Agenda packet — Hollister City Council, September 19, 2022 (part 1 of 3)

MAYOR
Ignacio Velazquez

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
Brett Miller

CITY ATTORNEY
Mary F. Lerner

CITY CLERK
Bonnie Gawf

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Anietra Gomez

CITY COUNCIL AGENDA
Regular Meeting
September 19, 2022
6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
http://hollister.ca.gov/

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a Speaker’s Card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an Agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the Agenda will be heard under the Public Input Section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and sta te their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by Noon on the day of the City Council meeting.

PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:

City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx

City Council Monday, September 19, 2022 Page 2 of 7

Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/

City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_eBIw3g9sQOabKWvcKshkJ A

CALL TO ORDER
CLOSED SESSION - 5:30 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Government Code Section 54956.95 LIABILITY CLAIMS Claimant: M. Grzan Agency Claimed Against: City of Hollister

2. Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Brett Miller, City Manager Employee Organizations: Service Employees International Union, Local 521 (SEIU); Hollister Firefighters Union (HFFU) – Local 3395; Hollister Peace Officers Association (HPOA); Hollister Mid-Management Association; Confidential Unit; Executive Management Unit; Unrepresented

3. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(b): One (1) Case

PLEDGE OF ALLEGIANCE

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ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS

1. Proclamation - 2022 Breast Cancer Awareness Month Proclamation (City Manager)

A. CONSENT ITEMS
All items listed under consent Resolution will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separat e discussion of these items unless requested by a member of the City Council, a Staff member, or a Citizen.

Consent items are numbers: A1, A2, A3, and A4.

1. The minutes of the Regular Meeting of City Council September 6, 2022

2. Ordinance No. 1218 an Ordinance of the City of Hollister Amending the Official Zoning Map of the City of Hollister and Prezoning Specifically Described Real Properties (APN 020-460-035, 020-460-036, and 020-120- 064) to the Low Density Residential Performance Overlay Zoning District (Planning)

DESCRIPTION: Second Reading of an Ordinance to Prezone three parcels totaling 3.35 acres for future annexation into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District.

RECOMMENDATION: Staff recommends that the City Council Read by Title Only, Waive full reading, and ADOPT Ordinance No. 1218 of the City of Hollister Amending the Official Zoning Map of the City of Hollister and Prezoning Specifically Described Real Properties (APN 020-460-035, 020- 460-036, and 020-120-064) to Low Density Residential Performance Overlay (R1-L/PZ) Zoning District.

3. Resolution No. 2022-166 A Resolution of the City Council of the City of Hollister Approving a Side-Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and The Hollister Firefighters Union, Local 3395 (Human Resources)

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving a side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union, Local 3395.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution approving a side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union, Local 3395.

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4. Resolution No. 2022-167 a Resolution of the City Council of the City of Hollister Approving a Side-Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and The Hollister Firefighters Union, Local 3395 (Human Resources)

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

Receive report from City Manager.

2. Trainings and Conferences

Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS

1. Resolution No. 2022-168 a Resolution of the City Council of the City of Hollister Approving a City-Initiated General Plan Amendment to the Land Use and Circulation Element to Change How the City Reviews Residential Development Density From Net Density to Gross Density (GPA 2022-1) (Planning)

BRIEF DESCRIPTION: The City Council will consider amending the 2005- 2023 Hollister General Plan and the Zoning Ordinance of the Municipal Code related to how the City calculates t he density of a residential development and to make minor amendments to the Zoning Ordinance for clarity and consistency with the General Plan.

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RECOMMENDATION: Adopt a Resolution of the City Council amending the 2005-2023 Hollister General Plan to change how the City calculates the density of a residential development.

2. Ordinance No. 1220 an Ordinance of the City of Hollister Amending the Zoning Ordinance to Change How the City Calculates the Density of a Residential Development from Net Density to Gross Density and Related Modifications (Planning)

DESCRIPTION: The City Council will consider amending the 2005-2023 Hollister General Plan and the Zoning Ordinance of the Municipal Code related to how the City calculates the density of a residential develop ment and to make minor amendments to the Zoning Ordinance for clarity and consistency with the General Plan.

RECOMMENDATION: Hold a public hearing. Read by title only, waive full reading and INTRODUCE an Ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the October 3, 2022 City Council Meeting.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Ordinance No. 1221 An Ordinance of the City of Hollister Amending the existing Shopping Cart Ordinance (Police)

DESCRIPTION: This amendment to section 9.30 SHOPPING CART CONTAINMENT section of the Hollister Municipal Code will add additional requirements such as electronic deterrent syste m, fees and penalties.

RECOMMENDATION: Read by title only, waive full reading, and INTRODUCE Ordinance, Amending Chapter 9.30 SHOPPING CART CONTAINMENT adding additional requirements, fees and penalties for violations.

2. Resolution No. 2022-169 a Resolution of the City Council of the City of Hollister Authorizing the City Manager to use Funds to Defease and Optionally Redeem $5,000,000 of Wastewater Bonds on June 1, 2023 (City Manager)

BRIEF DESCRIPTION: The Wastewater Fund has sufficient funds to make a bond call on the 2016 Wastewater Revenue Bonds (“2016 Bonds”) issued by the Hollister Joint Powers Financing Authority. With approval, funds will be sent to U.S. Bank Trust Company, National Association, as trustee and escrow agent, to defease $5,000,000 of Bonds due June 1, 2037. The 2016 Bonds were issued by the Authority pursuant to a Trust Indenture, dated as of March 1, 2016, between the Authority and U.S. Bank Trust Company, National Association, as successor trustee to MUFG Union Bank, N.A. Th e 2037 Bonds are not callable until June 1, 2023. Accordingly, the funds will be held in an escrow fund and invested in federal securities so that interest earnings can also be used to redeem the bonds on the June 1, 2023

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redemption date. The 2016 Bonds maturing June 1, 2037 that are called for redemption will be redeemed at the office of the trustee upon surrender on or after the redemption date, and interest shall cease to accrue thereon after the redemption date. Once moneys are placed into the escrow fund in an amount sufficient to “defease” the 2016 Bonds maturing June 1, 2037, they will no longer be secured by the net revenues of the Wastewater Fund.

RECOMMENDATION: That the City Council of the City of Hollister ADOPT a Resolution to defease $5,000,000 of 2016 Bonds and make the early bond call on June 1, 2023, authorize the City Manager to approve all necessary documents and actions, and to make the necessary budget adjustments.

3. Resolution No. 2022-170 a Resolution of the City Council of the City of Hollister accepting the bids received, approving a supplemental appropriation, awarding a Contract in the amount of $1,088,000.00 to K.J. Woods Construction, Inc., authorizing the execution of contract and change orders for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202 (Administrative Services)

BRIEF DESCRIPTION: This resolution will accept the bids opened on September 7, 2022, approve a supplemental appropriation and award a contract to K.J. Woods Construction, Inc.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approve a supplemental appropriation, and award the contract to K.J. Woods Construction, Inc. for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202.

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.

3. Presentation from Autumn Salinas- Girl Scout Gold Award Project (City Clerk)

BRIEF DESCRIPTION: City Council will receive a presentation from Autumn Salinas in regards to her Girl Scout Gold Award project.

RECOMMENDATION: City Council receive the presentation from Autumn Salinas and provide direction.

H. UNFINISHED BUSINESS

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1. Updated City Council Projects (City Manager)

BRIEF DESCRIPTION: City Council has requested a list of Agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Staff recommends that the City Council receive the report and hold a discussion, if so desired.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.

Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102 -35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

The next City Council Meetings are scheduled as follows:

Regular City Council Meeting --Tuesday*, June 21, 2022, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 20th)
Legislative Recess -- No regular City Council Meetings in July Regular City Council Meeting -- Monday, August 1, 2022, at 6:30 PM Regular City Council Meeting -- Monday, August 15, 2022, at 6:30 PM

PROCLAMATION
Breast Cancer Awareness Month, October 2022

WHEREAS, Breast cancer is a disease in which malignant (cancer) cells form in the tissues of the breast; and
WHEREAS, one in eight women in the United States will develop breast cancer in her lifetime; and
WHEREAS, this year, an estimated 287,850 new cases of invasive breast cancer are expected to be diagnosed in women; and
WHEREAS, October is Breast Cancer Awareness Month, an annual campaign to increase awareness about this disease; and
WHEREAS, during this month, we want to support those battling this disease and educate all citizens about early detection; and
WHEREAS, the unselfish love and support of their families is a source of encouragement and we applaud the hard work of the medical professional; and NOW, THEREFORE, I, Ignacio Velazquez, Mayor of the City of Hollister, proclaim the month of October 2022, as Breast Cancer Awareness Month in the City of Hollister and call upon our officials and all citizens to become aware of the impact that breast cancer has on our community, honor those we have lost and to support the fight against breast cancer so that we may one day defeat this terrible disease.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 19th day of September, 2022.

____________________________
Ignacio Velazquez, Mayor
ATTEST:

__________________________
Bonnie Gawf, Interim City Clerk

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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
September 6, 2022

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER
Mayor Velazquez called the meeting to order at 5:30 PM. All Council Members were present.

CLOSED SESSION - 5:30 P.M.

City Attorney Lerner read the closed session titles.

Public Comment (limited to any item listed on the Closed Session agenda)

There were no requests from the public to speak.

It was moved by Council Member Perez, seconded by Council Member Morales, and carried unanimously to move to closed session.

Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Consultation of Public Employment G.C. section 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(b): One (1) Case

PLEDGE OF ALLEGIANCE
The City Council reconvened in open session at 6:51 PM, and Council Member Morales led the Pledge of Allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on September, 6, 2022 at 5:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Mary F. Lerner Interim City Attorney Present
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Bonnie Gawf Interim City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

VERIFICATION OF AGENDA POSTING
Interim City Clerk Gawf verified that the Agenda for the City Council of the City of Hollister Regular City Council meeting of September 6, 2022 was posted on the bulletin board at City Hall on August 31 at 5:45 PM per Government Code Section 54956.0.

CLOSED SESSION - REPORT OUT
City Attorney Lerner said that there was nothing to report.

PROCLAMATIONS/RECOGNITIONS
None.

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.

Council Member Burns asked to pull Item A-6 from the Consent Agenda.

It was moved by Council Member Resendiz, seconded by Council Member Burns, and carried unanimously to approve Consent Agenda Items A -1 through A-5.

RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: A1, A2, A3, A4, A5, and A6

1. City Council - Regular Meeting - Aug 15, 2022 6:30 PM

2. Resolution No. 2022-159 a Resolution of the City Council of the City of Hollister approving a temporary street closure of various streets for the 32nd Annual Red Ribbon Run to be held on Saturday, October 22, 2022

3. Resolution No. 2022-160 a Resolution of the City Council of the City of Hollister approving the temporary closure of various streets for the annual Halloween Treat Street event to be held on Monday, October 31, 2022

4. WARRANT REGISTER - SEPTEMBER 6, 2022 AP

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5. Resolution No. 2022-161 a Resolution of the City Council of the City of Hollister Adopting a Memorandum of Understanding with the Economic Development Corporation

ITEMS PULLED FROM CONSENT AGENDA

6. Ordinance No. 12151 an Ordinance of the City of Hollister Amending CHAPTER 2.08 Of The Hollister Municipal Code to Vest The City Manager With The Power To Appoint, Direct, Discipline, and Dismiss The City Clerk

Council Member Burns suggested replacing the word "power" with "authority" in this and future publications. Council Member Resendiz said that he would not support this because the City Clerk was only recently moved under the City Council, and the arrangement should be given more time before making this change.

It was moved by Council Member Burns to amend Ordinance 1215 by replacing the word "power" with "authority" throughout and adopt the ordinance. The motion was seconded by Council Member Morales and carried by a vote of 3-2, with Council Member Resendiz and Mayor Velazquez voting no.

RESULT: Adopted as Amended [3 to 2]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Perez, Morales, Burns
NOES: Velazquez, Resendiz
RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
C. PUBLIC INPUT
Mark Starrett voiced concerns regarding possible actions by City employees, telling about an event where a Blackhawk helicopter landed at the airport and he complained.

He said that he received an eviction notice from his hangar shortly after. He said he would like to know why, but it has been worked out in the meantime.

Natalie Day spoke about how her group traps and sterilizes feral cats on a volunteer basis. She said that she works for the cats and does not get paid and does not appreciate being attacked on social media.

Autumn Salinas said that she is a Girl Scout working on her Gold Award. She proposed a project where she would create a directory on the south side, Vietnam Memorial side, of the Vet's Hall by adding letters and numbers creating a graph that correlates to a map of the tiles. She said the goal is to make it easier to find your loved one's tiles.

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D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

City Manager Miller said that he will discuss the process with Ms. Salinas and place her project on an upcoming agenda.

2. Trainings and Conferences

There were no reports.

E. PUBLIC HEARINGS

1. Ordinance No. 1218 an Ordinance of the City of Hollister Amending the Official Zoning Map of the City of Hollister and Prezoning Specifically Described Real Properties (APN 020-460-035, 020-460-036, and 020-120- 064) to the Low Density Residential Performance Overlay Zoning District

Interim Planning Manager Kelly presented the staff report and answered Council Members' questions.

Mayor Velazquez opened the Public Hearing.

Lester Wickman, adjacent property owner in the County, asked to be notified sooner than later if the City plans to annex his property. He asked for the definition of low density terminology and requested that no two-story houses are erected next to his property.

Roberto Munoz asked Council to make sure not to take a part of his mother's property and to leave the easement open.

Carlos Munoz said he is here for his grandmother's property and he wants to protect access to the easement and stand up for their rights

Anne Hall, on behalf of the applicant, voiced appreciation for consideration of 3 parcels. She assured Council that they would honor access to easements and consider larger setbacks for any two story houses.

With no further requests to speak, Mayor Velazquez closed the hearing.

Council Members and the Mayor assured that the City would not annex property unless it is brought forward by the applicant. The City Council Members asked to insure that easement access rights be preserved and to include restrictions regarding two-story homes with regard to setbacks. Staff said that those issues it could be included in the annexation agreement or addressed using a variance.

On a question by Council Member Burns, Ms. Hall explained details regarding low- income housing, such as duets and said that she could consider setbacks for two story homes.

It was moved by Council Member Resendiz and seconded by Council Member Burns to ready by title only, waive full reading, and introduce the Ordinance amending the Zoning Map, and schedule a second reading on September 19, 2022. The motion carried unanimously.

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RESULT: First Reading [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Resendiz, Morales, Burns
NOES:

RECUSED: Perez
ABSTAIN:

ABSENT:

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-162 A Resolution of the City Council of the City of Hollister Approving an Appropriation of $69,880 and a Professional services agreement with Federal Engineering, Inc. to conduct a feasibility Study for a Hollister Police Department Dispatch and Live Crime Center

Police Chief Reynoso presented the staff report.

It was moved by Council Member Burns, seconded by Council Member Resendiz, and carried unanimously to adopt the Resolution.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. Ordinance No. 1219 AN ORDINANCE OF THE CITY OF HOLLISTER

AMENDING THE ANIMAL CONTROL REGULATIONS GENERALLY

ORDINANCE TO CLARIFY AND CORRECT CONFUSING AND
INCONSISTENT LANGUAGE.

Police Chief Reynoso presented the staff report and answered Council Members' questions.

Mayor Velazquez opened public comment.

Alex Reichstadt voiced concerns regarding an incident where police came to his house due to a complaint about the number of chickens he owned.

Chief Reynoso explained that the ordinance addresses the issues regarding the number of chickens.

With no further requests to speak, the Mayor closed public comment on the item.

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Council discussed that defining a residence by parcel number could be problematic for multi family dwellings, and discussed the number of chickens that should be allowed on a property.

It was moved by Council Member Burns and seconded by Council Member Perez to amend the ordinance to address the issue regarding the number of pets in multi family dwellings, and to read by title only, waive full reading, and introduce the ordinance. After further discussion, the motion carried by a vote of 3-2, with Council Member Morales and Council Member Resendiz voting no.

RESULT: First Reading [3 to 2]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Burns
NOES: Resendiz, Morales
RECUSED:

ABSTAIN:

ABSENT:

3. Resolution No. 2022-163 a Resolution of the City Council of the City of Hollister Approving the Contribution of Funds to Youth Recovery Connections Nonprofit for Fiscal Year 2022/23 in an Amount of $175,000

City Manager Miller introduced the item, and Youth Recovery Connections representatives answered Council Members' questions.

Council Members discussed the scope of work done by the organization, and some voiced concerns regarding the level of funding being requested from the City, along with the lack of funding from the County. On question from the Council, the representatives said that $80,000 would sustain their operation until January, and that they would seek additional funding and grants from other sources in the meantime.

Mayor Velazquez opened public comment on the item.

Tina Garza said that she has a child who went through the system, and was not successful, and she had to take him out of San Benito County to get services. She said that the City needs to support all residents. Monica Hernandez, Community Navigator from First Five San Benito told about her experience with Behavioral Health and spoke in support of the item.

With no further requests to speak, the Mayor closed public comment.

It was moved by Council Member Burns to amend and adopt the Resolution to reflect a contribution of $80,000, with direction to the organization to return to the City Council with a report in January. Council Member Perez seconded the motion, and it carried by a vote of 4-1 with Mayor Velazquez voting no.

Council Member Morales asked to send a letter with a strong message to the County requesting their participation.

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Mayor Velazquez called a recess at 9:04 p.m., then reconvened the meeting at 9:14 p.m.

RESULT: Adopted as Amended [4 to 1]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Perez, Resendiz, Morales, Burns
NOES: Velazquez
RECUSED:

ABSTAIN:

ABSENT:

4. Resolution No. 2022-164 a Resolution of the City Council of the City of Hollister authorizing waiver of Municipal Code competitive bidding requirement and purchase of municipal vehicles

Community Services Director Via presented the staff report and answered Council Members' questions

It was moved by Council Member Burns, seconded by Council Member Morales, and carried unanimously to adopt the Resolution 2022-165.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

5. Resolution No. 2022-165 a Resolution of the City Council of the City of Hollister authorizing the City Manager to enter into a lease agreement with Leasing 2, Inc.

