeal; and
2. The basis for the appeal including but not limited to any specific
legal or factual errors made by the Community Development
Director or Planning Commission, the reason specific findings must
be or cannot be made, and/or any inadequacy of conditions
necessary to mitigate significant project impacts.
B.Filing and Time Limits.
1. Community Development Director Decisions. Any decision of the
Community Development Director may be appealed to the Planning
Commission by written request to the Planning Division and
payment of the appeal fee within 20 days after the date of the
decision.
2. Planning Commission Decisions. Any decision of the Planning
Commission may be appealed to the City Council, by written
request to the City Clerk and payment of the appeal fee within 20
days from the date of decision by the Planning Commission.
City of Gilroy Zoning Ordinance Article 8 – Application Procedures
Article 8, Page 11
C.Public Hearing.
1. Consideration of an appeal shall be by public hearing. Notices
shall be mailed in compliance with the provisions of Division 30.81
and the hearing shall be held within 30 days of the complete filing
of such appeal.
2. When a matter has been appealed to the City Council, the City
Council may refer the matter back to the Planning Commission for
further study and report for additional information, or due to the
submission of significant new material or evidence for the appeal.
D.Decision and Findings. The Planning Commission or City Council shall
adopt a resolution that clearly states the facts and reasons for the decision
rendered and any condition or limitations imposed to uphold or deny the
appeal, in whole or in part, or to modify the application.
E.Effective Date of Appeal Decisions. The review authority's decision on
an appeal shall be effective immediately. Action by the City Council on an
appeal shall be final.
Chapter 30 – Zoning Ordinance
i.Article 9 – Planning Permits
Division 30.90 – Zoning Clearance
Division 30.91 – Architectural and Site Plan Review and Minor Modification Permits
Division 30.92 – Temporary Use Permits
Division 30.93 – Minor Use Permits
Division 30.94 – Conditional Use Permits
Division 30.95 – Historic Resource Permits
Division 30.96 – Variances and Minor Deviation Permits
Division 30.97 – Reasonable Accommodation Permits
Division 30.98 – Planned Development Permits
Division 30.90 – Zoning Clearance
Zoning clearance is a ministerial procedure used to verify that a proposed land use or
structure complies with the applicable zone and development standards. An example
includes the alteration, construction, modification, or reconstruction of a wireless
telecommunication co-location facility pursuant to the provisions of Section 30.42.070.
The Community Development Director may issue a zoning clearance determination
after confirming the proposed land use or structure complies with the applicable
provisions of this Zoning Ordinance.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 3
Division 30.91 – Architectural and Site Plan Review and Minor Modifications
Sections
30.91.010 – Purpose and Intent
30.91.020 – Exemptions
30.91.030 – Architectural and Site Plan Reviews
30.91.040 – Minor Modifications
30.91.050 – Scope of Review
30.91.060 – Findings
30.91.070 – Conditions of Approval
30.91.010 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. It is the intent of this Division to ensure
that all approved site and structural development:
A. Promotes the orderly development of the City in compliance with the goals,
objectives, and policies of the General Plan, any applicable specific plan, the
applicable standards specified in this Zoning Ordinance, and any applicable
design standards;
B. Respects the physical and environmental characteristics of the site;
C. Ensures safe and convenient access and circulation for pedestrians and
vehicles;
D. Exemplifies high-quality design practices;
E. Encourages the maintenance of a distinct neighborhood and/or community
identity; and
F. Minimizes or eliminates negative or undesirable visual impacts.
30.91.020 Exemptions
The following actions are exempt from this Division, but shall be reviewed through the
building permit process for compliance with the applicable zoning and development
standards:
A. Construction of a permitted single-family residential dwelling unit and/or
permitted residential accessory structures on a lot when located within the R1 or
R2 Zone District.
B. Residential development that is exempt from discretionary review under state
law, or by adopted policy of the City of Gilroy City Council.
C. Accessory Dwelling Units and Junior Accessory Dwelling Units which are
regulated pursuant to Section 30.5X.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 4
D. Construction of four or fewer single-family residential dwelling units within the
same parcel map or final map.
E. Demolition of non-historic single-family dwellings or residential accessory
structures, subject to site restoration as determined necessary by the Community
Development Director, and subject to the housing replacement requirements of
State law.
F. Accessory structures not requiring a building permit and that are consistent with
zoning regulations and adopted City policies.
F. Interior remodeling that does not change the density, intensity, use, or exterior
appearance of a structure.
G. Minor repair and/or maintenance to existing structures, landscaping, parking, or
other site improvements to keep the site in good repair and condition.
