Article XIX — COMMERCIAL TABLES

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

(b) Designation of Commercial Uses. The commercial 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 or not any use not listed in the commercial use table is similar in character to a described use for the purpose of applying the district regulations and conditions.

(c)(1) Commercial Use Table.

X = Unconditionally permitted.

T = Temporary use—See Article XLVII.

C = Permitted only with conditional use permit granted by planning commission.

1 Conditionally permitted in the C3 district except for C3 property that is part of a block which abuts First Street, and in accordance with the requirements set forth in Article XXVIII.

2 If a caretaker’s residence is in a trailer or a mobile home, a conditional use permit is required and is valid for only one (1) year, with a maximum one (1) year extension. One (1) unit for caretaker’s quarters is an unconditionally permitted use when in conjunction with hotels, motels, bed and breakfast establishments, ambulance services, churches or mini-storage facilities.

3 Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (shopping center commercial), shall meet the following findings prior to establishment:

(a) The intent of the proposed business is to merchandise products and/or provide services to a clientele base which represents a regional draw; and

(b) A regional draw shall mean a clientele base with at least seventy-five percent (75%) of the customers residing outside the city limits.

4 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food.

5 Residential units may be allowed in conjunction with an existing business. Standalone single-family residential use of a lot is not permitted. Residential units in the C3 zones may be allowed when located on the second or third floor of a building. More than one (1) residential unit may be allowed upon approval of a conditional use permit pursuant to section 30.50.30. All residential unit projects within commercial zones shall comply with the following guidelines:

(a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property;

(b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls;

(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and

(d) Open space shall be provided, when feasible.

6 A conditional use permit may be granted to an auto-related sales business for up to four (4) temporary auto sale events on the same property within one (1) calendar year.

7 Uses allowed in the M1 zoning district subject to a conditional use permit are also subject to conditional use permit in the CM zoning district.

8 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the first floor (sidewalk level), a conditional use permit is required.

9 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city’s chief of police.

10 Permitted only if the regulations of Article XL are met.

11 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors.

12 Provided, that all provisions set forth in Chapter 8 are satisfied. See also Article II, “Definitions,” for additional use specifications.

13 Outdoor booths and sales are permitted for thirty (30) days per calendar year, in compliance with the city’s temporary use policy.

14 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are permitted without a conditional use permit.

15 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building.

16 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.

17 A drive-through window may be allowed for retail establishments/restaurant uses outside of the downtown.

(2) Downtown Commercial Use Table.

X = Unconditionally permitted.

T = Temporary use—See Article XLVII.

C = Permitted only with conditional use permit granted by planning commission.

D = Permitted only with an administratively approved downtown use permit granted by the community development director, or his/her designee.

1 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food, and liquor/alcohol is served as a clearly ancillary use.

2 All residential unit projects within commercial zones shall comply with the following guidelines:

(a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property;

(b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls or as allowed by ordinance;

(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and

(d) Open space shall be provided, when feasible.

(e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED and CD districts shall be twenty (20) units per acre.

(f) Development of new standalone single-family residential use on a lot within the downtown commercial districts is not allowed. However, an existing legally permitted historic single-family residence shall be deemed a conforming land use.

3 A conditional use permit may be granted to an auto related sales business for up to four (4) temporary auto sales events on the same property within one (1) calendar year.

4 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall not front on the street.

5 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city’s chief of police.

6 Permitted only if the regulations of Article XL, Home Occupation, are met.

7 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors, except where expressly prohibited (see footnote 8).

8 Uses offering the primary personal services of massage, tattoo, and/or piercing are prohibited.

9 Indoor only for the display and sales of automobiles with no repair or servicing.

10 Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on the one-half (1/2) block west of Gourmet Alley.

11 Day boarding only allowed; no overnight boarding.

12 Must have a prominent ancillary retail outlet or use.

13 Must be approved by a conditional use permit if within one hundred fifty (150) feet of a residential use.

14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business.

15 Only allowed ancillary to a primary use (see Article II, Definitions). Provided, that all other provisions set forth in Chapter 8 are satisfied.

16 Up to three (3) large dance venues are allowed in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. City council approval is required for the fourth or more large dance venue in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied.

17 Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors. In the gateway district, outdoor installation and servicing may occur. However, a conditional use permit is required if located within one hundred fifty (150) feet of a residentially zoned property.

18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are enumerated under “pool/billiards establishment and indoor recreation.”

19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building.

20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32.

21 Administrative approval of a downtown use permit is required when criteria set forth in section

30.50.35 are met. Any micro-brewery or wine tasting uses not meeting the criteria noted in section 30.50.35 would fall into the liquor sales/bars (on-site consumption of beer, wine, or liquor, except uses meeting micro-brewery and wine tasting provision) category in the use table.

22 Within the downtown historic district (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until September 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the downtown specific plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district.

, ground level active office uses shall be allowed without a conditional use permit until September 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the downtown specific plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district.

(Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2014-05, § 2, 5-5-14; Ord. No. 2014-06, §§ 3, 4, 5-5-14; Ord. No. 2016-05, § 1 (Att. A), 3-7-16; Ord. No. 2018-09, § 2, 8-6-18; Ord. No. 2019-08, §§ 7, 8 (Atts. C, D), 10-7-19)

(a) Statement of Intent. The intent of the commercial site and building requirement table is to clearly and precisely establish the basic site and building regulations which shall apply to all development in each of the following districts:

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

(c)(1) Commercial Site and Building Requirement Table.

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Commercial District Requirements PO C1 C3 HC CM
Landscaping, Article XXXVIII Yes Yes Yes Yes Yes
Performance Standards, Article XLI Yes Yes Yes Yes Yes
ESTABLISHED DEVELOPMENT POLICIES
Commercial Condominium Policy Yes Yes Yes Yes Yes
Industrial Design Guidelines n/a n/a n/a n/a Yes
Leavesley Road Policy n/a n/a Yes Yes Yes
Street Furniture Policy Yes Yes Yes Yes Yes
Tenth Street Policy n/a n/a Yes n/a Yes
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• Within existing setbacks.
  

** Setback from a rear or side property line shall match the setback required along the same property line for the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning district.)

1 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit.

(2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts).

1 To be reviewed for vehicular sight distance.

2 To be reviewed by staff to insure compliance with urban design principles.

3 Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is fifty-one (51) feet to accommodate drive access and parking.

4 Ten (10) foot setback to property line allowed with a porch.

5 Use floor area ratio to determine project size for commercial and mixed-use development, and use residential density to determine project size for standalone residential development. Residential use is only allowed as part of a mixed use development within the DHD, DED and CCA districts. Standalone (multifamily) residential development is only allowed within the cannery district (CD), gateway district (GD) and transitional district (TD). See Article XIV for additional specifications.

6 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit.

7 New buildings should be no more than two (2) stories higher or lower than neighboring buildings. If higher or lower buildings are desired, the massing should be stepped so as to create a smooth transition.

8 No min/max density. See Downtown Specific Plan for additional specifications. Residential apartments, townhomes, live/work units above/behind ground floor only allowed between Eigleberry Street and Church Street.

(Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2019-08, §§ 9, 10 (Atts. E, F), 10-7-19)

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The Gilroy City Code is current through Ordinance 2026-01, passed January 5, 2026.

Disclaimer: The City Clerk's Office has the official version of the Gilroy City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the di it d b