Agenda packet — Hollister City Council, October 3, 2022 (part 1 of 4)

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
October 3, 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 state 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 wi ll 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 PARTICIP ATION NOTICE
The public may watch the meeting via live stream at:

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

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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_9ZsCamUVRfqLfXN93fGWAA

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 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

2. Government Code Section 54956.95 LIABILITY CLAIMS Claimant: Jane Doe Agency Claimed Against: City of Hollister

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

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CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS
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 separate 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, A4, A5, A6, A7, A8, A9, A10, and A11.

1. The minutes of the Special Meeting of City Council September 26, 2022

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)

DESCRIPTION: Second Reading of an amendment to Chapter 6.04, Animal Control Regulations Generally, will provide clarity to citizens and staff attempting to interpret and enforce this section of the City of Hollister (“City”) Municipal Code.

RECOMMENDATION: Second Reading—Read by title only, waive full reading, and ADOPT Ordinance amending Chapter 6.04, Animal Control Regulations Generally.

3. 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 conduct a Second Reading amending 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: Second Reading--Read by title only, waive full reading and ADOPT an Ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code.

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

DESCRIPTION: Second Reading of an amendment to section 9.30 SHOPPING CART CONTAINMENT of the Hollister Municipal Code to add requirements such as electronic deterrent system, fees and penalties.

RECOMMENDATION: Read by title only, waive full reading, and ADOPT Ordinance Amending Chapter 9.30 SHOPPING CART CONTAINMENT

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adding requirements, fees and penalties for violations.

5. Claim Against the City - Filed by Angel Guerrero (City Clerk)

BRIEF DESCRIPTION: Angel Guerrero filed a claim against the City on August 24, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

6. Claim Against the City - Filed by Maria Gomes (City Clerk)

BRIEF DESCRIPTION: Maria Gomes filed a claim against the City on September 9, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

7. Claim Against the City - Filed by Janet Felice (City Clerk)

BRIEF DESCRIPTION: Janet Felice filed a claim against the City on June 27, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

8. Resolution No. 2022-172 a Resolution of the City Council of the City of Hollister Approving Temporary Street Closures for the Annual San Benito High School Homecoming Parade on October 13, 2022 (City Clerk)

BRIEF DESCRIPTION: This Resolution will authorize the temporary closure of various City streets for the Annual San Benito High School Homecoming Parade on Thursday, October 13, 2022, from 2:00 p.m. to 3:00 p.m.

RECOMMENDATION: Staff recommends that City Council ADOPT a Resolution of the approving temporary street closures of various streets for the Annual San Benito High School Homecoming Parade on October 13, 2022.

9. Resolution No. 2022-173 A Resolution of the City Council of the City of Hollister to authorize the Hollister Fire Department to accept a grant from the California Department of Forestry and Fire Protection (CALFIRE) California Climate Investments Wildfire Prevention (Fire)

BRIEF DESCRIPTION: This item will authorize the Hollister Fire Department to accept a California Department of Forestry and Fire Protection (CALFIRE) grant award for $675,971 for Wildfire and Hazardous Fuels Reduction.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to accept a grant award of $675,971 from the California Department of Forestry and Fire Protection (CALFIRE) California Climate Investments for the project name - San Benito County Fuels Reduction.

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10. WARRANT REGISTER - OCTOBER 3, 2022 - AP (Finance)

BRIEF DESCRIPTION: Audit attached warrant register(s)

RECOMMENDATION: The City Council will ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:

 2022-09-04, in the amount of $1,248,747.87
 2022-09-09, in the amount of $ 551,518.13
 2022-09-14, in the amount of $ 20,838.81
 2022-09-14, in the amount of $ 430,396.28
 2022-09-14, in the amount of $ 599,435.74
 2022-09-14, in the amount of $ 375,068.92

11. WARRANT REGISTER - SEPTEMBER 19, 2022 AP (Finance)

BRIEF DESCRIPTION: Audit attached warrant register(s)

RECOMMENDATION: The City Council will ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:

 2022-08-17, in the amount of $486,404.67
 2022-08-23, in the amount of $3,261,776.00
 2022-08-24, in the amount of $2,376,115.57
 2022-08-24, in the amount of $629,712.00
 2022-08-24, in the amount of $396,596.49
 2022-08-29, in the amount of $1,826,766.79
 2022-08-29, in the amount of $457,749.33
 2022-08-31, in the amount of $602,863.22
 2022-08-31, in the amount of $335,830.87
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.

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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. Public Hearing-Notice of Funding Availability for the Permanent Local Housing Allocation Grant Funds (Housing)

BRIEF DESCRIPTION: The City of Hollister City Council will conduct a public hearing to discuss an application for the Notice of Funding Availability (NOFA) for the Permanent Local Housing Allocation (PLHA) grant.

RECOMMENDATION: It is recommended the City Council: 1. Open the public hearing and receive public comment regarding the Permanent Local Housing Allocation eligible activities to be considered. 2. Direct staff to prepare for council consideration, a Permanent Local Housing Allocation application requesting a five-year estimate of $1,081,498.00. And 3. Close public hearing.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-174 a Resolution of the City Council of the City of Hollister to adopt the Sanitary Sewer Management Plan update as required by State Water Resources Control Board Order No. 2006-0003- DWQ. (Public Works - Utilities)

BRIEF DESCRIPTION: Staff is seeking council approval of the Sanitary Sewer Management Plan (SSMP) update as required by State Water Resources Control Board Order No. 2006-0003-DWQ.

RECOMMENDATION: Staff recommends that the City Council hear and adopt the Sanitary Sewer Management Plan update.

2. Resolution No. 2022-175 a Resolution of the City Council of the City of Hollister rejecting all bids received on July 13, 2022, and authorizing staff to rebid the 2022 Citywide Slurry Seal Project, CIP C2204 (Administrative Services)

BRIEF DESCRIPTION: This resolution will reject the bids received, and authorize staff to rebid the 2022 Citywide Slurry Seal Project, CIP C2204.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution rejecting all bids received on July 13, 2022 and direct staff to re-bid the project.

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

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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. Sunnyslope Water District Presentation (City Manager)

BRIEF DESCRIPTION: Sunnyslope Water District General Manager Drew Lander will present a report the Gavilan College extension and be available for questions.

RECOMMENDATION: Staff recommends that the City Council receive the report from Drew Lander and provide staff direction.

4. Low Interest Business Loan Update (City Manager)

BRIEF DESCRIPTION: Staff will provide City Council with a report on the status of the Low Interest Business Loans.

RECOMMENDATION: Receive report from Staff and provide direction if necessary.

H. UNFINISHED BUSINESS

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 Coun cil 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.

City Council Monday, October 3, 2022 Page 8 of 8

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 -- Monday October 17, 2022 at 6:30 PM Regular City Council Meeting -- Monday, November 7, 2022, at 6:30 PM Regular City Council Meeting -- Monday, November 21, 2022, at 6:30 PM

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 3, 2022
SUBMITTED: September 27, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Bonnie Gawf, Interim City Clerk
CONTACT: Bonnie Gawf, Interim City Clerk
831-636-4300 x1017

TITLE OF ITEM: GOVERNMENT CODE SECTION 54956.95 LIABILITY CLAIMS CLAIMANT: JANE DOE AGENCY CLAIMED AGAINST: CITY OF HOLLISTER

BRIEF DESCRIPTION: A claim against the City was filed by a Jane Doe on September 9, 2022

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: A claim against the City was filed by a Jane Doe on September 9, 2022. Staff has sent a copy of this claim to the City’s Ris k Manager/Claims Adjuster and recommends denial of the claim. Staff further requests authorization to send the Notice of Rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. 2022 Claims Against the City - Jane Doe_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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8. JAMES Fl'rZPArRICK

CHARLES SWANSTON
LAURA l.. FRANKLIN
City Clerk
City of Holli s ter
375 Fifth S treet
Horn ster, CA 95023
Re:

Dear City Clerk:

FIT ZPAT RI CK & SWANS TON

ATTORNEYS A T LAW
555 Sout h Muin Su·cc t
Stllinas, California 93 901
Telephon e: 831.755.1311
Facsimile: 83 1.75:5.13 19
September 9, 2022
GSO Ove rnight De li ve ry
adv . The City of Holli ster and Brett Miller
Received
SE P O 9 2022
By : fjld½ ~ . 2
We repre se nt -a c urrent em ployee of th e City of Holli ste r, with respect to her claim s aga in st lhe~Ler and its City Manager, Bre tt Mill er (San Beni to Superior Cou rt Case No. CU-22-00042). Enclo sed please fi nd a copy of supp lemental claim dated Se pte mber 9. 20221 a co py of which has been concurrently submitted via emai l Lo co un sel for the C it y of Hollister, Felicia A. Starr, Esq.

Veiy truly yo urs,

FITZPATR ICK & SWANSTON
Laura L. Fra nkli n
Enclos ure
cc: Howard Magee via email (hma gee @diversity la w .co m) Felicia A. St;mviaemail (fs tarr @s ka ncm ill s.co m)

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EXHIBIT 1
On Marc h 15, 2022, C laiman t commenced a civil action as Plaintiff "Jane Doe " against De fendants City of Hollister (''the City") and its City Mana ge r, Bre tt Mill er -San Benito Su perior Cou11 Case No. CU -22-0 00 42 . This liti gat ion arose from the City's failure to take app ropriate act ion following complaints of being subjec ted to sexual harnss ment and sex-based discrimination by Brett Miller, incl ud ing he r written comp laint sub mit ted to the City's Huma n Resources Department on Nove mber 16, 2020 .

On or about Ma rch 17, 2022 ,-leamed from Ab raham Prado , then - -s up erviso r and the outgoing Development Serv ices Director, th at he had reco mm ended to Brett Miller that -serve as Jntc rim Developm en t Services Direc tor a-ftcr Mr.

Prado 's de parture . In his Ma rch 17, 2022 cmai I to -Mr . Pr ado exp lained that , despite his recommendation, Mr . Mi ller indicated that they sho uld instead bring in an emp loyee fro m 4Lcaf, Inc . to serve as Interim Developm e nt Serv ices Director. Mr . Prado 's email adde d, "I rea ll y ho pe tha t he recon si ders ." On or about March 27 , 2022 ,-leamed that Brett Mi ll er had not, in fact , reconsidered his di smissa l of Abraham Prado 's recommendatio n, as an ind iv[dua l lrom 4Leaf, Inc . began wo rki ng as the Inter im Development Services Director.