H. Demolition of 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
their size, nature, condition, or other factors are determined by the Community
Development Director to not require a permit pursuant this Division.
30.91.030 Architectural and Site Plan Review Permits
A. 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.Nonresidential Development.
a. New construction or major remodeling (i.e., additions or alterations
exceeding 50 percent of the existing gross building floor area) of a
single structure.
b. Installation of trailers and mobile units on a site; except temporary
structures permitted in compliance with Division 30.92 (Temporary
Use Permits).
c. Design alterations exceeding 50 percent of any building façade that
is visible from a public street or parking lot.
d. Additions, relocation, or demolition of non-residential structures
1,000 square feet in area or larger.
e. Installation and/or replacement of site improvements totaling 2,500
square feet in area or larger.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 5
f. Establishment or use of a lot for outdoor storage, except ancillary
uses that may be allowed as a Minor Modification to a conforming
developed property.
g. Wireless facilities in accordance with Section 30.42.070.
2.Residential Development.
a. New duplex or multi-family units.
b. New single family residential dwellings, or accessory structures
requiring building permits, located in the RH, ND or PD zone
districts, except as otherwise allowed by law.
c. Development of five or more single-family residential parcels within
the same subdivision.
d. Installation and/or replacement of 2,500 square feet or more of
impervious surface area.
3.Historic Resources. Projects that require an Historic Resource Alteration
Permit or Historic Resource Demolition Permit pursuant to the provisions
of Section 30.95 (Historic Resources Permits and Mills Act Agreements)
B. Applications for Architectural and Site Review Plan Review shall be subject to
administrative review by the Community Development Director, except when
review by the Planning Commission or City Council is required by this Zoning
Ordinance. A decision on the application shall be based on the Findings in
Section 30.91.060 and notice shall be provided in compliance with the provisions
of Division 30.81.
30.91.040 Minor Modification Permits
A. Minor Modification review shall be required for the following actions, not
otherwise exempt from this Division:
1. Changes to previously approved development permits, or to property
developed prior to the requirement of an Architectural and Site Plan
Review, that involve only minor modification of exterior design features,
exterior lighting, or landscape details.
2. Demolitions, additions, or relocation of non-historic non-residential
buildings or accessory structures less than 1,000 square feet in area.
3. Creation or replacement of less than two thousand five hundred (2,500)
square feet of impervious surface.
4. Above ground storage tanks of 10,000 gallons or less in an industrial
zoning districts and 2,000 gallons or less in all other zoning districts.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 6
5. Reconfiguration of parking spaces in a permitted and required parking lot.
6. Minor changes to an approved Planned Development Permit.
7. Other modifications determined by the Community Development Director
to be similar in nature to the types of improvements included in this list.
B. A Minor Modification request shall not require notice, public hearing or written
findings. Approval may be issued by the Community Development Director in the
form of a stamp, letter, or authorization of a Building Permit application.
30.91.050 Scope of Review
Development shall be reviewed to ensure compliance with this Zoning Ordinance; any
adopted City guidelines, policies or standards; and all applicable federal, state, regional
and local regulations. The Review Authority shall also insure that, at minimum, the
development addresses and adequately meets requirements for the following:
A. Traffic Safety and Efficiency, including traffic volume and capacity of roadways;
circulation patterns within the development; locations and dimensions of
vehicular and pedestrian access; adequacy of off-street parking; surfacing,
lighting, and landscaping of off-street parking facilities; adequacy, location,
arrangement, and dimensions of truck loading and unloading facilities.
B. Signage, including location and placement to ensure signage is adequate, safe,
and sufficient for the anticipated uses, and compatible with the site and building
design. A separate sign permit, pursuant to Division 30.38, may be required.
C. Site Design, including arrangement and placement of buildings to consider
physical site characteristics and constraints, existing and proposed easements,
existing and projected public improvements, location and placement of open
space, and compliance with building and fire codes.
D. Landscaping, in accordance with Division 30.36, including screening of utilities,
equipment, walls, fences, and storage areas; planting to prevent erosion and
dust; preservation of existing mature trees; tree planting for shading of pavement
and parking areas; required street tree planting; methods to ensure continued
health and maintenance of landscaping and water efficiency; and incorporation of
drainage and flood control features.
E. Environmental Impacts, including consistency with the City’s adopted
environmental review procedures and process and the California Environmental
Quality Act (CEQA).
30.91.060 Findings
The Review Authority may approve or conditionally approve an Architectural and Site
Plan Review only after making all of the following findings:
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 7
A. The proposed project is consistent with the General Plan and any applicable
specific plan;
B. The proposed project complies with all applicable provisions of the Zoning
Ordinance and other adopted City policies and regulations;
C. The project complies with the provisions of the California Environmental Quality
Act.