Community Services Director Via presented the staff report and answered Council Members' questions.

There were no requests from the public to speak on the item.

It was moved by Council Member Burns, and seconded by Council Member Morales to approve the Lease Agreement, and direct staff to purchase the street sweeper by opting to pay the entire principal amount, not to exceed $343,000, in one initial payment. The motion carried unanimously.

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RESULT: Adopted as Amended [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Council Member Morales reported on a meeting with the business event committee where there were suggestions to consider businesses on the side streets, not just the main street. She said that they would like stability and better coordination, with the City taking charge of the agenda.

She said that she would like to schedule a five minute presentation for the City Council from Water Governance Committee.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Council Member Burns requested an organizational chart for City and for each department. He requested an update on the Downtown sign, a resolution and to fly the flag honoring October as Breast Cancer Awareness Month. He reported that parks in District 4 are well used, thanking staff for cameras at Las Brisas park. He stated that all parks in his district need shade structures. Council Member Burns asked for an update on the renaming of Union Road and asked if it is true that individuals owe attorneys' fees to the City for a frivolous lawsuit. He requested an investigation of the mountain lion shooting to include body camera footage. He thanked the city for the rapid opening of the cooling centers, and asked if there is a policy for that in addition to warming centers in the winter.

Council Member Resendiz asked staff to look at repurposing part of Dunne Park with a toddler area to include a hill for sliding down. He suggested including Mexican music in the Summer concert series, and having the Arts Commission to look into some zinc plates that are available for donation. He requested an update on homelessness. He requested updates traffic issues, including at Alvarado and Santa Ana and near Calaveras School. He requested an update of the General Plan Action Committee. He asked staff to review the Animal Control Ordinance to ensure that puppy mills are not inadvertently permissible and asked staff write a letter to the County concerning the fentanyl crisis.

Council Member Perez thanked the community and employees for participating in the Council meetings. He supported having a presentation for the project at the Veterans' Hall. He supported the letter to the County regarding the fentanyl crisis and development of a cooling and warming center policy. He requested a schedule of ADA renovations at City parks and a list of streets where speed humps would be installed.

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City Council Tuesday, September 6, 2022 Page 9 of 11

Council Member Morales requested a resolution or letter supporting First Five, She asked about the status of a salary study and asked staff for an update on the business loan program to make more businesses eligible to receive a loan. She asked to include in staff reports a timeline of for items and when they will be completed. She supported writing a letter to the County regarding substance abuse.

She requested a public information plan from the City Manager's office. She said that she would like to prepare for the budget process by setting Council priorities, and she supported an investigation of the mountain lion shooting with release of the body camera footage and the Resolution for Breast Cancer Awareness month.

Council Member Perez voiced concerns that a friend who uses a wheelchair could not get a handicapped parking permit.

Mayor Velazquez offered a prayer for family who lost a loved one in an accident last night. He thanked emergency services for their work on the cooling centers. He confirmed that the City has judgments against Ms. Gonzales and Ms. Salinas for a frivolous lawsuit, and he asked to collect on those judgments.

City Manager Miller said that he heard consensus on the Breast Cancer Resolution, letter to the County, and a report on the mountain lion incident. Council Member Resendiz stated he is a "no" on the mountain lion issue. City Manager Miller said that staff will work with County emergency services on a policy for warming and cooling centers, and staff will review the puppy mill item agenda item. He reported that First Five is past their deadline for a letter, and that he will talk with them further.

Council Member Perez left the meeting at 9:57 PM.

3. Informational Report on plans for future projects for Animal Control

Mayor Velasquez opened public comments on the item.

Melissa Casillas spoke about the need for animal services in the community, giving statistics on animal rescue and adoptions and saying that they are overwhelmed with the need. She said they need a facility and a better relationship with the shelter and a more sustainable solution.

Dr. Lindsay Sanders, veterinarian, offered to help with the feral cat situation and low cost spay and neuter services for pet owners. She recommended a voucher program and said that the procedures would be done at their cost.

Kevin Barcellos said he has close relationship with Dr. Sanders and the San Benito veterinarian service and supported her proposal. He said that it is difficult to keep mobile SNIP vehicles manned, and there is a risk that it will be unused.

There were no further requests to speak.

On question, Dr. Sanders explained her proposed strategy to increase the number spay and neuter by trapping feral cats for the program. She said that she does not see an advantage to having a bus because there is already a facility.

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City Council Tuesday, September 6, 2022 Page 10 of 11

Council Member Morales said that since one Council Member has left, the matter should be discussed at a study session, and Council Member Burns agreed that this issue should be discussed earlier in the evening. Mayor Velasquez agreed.

City Manager Miller said that staff would set a day for a workshop.

4. THE CITY COUNCIL WILL REVIEW THE REPORT OF THE HOLLISTER

POLICE ANIMAL CARE & SERVICES REGARDING NIGHT KENNEL

SERVICES

Staff presented the report and answered Council Members' questions.

Mayor Velazquez opened public comment on the item.

Dr. Nadine Reichstadt said that it is easier to leave an animal in a kennel than have to turn one in in person. She supported closing the kennel.

Melissa Casillas said that she would like to see the service continue.

Kevin Barcellos voiced concerns regarding a statement in the report regarding keeping an animal over night if possible, especially if it is on a Friday due to the shelter's operating hours.

There were no more requests to speak.

Chief Reynoso said that individuals are coming from many other counties, and closing the night kennel will allow staff to concentrate on our residents' needs. He said that keeping the shelter open on weekends is difficult because there is not much business.

Council Members agreed to bring back the issue to discuss at another meeting.

5. Ratify Appointment to the Planning Commission

On a request by Council Member Morales, this item was heard after Item F-3.

Interim City Clerk Gawf gave a brief presentation, and there was unanimous Council consensus to appoint Steven Belong as Planning Commissioner in District 3.

H. UNFINISHED BUSINESS

1. City Council Requests of City Staff

City Manager Miller reported that the Assistant City Manager is updating the list.

I. NEW BUSINESS
J. MISCELLANEOUS
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
L. ADJOURNMENT
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City Council Tuesday, September 6, 2022 Page 11 of 11

On a motion by Council Member Burns, seconded by Council Member Morales, and passed unanimously the City Council adjourned at 10:37 PM.

Respectfully submitted,

Bonnie Gawf, CMC
Interim City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: July 26, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF

HOLLISTER AND PREZONING SPECIFICALLY DESCRIBED REAL PROPERTIES (APN 020-460-035, 020-460-036, AND 020-120-064) TO THE LOW DENSITY

RESIDENTIAL PERFORMANCE OVERLAY ZONING DISTRICT

DESCRIPTION: Second Reading of an Ordinance to Prezone three parcels totaling

3.35 acres for future annexation into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District.

RECOMMENDATION: Staff recommends that the City Council Read by Title Only, Waive full reading, and ADOPT Ordinance No. 1218 of the City of Hollister Amending the Official Zoning Map of the City of Hollister and Prezoning Specifically Described Real Properties (APN 020-460-035, 020-460-036, and 020-120-064) to Low Density Residential Performance Overlay (R1-L/PZ) Zoning District.

DEPARTMENT SUMMARY: The City Council held a public hearing and introduced Ordinance No. 1218 at the Regular City Council meeting of September 6, 2022. The applicant is requesting the City Council to consider a proposal to prezone a 3.35 -acre site consisting of three parcels into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District as a prerequisite for future annexation into the City of Hollister. The properties are located south of Hillcrest Road, north of El Dorado Drive, east of Trinity Drive, and west of Los Altos Road, further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, and 020-120-064. On June 23, 2022, the Planning Commission made a motion to recommend that the City Council approve proposed Prezone 2021 -2, see the attached draft June 23, 2022 Planning Commission meeting minutes. The City of Hollister City Counc il authorized the Initiation of Prezone application for the project at its regular City Council meeting of March 21, 2021 (Resolution 2021-124).

Pending prezone and annexation, the site would be zoned Low Density Residential Performance Overlay (R1-L/PZ). The City of Hollister Planning Division received three written public comments – two from Mr. Alex Sywak, and one from Mr. Bill Nicholson, Executive Director of LAFCO – prior to the Planning Commission meeting; as well as a comment letter on July 21, 2022 addressed to the Planning Commission from Mr. Lester Wickman, who also spoke at the June 23, 2022 Planning Commission meeting. All written public comment letters are attached.

At the March 21, 2021 City Council meeting, staff recommended a modified bound ary of the proposed prezone/annexation area. The City Council, as indicated by the adopted Resolution 2021-124, authorized the Initiation of Prezone of the three parcels as A.2
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proposed by the applicant. Authorization to initiate prezoning proceedings for the larger boundary was not granted by the City Council. Staff recommended to the Planning Commission at the June 23, 2022 that the Planning Commission consider a recommendation to the Council to amend the initiation to include the larger boundary, for the reasons indicated in the attached Planning Commission staff report. However, as indicated above, the Planning Commission recommended that the City Council approve Prezone 2021-2 for APNs 020-460-035, 020-460-036, and 020-120-064 as authorized by the Council’s initiation resolution.

FINANCIAL IMPACT: $0

CEQA: Categorically Exempt

ATTACHMENTS:

1. 1. Exhibit A_PZ 2021-2_Intravia

2. 2. Plans For Services_Prezone 2021-2_Hillcrest Rd. & Los Altos Dr._Ted Intravia

3. 3. Staff Report_PZ 2021-2_Hillcrest & Los Altos_Intravia

4. 4. June 23, 2022_Minutes (DRAFT)

5. 5. City Council R124_2021.06.21

6. 6. Flood Zone Map

7. 7. Staff's Recommended Boundary Map

8. 8. 2022.06.14 Email from Alex Sywak

9. 9. 2022.06.21 Letter from Bill Nicholson LAFCO

10. 10. 2022.06.23 Email from Alex Sywak

11. 11. 2022.07.21 Letter from Lester Wickman

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1218

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE OFFICIAL ZONING

MAP OF THE CITY OF HOLLISTER AND PREZONING SPECIFICALLY DESCRIBED REAL PROPERTIES (APN 020-460-035, 020-460-036, AND 020-120-064) TO THE

LOW DENSITY RESIDENTIAL PERFORMANCE OVERLAY ZONING DISTRICT

WHEREAS, following a duly noticed public hearing on June 23, 2022, the Planning Commission recommended approval of Prezone 2021 -2 for the request to Prezone three parcels totaling 3.35 acres into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District; and

WHEREAS, the City Council held a duly noticed public hearin g on September 6, 2022 to introduce the Ordinance; and

WHEREAS, the City Council does hereby find that the project is Categorically Exempt from CEQA, Section 15332 In-Fill Development Projects, Class 32.

NOW THEREFORE, the City Council of the City of Hollister does hereby ordain as follows:

Section 1: Zoning Map Amended. The Official Zoning Map of the City of Hollister is hereby amended by prezoning to R1-L/PZ (Low Density Residential Performance Overlay Zone) all that real property situated in the Coun ty of San Benito, State of California, particularly described in “Exhibit A” and identified as San Benito County Assessor Parcel Numbers (APN) 020-460-035, 020-460-036, 020-120-064 attached hereto and made a part thereof by reference.

Section 2: Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 3: Effective Date. This ordinance shall take effect and be in force thirty days from and after is passage.

Section 4: Publication. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in the Free Lance, a newspaper of general circulation.

INTRODUCED following a public hearing held at a regular meeting on t he 6th day of September, 2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:

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Ignacio Velazquez, Mayor
ATTEST:

Bonnie Gawf, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1218 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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Exhibit A A.2.a
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A.2.b
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A.2.b
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DEVELOPMENT SERVICES DEPARTMENT

City of Hollister
Planning Division

PLANNING COMMISSION STAFF REPORT

MEETING DATE: June 23, 2022

APPLICATION NO.: Prezone 2021-2

APPLICANT: Ted Intravia

OWNER: Ted Intravia/Ron Culler

REQUEST: The applicant is requesting to prezone for future annexation 3 parcels, totaling approximately 3.10 acres, into the Low Density Residential Performance Overlay (R3-L/PZ) Zoning District.

LOCATION: South of Hillcrest Road, west of Los Altos Drive, east of Trinity Drive
APN 020-460-035, 020-460-036, 020-120-064

STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360

PROJECT
DESCRIPTION: The applicant is requesting approval to prezone 3.10 acres of land (3 parcels) into the Low Density Residential Performance Overlay (R3-L/PZ) Zoning District. The properties are located south of Hillcrest Road, west of Los Altos Drive, and east of Trinity Drive, further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, and 020-120-064. The properties are located within the City of Hollister Sphere of Influence and General Plan Planning Area, and are contiguous to the City Limits on the western boundary of APNs 020-460-036 and 020-120-064. The current General Plan Designation of the project site is Low Density Residential.

The City Council authorized the initiation of the application for prezoning of the properties at the regular meeting of June 21, 2021 (Resolution 2021-124).

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PC Staff Report
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DISCUSSION: Local Agency Formation Commission (LAFCO):

Pending prezoning approval, the City Council will be asked to approve a resolution requesting the Local Agency Formation commission (LAFCO) to initiate proceedings for annexation of the property. The Sphere of Influence approved by LAFCO establishes a boundary where it is anticipated that City Services will be available. A prezone application must include a plan for providing services that describes how public services will be provided to the property being considered for prezoning and annexation. The Plan for Services is provided as an attachment of this report.

Annexation Process:

Table 1 below lists a brief overview of the process for prezoning and annexation.

Table 1: Prezoning and Annexation Overview

Property Tax Exchange: The Revenue and Taxation Code authorizes counties and cities to enter into master property tax agreements for the exchange of property tax revenues in the event of annexation of territory into a city. The City Council of the City of Hollister approved a property tax exchange agreement on December 16, 2019. The intent of the agreement is to assure that the future Step Type of Action
1 Application filed for prezoning and annexation
2 City Council approves or disapproves initiation of
annexation
3 Environmental review is completed if necessary
4 Planning Commission recommendation to City
Council for prezoning
5 City Council holds public hearing for first reading
of ordinance to prezone property
6 City Council conducts second reading and
approves ordinance which takes effect after 30
days
7 City Council approves a resolution requesting the
Local Agency Formation Commission of San
Benito County to initiate proceedings to annex the
pre-zoned property
8 LAFCO approves annexation
9 Certificate of Completion is filed with the County
Clerk and the annexation takes effect
10 Annexation and required fees are filed with State
Board of Equalization
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development of the residential property will be fiscally neutral to the City and County, and to assure that there is sufficient revenue to provide long term levels of public services.

Project Boundary:

The current application is for the prezone for annexation of three parcels totaling approximately 3.10 acres. At the June 21, 2021 City Council meeting, the council considered the initiation of prezone for the proposed project. Staff’s recommendation to the City Council during the hearing was to include the subject parcels as well as all of the properties within the boundary area between the existing city limits to the south and Hillcrest Road, and within a line drawn north from the existing city limits at Cobblestone Court to Hillcrest Road.

See that attached Staff’s Recommended Boundary Map. However, the City Council did adopt Resolution 2021-124 which authorized the Initiation of Prezone 2021-2 as proposed for the three parcels owned by the applicant.

Staff would still recommend the inclusion of additional parcels to create a more logical city limit boundary line in the area and so as to not create future unincorporated islands and peninsulas surrounding the city limits.

Environmental Analysis:

The project as proposed is Categorically Exempt from CEQA pursuant to Section 15332 In-Fill Development Projects Class 32, which consists of project characterized as in-fill development meeting the following conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare, or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services.

Analysis: The project is proposed for prezoning to the Low Density Residential Performance Overlay Zoning District, which is consistent with the General Plan designation of Low Density Residential. The project area is identified as a “Priority Infill Area” A.2.c
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in the City of Hollister 2005-2023 General Plan. The prezoning of the site would not approve any development plans for the property.

Any future development project proposal would be required to comply with all applicable general plan policies and regulations and obtain all necessary approvals.

Findings for Approval: Pursuant to Section 17.24.250 of the Hollister Municipal Code, the following findings must be made for the approval of a prezone application:

1. The amendment is internally consistent with all other provisions of the General Plan.

The proposed prezoning (R1-L/PZ) of the project site is consistent with the current general plan designation of Low Density Residential. The site is located within the City of Hollister Sphere of Influence, and was anticipated for future annexation in to the City of Hollister City Limits.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare.

This finding cannot be made. While the project site is
contiguous to the city limits along the western boundary of two of the parcels, APNs 020-460-036 and 020-120-064, the
annexation boundary as proposed would create a peninsula of unincorporated land within the boundary of the City Limits to the south of the project site. The creation of unincorporated islands and peninsulas is discouraged by LAFCO, which is the ultimate authority on boundary changes and annexation of territory.

In addition, the access to APNs 020-460-035 and 020-460-036 is located at Los Altos Drive on the eastern boundary of the project site (APN 020-120-064 has one existing residential unit which accesses Hillcrest Road to the north). Los Altos Drive, with the exception of the right-of-way directly along the narrow project frontage which would be annexed with the property if approved, is within the jurisdiction of San Benito County surrounding the project site. Any future development, as well as the existing single family residence on APN 020-460-035 would have no contiguous access to City roads, though the
development would be within the limits of the City of Hollister and developed to City standards. Los Altos Drive to the south of the project site is currently barricaded at the current City Limit near Cobblestone Court, which also limits access for emergency A.2.c
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and other city services to this project site. The impacts of any development of this site would have to consider impacts to San Benito County roadways in addition to City facilities.