In or around Jun e 2022 , the City of Hollister po ste d a job opening for the pem,anent position of Development Serv ices Director. ubm itted her appli cation an d was int erviewed for the posi tio n on Jul y 29 , 2022 . -was informed th at the final interv iew for the position wou ld be with Brett Miller. However, --was not ified later that same day, Jul y 29, 2022, that she would not be mov ing forward in the interview proces s. As o f the date of th is claim,-oes not know who, if anyone , was se lec ted for the permanent pos ition, as the same individu al from 4Leat~ lnc . continues to serve in the Development Serv ices Director position . -is informed and believes that Mr . Miller 's and the City 's refusa l to consider her fo r the po sit ion of either the Interim or Permanent Development Serv ices Di rector was direct ly motivated by , and in retaliation for, com pla in ts of workplace sex ual harassment and discrim ination in violation of the Californ ia Fa ir Emp loyment and Housing Act ("FE HA''). Such retaliatory co nduct by the City Manager amo unt s to unl awful retaliation under both the FEHA and California Labor Code sectio n l 102.5 .

As a proximate resu lt of the above-descr ibed retaliation against -s he has sufiered and cont in ues to suffe r compensatory damages , incl ud in g lost wages , loss of future earnings and earning capaci ty, loss of bonuses , commissions, emotiona l di s tress , mental ang ui sh, embarra ssmen t, humiliation, loss of future adva ncem ent, and damage lo her repu tat ion in the business community, in the amo unt ofat le ast $25 ,00 0.00 . -fwthe r se ek s to recover reasonab le attorneys ' fee s and costs associated with th e unlawful retali ation a lleged herein , pursua nt to California Labor Code sectio n l 102 .5U) and Ca lifornia Gove rmnent Code sect ion 12965(b).
(aka Jane Doe) v. City o f Ho llister
Exhi bit 1 t o City of Hollister Claim Form
September 9, 2022

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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special Meeting
September 26, 2022

PUBLIC PARTICIPATION NOTICE
CALL TO ORDER - 6:30 PM
Mayor Valazquez called the meeting to order at 6:30 p.m.

PLEDGE OF ALLEGIANCE
Council Member Perez led the Pledge of Allegiance.

ROLL CALL
The Special Meeting of the City Council was called to order by Mayor Ignacio Velazquez on September, 26, 2022 at 6:30 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 Absent
Jennifer Thompson Assistant City Attorney Present
Bonnie Gawf Interim City Clerk Present
Carlos Reynoso Police Chief Absent
Brett Miller City Manager Present

VERIFICATION OF AGENDA POSTING
City Clerk Gawf verified that the Agenda for the Special City Council meeting of September 26, 2022 of the Hollister City Council was posted on September 23, 2022 on the bulletin board at City Hall at 6:45 p.m.

A. ADOPTION OF RESOLUTIONS

1. Resolution No. 2022-171 a Resolution of the City Council of the City of Hollister authorizing the City Manager or his designee the authority to substitute a subcontractor to complete the Ladd Lane Southside Road Traffic Calming project, CIP C2006.

Capital Improvement Projects Manager Perales presented the staff report and answered Council Members' questions.

Mayor Velazquez opened public comments on the item.

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City Council Monday, September 26, 2022 Page 2 of 2

Mia Casey thanked the Council for holding a special meeting to address the issue.

She said that the crosswalk at Talbott needs to be put in soon, as it is a safety issue, and she urged Council to pause and study traffic calming projects in general.

Jonathan Casey agreed with the previous speaker. He asked if there is a clause in the contract addressing what happens if the contractor creates a safety hazard.

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

On question, City Manager Miller said that he would check on the progress of the study of traffic calming projects.

It was moved by Council Member Resendiz and seconded by Council Member Perez to approve the resolution authorizing the City Manager or his designee the authority to substitute a subcontractor to complete the Ladd Lane Southside Road Traffic Calming project, CIP C2006. The motion carried by a vote of 4-0-1, with Council Member Burns absent.

ADJOURNMENT
On a motion by Council Member Resendiz, and seconded by Council Member Morales, the City Council adjourned the meeting at 7:02 p.m.

Respectfully submitted,

Bonnie Gawf, CMC
Interim City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 3, 2022
SUBMITTED: August 10, 2022 AGENDA ITEM:

DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330

TITLE OF ITEM: 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.

RECOMMENDATION: Second Reading—Read by title only, waive full reading, and ADOPT Ordinance amending Chapter 6.04, Animal Control Regulations Generally.

DEPARTMENT SUMMARY: At the September 6, 2022 City Council meeting, the Council conducted a First Reading of Ordinance 1219 amending Chapter 6.04, Animal Control Regulations Generally. The ordinance was introduced at that meeting, but with direction to staff to amend the definition of “residence” to clarify the rules that would allow a reasonable number of pets allowed in multi-family properties. It should be noted that the property owner will continue to have discretion to limit the number of pets or not allow them at all.

Below is the proposed amendment to address the issue. Blue underlined text is new, and red strikethrough text is deleted.

The term “premises,” as used in this chapter, shall mean a parcel of real property. A parcel of real property is a lot, or contiguous group of lots in single ownership, with a single assessor’s parcel number. include the following:

1. For any property containing a residential dwelling unit identified as a single-family detached, single-family attached, or a duet, as defined in Section 17.02.020 of the City of Hollister Zoning Ordinance, a premise shall consist of the entire parcel of real property containing the primary residential dwelling unit.

2. For any property containing residential dwelling units identified as multi-family as defined in Section 17.02.020 of the City of Hollister Zoning Ordinance, a premise shall consist of each individual residential dwelling unit located on the multi-family property.

3. For any property not containing residential dwelling units meeting the criteria of 1 or 2 above, a premises shall consist of the entire parcel of real property, defined as a lot, or contiguous group of lots in single ownership, with a single assessor’s parcel number.

4. Accessory Dwelling Units and/or Junior Accessory Dwelling Units, as defined by Government Code Sections 65852.2 and 65852.22 respectively, shall not be identified as primary residential units nor shall they constitute additional premises on properties identified under 1 or 2 above.

FINANCIAL IMPACT: There is no fiscal impact.

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CEQA: N/A

ATTACHMENTS:

1. Public Notice - Chapter 6.04 Ordinance Revisions (SL010817xFF256)

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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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.

WHEREAS, City of Hollister Municipal Code Chapter 6.04, Animal Control Regulations Generally, (the “Chapter”) currently contains confusing and inconsistent language; and WHEREAS, such confusing and inconsistent language makes it difficult for citizens to interpret the Chapter and to understand their rights as citizens to keep small animals; and WHEREAS, such confusing and inconsistent language is difficult for City staff to enforce; and WHEREAS, an amendment is needed to clarify the meaning of certain sections of the Chapter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:

The ordinance of the City of Hollister amending the Animal Control Regulations Generally of Title 6 of the Municipal Code.

CHAPTER 6.04 – ANIMAL CONTROL REGULATIONS GENERALLY
CHAPTER 6.04. ANIMAL CONTROL REGULATIONS GENERALLY

6.04.005 Definitions
The term "poultry," as used in this chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or any other large domestic or tame birds. This shall exclude par akeets and canaries or similar small birds.

The term “premises,” as used in this chapter, shall include the following:

1. For any property containing a residential dwelling unit identified as a single -family detached, single-family attached, or a duet, as defined in Section 17.02.020 of the City of Hollister Zoning Ordinance, a premise shall consist of the entire parcel of real property containing the primary residential dwelling unit.

2. For any property containing residential dwelling units identified as mul ti-family as defined in Section 17.02.020 of the City of Hollister Zoning Ordinance, a premise shall consist of each individual residential dwelling unit located on the multi -family property.

6.04.010 Running at large prohibited.

No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, swine, rabbits, or poultry of which the person is the owner, caretaker or custodian to be at large within the city. Any such A.2
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creature shall be deemed to be at large when it shall be off the premises owned or rented by its owner and unaccompanied by the owner or an agent or employee of the owner, the caretaker or the authorized custodian.

6.04.020 Rabid animals generally.

The following are provisions relative to rabid animals:

A. Knowledge of Whereabouts. Any person having knowledge of the whereabouts of an animal known to have rabies or suspected of having rabies shall report the facts immediately to the health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. The health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.

B. Isolation. Any rabid animal, clinically suspected rabid animal or biting animal, shall be isolated in strict confinement as follows:

1. Any rabid animal or clinically suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in the pound, in a veterinary hospital or in other adequate facilities in a manner approved by the health officer and shall not be killed or released for at least 14 days after the onset of symptoms suggestive of rabies.

2. Any animal which bites or otherwise exposes a person to rabies shall be isolated in strict confinement in a place and manner approved by the health officer and observed for at least 14 days after the day of infliction of the bite; except, that the followin g alternative is permitted in the case of dogs: Dogs which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facilities, in a manner approved by the health officer, may be released from isolation by the health officer after five days of veterinary observation, if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.

C. Animal Contacts. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the health officer for a period of six months or destroyed; except, that the following alternatives are permitted in the cases of dogs and cats:

1. If the dog or cat has not been vaccinated against rabies within a period of two years with chick embryo rabies vaccine, the dog or cat may be administered antirabies hyperimmune serum and rabies vaccine in a manner prescribed by the health department and quarantined in a place approved by the health officer for a period of 90 days.

2. If the dog or cat has been vaccinated against rabies within two years but not less than 30 days with chick embryo rabies vaccine or within one year but not less than 30 days with nerve tissue rabies vaccine, the dog or cat may be revaccinated in a manner prescribed by the department and quarantined in a place and manner approved by the health officer for a period of 30 days.

6.04.030 Police chief to perform poundmaster's duties in absence of poundmaster.

If at any time there should be no duly appointed and acting poundmaster, the duties of poundmaster shall be performed by the chief of police or the chief's duly authorized representative until a poundmaster is appointed.

6.04.040 Interference with poundmaster or police officers prohibited.

No person shall in any manner interfere or attempt to interfere with the poundmaster or any police officer in the performance of any duty imposed by the provisions of this chapter. No person shall A.2
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unlawfully take or attempt to take any animal seized pursuant to the provisions of this chapter from the custody of the poundmaster or any police officer. No person shall remove or attempt to remove from the public pound any animal impounded therein without having first redeemed the same as provi ded in this chapter or obtained permission of the poundmaster to do so.

6.04.060 Registration with health department required — Exceptions.

A. Any person who keeps or intends to engage in the business of keeping any animals, poultry, tame birds or large reptiles within the city shall register that fact with the health department and shall also give information as to the number and kind of animals, birds, poultry or reptiles to be so kept with the health department unless specifically exempted under this chapter. Such person shall be held responsible by the health officer, whether exempted or not, for the maintenance of all such premises in a clean and sanitary condition in accordance with all applicable provisions of this chapter or other regulations pertaining thereto.

B. An exception to the registration required in this section shall be made whenever the animal kept or to be kept is a pet dog, cat, rabbit or similar animal commonly called a pet, owned by a person residing on the premises, does not exceed a total of two over four months old per premises and is not an animal or a reptile or poultry prohibited under this chapter or any other law or regulation.

