ARTICLE XI. RESIDENTIAL USE TABLES

30.11.10 Residential use table.

(a) Statement of Intent. The intent of this residential use table is to clearly and precisely designate permitted uses and conditional uses within each of the following districts:

A1

Agriculture District

RR

Rural Residential District

R1

Single-Family Residential District

R2

Two (2) Family Residential District

R3

Medium Density Residential District

R4

High Density Residential District

RH

Residential Hillside District

ND

Neighborhood District

(b) Designation of Residential Uses. The residential use table indicates whether a variety of uses are unconditionally permitted, permitted only with a conditional use permit from the planning commission, or permitted only under special conditions. The planning commission, or its designee, shall determine, upon written request, whether any use not listed in the residential use table is similar in character to a described use for the purpose of applying the district regulations and conditions.

(c) Residential Use Table.

 

A1

RR

R1

R2

R3

R4

RH

ND

Accessory Building

X

X

X

X

X

X

X

*

Temporary Building

X

X

X

X

X

X

X

*

Agricultural Uses

 

 

 

 

 

 

 

 

Agriculture

X

X

C

C

C

C

C

*

Animal Husbandry

C

C

 

 

 

 

 

*

Animal Services

 

 

 

 

 

 

 

*

Animal Boarding

X

X

 

 

 

 

 

*

Veterinary Hospital

X

X

 

 

 

 

 

*

Commercial Uses

 

 

 

 

 

 

 

 

Bed/Breakfast Establishment (1—2 Rooms)

 

C

C

C

C

C

C

*

Boarding or Rooming House

 

X

C

C

C

C

C

*

Day Care Center

 

C

C

C

C

C

C

*

Family Day Care Home

 

X

X

X

X

X

X

*

Landscape Nursery

 

C

 

 

 

 

 

*

Sale of Farm Products (Grown on Site)

X

C

 

 

 

 

 

*

Subdivision Sales Office

 

 

T

T

T

T

T

*

Public and Semi-Public Uses

 

 

 

 

 

 

 

 

Community Garden

 

X

X

X

X

X

X

*

Golf Course or Country Club

 

C

C

C

C

C

C

*

Hospital

 

 

 

 

C

C

 

*

Neighborhood Bazaar

 

 

T

T

T

T

T

*

Open Space (Recreational)

 

X

X

X

X

X

X

*

Private Neighborhood Park, Recreation Facility(2)

 

C

C

C

C

C

C

*

Publicly Owned Building or Facility

 

X

X

X

X

X

X

*

Religious Institution

 

X

X

X

X

X

X

*

Schools (Private ≤ 12 Students or Public)

 

X

X

X

X

X

X

*

Schools (Private > 12 Students)

 

C

C

C

C

C

C

*

Housing/Residential Uses(3)

 

 

 

 

 

 

 

 

Accessory Dwelling Unit(1)

X

X

X

X

X

X

X

*

Condominiums/Townhomes

 

 

 

 

X

X

X

*

Duplex(1)

 

 

X

X

X

X

X

*

Efficiency Dwelling/Micro Unit(1)

X

X

X

X

X

X

X

 

Emergency Shelter(1)

C

C

C

C

C

X

C

*

Employee/Agricultural Worker Housing(1)

X

X

X

X

X

X

X

*

Home Occupation(4)

X

X

X

X

X

X

X

*

Mobile Home Park

 

 

C

C

X

X

 

*

Multiple-Family Building (3 or More Units)

 

 

 

 

X

X

 

*

Residential Care Homes(1)

X

X

X

X

X

X

X

*

Single-Family Dwelling or Modular Home

X

X

X

X

X

X

X

*

Single-Room Occupancy (SRO)(1)

 

 

 

 

 

X

 

*

Supportive and Transitional Housing(1)

X

X

X

X

X

X

X

*

X = Principally permitted (see Article L for related planning application requirements).

C = Subject to the approval of a conditional use permit (see Article L, section 30.50.30).

T = Subject to the approval of a temporary use permit (see Article XLVII).

* = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located.

(1)    See section 30.11.15 (Specific housing use types).

(2)    A private neighborhood park or recreation facility is subject to the approval of a conditional use permit granted by the planning commission, unless otherwise allowed through an approved planned unit development.

(3)    For mixed-use projects, the residential portion shall comply with the density standards and the nonresidential portion shall comply with the FAR requirements.