30.91.070 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. 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 30.36 (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.
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.
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.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 8
Division 30.92 – Temporary Use Permits
Sections
30.62.010 – Purpose
30.62.020 – Applicability
30.62.030 – Findings
30.62.040 – Conditions of Approval
30.62.050 – Exemptions
30.62.060 – Restoration of Site
30.92.010 Purpose
The purpose of this Division is to allow for short-term activities that would be compatible
with adjacent and surrounding uses when conducted in compliance with this Division
and in accordance with the purposes and intent of the Zoning Ordinance.
30.92.020 Applicability
A permit for a temporary use may be issued on private property for the following:
A.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.
B.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.
C.Temporary Business Expansion. Temporary structures or improvements
located on the same or adjacent property that are requested to accommodate
immediate expansion needs of a business, and only to allow time for the
business to submit 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 of specified site improvements, conditions of
approval, and additional permits from the City.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 9
D.Seasonal Sales and 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:
1. Temporary events and activities not covered under the City’s Special
Event Permit process.
2. 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.
3. Sales of fireworks, as regulated by all applicable City policies and
ordinances.
E. The Community Development Director may allow other temporary activities that
are determined to be similar in nature to the activities in this Section.
30.92.030 Findings
The Review Authority may approve the permit only after making the following findings:
A. The temporary use will not be detrimental to the zone in which it is proposed to
be located; and
B. The temporary use will not be detrimental to adjoining properties through the
creation of excessive dust, noise, light, odor, or other objectionable
characteristics.
30.92.040 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. This may include and not be
limited to restrictions on the duration, days, times, and hours of the operation, and
guarantees to ensure removal of the temporary structures or use and restoration of the
site.
30.92.050 Exemptions
The following activities are exempt from the provisions of this Division.
A.Emergency Facilities. Emergency public health and safety facilities or land use
activities, as determined by the City Administrator.
B.Special Events. Activities that are covered under a Special Events Permit.
C.Garage and Yard Sales. In compliance with standards established in Section
13.44(d) of Chapter 13 of the Municipal Code.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 10
D.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.
30.92.060 Revocation / Restoration of Site
At the end of the approval period, the site shall be cleaned 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 shall be grounds for the revocation of the permit and/or other
enforcement action.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 11
Division 30.93 – Minor Use Permits
Sections
30.93.010 – Purpose and Intent
30.93.020 – Administrative Review
30.93.030 – Findings
30.93.040 – Conditions of Approval
30.93.050 – Post-Decision
30.93.010 Purpose and Intent
The purpose of this Division is to provide an administrative process for issuance of a
Minor Use Permit to allow activities associated with certain land uses specified by
Article 2 (Zones, Allowable Uses, and Development Standards), and impose reasonable
conditions deemed necessary to meet the objectives of this Zoning Ordinance.
30.93.020 Administrative Review
The Community Development Director may approve a Minor Use Permit, only after first
making the findings specified in Section 30.93.030. Notice and hearing are not required.
30.93.030 Findings
The Review Authority may approve or conditionally approve a Minor Use Permit only
after first making all of the following findings:
A. The proposed use is consistent with the General Plan and any applicable specific
plan;
B. The proposed use is allowed within the subject zone and complies with all other
applicable provisions of this Zoning Ordinance and the Gilroy Municipal Code;
C. As proposed and conditioned, operation of the use at the subject location would
be compatible with the surrounding uses and will not materially affect the health,
comfort, or general welfare of persons residing or working in the immediate
neighborhood and will not be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood; and
D. The project complies with the provisions of 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.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 12
30.93.050 Post-Decision
In addition to the post decision provisions of Section 30.80.070, the following shall apply
to issuance of a Minor Use Permit:
A.Operation. A Minor Use Permit approved and established in compliance with the
provisions of this Division shall continue to be valid at the subject property upon
any change of ownership of the business, parcel, service, structure, or use that
was the subject of the permit approval in the same area, configuration, and
manner as it was originally approved and in compliance with this Division.