6.04.070 Restrictions on keeping of poultry, rabbits and other small fur-bearing animals.

A. The following restrictions and regulations are applicable to keeping of poultry, rabbits, cats and other small fur-bearing animals:

1. No poultry, rabbits or other small fur-bearing animals shall be allowed within 50 feet of any residence.

2. No more than six live poultry, rabbits, or other small fur-bearing animals, excluding cats, over four months of age shall be kept on any premises which are in a residential zone.

3. All poultry and rabbits shall be kept, harbored and maintained not less than five feet from all lateral and rear property lines, unless there is a solid fence, solid side of a building or wall not less than five feet in height between such poultry or rabbits and the adjoining property; except that where the property line abuts upon an alley, the distance requirement may be dispensed with.

4. No persons shall keep more than three cats of more than four months of age on any premises within the city.

B. This section shall not apply to poultry, rabbits or small fur-bearing animals which are in a building approved by the building inspector which is completely enclosed and screened, so that no odor or fly nuisance exists, the animal or poultry having no access to open area; and provided, that such use is not expressly prohibited under other regulatio ns by law.

6.04.080 Keeping of sheep, goats, horses, donkeys, mules, ponies, cows or other large animals.

No person shall keep one or more sheep, goats, horses, donkeys, mules, ponies, cows or other large animals within the city unless they are kept on unimproved property one acre in size. None of the animals specified in this section shall be allowed within 100 feet of any residence.

6.04.090 Construction of certain stables.

Every stable or other building wherein any animals such as swine, sheep, goats, horses, asses, donkeys, mules, ponies, cows or animals raised for fur-bearing purposes are kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.

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6.04.100 Maintenance of structures, pens, etc.

All structures, pens, coops or yards wherein animals, poultry or birds are kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from objectionable odors.

The interior walls, ceilings, floors, partitions and appurtenances of all such structures shall be whitewashed or painted regularly.

The health officer, upon the complaint of any person, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this chapter.

6.04.110 Cooking of waste matter used as animal feed prohibited.

No waste vegetable matter or animal matter used for the feeding of swine, sheep, goats, cows, chickens, geese or ducks shall be cooked within the city.

6.04.120 Fowl or animals which disturb peace by any sound or cry declared a nuisance.

It is declared to be a nuisance, and no person shall keep, maintain or cause or permit to be kept or maintained upon any premises in any residential or commercial distric ts in the city, any crowing rooster, peacock, guinea fowl or any other fowl, poultry, or animal which by any sound or cry shall unreasonably disturb the peace and quiet of any neighborhood.

6.04.130 Continuation of use of premises contrary to chapter provisions after annexation.

Whenever premises come into the city through annexation, if such premises were used contrary to the provisions of this chapter prior to annexation, such use may be continued; provided, that the premises shall be maintained in accordance with Sections 6.04.090 to 6.04.120, as well as other existing laws or regulations pertaining thereto. However, such use shall not be expanded after such annexation and shall be discontinued upon sale of the property by the owner of the property if su ch sale takes place after annexation of the property to the city.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 3rd day of October, 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. 1219 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 3rd day of October, 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 October, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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CITY OF HOLLISTER

CITY COUNCIL

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Hollister will hold a public hearing on September 6, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard in the Council Chambers of the City Hall, 375 Fifth Street, Hollister, California, to consider the following matters:

1. AMENDMENT TO SECTION 6.04, OF THE HOLLISTER MUNICIPAL CODE - Consideration of an ordinance amendment to Hollister Municipal Code Section 6.04 (Animal Control Regulations Generally.) The purpose of the amendments is to clarify and correct confusing and inconsistent language.

A copy of all relevant materials regarding the proposed actions is on file in the City Clerk Office at Hollister City Hall, 375 Fifth Street, Hollister, California. Specific questions can be directed to the City’s Police Department at 831-636-4330. Si necesita información en Español, comuníquese con Departamento de Policia al teléfono 831-636-4330 o por correo electrónico [email protected]

Please check the September 6, 2022, City Council agenda once it is posted on the City’s website for information as to how to participate in the City Council meeting. Written comments may be sent via U.S. Mail or by hand delivery to the City of Hollister, at City Hall, at the address listed above.

If you challenge the nature of the proposed items in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Hollister at, or prior to, the public hearing.

Bonnie Gawf, City Clerk
Publish Date: August 19, 2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 3, 2022
SUBMITTED: August 31, 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. 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

RECOMMENDATION: Second Reading--Read by title only, waive full reading and ADOPT an Ordinance of the City of Hollister amending Title 17, Zoning Ordinance , of the Hollister Municipal Code.

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 under the future General Plan once adopted.

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.3
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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 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 Zon ing 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 established in the Zoning Ordinance.

 Table 17.04-2 Residential Lot Size, Lot Area and Density Requirements by A.3
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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.

ATTACHMENTS:

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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 basis 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, recommendations 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 Section 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 Genera l 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 development 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 A.3
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Changes in Residential Land Use (page A.24 of Appendix A to the Genera l 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 Dist ricts 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 o f 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. T he 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 multifami ly 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 co nditional 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 Ci ty 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 density 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.

Some of the homes in this district are listed in the National Mon terey 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 densities 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 orde rly 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 Distric t” 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 conforming 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 A.3
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with performance agreement provided the average development density before a density bonus complies the applicable General Plan land use designa tion.

(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 conditional 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.

(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 th e 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 an d 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 a nd 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 (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 ci ty 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 A.3
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General Plan. An average development density of eight to 12 un its 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 3rd day of October, 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 3rd day of October, 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 October, 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
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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 A.3.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 A.3.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 A.3.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
Staff Report
August 25, 2022
Item 5
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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:

• 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 A.3.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 A.3.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 A.3.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 Zoning Ordinance
(Deleted text shown in red with strikethrough, new text shown in bold red font)

17.02.020 Definitions.

This section provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other chapters of the City Code, these definitions shall prevail for the purposes of this Zoning Ordinance. If a word is not defined in this chapter, or other chapters of the City Code, the most common dictionary definition is presumed to be correct. Words used in the present tense shall include the future; words used in the singular shall include the plural; the word "shall" or "must" is mandatory, and the word "may" is directory.

A. Definitions of specialized terms and phrases. The following definitions are in alphabetical order.

Accessory dwelling unit means a second permanent dwelling that is accessory to a legally constructed primary dwelling on the same site in a residential zoning district. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Section 17.22.040.

Accessory retail uses means the retail sales of various products (including food) in a store or similar facility that is located within an health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and f ood service establishments within hotel, office and industrial complexes.

Accessory use or structure means a use or structure subordinate to the principal use on the same lot as authorized by the specific zoning district and serving a purpose customarily incidental to the principal use, without altering the character of the site or the premises established by the principal use district.

Adult means a person aged 18 or over.

Adult entertainment establishment. See Section 17.22.050.

Affordable housing means a housing units affordable to families earning at or below 120 percent of the county median income, including very low, low, median and moderate income units. The specific affordability levels shall be established by resolution of the City Council.

Agent means a person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

Agriculture means farming, dairying, pasturage, apiaries, horticulture, viticulture and animal or poultry husbandry, but not including the commercial feeding of garbage or offal to swine or other animals.

Airport means an area used for aircraft landing, take-off, storage, and maintenance, including appurtenant areas used for airport buildings, aircraft operations and related facilities, including aprons and taxiways, tie-down areas, hangers, control towers, and safety lights, communications equipment, and related structures.

Alley means a public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation.

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Auto, mobile home, vehicle and parts sales means retail establishments selling or renting new and used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "Retail Stores, General Merchandise"). Also includes stores selling new parts, tires, and accessories. (Does not include tire recapping establishments, which are found under "Repair and Maintenance—Vehicle"). Does not include businesses dealing exclusively in used parts, which are included under "Recycling, Scrap and Dismantling Yards." Includes repair shops only when part of a dealership selling new vehicles on the same site. Does not include "Service Stations," which are separately defined.

Automatic teller machine (ATM) means a machine used by bank and financial service patrons for conducting automated transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at o r within banks or in other locations.

Automobile dismantling yard. See "Recycling, Scrap, and Dismantling Yards." Automobile repair. See "Repair and Maintenance, Vehicle." Automobile service station. See "Service Station."
Banks and financial services means financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; mortgage brokers; holding (but not predominant ly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. See also "Automatic Teller Machine."
Bars and drinking places means a structure or space within a structure where alcoholic beverages are sold for on-site consumption, separate from a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music or dancing, etc.). May also include beer brewing as part of a "brew pub."
Bed and breakfast inn means a commercial facility designed to appear as a single-family dwelling where bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include "Hotels and Motels," which are defined separately; rooming and boarding houses, which are included under "Multifamily Housing;" or the rental of an entire residence for 30 days or more.

Building. See "Structure."
Building material stores means a primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail Stores, General Merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Building site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and use accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by this chapter, and having its principal frontage on a street, road, or highway not to include an alley.

Business support services means establishments primarily within structures, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

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♦ Blueprinting
♦ Business equipment repair services (except vehicle repair, see "Repair and Maintenance—Vehicle") ♦ Commercial art and design (production)
♦ Computer-related services (rental, repair)
♦ Copying, quick printing, and blueprinting services
♦ Equipment rental businesses within buildings (rental yards are "storage yards and sales lots") ♦ Film processing laboratories
♦ Heavy equipment repair services where repair occurs on the client site ♦ Janitorial services
♦ Mail advertising services (reproduction and shipping ♦ Other "heavy service" business services
♦ Outdoor advertising services
♦ Photocopying
♦ Photofinishing
♦ Protective services (other than office related)
♦ Soils and materials testing laboratories
♦ Window cleaning
Caretaker and employee housing means a temporary or permanent residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

Cargo container. See "Shipping Container."
Carport means a detached structure enclosed on two or fewer sides without a door used for storage of vehicles used by occupants of the premises.

Cemeteries, columbariums and mortuaries means an internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and f ull-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

Chemical plants means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products:
(1) Basic chemicals including acids, alkalizes, salts, and organic chemicals; (2) Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and
(3) Finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives.

Also includes sales and transportation establishments handling the chemicals described above.

Child means a person under the age of 18.

Churches/places of worship means any religious organization facility operated for worship or promotion of religious activities, including churches and religious Sunday -type schools; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the church itself, excluding other A.3.e
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establishments maintained by religious organizations such as full-time educational institutions, hospitals and other potentially related operations (i.e., a recreational camp).

City means the city of Hollister, state of California, referred to in this Zoning Ordinance as "City." City council means the City council of the city of Hollister, state of California, referred to in this Zoning Ordinance as "council."
Clothing factory means manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("General Merchandise Stores") are instead included under "Personal Services."
Clubs and lodges means permanent meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, excluding commercial recreation and entertainment. This classification includes union halls, social clubs, and youth centers.

