Gilroy City Zoning Code
ARTICLE XLI
PERFORMANCE STANDARDS
§ 30.41.10 Statement of intent.
It is the intent of this article to provide general standards that will protect the health, safety, and welfare of residents of the City of Gilroy from land uses that include any dangerous, injurious, noxious, or otherwise objectionable public nuisance. In addition, it is the intent of this article to establish operational and development standards for emergency shelters to ensure that these uses are operated in a manner that appropriately addresses the needs of homeless individuals and families and consistent with the requirements of Government Code Section 65583.
(Ord. No. 2013-08, § 2 (Exh. A) , 8-5-2013; Ord. No. 2014-06, § 6, 5-5-2014)
§ 30.41.20 General provisions.
No land or building in any zoning district in the city shall be used or occupied in a manner that constitutes any dangerous, injurious, noxious or otherwise objectionable public nuisance. This includes uses that create an objectionable nuisance because of fire, explosive or other hazard; noise or vibration; smoke, dust, odor or any other form of air pollution; glare, heat, cold, dampness; electrical disturbance; radioactivity; liquid or solid refuse and waste or any other form of water or soil pollution. The planning director may require written consent from adjacent property owners and/or residents prior to the approval of any project that may have the potential to create a nuisance.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.41.30 Specific provisions – Hazardous material storage.
Any storage of hazardous material listed in the city’s adopted hazardous materials storage ordinance shall require issuance of a hazardous materials storage permit from the fire marshal prior to bringing such materials onto any commercial or industrial property.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.41.31 Specific provisions – Noise.
It shall be unlawful to generate noise within the city limits that exceeds the limits established in this section.
(a)
Definitions.
“Decibel (dBA)”
means a unit measuring the amplitude of sound or noise, weighted to the range of human hearing (A-weighting scale on a sound level meter).
“L10”
means the maximum noise level to be exceeded no more than ten percent (10%) of the time.
“Noise level”
means measurement of sound in decibels (dBA) obtained by using a sound level meter at slow response.
“Sound level meter”
means an instrument comprised of a microphone, an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel (dBA) units.
(b)
Maximum Outdoor Noise Levels.
(1)
Residential Noise Impacting Residential Properties. Fixed-source outdoor mechanical equipment installed after July 1, 2007 (e.g., pool, spa, air conditioning or similar equipment) is limited to a maximum of sixty (60) dBA Ldn measured at the property line or seventy (70) dBA (L10) measured at the property line.
(2)
Commercial and Industrial Noise Impacting Residentially Zoned Properties. Noise emanating from properties that are zoned for uses other than residential is limited to a maximum of 70 dBA (L10) measured at the residential property line. Such noise is limited to the hours of 7:00 a.m. to 10:00 p.m., and prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(c)
Exceptions to the Exterior Noise Limits Listed in Subsection (b) of This Section.
(1)
Persons, equipment, vehicles, alarms or sirens utilized in essential activities necessary to preserve, protect or save lives or property from danger, loss or harm;
(2)
Refuse and recycling collection vehicles when operating between the hours of 5:00 a.m. and 6:00 p.m.;
(3)
Special events operating in compliance with an approved special events permit; and
(4)
City-approved activities on public properties.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013; Ord. No. 2019-08, § 23, 10-7-2019)
§ 30.41.32 Specific provisions – Emergency shelters.
In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(a)
On-Site Management and Security. The emergency shelter shall provide on-site management and security during all hours that the emergency shelter is in operation.
(b)
Maximum Number of Beds. The maximum number of beds permitted to be served nightly by the emergency shelter shall not be limited. However, the number of beds within any single room of the emergency shelter shall not exceed fifty (50) unless a larger number is approved on a temporary basis in advance by the community development director and police chief. A floor plan that includes the maximum number of beds proposed for the emergency shelter shall be included in the application for a building permit.
(c)
Exterior and Interior On-Site Waiting and Client Intake Area. An indoor intake area shall be provided in addition to providing the minimum interior floor area required to comply with the maximum occupant load requirements of the California Building Code. In addition, an exterior area shall be provided for clients waiting for the shelter to open. The exterior waiting area shall be physically separated and visually screened from the public right-of-way. A site plan and floor plan that includes the size and location of the exterior and interior on-site waiting and intake areas shall be included in the application for a building permit.
(d)
Parking. One (1) parking stall shall be provided per employee and volunteer on the shift with the greatest number of employees and volunteers; provided, that the total number of parking stalls does not exceed the minimum parking that would be required for other residential or commercial uses within the same zone.
(e)
Lighting. Parking lots and pedestrian walkways of shelters that are open after dusk shall provide lighting of a minimum horizontal illumination of two (2) foot candles for those areas.
(f)
Length of Stay. The maximum length of stay shall be limited to one hundred eighty (180) days per calendar year or less (Health and Safety Code Section 50801(e)).
(g)
Proximity to Other Emergency Shelters. The minimum distance between emergency shelters shall be three hundred (300) feet.
(h)
Location. 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.
(Ord. No. 2014-06, § 7, 5-5-2014; Ord. No. 2023-04, § 1, 5-15-2023)
§ 30.41.40 Enforcement.
The owner or operator of each land use to which performance standards apply shall be responsible for maintaining a continuing level of performance in compliance with this article. Initial and continued compliance with the performance standards set forth in this article is required of every use in the city.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.41.41 Disaster and utility failures.
The city administrator or his designee may hold enforcement of this article in abeyance during disasters and/or major utility failures.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