There is an existing city sewer service line located in Los Altos Drive that serves several of the unincorporated properties in the vicinity of the project site, and within the recommended modified annexation boundary. Annexation of all of the properties rather than creating a county peninsula in this area would also serve the public interest in that any county properties which are currently utilizing city services would become incorporated into the city limits, and any properties in the vicinity which are currently on a septic system would be more easily able to connect to the City’s sewer services. This is in line with the San Benito County Region’s mutual goals of protecting the county water supply, and discouraging the use of septic systems.

3. The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses or development.

The proposed project site is generally flat and is proposed for low density residential development. There are existing services available nearby to any future development, and the site is surrounded by low density residential development on all sides.

It is important to note that access to this property is available, but requires use of San Benito County roads, it is not contiguous to the City’s right-of-way as proposed.

RECOMMENDATION: Staff recommends that the Planning Commission review the applicant’s request; receive all written and oral testimony regarding the proposal; and make the following motion:

1. Adopt a resolution recommending that the City Council take the following actions:
a. Deny the application for Prezone 2021-2 as proposed, based on the findings contained in the draft resolution;
b. Direct the applicant to modify the application proposal to include the unincorporated area bound by the City Limit on the west just east of Trinity Drive; bound by the City Limit on the south near El Camino de Vida and Cobblestone Court; bound on the east by a line drawn from the City Limit at the northeast corner of 1640 Cobblestone Court north to
Hillcrest Road; and bound on the north by Hillcrest Road.

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SITE INFORMATION: A small portion of the eastern corner of APN 020-460-035 is located within FEMA Flood Zone AE. Floodplain areas identified in Zone AE must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights.

The project is not located in a special study seismic zone.

SITE DESCRIPTION: The proposed project is located south of Hillcrest Road, west of Los Altos Drive, east of Trinity Drive, and north of El Dorado Drive; further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, and 020-120-064.

ZONING: Low Density Residential Performance Overlay (R1-L/PZ) Zoning District (Proposed)

GENERAL PLAN: Low Density Residential

LAND USE: APN 020-120-064: One Existing Residence
APN 020-460-036: Vacant
APN 020-460-035: One Existing Residence

SURROUNDING USES: (North) Residential (San Benito County) (South) Residential (San Benito County)
(East) Residential/Vacant (San Benito County)
(West) Residential (R1-L/PZ, City of Hollister)

CEQA: The project is Categorically Exempt from CEQA, pursuant to Section 15332 In-Fill Development Projects, Class 32.

NOTICE
Appeal Notice: Any person aggrieved by the decision of the Planning Commission may appeal the decision within fifteen (15) calendar days to the City Council. The Notice of appeal must be in writing and shall set forth specifically wherein the Planning Commission’s decision was inappropriate or unjustified. Appeal forms are available at the City Planning Department and the City Clerk’s office and may be obtained at the Planning Commission meeting. Appeals to the City Council shall be submitted to the City Clerk as prescribed by Ordinance No. 843.

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MINUTES

HOLLISTER REGULAR PLANNING COMMISSION MEETING

June 23, 2022

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER

The Regular Meeting of the Planning Commission was called to order by Chairperson Roxanne Stephens on June 23, 2022 at 6:00 p.m. in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

PLEDGE OF ALLEGIANCE

Vice-Chairperson Henderson led the Pledge of Allegiance.

ROLL CALL

STAFF IN ATTENDANCE
Attendee Name Title Status Arrived
David Huboi District 2 Present
Roxanne Stephens Chairperson / Entire City Present
Kevin Henderson Vice Chairperson/ District 1 Present
Vacant District 3 N/A
Luke Corona District 4 Present
Attendee Name Title Status Arrived
Jennifer
Thompson
City Attorney Present
Adrianna Ortiz Development Services Director Present
Eva Kelly Interim Planning Manager Present
Tad Stearn Consulting Planner (Kimley-
Horn)
Remote
Liz Gagliardi Associate Planner Present
Vanessa Lopez Planning Technician Present
Paul Da Silva Information Systems &
Technology Director
Present
Mark Falgout Acting City Engineer (Kimley-
Horn)
Remote
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June 23, 2022
Regular Planning Commission Minutes

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VERIFICATION OF AGENDA POSTING

The Agenda for the City of Hollister Planning Commission Meeting for Thursday, June 23, 2022 was posted on the bulletin board at City Hall on Friday, June 17, 2022 at 4:40 p.m. per Government Code section 54956.

APPROVAL OF MINUTES

Commissioner Huboi motioned to approve the Thursday, February 24, 2022 Minutes with no changes. Motion seconded by Vice-Chairperson Henderson.

The Thursday, February 24, 2022 Minutes were approved by a unanimous vote of the Planning Commission, 4-0-0-0.

RESULT: Adopted [Unanimous]
MOTION: David Huboi
SECOND: Kevin Henderson
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

PUBLIC INPUT
No speaker cards were received for public input at City Hall, and no hands were raised on Zoom.

PUBLIC HEARINGS

1. Tentative Map 2021-4, Conditional Use Permit 2022-1 for a Planned Unit Development – PAD Investment Trust, et al – The applicant is requesting a Vesting Tentative Map and Conditional Use Permit for a Planned Unit Development approval to subdivide 13.79 acres into 95 lots. The subdivision would create 92 new residential single family detached lots, a parcel to be dedicated for public park space, a parcel for stormwater treatment, and a remainder lot with an existing home that will remain. The property has a General Plan designation of Low Density Residential, and is within the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District. Site and Architectural Review is not part of the application. The project is located between North Chappell Road and the Highway 25 Bypass, north of Primavera Drive, further identified as San Benito County Assessor Parcel Number 051-230-005. CEQA: Environmental Impact Report (previously prepared).

Interim Planning Manager Kelly introduced Consulting Planner Tad Stern (Kimley-Horn) to present the staff report.

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June 23, 2022
Regular Planning Commission Minutes

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Open Public Hearing: 6:27 p.m.

Public Providing Testimony: Victor Gomez, Augie Dent
Closed Public Hearing: 6:36 p.m.

Commissioner Corona motioned to adopt the resolution approving Vesting Tentative Map 2021-4, subject to the findings and conditions contained in the draft resolutions, and to adopt the resolution approving Conditional Use Permit 2022-1 for a Planned Unit Development subject to the findings and conditions contained in the draft resolution.

Motion seconded by Vice-Chairperson Henderson.

Motion failed at a tie vote by the Planning Commission, 2-2-0-0.

RESULT: Motion Failed [Tie Vote]
MOTION: Luke Corona
SECOND: Kevin Henderson
AYES: Corona, Henderson
NOES: Huboi, Stephens
RECUSED:

ABSTAIN:

ABSENT:

Commissioner Huboi motioned to return the item to a future agenda with more information on the density calculation and specifically on what it means to calculate net density in relation to the current definition of density. Motion seconded by Chairperson Stephens.

Motion was unanimously carried by the Planning Commission, 4-0-0-0.

RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. Site & Architectural Review 2021-5 – Felipe Nine, LLC – The applicant is requesting Site & Architectural Review approval for the construction of a 337,710 square foot greenhouse building for cannabis cultivation, distribution, and manufacturing in the North Gateway (NG) Zoning District. The project is located at 773 San Felipe Road, east of San Felipe Road, north of N. Chappell Road; further identified as San Benito County Assessor Parcel Numbers 051-100-035, 051-100-036, and 051-100-046. CEQA: Mitigated Negative Declaration.

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June 23, 2022
Regular Planning Commission Minutes

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Interim Planning Manager Kelly presented the staff report.

Open Public Hearing: 7:12 p.m.

Public Providing Testimony: Geary Coats
Closed Public Hearing: 7:14 p.m.

Commissioner Huboi motioned to continue the item to a date uncertain. Motion seconded by Commissioner Corona.

Motion was unanimously continued to date uncertain by the Planning Commission, 4-0- 0-0.

RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Luke Corona
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. Tentative Map 2021-3, Conditional Use Permit 2021-10 for a Planned Unit Development – Stonebridge Homes/Hugh Walker – The applicant is requesting a Vesting Tentative Map and Conditional Use Permit for a Planned Unit Development approval to subdivide 9.3 acres into 101 lots. The subdivision would create 100 new residential single family detached lots and a parcel for stormwater treatment. The property has a General Plan designation of Medium Density Residential, and is within the Medium Density Residential Performance Overlay (R3-M/PZ) Zoning District. Site & Architectural Review is not part of the application. The project is located at 1070 Buena Vista Road, north of Buena Vista Road, west of Westside Boulevard, and south of Westside Road., further identified as San Benito County Assessor Parcel Number 019-120-005. CEQA: Mitigated Negative Declaration (previously prepared).

Interim Planning Manager Kelly introduced Consulting Planner Tad Stearn (Kimley-Horn) to present the staff report.

Open Public Hearing: 7:29 p.m.

Public Providing Testimony: None
Closed Public Hearing: 7:29 p.m.

Speaker card received from audience member
Public Hearing Re-opened: 7:38 p.m.

Public Providing Testimony: Hugh Walker
Closed Public Hearing: 7:40 p.m.

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June 23, 2022
Regular Planning Commission Minutes

Page 5 of 8 ends

The following conditions for TM 2021-3 were discussed:

67. This condition was removed. Previously read: No buildings, trees, bushes other structures or materials shall be placed within ten feet (10’) of the meters, water lines or sanitary sewer connections and laterals.

69. This condition was removed. Previously read: Separate plans and permits are required from the State of California Department of Transportation (Caltrans) for work or construction staging within state public rights-of-way. Said plans shall be provided to the City of Hollister for review and approval of consistency with the project mitigation measures, conditions of approval, Development Plan, and conformance with the subdivision improvements.

79. This condition was removed. Previously read: Secondary access is required from all portions and/or phases of the subdivision where more than 30 dwelling units are proposed.

The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans or final map approval for each subsequent map or construction phase. Any temporary or permanent emergency access location, construction, and controls shall be in accordance with the Fire Code, City Engineering Standards, and shall be approved to the satisfaction of the Fire Department and Public Works Department.

Vice-Chairperson Henderson motioned to adopt a resolution approving Vesting Tentative Map 2021-3, subject to the findings and conditions within the draft resolution with the removal of Conditions 67, 69, and 79 as discussed. Second by Commissioner Corona.

Motion failed at a tie vote by the Planning Commission, 2-2-0-0.

RESULT: Motion Failed [Tie Vote]
MOTION: Kevin Henderson
SECOND: Luke Corona
AYES: Corona, Henderson
NOES: Huboi, Stephens
RECUSED:

ABSTAIN:

ABSENT:

Commissioner Huboi motioned to bring Tentative Map 2021-3 back to a future meeting with further clarification of the density as it relates to current allowances in the Municipal Code. Second by Chairperson Stephens.

Motion was unanimously carried by the Planning Commission, 4-0-0-0.

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June 23, 2022
Regular Planning Commission Minutes

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RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Commissioner Huboi motioned to bring Conditional Use Permit 2021-10 back to a future meeting with further clarification of the density as it relates to current allowances in the Municipal Code. Second by Chairperson Stephens.

Motion was unanimously carried by the Planning Commission, 4-0-0-0.

RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

4. Prezone 2021-2 – Ted Intravia – The applicant is requesting to prezone for future annexation 3 parcels, totaling approximately 3.10 acres, into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District. The parcels are located south of Hillcrest Road, west of Los Altos Drive, and east of Trinity Drive, and north of El Dorado Drive; further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460- 036, & 020-120-064. CEQA: Categorically Exempt.

A disclosure was given by all Planning Commissioners that Anne Hall had emailed them prior to the Planning Commission meeting regarding the Prezone 2021-2. Commissioner Huboi additionally disclosed that on June 21st he had a discussion with the applicant in his office for informational purposes only.

Interim Planning Manager Kelly presented the staff report.

Open Public Hearing: 8:16 p.m.

Public Providing Testimony: Alex Sywak, Ann Hall, Lester Wickman, and Ted Intravia.

Written Comments Received Prior to Planning Commission Meeting From: Alex Sywak, Bill Nicholson
Closed Public Hearing: 8:33 p.m.

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June 23, 2022
Regular Planning Commission Minutes

Page 7 of 8 ends

Commissioner Huboi motioned to recommend that the City Council approve Prezone 2021-2 for three parcels as proposed, and not include the surrounding parcels which were recommended by staff. Second by Commissioner Corona.

Motion was unanimously carried by the Planning Commission, 4-0-0-0.

RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

1. Minor Subdivision 2018-3 Amendment – Alan Brookshire – The applicant is requesting approval to remove the requirement to underground a power pole located in the unnamed alley behind the project, which was required as part of Condition of Approval 11 of Planning Commission Resolution 2018-36. The project is located at 221 Hawkins Street, south of Hawkins Street, east of San Benito Street, and west of East Street in the Downtown Mixed Use (DMU) Zoning District. The property is further identified as San Benito County Assessor Parcel Number 056-091-002. CEQA: Categorically Exempt.

Interim Planning Manager Kelly presented the staff report.

Open Public Hearing: 8:52 p.m.

Public Providing Testimony: Anne Hall, Alan Brookshire
Close Public Hearing: 8:59 p.m.

Commissioner Huboi motioned to uphold the applicant’s request regarding Condition of Approval 11 of Resolution 2018-36, and to remove the requirement for undergrounding of the utility pole. Second by Chairperson Stephens.

Motion was unanimously carried by the Planning Commission, 4-0-0-0.

RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

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June 23, 2022
Regular Planning Commission Minutes

Page 8 of 8 ends

NEW BUSINESS
Interim Planning Manager Kelly introduced new Planning and City Attorney Staff: Adrianna Ortiz, Development Services Director (4LEAF); Jennifer Thompson, City Attorney (Lozano-Smith); Vanessa Lopez, Planning Technician (4LEAF); Liz Gagliardi, Associate Planner (4LEAF); Erica Fraser, Senior Planner (4LEAF); and Samuel Fluhmann, Planning Technician (4LEAF).

Update that Abraham Prado has accepted a position as Assistant Director of the RMA with San Benito County, and is no longer with the City of Hollister.

OLD BUSINESS

Update on the General Plan Update from Interim Planning Manager Kelly. Staff has currently received most of the chapters of the Administrative Draft, and is reviewing these chapters.

PLANNING DEPARTMENT REPORTS

None.

PLANNING COMMISSION REPORTS

None.

ADJOURNMENT

Commissioner Huboi motioned to adjourn the meeting at 9:15 p.m. Motion seconded by Chairperson Stephens.

Motion was unanimously adopted by the Planning Commission, 4-0-0-0.

RESULT: Motion Carries [Unanimous]
MOTION: Kevin Henderson
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:

RECUSED:

ABSTAIN:

ABSENT:

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RESOLUTION NO. 2021-124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION OF PREZONE 2021-2 TO INITIATE THE PREZONING AND

EXPANSION OF THE SPHERE OF INFLUENCE TO INCLUDE THREE PARCELS TOTALING 3.10 ACRES LOCATED IN THE UNINCORPORATED AREA OF THE

COUNTY OF SAN BENITO, SOUTH OF HILLCREST ROAD AND WEST OF LOS ALTOS

DRIVE, FURTHER IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBERS 020-460-035, 020-460-036, & 020-120-064
WHEREAS, under provisions of Section 17.24.250 of the Zoning Ordinance, the Director of the City of Hollister Development Services Department shall first submit a complete application for prezoning to the City Council for the Council to direct whether the prezoning will or will not proceed; and
WHEREAS, the Sphere of Influence is an important benchmark because it defines the primary area within which urban development is to be encouraged and where the city will be expanding providing new or extended services; and
WHEREAS, The City of Hollister Development Services Department received the Initiation of Prezone application and request to expand the Sphere of Influence to include San Benito County Assessor Parcel Numbers 020-046-035, 020-460-036, & 020-120- 064, and forwarded the request to the City of Hollister Development Review Committee to assess the proposal for compliance will all relevant regulations; and WHEREAS, the City Council at its meeting of June 21, 2021 considered the applicant's request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, the City Council deliberated and determined to grant the applicant's request and approve the application for Initiation of Prezone 2021-2 and the expansion of the Sphere of Influence in accordance with Section 17.24.250 of the Zoning Ordinance, and based on the facts as presented, and the code requirements as plainly stated; and

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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Resolution No. 2021-124

Page 2 of 2 ends

WHEREAS, public hearings shall be set before the Planning Commission and City Council for the prezoning of the property in compliance with Section 17.24.120 Public Hearings of the Zoning Ordinance; and
WHEREAS, at the June 21, 2021, meeting, City Council made the amendment stating that if any other parcels in the vicinity would want to annex into the City they would have to perform the CEQA requirement for the entire peninsula.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve of the Initiation of Prezone 2021-2 and the expansion of the Sphere of Influence.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of June, 2021, by the following vote:

AYES: Council Members Perez, Resendiz, Burns, and Mayor Velazquez.

NOES: None.

ABSTAINED:None.

ABSENT:None.

Ignacio Velazquez, Mayor
ATTEST:APPROVED AS TO FORM:

Epperson Law Group PC
Christ!ne Black, MMC, City Clerk
Jas S. person, City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-124 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a Regular Meeting of said Council held on the 21st day of June, 2021, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 21st day of June, 2021.

Christine Black, NAMC
City Cierk of the City of Hollister
Seal)

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL
ON "=1LE 1N THE
OFFICE OF -1 HL CITY CL.ER4
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FLOOD ZONE MAP

Legend

Project Boundary

Flood Zone AE
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LEGEND
City Limit
Applicant Proposal PZ 2021-2
City Staff Recommended Boundary
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: September 8, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-166, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE-LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

DEPARTMENT SUMMARY: This item is related to the recruitment process for two (2) Fire Safety Inspector positions for the Fire Department – Fire Prevention Bureau. The positions were approved by the City Council on June 21, 2022, and they are both funded in the current fiscal year budget.