Commercial recreation includes, but is not limited to, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, ice/roller skating rinks, golf courses, miniature golf courses, model courses, shooting galleries, tennis and racquetball courts, amusement centers and arcades, martial arts studios, dance studios, health and fitness clubs, or facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities.

Commercial zone or zoning district means any of the zoning districts that permit businesses selling good or providing services.

Commission. See "Planning Commission."
Common area means an area, or portion thereof, owned in common by all property owners of a subdivision. There may or may not be an open space easement over a common area.

Common interest development includes a condominium, community apartment project, planned development or stock cooperative, as provided by Section 1351 of the Civil Code.

Community apartment as defined in Section 1351 of the California Civil Code, means an estate in real estate consisting of an undivided interest in land coupled with the right of exclusive occupancy of any apartment located thereon.

Community apartment project as defined in Section 1351 of the California Civil Code and Section 11004 of the California Business and Professions Code, means a development consisting of two or more community apartments.

Community centers means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

Concrete, gypsum and plaster production means manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products (e.g., plasterboard, etc.). A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores." Conditional use means a land use or activity that is not allowed as a matter of right within a zoning district.

Conditional use permit means an approval issued to a landowner allowing a conditional use.

Condominium as defined in Section 783 of the California Civil Code, means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, A.3.e
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parcel map, or condominium plan in sufficient detail to locate all boundaries. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access, and if necessary, support.

Condominium project as defined in Section 1351 of the California Civil Code, means a development consisting of two or more condominiums.

Construction contractors yard means a storage area operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses including offices and repair facilities.

Crop production means uses including production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms; associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field of products grown on the premises.

Cultural institutions means organizations or businesses displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.

Day care means facilities that provide non-medical care and supervision of children or adults for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1. Child day care facility means a commercial or nonprofit facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes day care centers, employer-sponsored child care centers, and family day care homes, as defined by Health and Safety Code Section 1596.750. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. Family day care home means a home that regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away.

3. Family child care home, large means a home that provides family day care for seven to 14 children, inclusive, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.465.

4. Family child care home, small means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.44.3

5. Adult day health care facility means an organized day program of therapeutic, social and health activities and services provided to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care, as defined in Health and Safety Code Section 1570.7.

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

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

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Department means the city of Hollister Development Services Department, referred to in this Zoning Ordinance as "Department."
Detached means any structure that does not have a wall or roof in common with another structure.

Developer means an owner or subdivider with a proprietary interest in a proposed or constructed project.

Development means any construction activity or alteration of the landscape, its terrain contour or vegetation, including grading, paving and the erection or alteration of structures, alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning Ordinance.

Development agreement means a contract between the City and an applicant for a development project, in compliance with Chapter 17.24.280 of this Zoning Ordinance and Sections 65864 et seq., of the Government Code.

Development standards means ahe provisions of this chapter that regulate the site planning and design of a proposed development or new land use, including but not limited to provisions for floor area ratio, height limits, landscaping, minimum lot area and minimum building site area, off -street parking, setbacks, site coverage, signs, and standards for specific land uses.

Director means the Development Services Director of the city of Hollister.

District or zoning district means a portion of the City within which certain uses of land and buildings are prohibited or permitted according to development standards.

Drive-in and drive-thru sales means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants and drive- through pharmacies.

Drive-in and drive-thru service means facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows in banks but does not include: automatic teller machines (ATMs) or service stations, which are separately defined, or car washes, which are included in the definition of "Repair and Maintenance—Vehicle." Dwelling or dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long -term basis, not including a motel, hotel, bed and breakfast or boarding house. Also includes factory -built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC).

Elderly means a person 55 years of age or older but also includes other adults who are chronically ill or impaired and who would benefit from adult day health care, as defined in Health and Safety Code Section 1570.7.

Electrical and electronic equipment, instruments manufacturing means establishments engaged in manufacturing or assembling machinery, apparatus and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
♦ Appliances including stoves/ovens, refrigerators
♦ Aviation instrument
♦ Cleaners, sewing machines
♦ Electrical welding apparatus
♦ Electrical transmission and distribution equipment
♦ Electronic components and accessories, including semiconductors, integrated circuits, related devices ♦ Electronic instruments, components and equipment including calculators and computers A.3.e
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♦ Equipment for internal combustion engines
♦ Freezers, laundry equipment, fans, vacuum
♦ Industrial apparatus and controls
♦ Instruments for measurement, testing, analysis and control, and associated sensors and accessories ♦ Lighting and wiring equipment including lamps and fixtures, wiring devices, vehicle lighting ♦ Miscellaneous electrical machinery, equipment and supplies including batteries, X-ray apparatus and tubes, electro-medical and electrotherapeutic apparatus electrical
♦ Motors and generators
♦ Optical instruments and lenses
♦ Phonograph records and surgical, medical and dental instruments, equipment, and supplies photographic equipment and supplies ♦ Pre-recorded magnetic tape radio and television receiving equipment including television and radio sets ♦ Surveying and drafting instruments
♦ Telephone and telegraph apparatus
♦ Transformers, switch gear and switchboards
Does not include testing laboratories (See "Research and Development" or "Soils and Materials Testing," etc.), which are defined under "Business Support Services," or "Research and Development Facilities Independent From Manufacturing," which is separately defined.

Equestrian facilities means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory a nd incidental to these uses.

Façade means that portion of any exterior elevation on the building extending from grade to top of parapet, or eaves, and the entire width of the building elevation.

Family means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

Farm equipment and supplies sales means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Fence means continuous physical barrier comprised of wood, wrought iron, chain link, masonry, concrete, or other similar materials as well as vegetation which provides for separation between adjoining sites or areas within a site.

Floor area, gross. "Gross floor area" means the total area enclosed within a building, including closets, stairways, and utility and mechanical rooms, measured from the interior face of the walls.

Floor area ratio (FAR) means the total floor area of all buildings on a lot, divided by the area of that lot. For example, a building 3,000 square feet of floor area on a 10,000 square foot lot has a FAR of

0.30. See Figure 17.02-1 (Floor Area Ratio).

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Figure 17.02-1 Floor Area Ratios

Fuel and ice dealers means retail trade establishments primarily engaged in the sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk.

Furniture and fixtures manufacturing means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."
Furniture, furnishings and equipment stores means stores primarily selling home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments.

Garage means an attached or detached accessory building used for the storage of vehicles or trailers by the occupants of the premises.

General plan means the city of Hollister General Plan, including all elements thereof and all amendments thereto, as adopted by the Council under the provisions of Sections 65300 et seq., of the Government Code.

Glass products factory means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not A.3.e
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include artisan and craftsman type operations which are included under handicraft industries and small scale manufacturing.

Handicraft industries, small scale manufacturing means small scale manufacturing establishments not classified in another major manufacturing group, including jewelry, glass, musical instruments, toys, sporting and athletic goods, pens, pencils, and other office and artists materials; button, costume novelties, miscellaneous notions; brooms and brushes and other miscellaneous manufacturing industries.

Health/fitness club means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges, other indoor sports activities and limited massage therapy that is incidental to the operation.

Height, building means the vertical distance from the average contact grade level of the building, "grade" as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

Home occupation means a business activity conducted entirely within or from an enclosed dwelling unless otherwise permitted in an accessory structure with a conditional use permit. See Section

17.22.130 (Home Occupations).

Hotel or motel means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than 30 days). Hotels provide access from an interior walkway to most guest rooms that do not have kitchen facilities. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting rooms, etc.

Improvement means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto.

Indoor recreation centers means primarily indoor establishments providing amusement/entertainment services, including: arcades containing five or more coin operated amusements or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms; and pool and billiard rooms that are principal uses rather than being subordinate to a bar or restaurant; ice skating and roller skating.

Junkyard means the use of any outdoor space where waste, discarded or salvaged materials are stored or handled; including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged housing wrecking and structural steel materials and equipment, except when any such use is accessory and incidental to the permitted agricultural use.

Kennels and animal board means facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.

Large family day care home. See "Day Care—Family Child Care Home, Large." Laundries and dry cleaning plants means service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does A.3.e
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not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "Personal Services."
Lot coverage means that portion of a lot or building site which is occupied by any building or structure regardless of whether such building or structure is intended for human occupancy.

Lot or parcel means an area of real property under single ownership, its principal frontage on a street or right-of-way, and lawfully created and recorded as required by the Subdivision Map Act and city of Hollister ordinances, including this Zoning Ordinance. Types of lots include the following:

1. Corner lot. A lot located at the intersection of two or more streets, bounded on two or more sides by street lines.

2. Double frontage or through lot. A lot having a frontage on, and rights of vehicular access to, two parallel or approximately parallel streets. For the purposes of determining vehicular access to parallel streets pursuant to this definition, alleys are not streets.

3. Flag lot. An interior lot having access by a corridor having a street frontage of less than 20 feet in width.

4. Interior lot. A lot abutting only one street.

5. Key lot. The first lot to the rear of a corner lot, the front line of which is a continuation of the side l ine of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

Figure 17.02-2 Lot Types

Lot width means the width of the lot measured at right angles to its depth at a point midway between the front and rear lot lines. "Average lot width" means the average width of the lot throughout its full depth measured at right angles to the depth.

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Figure 17.02-3 Lot Width

Lumber and wood products manufacturing means processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes: all types of milling operations and the turning and shaping of wood products on a manufacturing basis; the assembly of products including trusses and structural beams, wood containers, pallets and skids; and the assembly of factory-built and manufactured housing; and the wholesaling of basic wood products. Craft-type shops are included in "Handicraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "Building Material Stores." Machinery manufacturing means the manufacturing of machinery and equipment for purposes and products including but not limited to the following:
♦ Bulldozers
♦ Carburetors
♦ Construction
♦ Conveyors
♦ Cranes
♦ Die casting
♦ Dies
♦ Dredging
♦ Engines and turbines
♦ Farm and garden
♦ Food products manufacturing
♦ Gear cutting
♦ Heating, ventilation, air conditioningmanufacturing
♦ Industrial furnaces and ovens
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♦ Industrial molds
♦ Industrial trucks and tractors
♦ Laundry and dry cleaning
♦ Materials handling
♦ Mining
♦ Oil field equipment
♦ Paper manufacturing
♦ Passenger and freight elevators
♦ Pistons
♦ Printing
♦ Pumps
♦ Refrigeration equipment
♦ Textile
♦ Upholstery
Medical offices. See "Medical Services—Clinics and Laboratories." Medical services—Clinics and laboratories means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These facilities include:
medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "Offices"); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.

Medical services—Extended care means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential Care Homes."
Medical services—Hospitals means establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services having an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care.