B.Modification. Applicants wishing to modify or waive any condition imposed by a
Minor Use Permit may reapply for a new/modified permit, subject to all filing
requirements and filing fees. The applicable Review Authority 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 this Division.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 13
Division 30.94 – Conditional Use Permits
Sections
30.64.010 – Purpose and Intent
30.64.020 – Public Hearing
30.64.030 – Findings
30.64.040 – Conditions of Approval
30.64.050 – Post-Decision
30.94.010 Purpose and Intent
The purpose of this Division is to provide procedures for Planning Commission review of
a Conditional Use Permit required to authorize proposed land uses under Article 2
(Zones, Allowable Uses, and Development Standards). These permits are intended to
provide the opportunity to impose conditions to ensure land use compatibility and
mitigate potential impacts that could result from allowing the use(s) at the requested
location.
30.94.020 Public Hearing
The Review Authority may approve or deny a Conditional Use Permit following conduct
of a public hearing in compliance with Division 30.81
30.94.030 Findings
The Review Authority may approve or conditionally approve a Conditional Use Permit
only after first making all of the following findings:
A. The proposed use is consistent with the General Plan and any applicable specific
plan;
B. The proposed use is allowed within the subject zone and complies with all other
applicable provisions of this Zoning Ordinance and the Gilroy Municipal Code;
C. As proposed and conditioned, operation of the use at the subject location would
be compatible with the surrounding uses and will not materially affect the health,
comfort, or general welfare of persons residing or working in the immediate
neighborhood and will not be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood; and
D. The project complies with the provisions of the California Environmental Quality
Act.
30.94.040 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.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 14
30.94.050 Post-Decision
In addition to the post decision provisions of Section 30.80.070, the following shall apply
to issuance of a Conditional Use Permit:
A.Operation. A Conditional Use Permit approved and established in compliance
with the provisions of this Division shall continue to be valid at the subject
property upon any change of ownership of the business, parcel, service,
structure, or use that was the subject of the permit approval in the same area,
configuration, and manner as it was originally approved and in compliance with
this Division.
B.Modification. Applicants wishing to modify or waive any condition imposed by a
Conditional Use Permit may reapply for a new/modified permit, subject to all filing
requirements and filing fees. The applicable Review Authority 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 this Division.
Division 30.95 – Historic Resource Permits and Mills Act Agreements
Sections
30.65.010 – Purpose and Intent
30.65.020 – Applicability
30.65.030 – Definitions
30.65.040 – Historic Resource Alteration Permit
30.65.050 – Historic Resource Demolition / Significant Alteration
30.65.060 – Historic Resource Designation
30.65.070 – Removal From Historic Resource Inventory
30.95.010 Purpose and Intent
The intent of this Section is to identify, designate, and preserve historic resources that
represent important elements of Gilroy’s past, increase public awareness of the
architectural and cultural heritage of the community, foster civic pride of the City's
preservation efforts, and encourage the rehabilitation, restoration, and preservation of
character defining features of historic resources throughout the City.
30.95.020 Applicability
This Section applies to all listed properties on the City’s Historic Resource Inventory
(HRI), in accordance with the Historic Context Statement and Historic Resources
Inventory Update, dated July 2020, and accepted by the City Council (Resolution 2020-
53). Any property that was found to be ineligible for continued listing on the City’s HRI is
exempt from the provisions of this Section.
30.95.030 Definitions
The following definitions are intended for the interpretation of this Section.
"Alteration" means any exterior modification to a historic resource, including but not
limited to a new addition, new exterior materials that are inconsistent with historic
materials being replaced, or removal of existing architectural features. As defined
herein, alteration does not include routine maintenance and repair, such as any work
involving the in-kind replacement of existing material for the purpose of protective or
preventative measures.
"Alteration, Significant" means any alteration, destruction, relocation, demolition, or
partial demolition that may have a significant adverse effect on the character-defining
features of a historic resource. An alteration that is consistent with the Secretary of the
Interior's Standards is not generally considered a significant alteration.
“Fenestration” means the arrangement, proportioning, and design of windows and
doors (i.e., wall openings) in a building.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 16
"Historic Context Statement" means the City Council’s accepted narrative report on
the geography, history and culture that shaped Gilroy’s built environment and that
provides the basis for evaluating historic significance and integrity.
"Historic Resource" means an object, building, structure, or site, over 50 years in
age, that has been designated by Resolution of the City Council, in accordance with the
criteria of this Section.
"Historic Resource Inventory" means the official City Council approved register of
historic resources.
"Mills Act" means the state law enacted in 1972 that grants participating local
governments the authority to enter into contracts with owners of a qualified historic
resource who actively participate in the rehabilitation and maintenance of the historic
resource while receiving property tax relief.
“Restoration” means the act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period of time by means of the
removal of features from other periods in its history and reconstruction of missing
features from the restoration period.