As a matter of formality, on July 25, 2022, the City of Hollister and the Hollister Firefighters Union, Local 3395 representatives met and conferred over the recruitment process to fill the two (2) positions, and they have reached a tentative agreement as follows:

OPEN RECRUITMENT

1. One (1) position will be filled through a recruitment process open to the public and Fire line personnel employees.

2. The incumbent in this position will not be allowed to work in the capacity of, take the place of, used to save overtime, or backfill any Fire Department line personnel positions.

3. The incumbent in this position may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command.

INTERNAL BID RECRUITMENT

1. One (1) position will be filled through an internal bid recruitment open to Fire Department line personnel only. The bid process will be consistent with the provisions of the side-letter agreement and M.O.U. between the City and Hollister Firefighters Union.

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2. Eligible Fire Department line personnel can bid on the position consistent with the provisions of the side-letter agreement and M.O.U. between the City and Hollister Firefighters Union.

3. The position will be filled on a rotational basis, consistent with the provisions of the side-letter agreement and M.O.U. between the City and Hollister Firefighters Union.

4. The position will be filled on a temporary basis with a two (2) year term period, up to a maximum of four (4) consecutive years. At the end of each term served, the employee will return to their previous position and pay rate, and another eligible employee will then rotate into the position.

5. The incumbent in the position will be allowed to work a flexible work schedule as it may require additional time after normal business hours. For example, but not limited to weekends, special events, attendance of meetings, giving presentations, call backs or page outs. Compensation for any additional work that is approved by the Supervisor and the Fire Chief will be consistent with Section G., “Call Back Pay”, of the M.O.U. between the City and the Hollister Firefighters Union.

6. If the position is not filled with an eligible Fire Department line personnel, then the position will be filled with the lowest ranking Fire Captain, that is not on probation, for a term of one (1) year. After that period, the position will be filled with the next higher-ranking Captain for a term of one (1) year. This rotation will continue if eligible line personnel do not bid on the position.

7. The incumbent in this position may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command.

8. The recruitment for the position will be offered to eligible Fire department line personnel every two (2) years.

9. All appointments to this position are subject to approval by the Hollister Fire Chief.

The bid process that will be conducted is outlined in a draft side -letter agreement between the parties. A copy of that draft side-letter agreement is attached to this staff report for reference.

The approval of the side-letter will allow an amendment to the Hollister Firefighters Union M.O.U.

Staff recommends that the City Council approve the tentative side -letter agreement and authorize the City Manager to execute it on behalf of the City. Staff has prepared the necessary resolution for City Council approval consideration.

FINANCIAL IMPACT: None

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CEQA: N/A

ATTACHMENTS:

1. Fire Inspector Side Letter9.7.22

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-166

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE-LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

WHEREAS, on June 21, 2022, City Council approved the recruitment process for two (2) Fire Safety Inspector positions for the Fire Department – Fire Prevention Bureau; and

WHEREAS, on July 25, 2022, the City of Hollister and the Hollister Firefighters Union, Local 3395 representatives met and conferred over the recruitment process to fill the two (2) positions, and they have reached a tentative agreement as follows:

OPEN RECRUITMENT

1. One (1) position will be filled through a recruitment process open to the public and Fire line personnel employees.

2. The incumbent in this position will not be allowed to work in the capacity of, take the place of, used to save overtime, or backfill any Fire Department line personnel positions.

3. The incumbent in this position may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command.

INTERNAL BID RECRUITMENT

2. Eligible Fire Department line personnel can bid on the position consistent with the provisions of the side-letter agreement and M.O.U. between the City and Hollister Firefighters Union.

3. The position will be filled on a rotational basis, consistent with the provisions of the side-letter agreement and M.O.U. between the City and Hollister Firefighters Union.

4. The position will be filled on a temporary basis with a two (2) year term period, up to a maximum of four (4) consecutive years. At the end of each term served, t he employee will return to their previous position and pay rate, and another eligible employee will then rotate into the position.

that is approved by the Supervisor and the Fire Chief will be consiste nt with Section G., “Call Back Pay”, of the M.O.U. between the City and the Hollister Firefighters Union.

7. The incumbent in this position may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command.

8. The recruitment for the position will be offered to eligible Fire department line personnel every two (2) years.

9. All appointments to this position are subject to approval by the Hollister Fire Chief.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union approving the recruitment process for two (2) Fire Safety Inspector positions for the Fire Department – Fire Prevention Bureau.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Bonnie Gawf, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-166, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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Side Letter Agreement
Between the
City of Hollister
And the Hollister Firefighters Union, Local 3395

The City of Hollister (City) and the Hollister Firefighters Union Local 3395 (HFFU), met, conferred on July 25, 2022, and reached a tentative agreement to the following language in regards to the Fire Safety Inspector positions:

Two Fire Safety inspector positions will be added to the Hollister Fire Department personnel budget and will be represented by The Hollister Firefighters Union (HFFU) IAFF local 3395. One Fire Safety Inspector will be permanently filled (until vacancy occurs) by an open recruitment testing process. This openly recruited position will not be allowed to work in the capacity, take the place of, used to save overtime, or backfill any line staff positions. Fire Safety Inspectors may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command (IC). The second Fire Safety Inspector position will be filled on a rotational basis by fire personnel line staff. This position will be biddable for two (2) years with a max of four (4) years (two consecutive bids). If this position goes unbidden, the position will be filled with the lowest ranking Captain (not on probation) assigned for a one (1) year term. After the one (1) year term is complete the next Captain above in seniority will be assigned for a one (1) year term, this assigned rotation will continue if the position goes unbidden and will open up for bid every two (2) years without a membership vote. Bidding of this position will follow MOU Section 0. Order of bidding, for qualified personnel. Line personnel who bid or who are assigned to the rotational position will be compensated under the F63 pay scale while working in this capacity. If said personnel return to their previous position after their rotation is complete they will return to their previous pay scale if different. This position will be allowed a flexible work schedule and may require additional time after normal business hours. For example, but not limited to weekends, special events, attendance of meetings, giving presentations, call backs or page outs and shall be compensated as such, Section G. Call Back Pay.

All other terms, conditions and agreements represented in the M.O.U. will remain in full effect.

City of Hollister Hollister Firefighters Union, Local 3395

Date_________________________ Date___________________________

By____________________________ By ____________________________ Brett I. Miller, City Manager Josh Buzzetta, President

DocuSign Envelope ID: DF209A8D-BA7B-481A-84DC-9544B440A66E 9/7/2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: September 7, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-167, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE-LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

DEPARTMENT SUMMARY: Currently, the Fire Department has a need to provide a process to accommodate 40-hour a week flexible work schedules for individuals that are assigned special assignments. A couple of examples of special assignments that would require flexible schedules include Fire Explorer Training and the training of a new hire that is enrolled in the fire academy. At this time, the Hollister Firefighters MOU does not include such a provision.

On July 25, 2022, the City and the Hollister Firefighters Union, Local 3395 (H.F.F.U) representatives met and conferred regarding the matter. The parties have reached a tentative agreement to include language which explains the process by which the flexible schedule would be approved. The language states unit members may work 40- hour week flexible schedules, and implementation of a flexible work schedule shall be evaluated on a work unit basis. Further approval of a flexible work schedule will only be in those units where the schedule can be implemented without reducing service levels and cost effectiveness. All schedules must first be approved by the member’s supervisor and the Fire Chief prior to it being implemented. With the adoption of this side-letter, it will allow an amendment to the Hollister Firefighters Union M.O.U.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

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1. Flexible Hours Side Letter

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-167

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE-LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

WHEREAS, the Fire Department has a need to provide a process to accommodate 40 - hour work schedules for individuals that are assigned special assignments; and

WHEREAS, at this time, the Hollister Firefighters Union, Local 3395 Memorandum of Understanding does not include such a provision; and

WHEREAS, on July 25, 2022, the City and the Hollister Firefighters Union, Local 3395 (H.F.F.U) representatives met and conferred regarding the matter; and

WHEREAS, the parties have reached a tentative agreement to include language which explains the process by which the flexible schedule would be approved; and

WHEREAS, the language states unit members may work 40 -hour week flexible schedules, and implementation of a flexible work schedule shall be evaluated on a work unit basis; and

WHEREAS, further approval of a flexible work schedule will only be in those units where the schedule can be implemented without reducing service levels and cost effectiveness; and

WHEREAS, all schedules must first be approved by the member’s supervisor and the Fire Chief prior to it being implemented.

WHEREAS, with the adoption of this side-letter, it will allow an amendment to the Hollister Firefighters Union, Local 3395 Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union, Local 3395 approving language which explains the process by which the flexible schedule would be approved.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

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Bonnie Gawf, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-167, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official S eal of the City of Hollister this City Council day of September, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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Side Letter Agreement
Between the
City of Hollister
And the Hollister Firefighters Union, Local 3395

Flexible Work Schedules
Members may work 40 hour a week flexible work schedules. Implementation of a flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness. A change to a flexible work schedule must be approved by the member's supervisor and the Fire chief.

All other terms, conditions and agreements represented in the M.O.U. will remain in full effect.

City of Hollister Hollister Firefighters Union, Local 3395

Date_________________________ Date___________________________

By____________________________ By ____________________________ Brett I. Miller, City Manager Josh Buzzetta, President

DocuSign Envelope ID: CB22BB09-17C7-47D4-BEEF-65B0806AC131 9/7/2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: September 8, 2022 AGENDA ITEM: Public Hearings DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-168, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A CITY-INITIATED GENERAL

PLAN AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENT TO

CHANGE HOW THE CITY REVIEWS RESIDENTIAL DEVELOPMENT DENSITY FROM NET DENSITY TO GROSS DENSITY (GPA 2022-1)

BRIEF DESCRIPTION: The City Council will consider amending the 2005-2023 Hollister General Plan and the Zoning Ordinance of the Municipal Code related to how the City calculates the density of a residential development and to make minor amendments to the Zoning Ordinance for clarity and consistency with the General Plan.

RECOMMENDATION: Adopt a Resolution of the City Council amending the 2005 -2023 Hollister General Plan to change how the City calculates the density of a residential development.

DEPARTMENT SUMMARY: During a Public Hearing on June 23, 2022, the Planning Commission directed Staff to bring a discussion of how the City evaluates the density of a project to a future meeting. On August 4, 2022, the Planning Division brought the matter to the Planning Commission for review and discussion during a Planning Commission Study Session (Staff Report included as Attachment 1). During the Study Session, the Planning Commission determined that density should be reviewed on a gross, not net, basis and directed Staff to bring amendments to the General Plan and Zoning Ordinance to the Planning Commission for recommendation to the City Council.

Gross density allows the City, Property Owners, and Applicants to easily determine how many dwelling units will be allowed on a property prior to preparing detailed plans.

Additionally, the City has been encouraging projects which are on the higher side of the density range to encourage a wide variety of housing types. By requiring developers to calculate density on a gross basis, the City will allow for more dwelling units than would be permitted under net density.

The current draft of the General Plan lists the allowable density for residential uses as a range of gross density. The proposed amendment to the General Plan to review density on a gross, not net, basis is consistent with the way density will be reviewed unde r the future General Plan once adopted.

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On August 25, 2022, the Planning Commission reviewed Staff’s proposed amendments to the General Plan and the Zoning Ordinance to allow the City to review the density of a residential project on a gross, not net basis during a Public Hearing (Staff Report included as Attachment 2). Following discussion of the item, the Planning Commission adopted Resolution 2022-10 (Attachment 3) recommending City Council approval of a General Plan Amendment and Planning Commission Resolution 2022-11 (Attachment 4) recommending City Council approval of a Zoning Ordinance Amendment.

General Plan Amendment:

The Land Use and Community Design Element of the Hollister 2005-2023 General Plan states that the density of residential developments is to be calculated under a net basis in each of the residential land use categories on pages 2.7 -2.8. In order to change this from net density to gross density, the following modifications are proposed:

 Modify the land use designations on page 2.7 t o remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

 Modify the land use designations on page 2.8 to remove the word net from the High Density Residential and Mixed Use Commercial and Residential categories.

Zoning Ordinance Amendment:

Several changes are required to the Zoning Ordinance in order to change how the City reviews density. All changes to Title 17, Zoning Ordinance, of the Hollister Municipal Code are included with deleted text shown with strikethrough and new text shown in bold font in Attachment 5. The following modifications are proposed to be made to the Zoning Ordinance related to density:

 Delete the existing definition of density in Chapter 17.02.020, Definitions, and include a new definition which reads “Density, gross means the number of primary residential dwellings per acre of land within a project site.”

 Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections 17.04.010 Subsections (A) – (H), Purpose

 Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net

 Section 17.04.050(A)(2), Old Town Zoning Districts, – remove the word net

 Section 17.14.010(A) – remove the word net from the Residential Performance Overlay Zoning Districts

The following clarifying note is recommended to Table 17.04 -2 to ensure that the density outlined in the General Plan takes precedence over the lot size estab lished in the Zoning Ordinance.

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 Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – add note 12 to Minimum Lot Size to read “Where the minimum lot size conflicts with the density established under the General Plan, the density in the General Plan shall take precedence.”

While preparing the draft Zoning Ordinance amendments, Staff observed an error in the maximum density listed in the Zoning Ordinance for the R3 (Medium Density Residential) District. The Zoning Ordinance states that the density range permitted for this designation is from 8 to 16 dwelling units per acre which conflicts with the General Plan which permits 8 to 12 dwelling units per acre. This is an error and should be fixed as follows:

 Section 17.04.010(D) – modify the R3 (Medium Density Residential) District to read “from eight to 12 dwelling units per acre.”

Staff recommends the housing type of “Small Lot” be removed from Table 17.04 -1. This definition is not defined in the Zoning Ordinance and the type should be removed for clarity. Additionally, Staff recommends that duplexes be added to the allowable residential dwelling types for R1 Districts, consistent with SB 9 (as discussed with the Planning Commission during the August 25, 2022 Study Session). The following modifications to Table 17.04-1 are proposed:

 Remove the “Small Lot Housing” land use type from Table 17.04 -1

 Change Duplexes from Not Permitted to allowed with a Site and Architecture Review

FINANCIAL IMPACT: $0.

CEQA: The proposed General Plan Amendment is consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). The EIR evaluates \d the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan.

This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23:

Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is referenced in the Final EIR. Because the impacts of development related to the General Plan was evaluated based on a typical density, a change from net to gross would not result in the construction or more or fewer dwelling units than what was anticipated. Furthermore, maximum density was calculated on a gross basis (Table B -2 of the Hollister 2005-2023 General Plan). Both numbers are reference in the Final EIR.

Therefore, the proposed modifications to the General Plan are consistent with the Final EIR adopted for the 2005-2023 General Plan because the modification would not result in the construction of additional units beyond what was previously studied, which was an assumed density for each land use designation. No further CEQA review is required based on the proposed modifications listed under Recommendations.

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ATTACHMENTS:

1. 1. August 4, 2022 Planning Commission Study Session Staff Report

2. 2. August 25, 2022 Planning Commission Staff Report

3. 3. Planning Commision Resolution 2022-10_General Plan Amendment

4. 4. Planning Commission Resolution 2022-11_Zoning Ordinance Amendment

5. 5. Red-Lined General Plan Amendment

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-168

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A CITY-INITIATED GENERAL PLAN AMENDMENT TO THE LAND

USE AND CIRCULATION ELEMENT TO CHANGE HOW THE CITY REVIEWS

RESIDENTIAL DEVELOPMENT DENSITY FROM NET DENSITY TO GROSS DENSITY (GPA 2022-1)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has adopted the 2005-2023 Hollister General Plan which is the City’s official policy which guides land use and physical development of land within the city limits; and

WHEREAS, California Government Code Sections 65350 et seq. authorizes cities to prepare, adopt and amend General Plans and their elements; and

WHEREAS, California Government Code Section 65358(a) reads, “If it deems it to be in the public interest, the body may amend all or part of an adopted general plan. An amendment to the general plan shall be initiated in the manner specified by the legislative body.”; and

WHEREAS, the Planning Commission recommended approval of a City initiated General Plan Amendment 2022-1 to the City Council with Planning Commission Resolution 2022-10; and

WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider the General Plan Amendment (GPA 2022-1) in which all interested persons were heard; and

WHEREAS, a Staff Report was submitted to the City Council of the City of Hollister recommending a General Plan Amendment; and

WHEREAS, the City Council has determined that the proposed amendments are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table

4.1B, Summary of Land Use Changes on page 4.1 -7 of the EIR lists the total number of acres to be developed in the City. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23:

Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown i n this Table is referenced in the Final EIR. A change from net to gross density will not affect the total number of residential dwellings anticipated in the EIR because that number was calculated on a gross basis for the anticipated density. Additionally, the proposed modification to Section 17.04.010.D is consistent with the EIR because the modification is consistent with the density allowed under the General Plan; and

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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister based on facts and analysis in the Staff Report, written and oral testimony, does hereby amend the 2005-2023 Hollister General Plan as follows:

 Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

 Modify the land use designations on page 2.8 to remove the work net from the High Density Residential and Mixed Use Commercial and Residential categories.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Bonnie Gawf, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-168, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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PURPOSE: Net vs. Gross Density – A discussion of the difference between net and gross density, how the City’s Zoning Ordinance and General Plan evaluate density, and how the City should calculate the density of a project moving forward.

STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner

ATTACHMENTS: 1. Link to the City’s YouTube channel for the June 23, 2022 Planning Commission Public Hearing
( https://www.youtube.com/watch?v=pMTj63rkE24)

2. League of California Cities – Understanding Density and Development Intensity

3. Hollister General Plan (current) http://hollister.ca.gov/wp- content/uploads/2014/12/Complete_General_Plan.pdf

4. Final Environmental Impact Report http://hollister.ca.gov/wp- content/uploads/2014/12/2GPFEIRSec4.1-4.2v2.pdf

5. 2016 Housing Element
http://hollister.ca.gov/wp-content/uploads/2017/07/Section-2- Final-Housing-Element-April-2016.pdf

6. Net vs. Gross Calculations for Recent Approved Residential Developments

BACKGROUND:

During the June 23, 2022 Planning Commission Public Hearing, Chairperson Huboi asked for clarification with regards to how the City evaluates the density of a residential project ( https://www.youtube.com/watch?v=pMTj63rkE24 , Attachment 1). Specifically, Chairperson Huboi asked if the City evaluates net or gross density and also asked how the City defines each of these terms.