May include accessory retail uses (see the separate definition of "Accessory Retail Uses,") and emergency heliports.

Metal fabrication, machine and welding shops means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

Mixed use development means the development of a site or structure with a combination of residential and commercial uses, as permitted by this chapter, in a single or physicall y integrated group of structures.

Mobile food vending facility or vending facility means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce or prepared and pre-packaged or unprepared and unpackaged food or foodstuffs of any kind, on any public street, alle y or property or on any privately owned parcel or lot open to the public.

Mobile home means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including A.3.e
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recreational vehicle, commercial coach or factory-built housing which is equipped for human habitation. For purposes of this chapter, a mobile home on a permanent foundation is considered a structure.

Mobile home park means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes.

Motel. See "Hotel or Motel."
Natural grade means the contour of the ground surface before any grading (cut or fill).

Nonconforming lot means a lot of record that was legally created prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this chapter because the lot is of a size, shape, or configuration no longer allowed in the zoning district in which the site is located, as a result of the adoption of, or amendments to, this chapter.

Nonconforming structure means a structure that was legally constructed prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this Zoning Ordinance because the adoption of or amendments to the Zoning Ordinance made the structure nonconforming in its size, type of construction, location on its site, separation from other structures, number of parking spaces provided, or other features.

Nonconforming use means a use of land or structure that was legally established prior to adoption of Ordinance 1038, codified in this title, but does not meet the requi rements of this Zoning Ordinance because the use is no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to, this Zoning Ordinance.

Nursery means the retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other gardening item.

Offices means service establishments including the following:

1. Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"); and

2. Professional offices. Professional or government offices including:
♦ Accounting, auditing and bookkeeping services
♦ Advertising agencies
♦ Architectural, engineering and surveying
♦ Attorneys
♦ Counseling services
♦ Court reporting
♦ Data processing and computer services
♦ Detective agencies and similar services
♦ Employment, stenographic, secretarial and word processing services ♦ Government offices including administrative offices, agency and administrative office facilities ♦ Insurance
♦ Management, public relations and consulting services ♦ Photography and commercial art studios
♦ Writers and artists offices outside the home
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Does not include: medical offices, which are allowed under "Medical Services—Clinics and Laboratories."
Offices, temporary means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off -site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction as authorized by Section 17.24.190 (Temporary Use Permits) for a maximum period of up to 360 days.

Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a project.

Outdoor commercial recreation means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive -in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "Parks, Playgrounds, Golf Courses); skateboard parks and water slides; go -cart and miniature auto race tracks; recreation equipment rental (e.g., nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including but not limited to bars and restaurants, fast-food restaurants, video game arcades, etc.

Outdoor retail sales and activities means permanent outdoor sales and rental establishments including autos, other vehicles and equipment, and other uses where the business is not conducted entirely within a structure. Sidewalk cafés within the public right-of-way and sidewalk cafés are subject to the requirements in Section 17.22.210 (Sidewalk Café).

Outdoor retail sales, temporary means temporary outdoor retail operations including: farmer's markets; seasonal sales of Christmas trees, pumpkins or oth er seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public right-of-way and are subject to the provisions of Section 17.22.160 (Outdoor Merchandise Display and Activity), the city of Hollister Municipal Code and applicable state and federal regulations.

Overlay district means a certain portion of the City wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.

Paper products production means the manufacture of paper and paperboard (both from raw and recycled materials), and their conversion into products including paper bags, boxes, and envelopes.

Also includes building paper and building board mills.

Parcel. See "Lot."
Paving and roofing materials production means the manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar.

Person means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal improvement services means services or facilities including, but not limited to, music or photography lessons, driving schools (excludes truck driving schools), and diet centers.

Personal services means establishments providing nonmedically related services, including beauty and barber shops; shoe repair shops; tanning salons; laundromats (self -service laundries); A.3.e
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manicurists; dry cleaning pick-up stores and small-scale dry cleaners. These uses may also include accessory retail sales of products related to the services provided.

Pipelines and utility lines means transportation facilities for the conveyance of: storm water, waste water, water and crude petroleum; refined petroleum products including gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, and surge and storage tanks. Does not include offices or service centers (classified under "Offices"), distribution substations (classified under "Public Utility Facilities"), or power plants (classified under "Electric Generating Plants").

Planned development as defined by Section 1351(k) of the Civil Code, a development (other than a community apartment project, condominium or stock cooperative) having either or both of the following features: (1) The common area is owned either by an association, or in common by the owners of the separate interests; (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in compliance with Section 1367 of the Civil Code.

Planning Commission means the Planning Commission of the city of Hollister.

Plastics and rubber products production means he manufacture of rubber products including:
tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile Home, Vehicle and Supplies Sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.

Primary zoning district means residential, commercial, industrial or special use zoning district to which an overlay zone may be applied.

Printing and publishing means establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) co pying and other "quick printing" services; and establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.

Public road means a street or highway owned and maintained by the City or the State.

Public safety and utility facilities.

1. Public safety facilities means facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

2. Public utility facilities means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching, telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.

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Recreational vehicle (RV) means motor home, travel trailer, truck camper, or camping trailer, with or without motor power, originally designed for temporary human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2. It contains 400 square feet or less of gross area measured at maximum horizontal projections.

3. It is built on a single chassis.

4. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

Recreation facility means an area or space within a project (exclusive of any required setback areas) to be used exclusively for leisure and recreation purposes by occupants of units in a project and their guests. Accessory structures such as swimming pools and recreation buildings shall constitute recreation facilities.

Recycling facilities.

1. Collection facility means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of 350 square feet or less and may include:
i. A mobile unit,
ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet, and
iii. Kiosk-type units which may include permanent structures; c. Large collection facilities which may occupy an area of more than 350 square feet and my include permanent structures.

2. Processing facility means a structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment, or to an end- user's specifications by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.

Processing facilities include the following types, both of which are included under the land use definition of "Recycling, Scrap and Dismantling Yards:" a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day.

Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility.

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3. Recycling facility means a center for the collection or processing of recyclable materials.

A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrial designated parcel used solely for the recycling of material generated on the parcel.

4. Recycling or recyclable material means reusable domestic containers or items including but not limited to glass, metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of being used in the altered form. Recyclable material does not include refuse or hazardous materials.

5. Reverse vending machine means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by State law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

6. Bulk reverse vending machine means a bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

Repair and maintenance—Consumer products means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re -upholstery and furniture repair.

Does not include shoe repair (included under "Personal Services"). Does not include businesses serving the repair needs of heavy equipment, which are included under "Business Support Services." Research and development means facilities for research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with amanufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under "Business Support Services," or medical laboratories, which are included under "Medical Services—Clinics and Labs." Residential accessory uses and structures means includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (swimming pools, spas and hot tub s, workshops, studios, greenhouses, garages and similar structures).

Residential care homes means facilities providing residential social and personal care for children, the elderly, and adults with some limitations on their ability for self-care, but where medical care is not a major element. Includes: children's homes; halfway houses; orphanages; rehabilitation centers; self - help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services—Extended Care." Residential dwelling unit—Apartments means a group of 5 or more dwellings set on one lot with common ownership of the land and building(s). The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.

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Residential dwelling unit—Duets means a pair of individual dwelling units within one residential structure, each with its own entrance, which share a common wall from ground to ceiling set al ong a property line with each unit located on a separate lot.

Residential dwelling unit—Duplex, triplex, fourplex means a group of two, three, or four dwellings, respectively, set on one common lot. The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.

Residential dwelling unit—Multi-family includes duplexes, triplexes, fourplexes, apartments, and residential condominiums. Excludes 'single-family attached' dwelling units and 'Duets'. A residence with an accessory dwelling unit authorized by Section 17.22.040 (Accessory dwelling uni ts) of this title shall not be considered multifamily housing.

Residential dwelling unit—Single-family attached means a group of three or more individual dwelling units contained within a single residential structure which share common walls from ground to ceiling along the side property lines; sometimes called a townhouse or row house. Typically, those units in the middle of a row shall have a zero lot line common wall with a unit on either side; and those units on either end of the row of townhomes shall have one common wall at zero lot line and the required setback of the zoning district on the other. Excludes 'Duets'.

Residential dwelling unit—Single-family detached means a dwelling, set on a separate lot, which shares no common walls with another house or dwelling.

Restaurant means a retail business selling food and beverages prepared on the site, where customers are able to consume the products on-premise even if products are purchased to be consumed off site.

Retail stores, general merchandise sales means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:
♦ Artists' supplies
♦ Auto parts (not repair or machine shops)
♦ Bakeries (retail only)
♦ Bicycles
♦ Books
♦ Cameras and photographic supplies
♦ Clothing and accessories
♦ Department stores
♦ Drug and discount stores
♦ Dry goods
♦ Fabrics and sewing supplies
♦ Florists and houseplants stores (indoor sales only—Outdoor sales are "Plant Nurseries") ♦ Sporting goods and equipment
♦ General stores
♦ Gifts, novelties and souveniers
♦ Hardware
♦ Handcrafted items (stores may include crafting operations subordinate to sales) ♦ Hobby materials
♦ Jewelry
♦ Luggage and leather goods
♦ Musical instruments, parts and accessories
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♦ Newsstands
♦ Orthopedic supplies
♦ Pet stores
♦ Religious goods
♦ Small wares
♦ Specialty shops
♦ Stationery
♦ Toys and games
♦ Variety stores
Roadside stands for agricultural products means accessory open structures not more than 400 square feet, 20 feet deep and 15 feet high for the retail sale of agricultural products (except hay, grain and feed sales included under "Farm Equipment and Supplies") located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "Crop Production."
Rooming house and boarding house means the renting of individual bedrooms within a dwelling to one or more persons whether or not meals are provided generally a rooming house provides meals.

Schools—College and university means community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

Schools—Elementary means public and private elementary, middle, and junior high schools serving kindergarten through eighth or nineth grade students, including denominational and sectarian.

Pre-schools and child day care are included under the definitions of "Child Day Care Centers" and "Family Care Homes."
Schools—Secondary means public and private high schools serving grades nine or ten through 12, including boarding schools and military academies.

Schools—Specialized education and training means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dance. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as exa mples).

Scrap and dismantling yards means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.

Second hand stores means indoor retail establishments that buy and sell used products, including but not limited to books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "Auto, Mobile Home, Vehicle and Parts Sales." Senior congregate care housing means a structure serving as a residence for a group of senior citizens 60 years of age or more) with central or private kitchen, dining, recreational and other A.3.e
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facilities, with separate bedrooms or living quarters. Limited medical care and supervision may also be provided, where the emphasis of the facility remains residential.

Senior housing means housing that is available only to seniors, in accordance with state and federal housing laws and guidelines.