(4)    A home occupation shall meet the requirements of Article XL and shall be subject to approval of a zoning clearance by the planning manager or designee.

(Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2014-06, § 2, 5-5-14; Ord. No. 2018-02, § 7, 1-8-18; Ord. No. 2019-08, § 4 (Att. A), 10-7-19; Ord. No. 2020-03, § 3, 7-6-20; Ord. No. 2023-04, § 3, 5-15-23; Ord. No. 2024-01, § 2 (Exh. A), 6-3-24)

30.11.15 Specific housing use types.

(a) Accessory Dwelling Unit(s). Accessory dwelling unit(s) and/or junior accessory dwelling units are permitted subject to compliance with the regulations prescribed in Article LIV.

(b) Emergency Shelter. Emergency shelters shall be subject to the performance standards listed in Article XLI, section 30.41.32. Emergency shelters shall be permitted by right in the R4 zone district and areas designated mixed use (MU) on the Gilroy 2040 General Plan land use diagram.

(c) Efficiency Dwelling/Micro Unit. Pursuant to Health and Safety Code Section 17958.1, there shall be no limit on the number of efficiency units, whose meaning is as specified in Part 2 of Title 24 of the California Code of Regulations, the California Building Code, on property located within one-half (1/2) mile of public transit or where there is a car share vehicle located within one (1) block of the efficiency unit. Any requirements related to density, setbacks, lot coverage, or height restrictions are not considered a limit on the number of efficiency units.

(d) Employee/Agricultural Worker Housing. Pursuant to Health and Safety Code Section 17021.5, employee housing for six (6) or fewer persons will be treated as a single-family structure and residential use, subject to the same density requirements, regulations, and objective standards that apply to other single-family dwellings in the same zone (A1, RR, R1). Pursuant to Health and Safety Code Section 17021.6, employee housing consisting of thirty-six (36) or fewer beds in group quarters, or twelve (12) or fewer units designed for use by a single family or household, will be treated as an agricultural use, subject to the same density requirements, regulations, and objective standards that apply to other agricultural activity in the same zone (R2, R3, R4, RH, ND).

(e) Housing Element Opportunity Sites. Development projects on property identified in the Gilroy 2023-2031 Housing Element RHNA Opportunity Sites Inventory shall include replacement units, subject to the requirements of Government Code Section 65915, subdivision (c)(3). Pursuant to Government Code Section 65583.2(c), a non-vacant site that has been identified as a housing opportunity site in a prior housing element and a vacant site that has been included in two (2) or more consecutive housing element planning periods shall be allowed residential use by right (with approval of a building permit) for housing developments in which at least twenty percent (20%) of the units are affordable to lower income households. Pursuant to Government Code Section 65583.2(i), the development shall comply with the City of Gilroy’s objective development and design standards and a proposed subdivision of the property shall be subject to all laws, including, but not limited to, city ordinances implementing the Subdivision Map Act.

(f) Duplex/Triplex/Fourplex Housing. A duplex is permitted on a corner parcel that is at least eight thousand (8,000) square feet in size in the R1 zoning district. A triplex or fourplex development is permitted on a corner parcel in the R1 and R2 zoning districts when such development is proposed in lieu of an ADU and/or JADU, the project complies with adopted objective design standards, the lot area is at least eight thousand (8,000) square feet, and the lot was created prior to May 1, 2023.

(g) Residential Care Homes. Residential care homes (also known as group homes) are subject only to the density requirements, regulations, and objective standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone, with no additional requirements based solely on the number of units provided, other than density requirements.

(h) Single-Room Occupancy. Single-room occupancy (SRO) housing is subject to the same restrictions and objective standards that apply to multifamily dwellings within the same zone. “SRO housing” means a structure that provides living units that have separate sleeping areas and some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents. SRO includes structures commonly called residential hotels or rooming houses.

