Gilroy City Zoning Code
ARTICLE LIV
ACCESSORY DWELLING UNITS
§ 30.54.10 Purpose and intent.
The intent of this article is to provide for accessory dwelling units and junior accessory dwelling units on lots zoned to allow single-family, duplex and multifamily dwelling residential use and that include a proposed or existing primary residential dwelling consistent with California Government Code Section 66310 et seq. Accessory dwelling units contribute needed housing to the City of Gilroy’s housing stock and enhance housing opportunities. An accessory dwelling unit is considered a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit is not included in calculation of residential density for the purposes of determining general plan conformance.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A) , 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A), 11-17-2025)
§ 30.54.20 General requirements.
Notwithstanding any local ordinance regulating the issuance of variances or special use permits, or regulations adopted herein to the contrary, an application for a building permit to construct an accessory dwelling unit or junior accessory dwelling unit shall be approved or denied ministerially without discretionary review or hearing within sixty (60) days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. The following requirements apply to all accessory dwelling units:
(a)
An accessory dwelling unit shall not be rented for periods less than thirty (30) days. Short-term rentals are prohibited.
(b)
An accessory dwelling unit shall not be sold separately from the primary residential structure except as permitted by California Government Code Section 66341.
(c)
Prior to the final building inspection for an accessory dwelling unit and/or a junior accessory dwelling unit, the owner must record a deed restriction stating that any accessory dwelling unit on the property may not be rented for periods less than thirty (30) days and that any accessory dwelling unit may not be transferred or sold separately from the primary residential structure except as permitted by California Government Code Section 66341.
(d)
The installation of fire sprinklers shall not be required for an accessory dwelling unit if sprinklers are not otherwise required for the primary residence.
(e)
Accessory dwelling units are subject to the objective design standards and other zoning requirements of the zoning district in which the existing primary dwelling is located and must be built in accordance with the building code set forth in Chapter 6, except for those design, zoning, and building standards inconsistent with state requirements under California Government Code 66310 et seq. Objective design standards and other zoning requirements will not be imposed if they would preclude the construction of at least an eight hundred (800) square foot attached or detached dwelling unit with four (4) foot side and rear yard setbacks.
(f)
An accessory dwelling unit is not subject to residential accessory structure regulations.
(g)
An accessory dwelling unit will not be subject to any charges and fees other than building permit fees generally applicable to residential construction in the zone in which the property is located, except as otherwise provided herein.
(h)
Any connection fees and capacity charges that may be required must be assessed in compliance with the provisions of Government Code Sections 66324 and 66338.
(i)
The accessory dwelling unit must contain water, sewer and gas and/or electric utility connections that are in working condition upon its occupancy. The accessory dwelling unit may be serviced by the primary residence or may have separate utility meters. The accessory dwelling unit will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities.
(j)
Ministerial approval of a permit for creation of an accessory dwelling unit shall not be conditioned on the correction of preexisting nonconforming zoning conditions.
(k)
A certificate of occupancy for any accessory dwelling unit shall not be issued before the local agency issues a certificate of occupancy for the primary dwelling.
(l)
If the applicant requests a delay in processing, the sixty (60) day time period shall be tolled for the period of the delay.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A), 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A), 11-17-2025)
§ 30.54.30 Single-family residential accessory dwelling unit standards.
Notwithstanding any other provisions of this article or of this chapter to the contrary, residential accessory dwelling units shall be permitted as a single-family residential use that complies with California Government Code Section 66310 et seq. and the following:
(a)
Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any zoning district that permits residential or mixed-use development and which contains an existing or proposed primary single-family residential use.
(b)
Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or detached from the proposed or existing primary dwelling; provided, that a single-family residential accessory dwelling unit contained within or attached to an existing primary dwelling unit shall have independent exterior access from the existing residence.
(c)
Unit Type Combinations. Ministerial approval for a building permit within a residential or mixed-use zone is permitted to create any of the following:
(1)
One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a.