Service station means a retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and repair services incidental to fuel sales. May also include accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle stora ge or parking spaces.

Setback line means a line established by this title to govern the placement of buildings or structures with respect to lot lines, street or alleys.

Shipping container means a receptacle designed to transport materials over long distances using multi-modal transport such as ships, railroad cars, and trucks. The receptacles are typically constructed of corrugated steel and are eight feet in width and 20 feet in length or larger.

Shopping center means a group of commercial establishments designed, built and managed as a unit. It provides on-site parking in proportion to the size, type and number of stores in the center.

Site means a lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.

Small family day care homes. See "Child Day Care Facilities." Sport facilities and outdoor public assembly means indoor and outdoor facilities for spectator- oriented sports, and other outdoor public assembly facilities for outdoor theater and concerts, which include: amphitheaters; stadiums and coliseums; arenas and field houses; race tracks; motorcycle racing and drag strips; and other sports that are considered commercial.

Stock cooperative means a development defined by Section 11003.2 of the Business and Professions Code and Section 1351(m) of the Civil Code, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.

Stone and cut stone products manufacturing means establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.

Storage, accessory means the indoor storage of various materials on a site where the principal use is not storage, where the storage supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use.

Storage, outdoor means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Storage, personal storage facility means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented or owned as individual storage spaces and characterized by low parking demand.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

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Street means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any o ther thoroughfare except an alley as defined herein.

Structure means anything constructed or erected, the use of which requires location on or in the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."
Structural alteration means any construction, reconstruction, alteration, demolition, removal of, or additions to, the supporting members of a building or structure, including, but not limited to, bearing walls, columns, beams, girders, rafters, or joists.

Structural clay and pottery products manufacturing means establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Handicraft Industries and Small Scale Manufacturing" or "Home Occupations." Textile and leather products manufacturing means establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing.

Theaters and meeting halls means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi -public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of "Sport Facilities and Outdoor Public Assembly." Transit stations and terminals means passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Trailer and camp trailer means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters (i.e., camp trailer) or the conduct of any business, trade or occupation or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as conveyance on highways and streets, propelled or drawn by other motor power. C amp trailers are considered structures for the purpose of this title when they are parked in a trailer camp or park.

Trailer camp and trailer park means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers.

Use, accessory means a use subordinate and incidental to the principal use of the same building site which does not alter the essential characteristics of the use considered as a whole or as related to other uses permitted in the same district.

Use, principal means any use which is not specifically defined and listed as an accessory use and which is the primary intended purpose for the building site.

Yard, front means a yard extending across the front of the lot between the side yard lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot fronts, the front yard measurement shall be taken from such official plan line to the nearest line of the building.

Yard, rear means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

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Yard, side means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

Variance means a permit issued to a landowner to construct a structure or engage in some action not otherwise permitted under the regulations of this title.

Vehicle and freight terminals means transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers.

Includes rail, air and motor freight transportation.

Vehicle repair, major means a place providing a full range of repair and maintenance services for motor vehicles, including any of the following:

1. Cylinder head replacement;

2. Valve grinding or replacement;

3. Clutch replacement;

4. Repair, replace transmission, rear end, rear axles, king pins;

5. Body work;

6. Engine, motor or transmission removal;

7. Fuel tank repair;

8. Radiator or heater core repair or replacement;

9. Painting;

10. Repair activities requiring the use of open flame or welding;

11. Exhaust system repair;

12. Repair activities requiring entry into the engine block;

13. Upholstery; or

14. Any repair activity not listed as minor vehicle repair.

Vehicle repair, minor means a place performing the following repair and maintenance services for motor vehicles not exceeding a gross vehicle weight of five tons carrying capacity, including any of the following:

1. Tune-ups. Major and minor tune-up involving spark plugs, points, condensers, valve adjustments, carburetor overhauls, adjustment of fuel injection systems, fuel pumps, and all necessary filters;

2. Lubrication. Oil changes and filter replacement, transmission and rear end oil changes;

3. Cooling System. Replacement of water pumps, heaters, and other hoses; replace thermostats; recharge air conditioners;

4. Drive Train. Replacement of driveshaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers;

5. Brakes. Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs;

6. Wheels. Adjustment of steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repairs;
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7. Electrical. Battery charging; remove, repair, and replace starters, alternators, generators, and regulators; rewiring of automobile and lights; repair or replacement of gauges; installation of radios;

8. Smog Checks;

9. Fuel System. Change and repair of fuel lines; replace fuel gauge sending unit; or

10. Any activity combining minor and major motor vehicle repair shall be defined as "Major Vehicle Repair." Excludes any activity that involves welding or an open flame, a paint booth, or repairs that typically require keeping a car for more than one day.

Vehicle sales and services means the sale or rental of automobiles, motorcycles, trucks, and recreational vehicles including display areas, incidental storage, and maintenance.

Vehicle storage means lots for the storage and parking of tow-away and towed vehicles, impound yards, and storage lots for vehicles, trucks, buses, and recreat ional vehicles. Excludes salvage and wrecking operations. Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling, Scrap and Dismantling Yards").

Vehicle washing means the washing, waxing, detailing, or cleaning of automobiles or vehicles equal to or less than one-half ton including the use of mechanical automobile washers.

Veterinary clinics and animal hospitals means office and entirely indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.

See also "Kennels and Animal Boarding."
Warehouse retail stores means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

Warehousing means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are inclu ded under "Storage, Personal Storage Facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").

Wholesaling and distribution means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies.

Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of f arm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies a marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

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 net acres; it is intended to provide for very low intensity residential development. The RE District is intended to provide sites for larger, distinctive A.3.e
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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 net 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 net 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 16 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 net 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 net 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.

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;

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;

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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 net acre) land use category of the General Plan. An average development density of one to eight units per net acre is now required in this overlay zone with a targeted density of at least six units per net 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. Within 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 I I. Some of the homes in this district are listed in the National Monterey Street Historic District. South of Fourth Street, the OldTown (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 net 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 Spec ial 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 densities from 12 to 35 dwelling units per net 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 net acre and the maximum density is not more than 12 units per net 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 net acre and the maximum density is not more 35 units per net acre without density bonus.

17.04.020 Residential zone land uses and permit requirements.

The following Table 17.04-1 identifies the uses of land allowed by this Zoning Ordinance in each residential zone, and the land use permit required to establish each use, in compliance with this chapter.

Table 17.04-1 Residential Land Uses and Permit Requirements Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)

OT-M OT-H RWF
Residential Uses
Agricultural Employee
Housing
1-4 Employees
4+ Employees

P
CUP

NP
NP

NP
NP
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Apartments NP NP NP S&A S&A S&A S&A S&A S&A S&A Condominiums (15) NP NP NP S&A S&A S&A S&A S&A S&A NP Duets NP NP NP S&A S&A NP S&A S&A S&A S&A
Duplex NP NP
S&A

S&A S&A S&A NP S&A S&A(5) S&A(5) P(4)
Home Occupation (1) P P P P P P P P P P
Manufactured Home (2) P P P P NP NP P P P P
Mobile Home (3) P P P P NP NP P P P P
Mobile Home Parks NP NP
Residential Accessory
Uses and Structures
Less than 120 sq. ft.
(13)
More than 120 sq. ft.
(14)
Higher than 15 feet

P
BP
CUP

P
BP
CUP
Residential Care Homes
6 or fewer
7 or more

P
CUP

P
CUP
Accessory Dwelling
Units (6)
P P See
Note
7 See
Note
7 See
Note
7 NP P See
Note 7
See
Note 7
P
Single-Family—
Attached

NP NP NP S&A S&A S&A S&A S&A S&A NP
Single-Family—
Detached

P P NP
(8)
P NP
(8)
NP P P (8) CUP
(8)
P
Small Lot Housing NP APR NP S&A S&A NP S&A S&A S&A P Supportive Housing
Facility
7 or fewer
8 or more

Triplex, Fourplex NP NP NP S&A S&A S&A S&A S&A
(5)
S&A
(5)
S&A
(4)
Retail Uses
Bed and Breakfast Inns
(9)

NP NP NP NP NP NP CUP CUP CUP NP
Kennels CUP NP NP NP NP NP NP NP NP NP
Small Neighborhood
Market and
Convenience

CUP CUP CUP CUP CUP CUP CUP CUP CUP NP
Services, Public and
Semipublic Uses

Ambulance Services NP NP NP NP NP NP NP NP NP NP Clubs and Lodges CUP CUP NP NP NP NP CUP CUP CUP NP A.3.e
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Convalescent
Hospitals/Nursing
Homes (10)

CUP CUP CUP CUP CUP NP CUP CUP CUP CUP
Cultural Institutions
(Library, Museum)

CUP APR NP NP NP NP CUP CUP CUP NP
Child Day Care
Small Family
Large Family (11)

P
APR

P
APR
Child Day Care Centers
(lot size greater than
one acre)

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Hospitals (10) CUP CUP NP NP NP NP NP NP NP NP Libraries, Museums CUP CUP CUP CUP CUP NP CUP CUP CUP CUP Park and Recreation
Facilities

CUP CUP CUP CUP CUP NP CUP CUP CUP CUP
Parking Lots and
Structures

NP NP NP S&A S&A NP S&A S&A S&A NP
Religious Assembly (12) P P P P P NP P P P P
Schools—Public/Private CUP CUP CUP CUP CUP NP CUP CUP CUP CUP Telecommunications
Facilities

Major
Minor
Public Utility or Safety
Facilities (10)
Utilities—Minor
NP
P
CUP

P
NP
P
CUP

P
NP

CUP

P
NP

CUP

P
NP

CUP

P
NP

CUP

P
NP

CUP

P
NP

CUP

P
NP

CUP

1 Permit Requirement
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.

AP Administrative Permit issued at Development Services Department.

APR Administrative Permit Review and approval by the Development Review Committee (DRC) for compliance with standards without a public hearing. mTUP Minor Temporary Use Permit.

MTUP Major Temporary Use Permit.

CUP Conditional Use Permit required with Planning Commission approval.

S&A Site and Architectural Review required with Planning Commission approval.

NP Not Permitted.

Additional Use Regulations and Notes:
(1) See Section 17.22.130 (Home Occupations) for uses allowed and permit requirements. (2) Manufactured homes permitted on a permanent foundation subject to standards for the applicable district. (3) Mobile homes permitted on a permanent foundation where the development complies with the residential development standards and the minimum development density for the applicable district.