This discussion was related to the Tentative Map and other entitlements that were part of two residential projects before the Planning Commission during the Public Hearing (Public Hearing Items No. 1 and 2). During the discussion of these two items Vice Chair Stephens and

Planning Commission
Study Session Staff Report
August 4, 2022
Item 1
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Commissioner Henderson also asked for clarification on how the City should evaluate the density of residential projects. The two development projects before the Commission at that Hearing were continued and the Planning Commission requested that Staff bring the matter before the Commission for a discussion so that the Planning Commission and Staff could determine the best method for reviewing the density of a project going forward.

In response to the feedback received during the Planning Commission meeting, Staff has prepared the following information which provides additional background on the general definitions of net and gross density, how the City’s General Plan and Zoning Ordinance regulate density and has made some recommendations to guide future evaluation of the density of residential projects.

Net vs. Gross Density Definition - General

Net density typically is defined as the density of residential lots within a development. This can exclude all roadways (public and private), parks, water retention ponds, etc. However the definition of net density varies from City to City. Gross density is universally defined as the total number of residential dwellings within the total area of a residential development.

The use of gross vs. net density varies from City to City, however most cities use gross when calculating the density of a large project which will typically include an internal roadway system, landscaping, and parks. Gross density is mostly used in General Plans because gross is a macro calculation and the General Plan is an overview of growth and development within the entire City (rather than site specific). The use of gross density is an easier calculation to use when determining the maximum number of dwellings within a large development before design on a project begins. The range allows a developer (or property owner) to estimate the minimum or maximum allowable dwellings on a lot prior to design work. For example, if an Applicant has a 10 acre parcel that is located within the Low Density Residential Land Use Designation (allows 1 – 8 dwelling units per acre), the Applicant can easily see that anywhere from 10 dwelling units up to a maximum of 80 dwelling units can be constructed. This helps the Applicant with the initial planning and layout of the new residential development.

Net density cannot be calculated until the area of the roadway (or other areas that are determined by a City to be excluded from net) is known. Using the example above, the Applicant could use the gross calculation as a starting point, but then must assume a percentage of the site that would be excluded from the net calculation to determine the number of units on the site.

As site improvements vary from project to project, this can cause some uncertainty with regarding to the maximum number of residential dwellings allowed.

The following Figure shows an example of a vacant parcel within the City that has a General Plan Land Use Designation of Low Density. If a property owner wanted to know the minimum and maximum number of dwelling units permitted on the lot prior to selling the lot to a developer, a E.1.a
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gross density calculation would be easier because only the allowable range in the General Plan is known as well as the total lot size. For example, if the gross density range was 1 dwelling unit to 8 dwelling units per acre, the property owner can easily determine that a minimum of 7 dwelling units to a maximum of 58 dwelling units are permitted (based on a 7.25 acre lot).

Figure 1 : Example of a Large Undeveloped Parcel in Hollister

As shown in the above example, a developer or property owner would have to make an assumption or guess on how much land would be left over after any areas in the public right-of- way or other items that are excluded from the net density calculation are removed. This is much harder to determine at the macro level.

The net density calculation for a project area cannot be calculated or assumed by the City until a site-specific project with plans is submitted to the City for review.

How the density of a residential development feels to an inhabitant, pedestrian, motorist, or visitor is not dependent on net or gross density. Rather, the way density is felt is due to the overall size and scale of a development, setbacks, lot coverage, housing size, height, design, buffers, parks, and open space. Please note that pursuant to State Law, Accessory Dwelling Units may not be evaluated with regards to maximum density or maximum lot coverage of a site.

For a general overview of density, please refer to the Presentation by the League of California Cities during the Planning Commissioners Academy on March 7, 2019 (Attachment 2).

City of Hollister 2005-2023 General Plan

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dwelling units that could be constructed following the adoption of the General Plan. The General Plan is an overview (or big picture look) of the development of the City over a period of time. The Land Use Element and the Housing Element specifically look at the construction of residential dwellings on land identified in the General Plan and on the Land Use Map (Attachment 3) http://hollister.ca.gov/wpcontent/uploads/2014/12/Complete_General_Plan.pdf) .

The existing Hollister General Plan is inconsistent with regards to net and gross density. The Land Use Designations included on pages 2.7 – 2.8 for residential parcels states that density for each designation is to be calculated as net density. A definition of net density is not provided in the General Plan.

Table LU2: Land Use Calculations (page 2.6 of the General Plan) includes a list of all of the Land Use Designations in the General Plan and includes the total number of acres designated per use and the maximum permitted intensity. The intensity range for residential units is shown as dwelling units per acre and does not state if gross or net density is to be used, rather it shows the lowest number of dwelling units and the maximum number of dwelling units (Maximum Permitted Density) per acre listed.

Table A23 in Appendix A, Housing Background Data and Tables B-1 and B-2 in Appendix B, Inventory of Housing Sites, provides the potential residential build-out from housing inventory per land use designation (See Attachment 3). Tables A23 and B-1 include each land use type and allowable density ranges and assumes a typical density per acre. This higher end of the allowable range is based on the City’s goal of increasing density in the City. This typical density is then calculated by multiplying the typical density based on the total number of acres (not the net acres) to come up with the additional housing capacity within the City (please note that Staff is aware that the capacity in Table A23 and Table B-1 are not consistent).

Table B-2 goes further by providing the total acreage of vacant land per category and the maximum number of units that can be constructed. For example, under Low Density residential, Table B-2 indicates that there was 78 acres of vacant land that that a maximum of 616 dwelling units could be constructed in that land use category. This was calculated by using gross density (net would not be definable at this stage) – 78 total acres x maximum density of 8 = 618 units. As the General Plan is an overview of development of the City, the City is unable to determine the net density of a project site. Therefore when calculating potential units for the General Plan and Housing Element, gross was used. Tables B-3 and B-4 provide additional calculations on the maximum density allowed, however these calculations appear to also be based on gross rather than net density.

The housing numbers provided in Tables A23, B-1, B-2, B-3, and B-4 were used in the preparation of the Environmental Impact Report prepared in conjunction with the General Plan (Attachment 4). The numbers were also used to show compliance with the City’s RHNA numbers in the Housing Element included in Attachment 3 as well as the updated 2016 Housing Element included as E.1.a
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Attachment 5 ( http://hollister.ca.gov/wp-content/uploads/2017/07/Section-2-Final-Housing- Element-April-2016.pdf).

Hollister Zoning Ordinance

Each residential Zoning District in the City includes a net density range for each District which aligns with the density in Chapter 2, Land Use and Community Design Element of the City of Hollister 2005-2023 General Plan. For example, the R1 (Low Density Residential) Zoning District states that the allowable density is one to eight dwelling units per net acre. This is consistent with the General Plan Land Use Designation of Low Density Residential which permits one to eight dwelling units per acre.

The Zoning Ordinance includes a definition of density in Section 17.02.020:

“Density means the number of dwellings per net acre or land, unless otherwise stated for residential uses.”

The term “net” is not defined in the Zoning Ordinance.

The Municipal Code under Title 16, Subdivisions, includes a definition of gross and net density.

The definitions included under Section 16.04.040, Definitions, are as follows:

“Density, gross means the ratio of dwelling units to the area that is divided into lots or residential parcels.”

“Density, net means the ratio of dwelling units to the area actually divided into lots or residential parcels, together with any open space or residential parcels, together with any open space or recreation areas or nonaccess streets, but excluding all land within access roads right-of-ways.”

The Zoning Ordinance further regulates density by imposing minimum lot sizes for each residential zoning district. The following Table shows a breakdown of each residential land use category with the General Plan Density, Zoning Ordinance Density, and the Maximum Lot Size for each designation.

Table 1 – Development and Density Standards for Hollister

Zoning District General Plan Density Zoning Ordinance
Density Minimum Lot Size
(RE) Residential
Estate
1 dwelling/5 net acres 1 dwelling/5 net
acres
5 acres
(R1) Low Density 1 to 8 du/net acre 1 to 8 du/net acre Interior: 5,500 sq. ft.

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Zoning District General Plan Density Zoning Ordinance
Density Minimum Lot Size
Corner: 6,500 sq. ft.
(R2) Two-Family 8 – 12 du/net acre 8 – 12 du/net acre 8,000 sq. ft. per two units
(R3) Medium Density 8 – 12 du/net acre 8 – 12 du/net acre 1 unit: 5,000 sq. ft. 2 units: 6,800 sq. ft.
3 units: 10,000 sq. ft.

Parcels of 10,000 sq. ft.
or more shall be
developed at a ratio of 3
dwelling units for the
first 10,000 sq. ft. and
3,600 sq. ft. for each
additional unit
(R4) High Density 12 – 35 du/net acre 12 – 35 du/net
acre
1 unit: 4,000 sq. ft.
2 units: 6,000 sq. ft.
3 units: 8,000 sq. ft.

Parcels of 8,000 sq. ft. or
more shall be
developed at a ratio of 3
dwelling units for the
first 8,000 sq. ft. and
1,240 sq. ft. for each
additional unit
(R4-20) High Density
Multifamily
12 – 35 du/net acre 20 du/acre – 35
du/acre
One acre
Residential
Performance Overlay
Same as the overlying
designation
Targeted
minimum density
of 6 units per net
acre
Low Density: 2,500 sq.
ft.

All Others: Less than
2,500 sq. ft.

As shown above, on a macro level, the City evaluates the overall density of a residential development in the General Plan and Zoning District. Once project plans are received the City further evaluates a project at a micro level to ensure that the design of the development is consistent with the minimum required lot size, which further regulates the density of a development. The City also requires minimum lot depth, width, and coverage in each residential Zoning District which further regulates the density of a residential parcel (Table 17.04-3 Residential Standards for Lot Width, Depth, Coverage and Building Height.

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a project. The overall “feel” and look of the density of a project changes due to landscaping, buffers, lot coverage, setbacks and housing types within a development.

As previously mentioned, the City has been encouraging projects which are on the higher side of the density range to encourage a wide variety of housing types within the City. In order to allow for a mixture of housing types and encourage a variety of types as well as lot sizes, designs and configurations, the City allows a development to apply for a Planned Unit Development. The purpose of a Planned Unit Development is to allow flexibility in design, layout, and density , “while protecting the integrity and character of the residential areas of the City; encourage innovation and the development of affordable housing; and ensure consistency with the General Plan” (Section 17.24.240.A of the Zoning Ordinance).

Furthermore, as shown in Table 1, the City has a special Performance Overlay Zoning District (Section 17.14.010 of the Zoning Ordinance) which allows for smaller lots (as small as 2,500 square feet in the R1 Zoning District) which encourages a developer to provide a mix of housing types in a development. The overall density of the project must remain within the allowable density of the General Plan, however by allowing some lots to be smaller than what is typically required, the developer can achieve a density which is on the higher end of the density range on the overall project site.

Recently Approved Residential Developments in Hollister

Because the City has inconsistently reviewed residential developments with regards to net and gross density, developments of varying density have been approved in previous years. Acreage excluded from the total acreage to come up with the net density of a project has also varied due to a lack of a specific definition in the Zoning Ordinance.

Table 2 below shows the net and gross density for several residential projects that were previously approved. Because Zoning Ordinance does not define net density, Staff has calculated this density differently from project to project. For the purposes of this review, Staff has defined net as the land leftover after all roads, open space, and stormwater areas are removed from the gross acres of a site. To calculate the net density, Staff took the total acreage of the project site and subtracted the land used for all roads, all open space and all stormwater areas.

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Table 2: Approved Projects with Net and Gross Density

Project No. Project Name Zoning
Designation
Allowable
Density
Gross
Acres
Gross
Units
Allowed
Net
Acres
Net
Units
Allowed
Approved
Number
of
Dwelling
Units
TM 2013-3 The Villages R1-L/PZ
1 - 8
du/acre 32.36 33-258 21.38 22-172 155
TM 2015-1 Saddlebrook R1-L/PZ
1 - 8
du/acre 3.91 4-31 3.13 4-25 43
TM 2014-4 Apricot Lane R1-L/PZ
1 - 8
du/acre 21.16 22-169 13.66 14-109 100
TM 2014-2 Ladd Ranch R1-L/PZ
1 - 8
du/acre 19.49 20-155 10.33 11-83 82
TM 2015-4 Orchard Park R3-M/PZ
8 - 12
du/acre 9.98 80-119 6.3 51-76 82
TM 2018-8 Walnut Park 14 R3-M/PZ
8 - 12
du/acre 4.27 35-51 2.45 20-30 42
TM 2013-5 Cerrato R3-M/PZ
8 - 12
du/acre 43.72 350-524 29.36 235-353 241
TM 2015-2 Orchard Ranch R1-L/PZ
1 - 8
du/acre 11.48 12-91 7.56 8-61 53
TM 2014-1 The Cottages R1-L/PZ
1 - 8
du/acre 5.00 5-40 3.4 4-27 39
PZ 2015-6
CHISPA Buena
Vista R3-M/PZ
8 - 12
du/acre 4.70 38-56 4.54 37-55 53
TM 2015-5 El Cerro R1-L/PZ
1 - 8
du/acre 4.78 5-38 3.25 4-26 22
TM 2009-2 Twin Oaks R3
8 - 12
du/acre 24.40 196-292 17.06 137-205 166
S&A 2016-2
Coria Fourplex
(Valley View) R4
12 - 35
du/acre 0.32 4-11 0.32 4-12 4
TM 2016-4 Hillcrest Meadows R1-L/PZ
1 - 8
du/acre 9.94 10-79 7.132 8-57 48
TM 2013-2 Allendale R3-M/PZ
8 - 12
du/acre 81.01 649-972 33.95 272-408 343
TM 2018-3 Maple Park R3-M/PZ
8 - 12
du/acre 5.00 40-60 2.88 23-35 49
S&A 2018-3 240 Sally St R4
12 - 35
du/acre 0.30 4-11 .30 4-11 3
TM 2018-1 Solorio Park II R1-L/PZ
1 - 8
du/acre 4.12 5-32 2.9 3-23 37
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Project No. Project Name Zoning
Designation
Allowable
Density
Gross
Acres
Gross
Units
Allowed
Net
Acres
Net
Units
Allowed
Approved
Number
of
Dwelling
Units
TM 2018-2 Klauer Subdivision R1
1 - 8
du/acre 2.18 3-17 1.74 2-14 14
TM 2017-3 Mirabella II R3-M/PZ
8 - 12
du/acre 25.72 206-308 14.12 113-170 170
TM 2016-2 Cerro Verde R1-L/PZ
1 - 8
du/acre 4.34 5-34 2.953 3-24 19
MS 2019-3 Faria R1-L/PZ
1 - 8
du/acre 1.23 2-9 0.99 1-8 4
TM 2016-1 Roberts Ranch R1-L/PZ
1 - 8
du/acre 54.90 55-439 35.63 36-285 241
TM 2015-9 Farmstead R1-L/PZ
1 - 8
du/acre 1.95 2-15 0.96 1-8 13
TM 2021-1
1620 Buena Vista
Rd R3-M/PZ
8 - 12
du/acre 11.11 89-133 5.27 43-63 130
TM 2021-2 Avalon Village R3-M/PZ
8 - 12
du/acre 23.48 188-281 12.243 98-147 144

As shown above, both net and gross allow for a wide range of units to be constructed within each development. By using gross density, however, a higher unit count would be allowed in each development. The City has been trying to move away from low density development and has been encouraging higher density construction. In order to encourage the construction of developments at a higher density, the City established the Residential Performance Overlay Zoning District (Section 17.14.010) which allows for a smaller minimum lot size. Developers can also apply for a Planned Development (Section 17.24.240) which allows a developer flexibility in density, design, and site planning. By reviewing projects with respect to gross density, the City will further encourage developers to build a higher density on a residential site.

Hollister 2040 General Plan Update

The City and the General Plan Advisory Committee for the Hollister 2040 General Plan update recognized the issues of the current General Plan with respect to gross and net density. The Committee determined that the new General Plan would regulate development based on gross density for ease of use by the City and property owners as well as to increase density in the City.

The current draft of the General Plan lists the allowable density for residential uses as a range of gross density. Once this version is adopted, the City will need to make modifications to the Zoning Ordinance so that the Zoning Ordinance is consistent with the General Plan. These modifications will include removing net density and replacing with gross density.

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ANALYSIS:

The City has inconsistently applied the use of gross and net density when reviewing development projects. While the General Plan includes net density, gross was used when calculating the number of dwelling units that could be constructed based on available acreage in each Land Use Category. As discussed previously, this is because Staff cannot determine the net density of a project without having detailed plans. Initial planning of a project would require both the City and a property owner or applicant to determine the density range based on gross density.

The City’s definition of net density in the Subdivision Ordinance does not include private roads in the calculation of net. There is little difference in the overall feeling of the density of a project site based on public or private roads.

Additionally, the definition does not exclude other required elements such as required parks or open space, community facilities, stormwater ponds, and any buffers which also affects how the density of a residential development is viewed by inhabitants.

Take for example the following scenario in the Low Density Land Use Designation (1 to 8 dwelling units per acre):

Project A = 10 acre site:
• 1 acre park
• .25 acres for landscape buffer
• 2 acres public roadway
• .25 acres stormwater pond

If this development was reviewed by the City with respect to the current definition of net in the Subdivision Ordinance, the site would allow 8 to 64 units per acre (for the purposes of net, only the roadway is removed from the total acre acres, leaving 8 acres). The site were to be evaluated using gross density, the project site would allow a total of 10 to 80 units per acre. By reviewing the project based on gross density, this would allow for the inclusion of a variety of housing types and sizes and would meet the City’s goal of increasing density within the City and providing for a variety of affordable housing types.