(i) Supportive and Transitional Housing. Supportive and transitional housing is permitted in all residential zones subject only to those restrictions and objective standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone, when such housing meets the criteria listed in Government Code Section 65651. Parking is not required for units occupied by supportive housing residents if the development is located within one-half (1/2) mile of a public transit stop. (Ord. No. 2024-01, § 2 (Exh. A), 6-3-24)

30.11.20 Residential site and building requirement table.

(a) Statement of Intent. The intent of the residential site and building requirements table is to clearly and precisely establish the basic site and building regulations that apply to all developments in each of the following districts:

A1

Agriculture

RR

Rural Residential District

R1

Single-Family Residential District

R2

Two (2) Family Residential District

R3

Medium Density Residential District

R4

High Density Residential District

ND

Neighborhood District

(Site and building requirements for the RH residential hillside district shall be approved in accordance with the procedures established in section 30.50.50, PUD planned unit development approval, or by the approved architectural and site review for projects regulated by section 30.9.70, Exceptions.)

(b) Designation of Residential Site and Building Requirements. The figures in the residential site and building requirement table establish lot, yard, and height requirements for each of the residential zoning districts. The table also indicates where additional side and building requirements, including, but not limited to, off-street parking, landscaping, signing, fences and obstructions, and performance standards, apply to residential zoning districts.

(c) Residential Site and Building Requirement Table.

Residential District Requirements

A1

RR

R1

R2

R3

R4

ND

LOT REQUIREMENTS

 

 

 

 

 

 

 

Lot Size in Square Feet (Minimum)1 (Lots Using Street Standards in Effect Prior to February 2006)

20 ac

2.5 ac

6,000

8,0004

8,000

12,000

*

Lot Size in Square Feet (Lots Using Street Standards Adopted in February 2006)

20 ac

2.5 ac

6,660

8,880

8,880

13,320

*

YARD REQUIREMENTS

 

 

 

 

 

 

 

(Minimum Setbacks in Feet. Property Lines Adjacent to Streets Measured from the Face of Curb)

 

 

 

 

 

 

 

Front

262

262

262

262

262

262

*

Front (Lots on Bulb of Cul-de-sac)

222

222

222

222

222

222

*

Side (Adjacent to a Street)

21

21

21

21

21

21

*

Side (All Other Side Yards)

12

12

63

63

12

12

*

Rear

156

156

156

156

156

156

*

Rear (Yards Backing onto Street)

26

26

26

26

26

26

*

HEIGHT REQUIREMENTS (Maximum)

 

 

 

 

 

 

 

Building Height in Feet

35

30

35

35

457

757

*

Number of Stories

2

2

2

2

3

6

*

 

Residential District Requirements

A1

RR

R1

R2

R3

R4

ND

ADDITIONAL REGULATIONS

 

 

 

 

 

 

 

Off-Street Parking, Article XXXI

YES

YES

YES

YES

YES

YES

YES

Fences, Article XXXIV

YES

YES

YES

YES

YES

YES

YES

Signs, Article XXXVII

YES

YES

YES

YES

YES

YES

YES

Landscaping, Article XXXVIII

NO

NO

NO

YES

YES

YES

YES

ESTABLISHED DEVELOPMENT POLICIES

 

 

 

 

 

 

 

Hillside Development Guidelines5

YES

YES

NO

NO

NO

NO

NO

Residential Condominium Policy

NO

NO

NO

YES

YES

YES

YES

1    The minimum lot size shall not preclude the use of condominiums, clustered homes, mobile homes, or other innovative housing development, which conforms to the density limitations of the zoning district.

2    Garage vehicular entrances shall be set back from the property line such that they have a minimum eighteen (18) foot long driveway measured from the back of the sidewalk.

3    For dwellings located within new subdivisions (after the effective date of the ordinance codified in this chapter), containing five (5) or more lots, the total width of the two (2) side yards for any one (1) lot in an R1 or R2 district must equal twelve (12) feet. For structures in existence on the effective date of the ordinance codified in this chapter, a six (6) foot side yard setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit development, or preexisting, nonconforming use.

4    Seven thousand (7,000) sq. ft. for preexisting lots created prior to September 15, 1983; and six thousand (6,000) sq. ft. for one (1) single-family dwelling.

5    Also applies to RH district.

6    Rear yard setbacks may be reduced to ten (10) feet to accommodate a five (5) foot encroachment for rear yard patio covers.

7    For R3 and R4 lots proposed to be developed with one (1) single-family residence as the primary use, the height of the residential dwelling unit shall not exceed two (2) stories and thirty-five feet (35) feet.

*    Residential site and building requirements shall be established by the master plan or specific plan for the neighborhood district area in which the property is located.

(Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2019-08, § 5 (Att. B), 10-7-19)