“Rehabilitation” means the process of making possible a compatible use for a
property through repair, alterations, and additions while preserving those portions or
features which convey its historical, cultural, or architectural values. Rehabilitation is the
primary means of preservation in Gilroy and acknowledges the need to alter or add to a
historic property to meet continuing or changing uses while retaining the property's
historic character.
“The Secretary of the Interior's Standards for the Treatment of Historic Properties”,
as codified in the Code of Federal Regulations (CFR), Title 36, Part 68, (“Standards”),
are principles that promote historic preservation best practices that will help protect
Gilroy’s historic resources.
30.95.040 Historic Resource Alteration Permit
Applications to alter the exterior of any historic resource shall require review for
significance. The intent of historic resource alteration review is to provide guidance on
the preservation of character defining features of a historic resource. The Community
Development Director or designee shall review applications for historic resource
alteration and shall be bound by any uniform standards adopted by the City relating to
the intent and scope of historic resource alteration review and approval. Interior
remodeling that does not affect the building exterior or structural integrity, and routine
maintenance or repair of the exterior features of a historic resource shall not require a
historic resource alteration review.
A. Standard Review. An alteration that is consistent with the guidelines provided in
the Secretary of the Interior's Standards for the Treatment of Historic Properties
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 17
is not generally considered a significant alteration and can be processed through
the City’s standard permitting procedures for the type of structure involved (e.g.,
building permit, architectural and site review).
B. Historic Resource Evaluation Report. The Community Development Director
may recommend that a historic resource evaluation report be prepared to
determine if the project is consistent with the guidelines in Secretary of the
Interior's Standards for the Treatment of Historic Properties.
C. Planning Commission Review. If the Community Development Director or
designee determines that the alteration is not consistent with the guidelines
provided in Secretary of the Interior's Standards for the Treatment of Historic
Properties, the application shall be referred to the Planning Commission for
Historic Resource Alteration review. The Planning Commission may recommend
that a historic resource evaluation report be prepared to determine if the project
findings for approval can be made. The Planning Commission shall consider the
recommendation of the Community Development Director and any historic
evaluation report prepared for the application and shall either approve, approve
with modification, or deny the historic resource alteration application, based on
the findings for approval identified in this Division.
D. Recommended Modifications. In recommending approval of a historic resource
minor alteration, the Community Development Director or the Planning
Commission may suggest reasonable and necessary modifications to the
proposed alterations, intended to ensure that the application will comply with the
Secretary of the Interior's Standards.
E. Findings for Approval (minor alteration). An Architectural and Site review
permit for historic resource alteration shall be approved upon making all of the
following findings:
1. The proposed action is consistent with the purposes of this Article, the
applicable requirements of the Municipal Code, and the General Plan; and
2. The proposed action will not have a significant adverse effect on the
character-defining features of the historic resource and is consistent with the
Secretary of the Interior's Standards, as follows:
a. The proposed action will preserve and retain the historic character of the
historic resource and will be compatible with the existing historic features,
size, massing, scale and proportion, and materials;
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 18
b. The proposed action will, to the greatest extent possible, avoid removal or
significant alteration of distinctive materials, features, finishes, and spatial
relationships that characterize the historic resource;
c. Deteriorated historic features will be repaired rather than replaced to the
greatest extent possible; and
d. New additions will be differentiated from the historic resource and will be
constructed such that the essential form and integrity of the historic
resource shall be protected if the addition is removed in the future.
30.95.050 Historic Resource Demolition / Significant Alteration
A. Planning Commission Determination. Following review by the Planning
Commission, a significant alteration that does not meet the findings of Section
30.95.040 shall be processed in accordance with this Section.
B. CEQA Review. The Community Development Director shall require review
pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines
(Title 14, Division 6, Chapter 3 of the California Code of Regulations).
C. Findings for Approval (demolition / significant alteration). A historic resource
demolition/significant alteration can be approved by the Planning Commission
upon making alternative findings a, b or c, and findings d and e, as follows:
1. The Building Official or Fire Chief certifies the action is required for the
public safety due to an unsafe or dangerous condition; or
2. The historic resource has been substantially destroyed by fire, explosion,
earthquake or flood and the building official certifies that the structure is not
restorable due to such damage; or
3. The structure no longer conforms to the historic designation criteria
identified in this Division and the historic character of the structure cannot
be restored without immediate and significant economic hardship to the
property owner; and
4. The proposed action is consistent with the purposes of this Section, the
applicable requirements of the Municipal Code, and the General Plan; and
5. The demolition or significant alteration is exempt from CEQA, has been
mitigated to a less than significant impact, or has otherwise complied with
the CEQA statute including but not limited to preparation of an
Environmental Impact Report, as necessary.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 19
D. Preservation. The Planning Commission or City Council may suspend action on
a historic resource demolition/significant alteration for a period not to exceed one
hundred eighty (180) days to allow sufficient time for the property owner to
preserve the structure, or portions of the structure through all means available,
including, but not limited to:
1. Retaining and reusing materials or offering materials for salvage if the
materials are not able to be retained in some capacity;
2. Photographing or otherwise documenting any remaining historic features;
3. Documented advertisements publicizing the availability of the structure for
purchase for restoration purposes;
4. A map showing investigation into possible sites for relocation of the
structure; or
5. Documented letters offering the donation of the structure to nonprofit
organizations for relocation.