As shown in Table 2, by utilizing gross, rather than net density, the City will allow for a higher density to be constructed in each development. The use of gross also requires a minimum dwelling unit number which is higher than what can be constructed under net which further encourages a higher density of a site.

A change in how the City evaluates the density of a project must be made in order to allow development projects currently under Staff review go to the Planning Commission for review.

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in the consistent review of residential developments with respect to density.

RECCOMENDATION:

In order to move forward and allow residential development to occur in the City prior to the adoption of the Hollister 2040 General Plan, Staff recommends that the City modify the existing General Plan as well as the Zoning Ordinance to require all residential projects to be reviewed based on gross density. This allows the City to begin uniformly reviewing the density of residential developments moving forward.

Staff recommends the following modifications be made to the current General Plan (Hollister 2005-2023 General Plan):

• Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories • Modify the land use designations on page 2.8 to remove the word net from the High Density Residential and Mixed Use Commercial and Residential categories.

Staff recommends the following modifications be made to the Zoning Ordinance to clarify how the City will review a project with regards to density:

• Delete the existing definition of density in Chapter 17.02.020 and include a new definition which reads “Density, gross means the number of primary residential dwellings per acre of land within a project site.”
• Under Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections

17.04.010 A – H
• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net
• Section 17.04.050.A.2 – remove the word net
• Section 17.04.010.A – remove the word net from the Residential Performance Overlay Zoning Districts

Staff recommends that the definitions in Chapter 16, Subdivisions, remain to be consistent with subdivisions approved in the past.

The proposed modifications to the existing City of Hollister 2005-2023 General Plan and the Zoning Ordinance are consistent with the way the City will review and determine density once the updated 2040 General Plan is adopted. By reviewing density on a gross, not net, basis the City will utilize a calculation that is easier for the City as well as Applicants and property owners and will allow for residential developments to be constructed at the highest density.

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density moving forward. Additionally, all projects approved by the City should meet the all requirements of the Zoning District and General Plan Land Use Designation in which it is located.

The Planning Commission may direct Staff to establish a Planning Commission Policy which further iterates these requirements and can be used to direct Applicants on the method the City will use to evaluate their project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed modifications discussed above are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. This is the total number and will not change with the proposed modifications. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is referenced in the Final EIR.

Because the impacts of development related to the General Plan was evaluated based on a typical density, a change from net to gross would not result in the construction or more or fewer dwelling units than what was anticipated. Furthermore, maximum density was calculated on a gross basis (Table B-2 of the Hollister 2005-2023 General Plan). Both numbers are reference in the Final EIR.

Therefore, the proposed modifications to the General Plan is consistent with the Final EIR adopted for the 2005-2023 General Plan because the modification would not result in the construction of additional units beyond what was previously studied, which was an assumed density for each land use designation. No further CEQA review is required based on the proposed modifications listed under Recommendations.

CONCLUSION:

A consistent method of determining the density of a residential development should be utilized by the City. Gross density allows the City to determine the overall development potential of a site without detailed plans being drawn up. Further, established standards related to minimum lot size, setbacks, and lot coverage provide additional requirements related to the overall density of a project and each lot within a development.

The proposed modifications to evaluate the gross, not net, density of a residential development allows the City to determine the overall development potential of a site without detailed plans being drawn up. Net density requires the submittal of detailed plans so that public roads can be E.1.a
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eliminated from the overall site area and determines the density of the remaining land. Minimum lot size, setbacks, and lot coverage further regulate the density of a development and each parcel within a residential development.

In order to be consistent with the Draft Hollister 2040 General Plan which will review density based on gross, not net, density Staff is has recommended modifications to the existing General Plan and the Zoning Ordinance to remove net density and replace with gross density to allow Staff to consistently review proposed residential developments.

The proposed modifications are consistent with the Final Environmental Impact Report adopted for the City of Hollister 2005-2023 General Plan and further CEQA review is not required.

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SUBJECT: Zoning Ordinance Amendment 2022-1 and General Plan Amendment 2022-1 to modify the residential land use
designations in the current Hollister 2005-2023 General Plan to modify how density is calculated, from net density to gross density, and amend the Hollister Zoning Ordinance to modify the existing definition of density and replace the use of net density with gross density throughout the Zoning Ordinance.

STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner

ATTACHMENTS: 1. Resolution recommending City Council approval of a General Plan Amendment related to density.

2. Resolution recommending the City Council adopt an
Ordinance to amend Section 17.02.020 and Chapter 17.04 of the Hollister Zoning Ordinance.

3. August 5, 2022 Planning Commission Study Session Staff Report (without attachments)

RECCOMENDATION: Approve both Resolutions

BACKGROUND:

On August 5, 2022, the Planning Commission discussed the topic of density and how the City should calculate density during a Planning Commission Study Session (see Staff report, without attachments, included as Attachment 3). During the Study Session, the Planning Commission determined that density should be reviewed on a gross, not net, basis and directed Staff to bring amendments to the General Plan and Zoning Ordinance to the Planning Commission for recommendation to the City Council.

ANALYSIS:

The Planning Commission has directed Staff to make any necessary modifications to require the City to review the density of residential developments on a gross, not net, basis. Gross density is

Planning Commission
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August 25, 2022
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typically defined as the total number of residential dwellings within the total area of a residential development. Gross density allows the City, Property Owners, and Applicants to easily determine how many dwelling units will be allowed on a property prior to preparing detailed plans.

The change from net to gross density will require an amendment to the existing General Plan and the Zoning Ordinance.

General Plan Amendment:

The Land Use and Community Design Element of the Hollister 2005-2023 General Plan states that the density of residential developments is to be calculated under a net basis in each of the residential land use categories on pages 2.7-2.8. In order to change this from net density to gross density, the following modifications are proposed:

• Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

• Modify the land use designations on page 2.8 to remove the word net from the High Density Residential and Mixed Use Commercial and Residential categories.

Zoning Ordinance Amendment:

Several changes are required to the Zoning Ordinance in order to change how the City reviews density. The following modifications are proposed to be made to the Zoning Ordinance related to density:

• Under Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections

17.04.010 (A) – (H)

• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net

• Section 17.04.050(A)(2) – remove the word net

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• Section 17.04.010(A) – remove the word net from the Residential Performance Overlay Zoning Districts

Based on comments received during the public comment portion of the Study Session, the following clarifying note is recommended to Table 17.04-2 to ensure that the density outlined in the General Plan takes precedence over the lot size established in the Zoning Ordinance.

• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – add note 12 to Minimum Lot Size to read “Where the minimum lot size conflicts with the density established under the General Plan, the density in the General Plan shall take precedence.”

While preparing the draft Zoning Ordinance amendments, Staff observed an error in the maximum density listed in the Zoning Ordinance for the R3 (Medium Density Residential) District.

The Zoning Ordinance states that the density range permitted for this designation is from 8 to 16 dwelling units per acre which conflicts with the General Plan which permits 8 to 12 dwelling units per acre. This is an error and should be fixed as follows:

• Section 17.04.010(D) – modify the R3 (Medium Density Residential) District to read “from eight to 12 dwelling units per acre.”

Staff recommends the housing type of “Small Lot” be removed from Table 17.04-1. This definition is not defined in the Zoning Ordinance and the type should be removed for clarity. Additionally, Staff recommends that duplexes be added to the allowable residential dwelling types for R1 Districts, consistent with SB 9 (as previously discussed with the Planning Commission during the August 25, 2022 Study Session). The following modifications to Table 17.04-1 are proposed:

• Remove the “Small Lot Housing” land use type from Table 17.04-1

• Change Duplexes from Not Permitted to allowed with a Site and Architecture Review

General Plan Update:

The City and the General Plan Advisory Committee for the Hollister 2040 General Plan Update recognized the issues of the current General Plan with respect to gross and net density. The Committee determined that the new General Plan would regulate development based on gross density for ease of use by the City and property owners. The current draft of the General Plan lists the allowable density for residential uses as a range of gross density. The proposed amendment to the General Plan to review density on a gross, not net, basis is consistent with the way density will be reviewed under the future General Plan once adopted.

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California Environmental Quality Act:

The proposed modifications discussed above are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. This is the total number and will not change with the proposed modifications. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is reference in the Final EIR.

The modifications to the Zoning Ordinance are consistent with the modifications to the General Plan and the way density in the City was reviewed under the EIR for the General Plan. Therefore, the proposed modifications to the General Plan and Zoning Ordinance are consistent with the Final EIR adopted for the 2005-2023 General Plan because the modification would not result in the construction of additional units beyond what was previously studied, which was an assumed density for each land use designation. No further CEQA review is required based on the proposed modifications listed under Recommendations. Future projects constructed in the City will be required to comply with the requirements of CEQA as it relates to their individual projects.

CONCLUSION:

The proposed modifications to the General Plan and Zoning Ordinance will clarify how the City reviews density and will require residential density to be reviewed on a gross basis. The proposed modifications to evaluate the gross, not net, density of a residential development allows the City to determine the overall development potential of a site without detailed plans being drawn up.

The proposed modifications are consistent with the Final Environmental Impact Report adopted for the City of Hollister 2005-2023 General Plan and further CEQA review is not required.

PLANNING COMMISSION OPTIONS:

The Planning Commission can choose one of the following options:

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1. Adopt Resolutions recommending the City Council adopt an Ordinance amendment the General Plan and Zoning Ordinance;

2. Direct Staff to modify the Resolutions to remove or add additional modifications;

3. Deny the Resolutions recommending the City Council adopt an Ordinance amendment the General Plan and Zoning Ordinance; or

4. Continue the hearing and direct Staff to provide additional information or clarification.

Staff recommends the Planning Commission select Option 1 for this Item.

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PLANNING COMMISSION RESOLUTION NO. 2022-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING CITY

COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT RELATED TO RESIDENTIAL DENSITY (GPA 2022-1)

WHEREAS, the City occasionally initiates amendment to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance is simple to understand and to implement relevant to changes occurring in the community; and

WHEREAS, on August 4, 2022, the Planning Commission of the City of Hollister reviewed density and modifications to the General Plan during a noticed Study Session; and

WHEREAS, during the Study Session the Planning Commission of the City of Hollister directed Staff to prepare amendments to the General Plan to modify how the City calculates residential density from net to gross density; and

WHEREAS, under the provisions of Section 17.24.290(A) of the Zoning Ordinance, the Planning Commission may propose a General Plan Amendment and make a recommendation to the City Council; and

WHEREAS, the Planning Commission held a duly noticed public hearing on August 25, 2022, during which all interested persons were heard; and

WHEREAS, a Staff report was submitted to the Planning Commission of the City of Hollister recommending a General Plan Amendment; and

WHEREAS, the following amendments to the 2005-2023 Hollister General Plan, related to density, are proposed:

• Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

• Modify the land use designations on page 2.8 to remove the work net from the High Density Residential and Mixed Use Commercial and Residential categories.

WHEREAS, the proposed amendments are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan. This number was calculated by multiplying a E.1.c
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“typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is referenced in the Final EIR. A change from net to gross density will not affect the total number of residential dwellings anticipated in the EIR because that number was calculated on a gross basis for the anticipated density. Additionally, the proposed modification to Section 17.04.010.D is consistent with the EIR because the modification is consistent with the density allowed under the General Plan; and

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the General Plan Amendment to require the City and Applicants/Developers to calculate density on a gross, not net basis as outlined in this Resolution.

PASSED AND ADOPTED, at a regular meeting of the Planning Commission of the City of Hollister on this 25th day of August 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Chairperson of the Planning Commission
of the City of Hollister

ATTEST:

Adrianna Ortiz, Secretary
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PLANNING COMMISSION RESOLUTION NO. 2022-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENTS TO SECTION 17.02.020, DEFINITIONS, AND CHAPTER 17.04 RELATED TO RESIDENTIAL DENSITY (ZOA 2022-1)

WHEREAS, on August 4, 2022, the Planning Commission of the City of Hollister reviewed density and modifications to the Zoning Ordinance during a noticed Study Session; and

WHEREAS, during the Study Session the Planning Commission of the City of Hollister directed Staff to prepare amendments to the Zoning Ordinance to modify how the City calculates residential density from net to gross density; and

WHEREAS, the Planning Commission held a duly noticed public hearing on August 25, 2022, during which all interested persons were heard; and

WHEREAS, a Staff report was submitted to the Planning Commission of the City of Hollister recommending approval of the proposed Zoning Ordinance Amendments; and

WHEREAS, in order to ensure that residential density is consistently reviewed as gross density, the following amendments to the Zoning Ordinance are proposed:

• Under Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections 17.04.010 (A) – (H)

• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net

• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the E.1.d
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column titled “Lot Area per Dwelling Unit (Minimum)” from the table

• Section 17.04.050(A)(2) – remove the word net

• Section 17.04.010(A) – remove the word net from the Residential Performance Overlay Zoning Districts

WHEREAS, in order to ensure consistency between the Zoning Ordinance and the Land Use Categories in Chapter 2, Land Use and Community Design Element, of the 2005-2023 Hollister General Plan the following amendment to the Zoning Ordinance is proposed:

• Section 17.04.010(D) – modify the R3 (Medium Density Residential) District to read “from eight to 12 dwelling units per acre”

WHEREAS, in order to provide clarity and allow more types of housing in the R1 (Low Density Residential) District, the following amendments are proposed:

• Remove the “Small Lot Housing” land use type from Table 17.04-1

• Change Duplexes from Not Permitted to allowed with a Site and Architecture Review

WHEREAS, the proposed amendments to the Zoning Ordinance will be consistent with the 2005- 2023 Hollister General Plan as amended; and

WHEREAS, the proposed Zoning Ordinance amendments are consistent with the anticipated future growth of the City in the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005- 2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is referenced in the Final EIR. A change from net to gross density will not affect the total number of residential dwellings anticipated in the EIR because that number was calculated on a gross basis for the anticipated density. Additionally, the proposed modification to Section 17.04.010.D is consistent with the EIR because the modification is consistent with the density allowed under the General Plan; and

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the modifications to the Zoning Ordinance to require E.1.d
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the City and Applicants/Developers to calculate density on a gross, not net, basis as outlined in this Resolution.

PASSED AND ADOPTED, at a regular meeting of the Planning Commission of the City of Hollister on this 25th day of August 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Chairperson of the Planning Commission
of the City of Hollister

ATTEST:

Adrianna Ortiz, Secretary
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Attachment 5
Red-lined Sections of the General Plan
(Deleted text shown in red with strikethrough, new text shown in bold red font)

LAND USE DESIGNATIONS

Residential Estate (1 unit/5 net acres)
The Rural category of residential land uses is
intended for single-family, residential units on large
lots. The Residential Estate category only occurs in
long-range phased areas outside of Hollister's city
limits and Sphere of Influence (but is within the
Planning Area). Residential Estate land uses are
intended to provide sites for larger, distinctive
residences in areas that the City does not provide
public infrastructure.

Low Density Residential (1 to 8 units/ net acre)
The Low Density category of residential land uses is
intended to pro- mote and protect single-family
neighborhoods. Low Density Residential land uses
are intended to provide sites for single-family
detached units, zero lot-line single-family units, and
Planned Unit Development (PUD) units.

Medium Density Residential (8 to 12 units/
net acre) The Medium Density category of
residential land use accommodates more intensive
forms of residential development. This category is
intended to provide greater housing choices in the
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City for different family sizes and incomes (examples
include duplexes and triplexes). Existing Medium
Density Residential uses are located close to the
community and retail services downtown, and future
Medium Density uses are intended to be located near
other services, such as neighbor- hood shopping
centers, parks and open spaces areas, and near
minor and major collector streets where sufficient
access can be provided.

High Density Residential (12 to 35 units/ net acre)
The High Density residential land use category is
intended to provide opportunities for multiple-family
residential development in a well- designed
environment. The range of unit types is intended to
be located in areas where higher traffic volumes and
buildings can be accommodated. These
developments should be located outside of single-
family residential communities, where services and
transportation systems are adequate to serve
increased densities. High Density Residential land
uses are intended to provide sites for multi-family
apartments, condos, row houses, apartments, court
homes, and cluster housing.

Mixed Use Commercial and Residential (25 to 40
units/ net acre)
The Mixed-Use Commercial and Residential
designation is intended to promote a vertical or
horizontal combination of residential and
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commercial uses within a single building or site. The
designation is intended to encourage retail sales,
service, office, and public uses on the ground floor
with upper floors of office and residential uses. The
Mixed-Use Commercial and Residential category
applies to commercial activity that includes
government and professional offices, neighbor-
hood-oriented retail, community shopping centers,
specialty stores, arts and crafts, woodworking, and
assembly processes.

Downtown Commercial and Mixed-Use
The Downtown Commercial and Mixed-Use
designation is intended primarily for all types of
commercial uses and secondarily for residential uses
or a combination of the two. Special attention
should be given to pedestrian circulation within the
area to provide access to adjacent facilities and
uses. The designation is intended to encourage
ground floor, pedestrian friendly, retail sales and
service uses with upper floors of office and
residential uses. The Downtown Commercial
category applies to commercial activity including
neighborhood convenience stores, restaurants,
regionally-oriented specialty stores, medical and
dental offices, and residential units. To promote
pedes- trian activity, neither commercial uses that
require drive-through windows nor open-air car,
truck and boat lots, automotive repair and body
shops are appropriate Downtown. Smaller vehicle
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sales are per- mitted within enclosed buildings.