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b.
The space has exterior access from the proposed or existing single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
d.
The junior accessory dwelling unit complies with the requirements of this article and Government Code Sections 66333 and 66334.
(2)
One (1) detached, new construction, accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.
(d)
Size.
(1)
A detached accessory dwelling unit shall not exceed a maximum size of one thousand (1,000) square feet in floor area.
(2)
An attached accessory dwelling unit shall be permitted but shall not exceed fifty percent (50%) of the existing primary dwelling gross floor area, garage area excluded. Notwithstanding this requirement, an eight hundred fifty (850) square foot one (1) bedroom or one thousand (1,000) square foot two (2) or more bedroom accessory dwelling unit shall be allowed.
(e)
Height.
(1)
The maximum height for a detached accessory dwelling unit shall be sixteen (16) feet. Detached accessory dwelling units located within one-half (1/2) mile of a major transit stop or high-quality transit corridor are permitted to a maximum height of eighteen (18) feet, and may be up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch of the primary dwelling unit.
(2)
The maximum height for a structure composed of a detached garage and an accessory dwelling unit that is proposed to be constructed above a detached garage shall be twenty-four (24) feet.
(3)
An accessory dwelling unit attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
(f)
Setbacks. An accessory dwelling unit is subject to the design criteria and zoning requirements of the district in which the existing single-family dwelling is located and as follows:
(1)
An accessory dwelling unit must not encroach upon the required front yard area unless it would preclude the construction of at least an eight hundred (800) square foot accessory dwelling unit with four (4) foot side and rear yard setbacks.
(2)
A setback of four (4) feet from the side and rear lot lines shall be required for a newly constructed accessory dwelling unit that is not constructed in the same location and to the same dimensions as an existing structure.
(3)
No additional zoning setback is required for conversion of an existing permitted accessory structure, living area, or garage space, or conversion of a structure that is constructed in the same location and to the same dimensions as the existing structure.
(g)
Parking. One (1) additional parking space shall be required for a newly constructed accessory dwelling unit, which may be located within the front setback, in tandem and in an existing driveway. Parking in setback areas or tandem parking may be denied if found to be infeasible due to specific site or life safety conditions. Notwithstanding the above, a parking stall will not be required for an accessory dwelling unit that meets any of the following criteria:
(1)
The accessory dwelling unit is created as a result of the conversion of existing area of the single-family residence or existing permitted single-family residential accessory structure.
(2)
An existing single-family residential garage, carport, covered parking structure, or uncovered parking space is converted or demolished to accommodate an accessory dwelling unit in the same location.
(3)
The accessory dwelling unit is within one-half (1/2) mile walking distance of a public transit station, such as a bus stop or train station.
(4)
The property is within an architecturally and historically significant historic district.
(5)
On-street parking permits are required in the area but not offered to the occupant of the residential accessory dwelling unit.
(6)
A car share vehicle is located within one (1) block of the accessory dwelling unit.
(h)
Design Standards. Architectural review of an attached or detached accessory dwelling unit will be limited to the following:
(1)
The design of the single-family residential accessory dwelling unit must be compatible with the existing primary dwelling. This may be achieved through use of the same architectural details, including window styles, roof slopes, exterior materials, and colors. Architectural review shall not unreasonably restrict construction of the accessory dwelling unit.
(2)
An accessory dwelling unit located within a historic site or neighborhood combining district will be subject to ministerial review for compliance with the design review criteria set forth in section 30.27.40 and must be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(3)
An accessory dwelling unit must be built in accordance with the building code set forth in Chapter 6, except that any design, zoning, and building standards inconsistent with state requirements under California Government Code Sections 66314, 66321, 66322, and 66323 shall not apply.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A), 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A) , 11-17-2025)
§ 30.54.40 Junior accessory dwelling unit standards.