E. Removal from Inventory. Upon approving the demolition or significant
alteration, the structure shall be removed from the Historic Resource Inventory by
Resolution of the City Council, in accordance with Section 30.95.070.
30.95.060 Historic Resource Designation
A. Review Authority. The designation of a historic resource on the Historic Resource
Inventory shall be made by Resolution of the City Council, following a review and
recommendation by the Planning Commission.
B. Findings for Designation. Any structure or property, over 50 years in age,
within the City may be designated as a historic resource if the City Council
makes one of the following findings:
1. It exemplifies or reflects special elements of the City’s cultural, social,
economic, political, aesthetic, engineering or architectural history; or
2. It is identified with persons or events significant in local, state or national
history; or
3. It embodies distinctive characteristics of a style, type, period or methods of
construction, or is a valuable example of the use of indigenous materials or
craftsmanship; or
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 20
4. It is representative of the work of a notable builder, designer or architect.
30.95.070 Removal From Historic Resource Inventory
A. Review Authority. The removal of a historic resource from the Historic Resource
Inventory shall be made by Resolution of the City Council, following a review and
recommendation by the Planning Commission. The Planning Commission may
recommend that a historic resource evaluation report be prepared to determine if
the applicable findings for removal can be made.
B. Findings for Removal. Any resource may be removed from the Historic
Resource Inventory upon a finding that the object, building, structure, or site no
longer meets the required findings for designation on the Historic Resource
Inventory.
30.95.080 Mills Act Contract
A. Review Authority. To foster and encourage the preservation, maintenance,
rehabilitation, and restoration of historic resources, the City Council may, by
resolution at its sole discretion, approve a Mills Act contract for any property that
is listed, or recommended for listing, on the City’s Historic Resource Inventory.
B. Term. Mills Act contracts are recorded against the property title, have a contract
term of 10 years with automatic annual extensions, and may be cancelled by the
City if it is determined that the owner, or any subsequent owner, has breached
any mandatory conditions of the contract.
C. 10 Year Preservation Plan. The applicant shall submit and maintain a ten-year
plan of proposed improvements to the property, including cost estimate broken
down by individual task and estimated year of improvement. The property owner
shall invest Mills Act property tax savings into the ongoing maintenance of the
historic property.
D. Ongoing Preservation. The owner, and subsequent owners, shall preserve and
maintain the historic property in accordance with the Mills Act Contract, the
preservation plan, and Secretary of the Interior's Standards for Rehabilitation.
E. Inspections. Mills Act Property owners shall be subject to inspections by the City
periodically, or at least every 5 years, to ensure the property is being maintained
in accordance with the Mills Act contract.
Division 30.96 – Variances and Minor Deviation Permits
Sections
30.66.010 – Purpose
30.66.020 – Review Authority
30.66.030 – Findings
30.66.040 – Precedents
30.66.050 – Conditions of Approval
30.66.060 – Post-Decision
30.96.010 Purpose
The purpose of this Division is to provide the process for a Variance from the strict
application of any of the provisions of this Zoning Ordinance, to the extent necessary to
overcome physical or environmental constraints associated with the subject property.
Use variances are not permitted. Given the strict limitations of the Variance
requirements, the Minor Deviation permit process allows for minor deviations of
specified development standards, under certain circumstances.
30.96.020 Review Authority
A.Variances. The Planning Commission may approve a Variance from the
development standards required by this Zoning Ordinance only after providing
notice and holding a public hearing consistent with Division 30.81, and upon
making the findings for approval in Section 30.96.030.A.
B.Minor Deviations. The Community Development Director may approve a Minor
Deviation for standards specified in Table 30.96-1 (Types of Minor Deviations
Allowed) upon making the findings for approval in Section 30.96.030.B. A public
notice and/or hearing are not required prior to action on a Minor Deviation.