Home Office
The Home Office designation is intended to allow for
residential and office uses, including administrative
and professional offices, in the same area. The
Home Office designation also allows for limited,
small-scale specialty manufacturing uses, such as
arts and crafts, wood-
working, assembly processes, and beauty salons.

Non-residential buildings that share street frontage
with residentially developed properties should
maintain a residential character. The designation
does not require office development; rather, it
creates the option for offices in what is otherwise a
medium-density residential district.

West Gateway Mixed-Use
The West Gateway Mixed-Use designation is
intended to foster an attractive entry to the City of
Hollister by featuring community shop- ping, retail
and offices with residential uses. The design
guidelines described in the "Special Planning Areas"
section of this element stipulates additional criteria
that development within the West Gateway must
meet.

North Gateway Commercial
The North Gateway Commercial designation is
intended to foster an attractive entry to the City of
Hollister by featuring commercial and service-
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oriented businesses along with high-employment
uses such as office parks. The design guidelines
described in the "Special Planning Areas" section of
this element stipulates additional criteria that
development within the North Gateway must meet.

General Commercial
The General Commercial designation allows for a
variety of commercial uses and service-oriented
businesses at scales ranging from large retail stores
serving the community and region to smaller
businesses oriented towards neighborhood activity.

Uses are encouraged to develop in clusters, serving
areas with access to major arterials. Independent
small businesses such as hair salons, small offices,
and restaurants are also permitted. Other examples
of uses are department stores, supermarkets,
hardware stores and convenience stores.

Industrial
This designation provides for a range of uses, from
business and research parks, large individual
corporate establishments, professional and
administrative offices and industrial complexes.

Examples of allowed uses in this category are
computer software companies, research
laboratories, copying services, printing companies,
warehousing, offices, equipment manufacturing and
repair and trucking operations. Other permitted uses
include limited commercial uses that serve industrial
and employment centers.

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Industrial areas that fall in the North Gateway
Overlay district will also allow limited commercial
uses with frontage along Highway 25 to serve passing
motorists. The design guidelines described in the
"Special Planning Areas" section of this element
stipulates additional criteria that development within
the North Gateway must meet.

Airport
The Airport designation is applied to publicly owned
lands of the Hollister Municipal Airport. Uses include
airport operations and support facilities as well as
limited commercial and industrial uses incidental to
and in support of the airport.

Airport Support
This designation allows industrial or commercial
development on those areas that are adjacent to and
have direct access to the Hollister Municipal Airport.

Development may include industrial, commercial or
recreational uses that provide support to the airport
and are compatible with both airport operations and
adjacent uses.

Public
This designation is applied to publicly and privately
owned lands used for activities such as utilities,
schools, and other City of Hollister, county, state or
federal facilities.

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General Plan Amendments

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Transit Hub
This designation includes stations and other uses
associated with a regional transit corridor or a park-
and-ride facility. While neither Transit Hub
designated on the Land Use Plan is currently
developed, they correspond with future planned
development along the Southern Pacific railroad line.

Open Space
This designation is applied to public and privately
owned lands used for low-intensity, open space
activities such as hiking, walking or pic- nicking. The designation also highlights environmentally sensitive
areas such as rivers and creeks, habitats, City parks
and recreation facilities.

Agriculture
The Agriculture designation encompasses lands with
continuing commercial agriculture potential. The
intent of this category is to retain primary
agricultural use to the greatest extent practical.

These areas should be kept free of any urban-type
development and annexations. Allowed uses include
orchards, row crops, nurseries, grazing lands, open
space, farm services and parks.

Specific Plan / Area Plan Overlay
The Specific Plan / Area Plan Overlay designation is
intended to identify areas that require special
planning attention to promote a mix of land uses that
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General Plan Amendments

Page 8 of 8 ends

remain flexible enough to adjust to changing market
demands or the approved West of Fairview Specific
Plan and North- east Hollister Area Plan. Specific
Plans should facilitate high-quality development
while allowing for multiple property owners to
coordinate development efforts, share the cost of
infrastructure improvements and provide special
amenities.

Land uses with Specific Plan / Area Plan overlay
areas may deviate from the underlying land use
designations and intensities if recommended by the
Specific Plan, however a General Plan amendment
would be required as part of the Specific Plan
approval process.

To promote timely development on sites in Specific
Plan and Area Plan areas, development must
commence within five years of Specific Plan approval
or in the case of existing Area Plans by 2010. If
development does not begin in this time period,
designations within the Specific Plan or Area Plan
area will revert to standard General Plan designations
unless an extension of this time period is authorized
by City Council.

The preparation of a Specific Plan or an
infrastructure capacity plan shall be required prior
to annexation properties outside of the 2005
Sphere of Influence.

F
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: August 31, 2022 AGENDA ITEM: Public Hearings DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE ZONING ORDINANCE TO CHANGE HOW THE CITY

CALCULATES THE DENSITY OF A RESIDENTIAL DEVELOPMENT FROM NET

DENSITY TO GROSS DENSITY AND RELATED MODIFICATIONS

DESCRIPTION: The City Council will consider amending the 2005 -2023 Hollister General Plan and the Zoning Ordinance of the Municipal Code related to how the City calculates the density of a residential development and to make minor amendment s to the Zoning Ordinance for clarity and consistency with the General Plan.

DEPARTMENT SUMMARY: During a Public Hearing on June 23, 2022, the Planning Commission directed Staff to bring a discussion of ho w the City evaluates the density of a project to a future meeting. On August 4, 2022, the Planning Division brought the matter to the Planning Commission for review and discussion during a Planning Commission Study Session (Staff Report included as Attachment 1). During the Study Session, the Planning Commission determined that density should be reviewed on a gross, not net, basis and directed Staff to bring amendments to the General Plan and Zoning Ordinance to the Planning Commission for recommendation to the City Council.

Gross density allows the City, Property Owners, and Applicants to easily determine how many dwelling units will be allowed on a property prior to preparing detailed plans.

Additionally, the City has been encouraging projects which are o n the higher side of the density range to encourage a wide variety of housing types. By requiring developers to calculate density on a gross basis, the City will allow for more dwelling units than would be permitted under net density.

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On August 25, 2022, the Planning Commission reviewed Staff’s proposed amendments to the General Plan and the Zoning Ordinance to allow the City to review th e density of a residential project on a gross, not net basis during a Public Hearing (Staff Report included as Attachment 2). Following discussion of the item, the Planning Commission adopted Resolution 2022-10 (Attachment 3) recommending City Council approval of a General Plan Amendment and Planning Commission Resolution 2022 -11 (Attachment 4) recommending City Council approval of a Zoning Ordinance Amendment.

General Plan Amendment:

 Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

 Modify the land use designations on page 2.8 to remove the word net from the High Density Residential and Mixed Use Commercial and Residential categories.

Zoning Ordinance Amendment:

 Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections 17.04.010 Subsections (A) – (H), Purpose

 Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net

 Section 17.04.050(A)(2), Old Town Zoning Districts, – remove the word net

 Section 17 .14.010(A) – remove the word net from the Residential Performance Overlay Zoning Districts

The following clarifying note is recommended to Table 17.04 -2 to ensure that the density outlined in the General Plan takes precedence over the lot size established in the Zoning Ordinance.

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 Section 17.04.010(D) – modify the R3 (Medium Density Residential) District to read “from eight to 12 dwelling units per acre.”

 Remove the “Small Lot Housing” land use type from Table 17.04 -1

 Change Duplexes from Not Permitted to allowed with a Site and Architecture Review

FINANCIAL IMPACT: $0.

This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23:

Therefore, the proposed modifications to the General Plan are consistent with the Final EIR adopted for the 2005-2023 General Plan because the modification would not result in the construction of additional units b eyond what was previously studied, which was an assumed density for each land use designation. No further CEQA review is required based on the proposed modifications listed under Recommendations.

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ATTACHMENTS:

1. 1. August 4, 2022 Planning Commission Study Session Staff Report

2. 2. August 25, 2022 Planning Commission Staff Report

3. 3. Planning Commision Resolution 2022-10_General Plan Amendment

4. 4. Planning Commission Resolution 2022-11_Zoning Ordinance Amendment

5. 5. Red-Lined Zoning Ordinance

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1220

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE ZONING

ORDINANCE TO CHANGE HOW THE CITY CALCULATES THE DENSITY OF A

RESIDENTIAL DEVELOPMENT FROM NET DENSITY TO GROSS DENSITY AND

RELATED MODIFICATIONS

WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify or amend certain provisions to ensure that the Zoning Ordinance is relevant to changes occurring in the community, is internally consistent, to correct any errors, for clarity and to reflect the needs of the City; and

WHEREAS, the Planning Commission held a duly noticed Planning Commission Study Session on August 4, 2022 to determine how the City should review the density of a residential project during which all interested persons were heard; and

WHEREAS, at the Study Session, the Planning Commission determined that the City should review the density of a residential development on a gross, not net basi s and directed Staff to prepare any necessary modifications to the General Plan and Zoning Ordinance to ensure that each would require density to be evaluated on a gross basis and would be consistent with one another; and

WHEREAS, while reviewing potential changes to the Zoning Ordinance, Staff observed several minor modifications that should be made at this time for clarity and to correct errors in the Zoning Ordinance; and

WHEREAS, on August 25,2022 the Planning Commission held a duly noticed public hearing on the proposed amendments to the Zoning Ordinance during which all interested persons were heard and adopted Planning Commission Resolution No. 2022 - 11 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and

WHEREAS, a Staff Report was submitted to the City Council of the City of Hollister recommending approval of the proposed Zoning Ordinance Amendments; and

WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments and related General Plan Amendment on September 6, 2022, at which time all interested parties had the opportunity to be heard; and

WHEREAS, proper notice of said heading was given as required by law, and

WHEREAS, the City Council did hear and consider all said reports, recomm endations and testimony herein and used its independent judgement to evaluate the proposed amendments; and

WHEREAS, the City Council of the City of Hollister hereby makes the following findings related to the Zoning Ordinance Amendments as required by Sec tion 17.02.120.D of the Municipal Code:

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1. The proposed amendment is consistent with the General Plan because: the proposed Zoning Ordinance Amendments will be consistent with the amended 2005-2023 Hollister General Plan which will be amended to change how the City reviews density from net to gross density. All other proposed minor modifications are consistent with the Goals and Policies of the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed Zoning Ordinance Amendments and related General Plan amendments will ensure that the City and Developers review the development potential of a residential development on a consistent basis. Additionally, by allowing the dev elopment potential of a site to be reviewed on a gross basis, consistent with the adopted Final Environmental Impact Report, the City will encourage a higher density in the City which will allow more residential dwellings to be constructed to meet the need of the residents.

3. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations in the General Plan and any adopted area or specific plan because: the proposed Zoning Ordinance Amendments will ensure that the City reviews the density of a residential development on a consistent basis. The proposed Amendments will allow the City, Property Owners and Developers to easily determine the development potential of a parcel or development. As amended the proposed modifications to the Zoning Ordinance will be consistent with the amended 2005-2023 Hollister General Plan. Minor modifications included in the proposed amendments are consistent with the General Plan and are included for clarity and to correct errors and comply with current state law.

The proposed modifications are consistent with the Goals and Policies of the General Plan in that it will allow for more residential dwellings within the City and will correct errors and provide clarity to the Zoning Ordinance.

WHEREAS, the City Council of the City of Hollister hereby makes the following finding regarding the California Environmental Quality Act:

1. The California Environmental Quality Act (CEQA) together with State Guidelines, require that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed amendments are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005 -2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres (gross acres, not net) within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed E.2
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Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is referenced in the Final EIR. A change from net to gross density will not affect the total number of residential dwellings anticipated in the EIR because that number was calculated on a gross basis for the anticipated density. Additionally, the proposed modification to Section 17.04.010.D is consistent with the EIR because the modification is consistent with the density allowed under the General Plan.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:

SECTION 1. The Hollister Municipal Code is hereby amended as follows:

Section 17.02.020 amended. Section 17.02.020 “Definitions” is hereby amended as follows:

a. Delete the following text:

“Density means the number of dwellings per net acre of land, unless otherwise stated, for residential uses.”

b. Add the following text:

“Density, gross means the number of primary residential dwellings per acre of land within a project site.”

Section 17.04.010 amended. Section 17.04.010 “Purpose” is hereby amended to read as follows:

“17.04.010 Purpose.

This article provides regulations applicable to development and new land uses in the residential zoning districts established by Section 17.02.030 (Zoning Districts Established). The purposes of the individual residential zoning districts are as follows:

A. RE (Residential Estate) District. The Residential Estate (RE) Zoning District provides for residential development at densities up to one dwelling unit per five acres; it is intended to provide for very low intensity residential development. The RE District is intended to provide sites for larger, distinctive residences. The RE Zoning District is consistent with the Residential Estate (RE) land use category of the General Plan.

B. R1 (Low Density Residential) District. The Low Density Residential (R1) Zoning District includes areas substantially developed with existing single-family residential residences prior to 2005 with densities of four to six dwelling units per acres. The R1 Zoning District is consistent with the Low Density Residential (LDR) land use category of the General Plan which now allows one to eight units per acre.

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C. R2 (Two-Family Residential) District. The Two-Family Residential (R2) Zoning District provides for duplexes or two-family dwellings. Areas designated R2 were substantially developed prior to 2005 with two single-family residential units on a lot or duplexes. The R2 Zoning District is consistent with the Medium Density Residential (MDR) land use category of the General Plan.

D. R3 (Medium Density Residential) District. The Medium Density Residential (R3) Zoning District provides for medium and medium-to high-density residential development at densities from eight to 12 dwelling units per acre.

Areas designated R3 were substantially developed prior to 2005 and are generally characterized by apartments and other high-density residential development, and planned residential development at a density of 12 dwelling units per acre. The R3 Zoning District is consistent with the Medium Density Residential (MDR) and High Density Residential (HDR) land use categories of the General Plan.

E. R4 (High Density Residential) District. The High Density Residential (R4) Zoning District provides for high-density residential development at densities from 12 to 35 dwelling units per acre. Areas designated R4 were substantially developed prior to 2005 and are generally characterized by apartments and other high density residential development, and planned residential development at a density of 16 or more dwelling units per acre. The R4 Zoning District is consistent with the High Density Residential (HDR) land use category of the General Plan
.

F. R4-20 (High Density Multifamily Residential) District. The High Density Multifamily Residential R4-20 Zoning District provides for multifamily residential development at densities from 20 to 35 dwelling units per acre. Areas designated R4 -20 are intended to be developed solely for high density residential multifamily housing. The R4 Zoning District is consistent with the High Density Residential (HDR) land use category of the General Plan. The Planning Commission may waive the minimum density requirement for a development proposal with 100 percent multifamily affordable housing in the R4, R4-20, and OT-H Zoning Districts where it is demonstrated that the minimum density standard poses a constraint to the viability of the development. The manager's unit may be excluded from the affordability requirement. A conditional use permit shall be required for approval of the waiver.

G. Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ). This overlay district (see Chapter 17.14 Overlay Zoning District) applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the General Plan land use designation with the option for flexible standards to implement policies and programs in the General Plan that call for the following:

1. A variety of lot sizes and choices for housing types in all zoning districts;

2. New development with interesting street patterns, site planning and neighborhood design;

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3. Connections of the new development with the rest of the City for pedestrians and bicyclists;

4. Incorporation of on-site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and water courses in new development;

5. Clustered development that meets the average general plan density for the property while avoiding development in areas with environmental constraints such as flood, seismic, and liquefaction problems, or a special habitat area;

6. Lot design and building orientation to provide solar access;

7. Sensitive integration of the scale and mass of new development preserves the character and scale of existing residential neighborhoods.

Lands with the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the Low Density Residential (one to eight units per acre) land use category of the General Plan. An average development dens ity of one to eight units per acre is now required in this overlay zone with a targeted density of at least six units per acre. Please refer to Section 17.14.020 for Performance Overlay densities performance standards and development requirements.

H. OT (Old Town) District. The Old Town (OT) Zoning District applies to the residential neighborhoods that include the original town of Hollister, as laid out by the San Justo Homestead Association, its early subdivisions, and adjacent older residential areas. W ithin this district are numerous lots of unusual size and shape, many of which were originally designed to accommodate stables, barns and other outbuildings. In addition, many areas of this district are occupied by a varied mix of residential types and densities. The majority of the housing stock was constructed prior to World War II.

Some of the homes in this district are listed in the National Monterey Street Historic District. South of Fourth Street, the Old Town (OT-M) Zoning District is consistent with the Medium Density Residential land use category of the General Plan with residential development densities from eight to 12 dwelling units per acre. Areas within the OT -M district could have single-family homes, duplexes, fourplex, cottages and housing on small lots. This district also encompasses the General Plan Old Town Special Planning Area. North of Fourth Street, the Old Town (OT-H) district is consistent with the High Density Residential category of the General Plan with residential development den sities from 12 to 35 dwelling units per acre. The Old Town-H district provides for infill development of small lots, apartments and other high density residential development.

The additional purpose of the OT-M district is to provide for the infill of detached single- family dwellings on small lots and small scale medium-density dwellings where the minimum density is not less than eight units per acre and the maximum density is not more than 12 units per acre without density bonus. The additional purpose of the OT-H district is to provide for the infill of detached, attached, medium -density and multifamily dwellings where the minimum density is not less than 16 units per acre and the maximum density is not more 35 units per acre without density bonus.

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I. RWF (Residential, West Fairview Road) District. The RWF (West Fairview Road district) establishes zoning regulations for the area defined by the West Fairview Road Specific Plan. The West Fairview Road Specific Plan provides for comprehensive land use, circulation and infrastructure plans, development and design policies, housing strategies and implementation programs for guiding and ensuring the orderly development of the Plan area.”