Notwithstanding any other provisions in this article or of this chapter to the contrary, a junior accessory dwelling unit shall be permitted within a single-family residential unit in compliance with the following standards:
(a)
One (1) junior accessory dwelling unit may be permitted per residential lot zoned for a single-family residential use; provided, that the lot has not more than one (1) existing or proposed single-family residence, and not more than one (1) attached or detached residential accessory dwelling unit if constructed in compliance with all applicable limitations of section 30.54.30.
(b)
The unit must be constructed within the existing walls of an existing or proposed single-family dwelling.
(c)
The square footage of the unit shall be at least the minimum size required for an efficiency unit, up to a maximum size of five hundred (500) square feet in floor area.
(d)
A separate entrance from the unit to the exterior of the residence shall be provided. Internal connection may also be permitted.
(e)
An efficiency kitchen must be provided in the unit which shall include all of the following:
(1)
A cooking facility with appliances, which may be countertop appliances.
(2)
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(f)
The unit may include separate bathroom facilities or may share bathroom facilities contained within the primary residence. If a bathroom facility is shared with a primary residence, a separate interior entry to the main living area is required.
(g)
No separate utility connection, connection fee or capacity charge, or parking space shall be required for a junior accessory dwelling unit.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A), 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A), 11-17-2025)
§ 30.54.50 Multifamily and duplex residential accessory dwelling unit standards.
Notwithstanding any other provisions of this article or of this chapter to the contrary, accessory dwelling units within duplex or multifamily zoned and developed properties shall be permitted and comply with the following:
(a)
Portions of the existing duplex or multifamily dwelling structure(s) that are not used as livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages) may be converted for use as accessory dwelling units; provided, that the total number of units must not exceed twenty-five percent (25%) of the existing multifamily dwelling units or one (1) unit, whichever is greater.
(b)
An owner may also construct up to a maximum of eight (8) detached accessory dwelling units on a lot that has an existing permitted or proposed duplex or multifamily dwelling, subject to a height limit of eighteen (18) feet and four (4) foot rear yard and side setbacks; provided, that the number of accessory dwelling units does not exceed the number of existing dwelling units on the lot.
(c)
Height. Accessory dwelling units are limited to a maximum height of sixteen (16) feet, except as established below:
(1)
A detached accessory dwelling unit located within one-half (1/2) mile of a major transit stop or high-quality transit corridor is limited to a maximum height of eighteen (18) feet, and may be up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch of the primary dwelling unit.
(2)
A detached accessory dwelling unit located on a parcel with a multistory, multifamily dwelling structure is limited to a maximum height of eighteen (18) feet.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A), 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A), 11-17-2025)
§ 30.54.60 Definitions.
As used in this article, the following terms shall be defined as follows:
“Accessory dwelling unit”
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and a food preparation area (which may include countertop appliances), and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. “Accessory dwelling unit” also includes the following:
(a)
An efficiency unit, as defined in California Health and Safety Code Section 17958.1.
(b)
A manufactured home, as defined in California Health and Safety Code Section 18007.
“Attached accessory dwelling unit”
means a residential dwelling unit that is created as a result of internal conversion, addition, or combination thereof made to the primary residential dwelling unit.
“High-quality transit corridor”
means a corridor with fixed bus route service with service intervals no longer than fifteen (15) minutes during peak commute hours as defined in Section 21155 of the Public Resources Code.
“Junior accessory dwelling unit”
means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
“Livable space”
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area”
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Major transit stop”
means an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of twenty (20) minutes or less during the morning and afternoon peak commute periods as defined in Section 21064.3 of the Public Resources Code.
“Nonconforming zoning condition”
means a physical improvement on a property that does not conform with current zoning standards.
“Objective standards”
means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Public transit”
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking”
means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Ord. No. 2020-03, § 1, 7-6-2020; Ord. No. 2023-11, § 2 (Exh. A), 12-4-2023; Ord. No. 2025-09, § 2 (Exh. A), 11-17-2025)
