§ 30.45

No use shall be allowed or building permit issued for any use within any zoning district unless all building, site, parking, landscaping and sign plans have been submitted and approved by the director of planning. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2018-04, § 3, 1-22-18)

(a) Purpose and Intent. Zoning clearance is the procedure used by the city to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure.

(b) Applicability/Permit Requirement. A zoning clearance is required for the alteration, construction, modification, or reconstruction of a wireless telecommunication co-location facility per section 30.35.14(b).

(c) Review Authority. The director may issue a zoning clearance only after confirming that the proposed land use and/or structure is in full compliance with all of the applicable provisions of this Code.

(d) Review Procedures.

(1) Director’s Responsibility. The director shall issue the zoning clearance after first determining that the request complies with provisions of this Code applicable to the proposed land use or structure.

(2) Form of Approval. Approval shall be indicated on a form provided by the city.

(3) Appeal. An appeal of the director’s decision may be brought pursuant to section 30.51.50. (Ord. No. 2018-04, § 2, 1-22-18)

Any application for annexation to the city shall be accompanied by an application to prezone the property to a zoning district consistent with that of the general plan land use designation. All lands proposed for annexation shall be prezoned prior to formal annexation. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

(a) The city council finds that the prohibitions on marijuana cultivation (except as otherwise permitted herein), marijuana processing, marijuana delivery and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The city council’s prohibition of such activities is within the authority conferred upon the city council in its charter and state law.

(b) Effective January 1, 2016, three bills (AB 266, AB 243, and SB 643), collectively known as the Medical Cannabis Regulation and Safety Act (“MCRSA”), govern cultivation, processing, transporting, testing, and distribution of medical marijuana to qualified patients, and contain statutory provisions that:

(1) Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program for the cultivation of marijuana;

(2) Expressly provide that the MCRSA does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinance, or enforcement of local permit or licensing requirements regarding marijuana;

(3) Expressly provide that the MCRSA does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws;

(4) Require a local government that wishes to prevent marijuana delivery activity from operating within the local government’s boundaries to enact an ordinance affirmatively banning such delivery activity.

(c) On November 8, 2016, the California voters passed Proposition 64 (referred to as the “Adult Use of Marijuana Act” (“AUMA”)). Effective November 9, 2016, the AUMA legalized use and possession of nonmedical marijuana by adults, and directs the creation of a state regulatory system for the sale, cultivation and processing of marijuana and marijuana products. Under the AUMA, cities may adopt and enforce local ordinances, including zoning and land use requirements, to regulate marijuana businesses or

to completely prohibit the establishment or operation of such businesses within the city’s jurisdiction. The state will not approve a state license for a business that violates local ordinances.

(d) The city council finds that this chapter: (1) expresses its intent to prohibit the cultivation (except as otherwise permitted herein), delivery, and distribution of marijuana in the city and to not administer a permit program for the cultivation of marijuana in the city; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community; and (4) expressly prohibits the delivery of marijuana in the city. (Ord. No. 2016-01, § 3, 1-25-16; Ord. No. 2017-06, § 3, 11-20-17; Ord. No. 201707, § 3, 12-4-17)

(a) Except as otherwise permitted herein, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

(b) Commercial marijuana activities of all types are expressly prohibited in all zones and all specific plan areas in the City of Gilroy. No person shall establish, operate, conduct or allow a commercial marijuana activity anywhere within the city. This subsection is meant to prohibit all activities for which a state license is required pursuant to the AUMA or the MCRSA, and the city will not issue any permit, license, or other entitlement for any activity for which a state license is required under the AUMA or the MCRSA. (Ord. No. 2016-01, § 3, 1-25-16; Ord. No. 2017-06, § 4, 11-20-17; Ord. No. 2017-07, § 4, 12-4-17)

Indoor cultivation of six (6) or fewer live marijuana plants is permitted within a single private residence or inside an accessory structure located on the grounds of a private residence, only to the extent that it is in compliance with the limits and requirements established under California Health and Safety Code Sections 11362.1, 11362.2, 11362.3, 11362.4 and 11362.45 and any other applicable state laws. Cultivation outdoors upon the grounds of a private residence is prohibited in accordance with California Health and Safety Code Section 11362.2(b)(3). (Ord. No. 2017-06, § 5, 11-20-17; Ord. No. 2017-07, § 5, 12-4-17)

Any violation of this chapter is hereby declared to be a public nuisance. (Ord. No. 2016-01, § 3, 1-25-16)

Any violation of this chapter may be enforced through civil or administrative remedies or any other remedy as provided for by the law. (Ord. No. 2016-01, § 3, 1-25-16)

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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