Table 30.96-1
Types of Minor Deviations Allowed
Types of Minor Deviations Maximum Deviation
Parking Space Requirements. Reduction in the number of required
off-street parking and loading spaces and/or of off-street parking
space design, layout, and landscape standards.
25 percent, up to 4 stalls
Setbacks. A decrease in a required setback, except that no projection
into a public utility easement or property boundary is allowed.
25 percent
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 22
30.96.030 Findings
A.Variance Findings. The Review Authority may approve a Variance application
only after first making all the following findings:
1. There are special circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other
physical features) that do not apply generally to other properties in the
vicinity under an identical zoning classification;
2. Strict compliance with Zoning Ordinance requirements would deprive the
subject property of privileges enjoyed by other property in the vicinity and
under an identical zoning classification;
3. Approving the Variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the same vicinity
and zone in which the subject property is situated;
4. The requested Variance would not allow a use or activity that is not
otherwise expressly authorized by the regulations governing the subject
parcel; and
5. The project complies with the provisions of the California Environmental
Quality Act.
B.Minor Deviation Findings. The Review Authority may approve a Minor
Deviation application only after first making all 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;
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.
30.96.040 Precedents
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.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 23
30.96.050 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.
30.96.060 Post-Decision
In addition to the post-decision provisions of Section 30.80.070, a Variance or Minor
Deviation approved and established in compliance with the provisions of this Division,
unless revoked, shall continue to be valid upon a change of ownership of the property
that was the subject of the permit approval in the same area, configuration, and manner
as it was originally approved in compliance with this Division.
Division 30.97 – Reasonable Accommodation Permits
Sections
30.67.010 – Purpose
30.67.020 – Applicability
30.67.030 – Review Authority
30.67.040 – Findings
30.67.050 – Conditions of Approval
30.97.010 Purpose
The purpose of this Division is to provide a process for individuals with disabilities to
make requests for reasonable accommodation regarding relief from the City’s various
land use, zoning, and development regulations, policies, and procedures, in compliance
with the Federal Fair Housing Amendments Act of 1988 (FFHAA) and the California Fair
Employment and Housing Act (the Acts). This Division is intended to provide people
with disabilities reasonable accommodation in the application of rules, policies,
practices, and procedures that may be necessary to ensure equal access to housing.
30.97.020 Applicability
A. A request for Reasonable Accommodation may be made by any person with a
disability, their representative, or any entity, when the application of a zoning law
or other land use regulation, policy, or practice acts as a barrier to fair housing
opportunities.
B. A person with a disability is a person who has physical or intellectual impairment
that limits or substantially limits one or more major life activities, anyone who is
regarded as having such impairment, or anyone who has a record of such
impairment. This Section is intended to apply to those persons who are defined
as disabled by the Acts.
C. A request for Reasonable Accommodation may include a modification or
exception to the rules, standards, and practices for the siting, development, and
use of housing or housing-related facilities that would eliminate regulatory
barriers and provide a person with a disability equal opportunity to housing of his
or her choice.
D. A Reasonable Accommodation may be granted only to the household that needs
the accommodation and does not apply to successors-in-interest to the property.
E. A Reasonable Accommodation request that is granted in compliance with this
Division shall not, in and of itself, require the approval of a Variance or a Minor
Deviation.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 25
30.97.030 Review Authority
The Community Development Director shall make a written decision and either approve,
conditionally approve, approve with modifications, or deny a request for Reasonable
Accommodation within 45 days of the application being deemed complete. However, if
the project involves both a request for Reasonable Accommodation and another
discretionary approval (e.g., Conditional Use Permit, Architectural and Site Plan
Review, etc.), the application shall be reviewed by the highest Review Authority.
30.97.040 Findings
The written decision to approve, conditionally approve, or deny a request for
Reasonable Accommodation shall be based on consideration of all the following
findings:
A. Whether the housing, which is the subject of the request, will be used by an
individual defined as disabled under the Acts;
B. Whether the request for Reasonable Accommodation is necessary to make
specific housing accessible to an individual with a disability under the Acts;
C. Whether the requested Reasonable Accommodation would impose an undue
financial or administrative burden on the City;
D. Whether the requested Reasonable Accommodation would require a
fundamental alteration in the nature of a City program or law, including but not
limited to land use and zoning;
E. Whether the requested Reasonable Accommodation would result in an adverse
impact to public health or safety on the subject site or to surrounding properties;
and
F. Whether alternative Reasonable Accommodations may provide an equivalent
level of benefit.
30.97.050 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. The following conditions shall be
standard on all Reasonable Accommodation approvals:
A. The Reasonable Accommodation shall only be applicable to the specific request
for which the application is made.