Section 17.04.020 Table 17.04-1 amended. Table 17.04-1 “Residential Land Uses and Permit Requirements” found in Section 17.04.020 “Residential zone land uses and permit requirements” is hereby amended as follows:

a. Delete the following Row in its entirety:

Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)

OT-M OT-H RWF
Residential Uses
Small Lot Housing NP APR NP S&A S&A NP S&A S&A S&A P

b. Amend the following row related to duplexes as follows:

Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)

OT-M OT-H RWF
Residential Uses
Duplex NP S&A S&A S&A S&A NP S&A S&A(5) S&A(5) P(4)

Section 17.04.030 Table 17.04-2 amended. Table 17.04-2 “Residential Lot Size, Lot Area, and Density Requirements by District” found in Section 17.04.030 “Residential general development standards” is hereby amended to read as follows:

“Table 17.04-2 Residential Lot Size, Lot Area, and Density Requirements by District
Residential District

Minimum Lot Size (5)

Residential Density (1), (2), (7)

(RE) Residential
Estate
5 acres 1 housing unit per five acres
(R1) Low Density
Residential District
(2)
Interior: 5,500 sq. ft.

Corner: 6,500 sq. ft.
1 to 8 units per acre but min. of 4 units per
acre preferred
(R2) Two-Family
Residential District
(5)
8,000 sq. ft. per 2 units Min. of 8 units per acre with a max. of 12 units per acre
(R3) Medium
Density
Residential District
(5)
1 unit: 5,000 sq. ft.
2 units: 6,800 sq. ft.
3 units: 10,000 sq. ft.

Parcels of 10,000 sq. ft. or
more shall be developed at
a ratio of 3 dwelling units
Min. of 8 units per acre with a max. of 12
units per acre
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for the first 10,000 sq. ft.
and 3,600 sq. ft. for each
additional unit
(R4) High Density
Residential
District (5) (8)
1 unit: 4,000 sq. ft.
2 units: 6,000 sq. ft.
3 units: 8,000 sq. ft.

Parcels of 8,000 sq. ft. or
more shall be developed at
a ratio of 3 dwelling units
for the first 8,000 sq. ft. and
1,240 sq. ft. for each
additional unit
Min. of 12 units per acre with a max. of 35
units per acre
(R4-20) High
Density
Multifamily
Residential
District (5)
One acre Min. of 20 units per acre with a max. of 35
units per acre
(OT-M) Old Town—
Medium Density
Residential (6)
1 unit: 5,000 sq. ft.
2 units: 6,800 sq. ft.
3 units: 10,000 sq. ft.

Parcels of 10,000 sq. ft. or
more shall be developed at
a ratio of 3 dwelling units
for the first 10,000 sq. ft.
and 3,600 sq. ft. for each
additional unit
Min. of 8 units per acre with a max. of 12
units per acre
(OT-H) Old Town
High Density
Residential (6)
1 unit: 4,000 sq. ft.
2 units: 6,000 sq. ft.
3 units: 8,000 sq. ft.

17.04.070(C)(1)
See Section

17.04.070(C)(1)

Notes:
(1) Residential density does not include a density bonus.

(2) Lots in the Monica Estates subdivision Tract 180 shall be considered c onforming for minimum lot size.

(3) Minimum lot size may be reduced when the exclusive use of such lots is intended for utility substations, pumping stations, and other similar facilities.

(4) Minimum area for lots proposed in new subdivisions, and the minimum area required for an existing lot of record to be eligible for development may be altered E.2
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with performance agreement provided the average development density before a density bonus complies the applicable General Plan land use designation.

(5) Partially developed parcels with potential for infill development may be subdivided without a growth management allocation if the Planning Commission can make the following findings: (a) the minimum lot size of an existing residential use shall be at least 5,000 square feet and the setback requirements for the R1 district can be met; (b) the orientation of the single-family home will help support the existing residential character and scale of the area; (c) there is adequate access to the new lot; (d) the standards for the applicable zoning district can be met with the proposed lot design and location of the infill parcel.

(6) An exception to the minimum lot size in the Old Town District may be allowed if the Planning Commission can make the following findings: (a) the subdivision includes at least one or two existing residences that have been included on a list of historic structures approved by the Hollister City Council or include defining characteristics to qualify for a list; (b) the location of the existing residences will comply with side yard setback requirements after the subdivision; (c) A deed restriction is recorded on the property that prohibits the demolition of the historic structure for at least ten years.

(7) The Planning Commission may waive the minimum density requirement for a development proposal with 100 percent multifamily affordable housing in the R4, R4-20, and OT-H Zoning Districts where it is demonstrated that the minimum density standard poses a constraint to the viability of the development. The manager's unit may be excluded from the affordability requirement. A conditiona l use permit shall be required for approval of the waiver.

(8) An existing single-family home that is the only dwelling on a parcel that was lawfully constructed and involuntarily damaged or destroyed by fire or other calamity may be rebuilt.

(9) For lot sizes under one-half acre, that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the number of dwelling units in a multiple dwelling or dwelling group do not exceed the number obtained by dividing the area of the building site by 2,000, adjusting any fractional result where the fraction is equal to or less than one-half to the next lower whole number, may be rebuilt if involuntarily damaged or partially damaged by a fire or other calamity.

(10) For lot sizes over one-half acre, that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the number of dwelling units in a multiple dwelling or dwelling group do not exceed the range expressed by the total acreage multiplied by 16, adjusting any fractional result where the fraction is equal to or less than one-half to the next lower whole number, may be rebuilt if involuntarily damaged or partially damaged by a fire or other calamity.

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(11) For lot sizes under the minimum lot size, but not under the "Lot area per dwelling unit (minimum)" that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the existing single-family home that is the only dwelling on the parcel is damaged or destroyed by any means, it may be restored and used in conformity with the provisions of the district in which it is located.

(12) Where the minimum lot size conflicts with the density established under the General Plan, the density of the General Plan shall take precedence.”

Section 17.040.050 amended. Section 17.04.050 “Old Town Zoning District supplemental design standards” Subsection (A)(2) is hereby amended to read as follows:
“A. 2. Medium Density Dwellings. Medium density residential infill projects shall be designed to integrate with adjoining properties and the neighborhood.

Multifamily residential buildings shall incorporate the characteristics of the early architectural styles of the Old Town area. In the Old Town M District (eight to 12 units per acre), permitted building types include single-family dwellings, cottage homes, small lot developments and duplexes. Additional building types allowed in the Old Town H district (12 to 35 units per acre) also include multiple dwellings. Townhouse, row house and condominium projects have the potential to conflict with the historic character of the district and are discouraged but may be allowed with approval by the Planning Commission of a Site and Architectural Review if the site organization, architecture and massing of buildings is harmonious with the defining characteristics of the Old Town District and standards and guidelines in this section.

a. Design Standards.

i. Front façades shall be similar in scale to single-family residential structures; ii. Individual units shall be distinguishable from others in the development; iii. Front entrances to units shall be distinguished and include porches or stoops; iv. Street-facing façades shall relate to the streetscape by including front entrances, windows and elements that mitigate the mass of a structure. Large walls with no opening or articulation shall not be allowed;
v. Parking areas and structures shall not be located at the street side of site; vi. Large (in excess of 25 feet) unbroken wall planes shall not be permitted; vii. Roofs shall incorporate a variety of forms that relate to the building's footprint and entrance locations;
viii. A variety of materials shall be employed to differentiate units and mitigate massing or unbroken wall segments;
ix. Utility meters, trash enclosures, and storage areas shall be located at the rear of a building or screened from view;
x. Detached units are encouraged to mitigate the massing of a project; xi. Courtyard access to allow connections to the street, other units, parking and service areas are encouraged.

b. Key design elements that will be considered when reviewing a residential infill development project will include:

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i. Does the architecture of the proposal relate to the architectural style of structures on adjoining properties and other structures in the block it is located? ii. Have neighboring structures been sited in a pattern or rhythm and does the proposal follow or compliment that pattern?
iii. Is the height of the proposed structure in keeping with established building heights in the area?
iv. Is the project a significant change for the neighborhood? Will the change set an example for future projects to follow?

Section 17.14.010 amended. Section 17.14.040 “Residential Performance Overlay District” Subsection (A) is hereby amended to read as follows:

“A. Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ):

This overlay district applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the General Plan land use designation with the option for flexible standards to implement policies and programs in the General Plan that call for the following:

1. A variety of lot sizes and choices for housing types in all residential zoning districts;

2. New development with interesting street patterns, site planning and neighborhood design;

3. Connections among new neighborhoods with the rest of the City for pedestrians and bicyclists;

4. Incorporation of on-site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and wa ter courses in new development;

5. Clustered development that meets the average General Plan density for the property while avoiding development in areas with environmental constraints (e.g., flood, seismic, liquefaction, and habitat);

6. Lot design and building orientation to provide solar access;

7. Ensure that the scale and mass of new development preserves the character and scale of existing residential neighborhoods.

Lands within the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the low density residential (one to eight units per acre) land use category of the General Plan. An average development density of one to eight units per acre is required in this overlay zone with a targeted minimum density of at least six units per acre.

Areas with the R3 M/PZ overlay zone comprise vacant land within the city of Hollister in the medium density residential (eight to 12 units per acre) land use category of the E.2
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General Plan. An average development density of eight to 12 units per acre is required in this overlay zone.

Areas included in the R4-H/PZ overlay zone encompass vacant land within the city of Hollister in the high density residential (12 to 35 units per acre) land use category of the General Plan. An average development density of 12 to 35 units per acre is required in this overlay zone.”

SECTION 2. Severability. Should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by any reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or word of this ordinance as hereby adopted shall remain in full force and effect.

SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 4. Publication. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published one time in the Free Lance, a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on the 19th day of September, 2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Bonnie Gawf, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1220 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner

ATTACHMENTS: 1. Link to the City’s YouTube channel for the June 23, 2022 Planning Commission Public Hearing
( https://www.youtube.com/watch?v=pMTj63rkE24)

2. League of California Cities – Understanding Density and Development Intensity

3. Hollister General Plan (current) http://hollister.ca.gov/wp- content/uploads/2014/12/Complete_General_Plan.pdf

4. Final Environmental Impact Report http://hollister.ca.gov/wp- content/uploads/2014/12/2GPFEIRSec4.1-4.2v2.pdf

5. 2016 Housing Element
http://hollister.ca.gov/wp-content/uploads/2017/07/Section-2- Final-Housing-Element-April-2016.pdf

6. Net vs. Gross Calculations for Recent Approved Residential Developments

BACKGROUND:

Planning Commission
Study Session Staff Report
August 4, 2022
Item 1
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PC Study Session Staff Report
Net vs. Gross Density

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Net vs. Gross Density Definition - General

As site improvements vary from project to project, this can cause some uncertainty with regarding to the maximum number of residential dwellings allowed.

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Net vs. Gross Density

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Figure 1 : Example of a Large Undeveloped Parcel in Hollister

The net density calculation for a project area cannot be calculated or assumed by the City until a site-specific project with plans is submitted to the City for review.

For a general overview of density, please refer to the Presentation by the League of California Cities during the Planning Commissioners Academy on March 7, 2019 (Attachment 2).

City of Hollister 2005-2023 General Plan

The General Plan assumes future population growth and future number of additional residential E.2.a
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PC Study Session Staff Report
Net vs. Gross Density

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PC Study Session Staff Report
Net vs. Gross Density

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Attachment 5 ( http://hollister.ca.gov/wp-content/uploads/2017/07/Section-2-Final-Housing- Element-April-2016.pdf).

Hollister Zoning Ordinance

The Zoning Ordinance includes a definition of density in Section 17.02.020:

“Density means the number of dwellings per net acre or land, unless otherwise stated for residential uses.”

The term “net” is not defined in the Zoning Ordinance.

The Municipal Code under Title 16, Subdivisions, includes a definition of gross and net density.

The definitions included under Section 16.04.040, Definitions, are as follows:

“Density, gross means the ratio of dwelling units to the area that is divided into lots or residential parcels.”

Table 1 – Development and Density Standards for Hollister

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PC Study Session Staff Report
Net vs. Gross Density

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All Others: Less than
2,500 sq. ft.

Each of these requirements is intended to provide an applicant with direction on how to design E.2.a
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PC Study Session Staff Report
Net vs. Gross Density

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a project. The overall “feel” and look of the density of a project changes due to landscaping, buffers, lot coverage, setbacks and housing types within a development.

Recently Approved Residential Developments in Hollister

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PC Study Session Staff Report
Net vs. Gross Density

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Table 2: Approved Projects with Net and Gross Density

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Hollister 2040 General Plan Update

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PC Study Session Staff Report
Net vs. Gross Density

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ANALYSIS:

Take for example the following scenario in the Low Density Land Use Designation (1 to 8 dwelling units per acre):

Project A = 10 acre site:
• 1 acre park
• .25 acres for landscape buffer
• 2 acres public roadway
• .25 acres stormwater pond

A change in how the City evaluates the density of a project must be made in order to allow development projects currently under Staff review go to the Planning Commission for review.

Additionally, changes must be made so that the City can establish specific requirements to aide E.2.a
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in the consistent review of residential developments with respect to density.

RECCOMENDATION:

Staff recommends the following modifications be made to the current General Plan (Hollister 2005-2023 General Plan):

Staff recommends the following modifications be made to the Zoning Ordinance to clarify how the City will review a project with regards to density:

Staff recommends that the definitions in Chapter 16, Subdivisions, remain to be consistent with subdivisions approved in the past.

Staff recommends that all residential developments be consistently reviewed based on gross E.2.a
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PC Study Session Staff Report
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density moving forward. Additionally, all projects approved by the City should meet the all requirements of the Zoning District and General Plan Land Use Designation in which it is located.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

CONCLUSION:

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The proposed modifications are consistent with the Final Environmental Impact Report adopted for the City of Hollister 2005-2023 General Plan and further CEQA review is not required.

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STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner

ATTACHMENTS: 1. Resolution recommending City Council approval of a General Plan Amendment related to density.

2. Resolution recommending the City Council adopt an
Ordinance to amend Section 17.02.020 and Chapter 17.04 of the Hollister Zoning Ordinance.

3. August 5, 2022 Planning Commission Study Session Staff Report (without attachments)

RECCOMENDATION: Approve both Resolutions

BACKGROUND:

ANALYSIS:

The Planning Commission has directed Staff to make any necessary modifications to require the City to review the density of residential developments on a gross, not net, basis. Gross density is

Planning Commission
Staff Report
August 25, 2022
Item 5
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Staff Report
GPA 2022-1 and ZOA 2022-1

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The change from net to gross density will require an amendment to the existing General Plan and the Zoning Ordinance.

General Plan Amendment:

The Land Use and Community Design Element of the Hollister 2005-2023 General Plan states that the density of residential developments is to be calculated under a net basis in each of the residential land use categories on pages 2.7-2.8. In order to change this from net density to gross density, the following modifications are proposed:

• Modify the land use designations on page 2.7 to remove the word net from the Residential Estate, Low Density Residential, and Medium Density Residential categories

• Modify the land use designations on page 2.8 to remove the word net from the High Density Residential and Mixed Use Commercial and Residential categories.

Zoning Ordinance Amendment:

Several changes are required to the Zoning Ordinance in order to change how the City reviews density. The following modifications are proposed to be made to the Zoning Ordinance related to density:

• Under Chapter 17.04 – Residential Zoning Districts, remove the word net from Sections

17.04.010 (A) – (H)

• Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by District – remove the word net

• Section 17.04.050(A)(2) – remove the word net

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Staff Report
GPA 2022-1 and ZOA 2022-1

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• Section 17.04.010(A) – remove the word net from the Residential Performance Overlay Zoning Districts

While preparing the draft Zoning Ordinance amendments, Staff observed an error in the maximum density listed in the Zoning Ordinance for the R3 (Medium Density Residential) District.

• Section 17.04.010(D) – modify the R3 (Medium Density Residential) District to read “from eight to 12 dwelling units per acre.”

Staff recommends the housing type of “Small Lot” be removed from Table 17.04-1. This definition is not defined in the Zoning Ordinance and the type should be removed for clarity. Additionally, Staff recommends that duplexes be added to the allowable residential dwelling types for R1 Districts, consistent with SB 9 (as previously discussed with the Planning Commission during the August 25, 2022 Study Session). The following modifications to Table 17.04-1 are proposed:

• Remove the “Small Lot Housing” land use type from Table 17.04-1

• Change Duplexes from Not Permitted to allowed with a Site and Architecture Review

General Plan Update:

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Staff Report
GPA 2022-1 and ZOA 2022-1

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California Environmental Quality Act:

The proposed modifications discussed above are consistent with the City of Hollister 2005-2023 General Plan Final Environmental Impact Report (EIR), adopted December 2005 (State Clearinghouse No. 2004081147). Table 4.1B, Summary of Land Use Changes on page 4.1-7 of the EIR lists the total number of acres to be developed in the City. This is the total number and will not change with the proposed modifications. The EIR evaluates the potential number of new housing units that could be constructed as part of the 2005-2023 General Plan. This number was calculated by multiplying a “typical density” of each category by the total number of acres within the City as shown on Table A23: Additional Housing Capacity Resulting from Proposed Changes in Residential Land Use (page A.24 of Appendix A to the General Plan). The total housing capacity shown in this Table is reference in the Final EIR.

CONCLUSION:

The proposed modifications are consistent with the Final Environmental Impact Report adopted for the City of Hollister 2005-2023 General Plan and further CEQA review is not required.

PLANNING COMMISSION OPTIONS:

The Planning Commission can choose one of the following options:

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Staff Report
GPA 2022-1 and ZOA 2022-1

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1. Adopt Resolutions recommending the City Council adopt an Ordinance amendment the General Plan and Zoning Ordinance;

2. Direct Staff to modify the Resolutions to remove or add additional modifications;

3. Deny the Resolutions recommending the City Council adopt an Ordinance amendment the General Plan and Zoning Ordinance; or

4. Continue the hearing and direct Staff to provide additional information or clarification.

Staff recommends the Planning Commission select Option 1 for this Item.

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