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(4) These types of housing are permitted in the RWF zoning district provided the overall density standards for the Specific Plan are met. (5) On corner lots, an entrance shall be oriented to each street frontage. On interior lots, the unit shall be designed to maintain a single-family residential appearance from the street frontage with access to the second unit, parking and utilities concealed from the street. (6) Accessory dwelling units are permitted where performance standards in Section 17.22.040 (Accessory dwelling units) can be met. Accessory dwelling units are permitted only on lots occupied by one existing or proposed detached single-family dwelling. (7) Permitted where a single-family residence was established on a legal lot that is less than 8,000 square feet in size and the accessory second unit complies with the standards in Section 17.22.040 (Accessory dwelling units) and there is future multifamily development on the parcel or lot consolidation with adjoining parcels to accommodate future multifamily development. (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) See Section 17.22.080 for bed and breakfast requirements. (10) Establishment of the land use is prohibited if the property is located in the Flood Hazard Overlay zone. (11) See Section 17.22.140 (Large family child care homes) requirements. (12) Places of religious worship allowed provided all the conditions in Section 17.22.180 (Religious assembly) are met. (13) Setback is 18 inches for structures less than 120 square feet or eight feet high. (14) Setback is five feet for accessory structures more than 120 square feet or eight feet high. A three-foot setback may be allowed for a structure with a fire wall that complies with the California Building Code. (15) See Chapter 16.17 "Conversion of multifamily rental units" for information on condominium conversion requirements. (16) All projects within the performance overlay (PZ) zoning district which utilize the standards of the performance overlay which do not meet the standards of the base zoning district, shall be subject to conditional use permit approval by the planning commission in addition to any other entitlement requirements.

17.04.030 Residential general development standards.

New land uses and structures, and alterations to existing uses or structures shall be designed and constructed in compliance with the following requirements in Table 17.04-2 Residential Lot Size, Lot Area, and Density Requirements by District, Table 17.04-3 Residential Standards for Lot Width, Depth, Coverage and Building Height, Table 17.04-4 Residential Standards for Yards, and standards in Section 17.04.060(C) (West Fairview Road Standards) of this chapter.

A. General Site Planning and Development Standards for Existing Dev eloped Areas and New Residential Development. Infill, new land uses and structures, and alterations to existing land uses and structures, shall be designed and constructed in compliance with the following requirements.

Sense of Place. New residential development shall reinforce the small town-character of Hollister and reinforce a sense of place with the following strategies:

1. The majority of the architectural entry features shall face the street. Front porches are encouraged to promote natural surveillance.

2. Developments shall incorporate varied lot widths, size and floor plans on a street block.

3. Encourage the Performance Overlay Zoning District as an alternative development pattern to integrate a variety of housing types and densities within a block.

4. Encourage residences with attached porches and garages placed back from the street or accessed from rear alleys to promote visual interest, neighborhood interaction, and facilitate natural surveillance.

5. Require variation of design of residences in tract developments to reduce monotony and create variety and interest. A reasonable difference in the massing and composition (not just finish) of each adjacent dwelling unit shall be accomplished. One design should not be repeated more frequently than each fourth dwelling unit. Each street block shall also include a variety of model elevations.

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6. Neck down or bulbed intersections with decorative paving at crosswalks are encouraged at primary intersections, parks or tot lots.

7. Allow with a conditional use permit the establishment of small scale neighborhood markets to promote a sense of community and a pedestrian friendly walkable community.

8. The height and mass of new structures shall be consistent with those of the adjacent properties in the neighborhood.

B. Parking/Garages.

1. Garage doors shall be adequately set back to keep the sidewalk clear of vehicles at all times.

2. Front entry garages shall be recessed behind the street façade of the principal residential structure except for side-entry garages.

3. Variation of garage placement on a lot shall be incorporated into major subdivision designs.

Garages that are located behind the principal residential structure or are rear-entry accessible from alleys are strongly encouraged to reduce the visual prominence of the garage on the streetscape.
a. Tandem garages should be encouraged as an alternative to three-car garages. b. Three-car garages shall not be allowed on lots with widths of less than 60 feet unless the garage is detached and recessed behind the residence.
c. A perpendicular deviation of no more that five feet between the driveway lip and the main garage entry shall be required to avoid egress back-up hazards.

4. Multifamily developments shall be oriented to the street, with covered architectural entry features or front porches that provide direct access to the street. Parking areas should be located to the rear of the dwelling units wherever possible in order to promote neighborhood interaction, provide "eyes on the street", and ensure a more pedestrian- friendly streetscape.

C. Connection shall be incorporated into residential development to collector/arterial streets, public facilities, shopping or residential neighborhoods to provide connectivity between neighborhoods, safe routes to schools and a healthy community in compliance with Section 17.18.030, General pedestrian, bicycle and parking regulations.

1. A grid or loop street network shall be required instead of cul-de-sacs. Where cul-de-sac streets are located due to existing development patterns, terrain or traffic safety, the length shall be limited to 400 feet.

2. A 20-foot wide pedestrian/bicycle/transit connection shall be integrated into cul-de-sacs and subdivision designs where loop streets or cul-de-sacs impede direct access to surrounding properties.

D. Accessible Construction.

1. At least ten percent of the residences in a major subdivision shall include provisions for one accessible entry, bedroom and bathroom.

2. At least ten percent of the dwelling units in a multifamily housing development shall incorporate at least one accessible entry, bedroom and bathroom.

E. Energy Efficiency. Solar access to surrounding properties shall be maintained through the siting and orientation of buildings and two- and/or three-story residences.

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F. Front Yard Paving. The use of pervious paving is preferred in the front yard. Impervious solid surfaces such as poured concrete, asphalt and mortared paving (e.g., brick or tile) shall be limited to the driveways not to exceed 20 feet in width for a single family residence and six -foot wide walkways to the front door and side yards. Paving materials that allow water to penetrate to the subsurface may be allowed in other parts of the front yard. Increases in the amount of allowable solid surface paving may be approved with an Administrative Permit from the Engineering Department if necessary to provide safe ingress and egress to the site or for health and safety.

G. Consolidation of Parcels. Prior to the approval for a development of any multi-unit development project that includes more than one parcel, the parcels shall be merged, or otherwise consolidated, in a manner consistent with the city of Hollister subdivision ordinance and Subdivision Map Act. The intent of this requirement is to provide a guarantee of common ownership, maintenance and management of multi-unit projects.

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

Minimum Lot Size (5)

Lot Area per
Dwelling Unit
(Minimum)

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

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

Corner: 6,500 sq. ft.
1 housing unit per
5,400 sq. ft. of site area
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 for the
first 10,000 sq. ft. and
3,600 sq. ft. for each
additional unit
Attached: 3,600 sq. ft.

Detached: 2,500 sq. ft.

Min. of 8 units per acre
with a max. of 12 units
per net acre
(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
2,900 sq. ft. Min. of 12 units per
acre with a max. of 35
units per net acre
(R4-20) High Density
Multifamily
One acre 2,900 sq. ft. Min. of 20 units per
acre with a max. of 35
units per net acre
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Residential
District (5)
(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
Attached: 3,600 sq. ft.

Detached: 2,500 sq. ft.

Min. of 8 units per acre
with a max. of 12 units
per net 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.

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
1 bedroom/studio:
1,600 sq. ft.
2+ bedrooms: 12-16
units, 2,900 sq. ft.
16-35 units: 2,200 sq.
ft.

Min. of 12 units per
acre with a max. of 35
units per net acre
West Fairview Road
(RWF)
See Section

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 conforming 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 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 conditional 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.

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(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. (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.

17.04.050 Old Town Zoning District supplemental design standards.

A. Architecture and Site Design. The Old Town Zoning District encompasses an area that is characterized primarily by buildings constructed before the founding of Hollister in 1876 to just before World War II. The buildings in the area include a variety of architectural styles and range of sizes. They also reflect an integration of income levels and social classes within the neighborhoods. Some of the homes interspersed in the area were constructed after World War II and have a contemporary style. Although these are established neighborhoods, there remain opportunities for infill development within the Old Town zone district. Infill development must compliment the scale and architecture of the area.

The purpose of these design standards is to promote infill development that reflects the architectural styles and site development patterns that were used prior to World War II. These standards are intended to promote structures with a style and massing that are complimentary and compatible with earlier architectural styles of the area. Structures shall be sited to be compatible with predominate p attern in a block as observed from the street frontage of the block.

1. Single-Family Dwellings. New single-family dwellings in the OT zone district shall be in keeping and compatible with one of the following representative architectural styles of the area: American Foursquare, Craftsman, Gothic Revival, Italianate, Mediterranean Revival, Mission Revival, Neo- Classical Revival, Prairie Style, Queen Anne, Shingle Style, Tudor Revival.

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Fig. 17.04-01 Architectural Styles

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Fig. 17.04-02 Architectural Styles

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Fig. 17.04-03 Architectural Styles

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Fig. 17.04-04 Architectural Styles

a. Design Standards.
i. Raised foundations;
ii. Articulated or modulated fronts with porches or entrance stoops; iii. Steps leading to a front porch or stoop;
iv. Distinctive front entrances facing the street;
v. Mixture of siding materials that terminate or transition at appropriate locations; vi. Distinctive ornamentation;
vii. Variety of roof forms;
viii. Garages or carports shall be set back behind the front of the house or accessed from an alley.
b. Additions to existing structures shall be designed to integrate with the existing building and incorporate its defining architectural characteristics and details. It is preferred that materials match those used when the building was originally constructed; however, suitable alternatives will be considered on a case by case basis with material, appearance, application, and location all given consideration.

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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 net 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 net 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:
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?
B. Parking Structures and Access. Wherever possible, access should be directed to an alley. On parcels without alley access, driveways shall be on the side yard the garage recessed behind the main house. Driveways should not exceed 16 feet in width.

1. Interior Lots. Garages in multifamily developments shall be accessible from alleys or the interior of the development and shall be oriented way from public streets.

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2. Parking. Parking shall be directed to rear alleys, the side, and interior or rear yard o f lots to maintain the predominant street pattern in the Old Town area. Parking courts shall be screened from view with landscaping or interesting architectural elements that provide visual interest for pedestrians. The use of permeable paving is encouraged.

C. Landscaping and Street Trees.

1. Existing Trees. Existing trees greater than four inches in diameter at a distance of four feet above grade shall be retained and incorporated into site development. a. Front Yard. All front yards shall be landscaped and include at least one tree. b. Street Trees. Each street frontage of a site shall be planted with one tree from the Old Town street tree list as approved and updated from time to time by the city of Hollister. Location of trees shall be subject to the approval by appropriate City staff, taking that shall take into consideration such things as and utility locations, driveway placement, and other circumstances that may affect improvements in the area as well as the health and condition of the trees and improvements in the area.
c. Planter Strips. Planter strips adjacent to the street shall be landscaped. Paving coverage in planter strips shall not 20 percent of the aggregate planter strip area.