B. The Reasonable Accommodation is subject to all Building Code permit and
inspection requirements of the City and all other applicable zoning regulations
and procedures.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 26
C. A Reasonable Accommodation shall lapse if the exercise of rights granted by it,
is discontinued for at least 180 consecutive days.
D. If the person(s) initially occupying a residence vacates, the Reasonable
Accommodation shall remain in effect only if the Community Development
Director first determines that:
1. The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with this Zoning Ordinance;
or
2. The accommodation is to be used by another qualifying individual with a
disability.
E. The applicable Review Authority may impose additional conditions on the
approval of a Reasonable Accommodation request that are consistent with the
purposes of this Division and the findings for approval.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 27
Division 30.98 – Planned Development Permits
Sections
30.68.010 – Purpose and Intent
30.68.020 – Applicability
30.68.030 – Notice and Hearing
30.68.040 – Findings
30.68.050 – Conditions of Approval
30.68.060 – Planned Development Permit Amendments
30.98.010 Purpose and Intent
The purpose of the Planned Development Permit process is to allow for review and
approval of customized development standards for projects located within a Planned
Development (PD) Combining District, under limited and appropriate circumstances.
The Planned Development Permit shall provide the precise development plan for the
site consistent with the adopted PD Combining Zone, and shall accomplish the
following:
A.Efficient Use of Land. Utilize innovative site planning and project design that
results in more effective solutions to unique site features and environmental
conditions; minimizes impacts on abutting properties; and achieves a more
desirable and appropriate living or business environment that may not otherwise
be possible through the strict application of the development standards specified
in Article 2 (Zones, Allowable Uses, and Development Standards), Article 3
(Regulations Applicable to All Zones), and Article 4 (Standards for Specific Land
Uses);
B.Enhanced Amenities. Provide enhanced amenities, including but not limited to
additional and creative private and public open space, public art, or other
enhanced amenities beyond those generally required by this Zoning Ordinance
or adopted design standards; and
C.Higher Quality Design. Provide a higher quality design than would otherwise
be achieved through compliance with the development standards or design
policies of the subject zone.
30.98.020 Applicability
A Planned Development Permit may only be requested for a commercial retail,
industrial, mixed-use, office, residential, or business campus-type development project
that is located within a Planned Development Combining Zone that has been
established for the property pursuant to Section 30.29.040 (Planned Development Zone
Standards). The Planned Development Permit may be processed concurrent or
subsequent to establishment of the Planned Development Combining District for the
property.
City of Gilroy Zoning Ordinance Article 9 – Planning Permits
Article 9, Page 28
30.98.030 Notice and Hearing
Notice and public hearing shall be required for action on a Planned Development Permit
application, in compliance with Division 30.81. The Review Authority may either
approve, approve in modified form, conditionally approve, or deny the Planned
Development Permit application, based upon the findings contained in Section
30.98.040. Amendments shall be subject to review in accordance with Section
30.98.060.
30.98.040 Findings
The Review Authority may approve or conditionally approve a Planned Development
Permit application only after first making all the following findings:
A. The project is consistent with the General Plan and any applicable specific plan;
B. The project complies the general purposes of this Zoning Ordinance, the
purposes of Planned Development Combining Zone, and the standards and
requirements of the Planned Development Zone regulations applied to the
property;
C. The project accomplishes the specific purposes of this Division; and
D. The project complies with the provisions of the California Environmental Quality
Act.
30.98.050 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.
30.98.060 Planned Development Permit Amendments
A.Minor Changes (Community Development Director). Minor changes in the
Planned Development Permit that do not involve an increase in the number of
dwelling units, more than a 10% increase in the height, floor area, or lot coverage
of the site, or any changes to the conditions of approval may be approved by the
Community Development Director through a Minor Modification Permit.
B.Substantive Changes (Planning Commission / City Council). Applications for
requested changes that cannot be approved by the Community Development
Director shall be subject to review and recommendation by the Planning
Commission, and final action by the City Council.
C.Additional Conditions. The Review Authority may impose added stipulations,
changes, and/or conditions to the Planned Development Permit as it deems
reasonable and necessary.
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: September 05, 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 August 1, 2024 meeting.i
APPROVED PROJECT # LOCATION PROJECT NAME & DESCRIPTION
8/19/2024 AS 22-22 601 Renz Lane This application approved a new perimeter wall and minor site improvements at an existing PG&E
substation.
8/27/2024 AS 24-15 450 Leavesley Road This application approved interior and
exterior work and the addition of a
second drive-thru lane at the existing Burger King drive-thru restaurant.
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