17.14.010 Residential Performance Overlay Zoning District.

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 water courses in new development;

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 net acre) land use category of the General Plan. An average development density of one to eight units per net acre is required in this overlay zone with a targeted minimum density of at least six units per net 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 net acre) land use category of the General Plan. An average development density of eight to 12 units per net 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 net acre) land use category of the General Plan. An average development density of 12 to 35 units per net acre is required in this overlay zone.

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B. Performance Overlay Zoning District Development Requirements.

1. Lot Size Variation. Lot size may vary from the base zoning district with a Performance Agreement as follows:
a. Lots may be reduced below the minimum of the based zone to not less than 2,500 square feet for lots created where the base General Plan designation is low density residential or medium density residential.
b. The lot size may be reduced to less than two thousand five thousand 2,500 square feet and the building height may be increased to 75 feet where the General Plan designation is high density residential.

2. Performance Agreement. A Performance Agreement shall be required for any subdivision or residential development with a variation in lot sizes allowed by this section. The approved Performance Agreement shall be recorded on each lot as a deed restriction. At a minimum, the recorded Performance Agreement shall include the following:
a. Standards for each lot within the subdivision, including but not limited to lot coverage, yards (front, side and rear) for dwelling units and accessory buildings, landscaping and storage; b. A plan for the shared maintenance of useable open space subject to review and approval of the city of Hollister;
c. A plan for the shared maintenance of private roads, sidewalks, other subdivision improvements subject to the review and approval of the city of Hollister; d. Standards for conversion of accessory buildings or nonhabitable portions of buildings (e.g., garages) for human habitation;
e. The Approved Performance Agreement for the construction of dwelling units shall be in conformance with the requirements of subsection C (Finding for Approval of a Performance Agreement) of this section.

3. Housing Types. The range of housing types and densities allowed in the R1, R2, R3 and R4 Zoning Districts shall be allowed subject to the approved Performance Agreement. These housing types include single family homes, small lot homes, and zero lot line homes, manufactured homes on a permanent foundation, duplexes, triplexes, fourplexes, multi-family homes, condominiums and row houses.

4. Future Subdivision. Since the purpose of the district is to allow flexibility in development design while maintaining the density of the base zoning district, a lot once subdivided and recorded under the provisions of the approved Performance Agreement shall not be further divided or significantly reduced in area unless the lot was created as a "remainder lot" under the provisions of th e California Subdivision Map Act.

5. Minimum Lot Sizes Near Subdivision Boundary. Lots located contiguous to an existing residential development shall be similar in size to the adjoining residential zoning district unless it can be found that one of the following conditions exists:
a. That the project boundary is contiguous to a street; b. That the lot is contiguous to properties within a zoning district and general plan designation with a higher or lower development density and the lot sizes would not have been similar; c. The project boundary will abut open space or a nonresidential land use; d. Transitional setbacks and landscaping is incorporated into the project design to assure that the new development is of a scale and character that will preserve and enhance the character of the existing residential neighborhood.

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6. Setbacks, Lot Coverage. The setbacks and lot coverage requirements established in the R1, R2, R3, R4 and OT Zoning Districts shall be applied to the housing type approved the performance agreement.

Where there is a mix of housing types, the more restrictive setback shall apply.

C. Finding for Approval of a Performance Agreement. The variation of lot sizes and clustered development in the approved performance agreement will fulfill General Plan goals:

1. The development avoids encroachment on watercourses and drainage areas;

2. The development design and improvements provide pedestrian and bicycle connectivity between developments to assure safe routes to schools and reduced vehicle trips;

3. The development is designed to provide a diversity of housing types and sizes;

4. The development includes the provision of usable open space with a mechanism for maintenance of the open space areas;

5. The development is designed to preserve and enhance the character of the surrounding residential neighborhoods;

6. The development design will contribute to stable and attractive neighborhoods;

7. The average development density is not less than the average and not more than the maximum development density for the applicable general plan land use designation;

8. Where the base general plan designation is high density residential, at least 30 percent of the housing stock shall be multifamily rental housing.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 3, 2022
SUBMITTED: August 19, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330

TITLE OF ITEM: ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE EXISTING SHOPPING CART ORDINANCE

DESCRIPTION: Second Reading of an amendment to section 9.30 SHOPPING CART CONTAINMENT of the Hollister Municipal Code to add requirements such as electronic deterrent system, fees and penalties.

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

DEPARTMENT SUMMARY: Code Enforcement and the Hollister Police Department have received numerous complaints from residents concerning shopping carts throughout our city. Shopping carts from existing businesses are frequently removed from the premises of the business and used by individuals to carry belongings around our city. Many of the items carried around the city in the carts include recycling products, personal belongings and contaminated and soiled property.

These carts are often abandoned on our streets, sidewalks and other public areas such as parks and on private property. The existing Cart Ordinance has not been as effective due to the frequency of the carts being removed, businesses not securing their cart and very little effort by the businesses in general to have their agents driving around our city retrieving their carts.

Staff has asked for modifications to our current ordinance to include features that will reduce the use of the carts in our community that is not consistent with the intended use by the business owners.

The City Attorney has reviewed this proposed modification to our existing ordinance which adds requirements, fines, fees and an Electronic Deterrent system as an option.

Business owners will be required to provide a Cart Containment Plan and have that plan approved by staff. A successful plan will restrict cart removal by the use of at least 2 of 6 options provided by the ordinance.

If the Containment Plan is ineffective, a Theft Deterrent System will be required.

This proposed ordinance amends section 9.30 Shopping Cart Containment. The ordinance will read as follows under TITTLE 9 PUBLIC PEACE, MORALS AND WELFARE.

CHAPTER 9.30. SHOPPING CART CONTAINMENT

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9.30.010 Definitions.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

Abandoned cart means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property, including, but not limited to, public parks, streets, sidewalks, and alleys.

Agent means the person or persons designated in the cart containment plan who the owner of the cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner.

Business establishment means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, a private club, or a membership store.

Cart or shopping cart means a basket which is mounted on wheels, or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. The term "cart" or "shopping cart" includes a laundry cart.

Cart containment plan means a document submitted by the owner of the cart pursuant to Section 9.30.070 of this chapter.

City means the city of Hollister.

Director means the director of public works or community development for the city of Hollister, or the director's designee.

Electronic deterrent system means a mechanical system which automatically locks the wheels of a shopping cart when the shopping cart is pushed outside the premises.

Typically, such systems include a brake on the shopping cart and a perimeter wire around the premises which triggers the brake on the shopping cart.

Officer means any person designated by the director to enforce the provisions of this chapter.

Owner means any business establishment that owns, leases, possesses, or makes a cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's agent.

Premises means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 1142, § 1, 2017)

9.30.020 Findings and purpose.

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A. Shopping carts and other carts, both abandoned and non -abandoned, constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic, as well as the use and enjoyment of public spaces, including without limitation public parks. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values and promote blight and deterioration.

B. The intent of this chapter is to ensure that measures are taken by owners to prevent the removal of carts from business premises and to facilitate the retrieval of lost, stolen, or abandoned carts in a manner that complements and supplements provisions of state law, and further to protect the health and safety of public parks. (Ord. 1142, § 1, 2017; Ord. 1196, § 1, 10-19-2020)

9.30.030 Applicability.

This chapter shall apply to all owners within the city of Hollister that provide carts for customer use or the public, as well as to all others using carts for any reason. (Ord. 1142, § 1, 2017; Ord. 1196, § 2, 10-19-2020)

9.30.040 Unauthorized removal and possession prohibited.

It is unlawful for any person to do any of the following:

A. To remove a shopping cart from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; B. To be in possession of a shopping cart that has been removed from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart;
C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof; or to remove or alter the serial number on a shopping cart; or to be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;
D. To possess, use, leave or abandon a shopping cart at any public or private property, including public parks, sidewalks, alleys, and streets, other than the business premises of the owner of the shopping cart, with the intent to temporarily or permanently deprive the owner of possession of the cart; and
E. To possess, use, leave, or abandon a shopping cart at any public park. This prohibition against shopping carts shall include, without exception, movement or transporting of a shopping cart over, across, or through a public park at any time or for any reason.

Any person who violates the provisions of this chapter is subject to enforcement procedures permitted by law, including, but not limited to, prosecution of a misdemeanor or infraction, civil action for injunction, administrative citations and enforcement procedures, and revocation of a use permit, if applicable. Enforcement may also include, without limitation, immediate removal of a cart from a public park and/or seizure and removal of a cart where the owner refuses to remove the cart from a public park or the owner is not identifiable.

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(Ord. 1142, § 1, 2017; Ord. 1196, § 3, 10-19-2020)

9.30.050 Cart identification and warning signs.

A. Every cart owned or provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:

1. Name of cart owner.

2. The address or valid telephone number of the cart owner.

3. Notice to the public that the removal of the cart from the premises is a violation of state law.

4. Notice that carts may not be removed from the premises without the express written consent of the owner.

B. Every owner must post and maintain cart removal warning s igns at all customer interior exits which meet all of the following minimum specifications:

1. Contains a statement in one or more languages that unauthorized removal of a shopping cart from the business premises is a violation of state law.

2. Be conspicuously and prominently displayed on the interior walls of the building within two feet of all customer exits.
(Ord. 1142, § 1, 2017)

9.30.060 Measures to prevent the removal of carts from business premises.

A. Within 180 days of the effective date of the ordinance codified in this chapter, owners shall implement two or more of the following measures to prevent the removal of carts from the business premises:

1. Increased signs directing customers not to remove the carts from the premises.

2. Employee assistance to carry purchases for the customer.

3. Providing personal carts for customers for rental or purchase.

4. Physical barriers located at doors, near loading areas or other defined perimeters that will prevent the passage of carts beyond the pr emises barriers. The physical barriers may also be placed on the carts themselves so that the carts cannot pass though door openings or other defined perimeters.

5. Electronic disabling devices on all carts, which are activated when they cross a barrier at the perimeter of the premises.

6. Any other reasonable containment measure that has been proven to be successful.

B. An owner must implement an effective combination of the measures described in subsection (A) in order to prevent the removal of carts from business premises. (Ord. 1142, § 1, 2017)

9.30.070 Mandatory cart containment plan.

Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement, and comply with the terms and conditions of an appro ved A.4
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Cart Containment Plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such Cart Containment Plan shall be submitted to the Police Department within 180 days of the effective date of this ordinance and shall be approved by the Director to be effective.

The mandatory Cart Containment Plan shall include the following elements:

A. Name of Owner. The name of the owner and the business name, the physical address where the business is conducted, name, address, and phone number(s) of the on-site and off-site owner if different.

B. Designation of agent for cart retrieval including direct contact information including phone, text, or email information.

C. Inventory of Carts. A complete list of all carts maintained on or in the premises.

D. Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited and is a violation of state and local law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, web site, or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the Hollister Municipal Code and shall be posted in multiple languages as necessary.

E. Cart Identification. Owners shall attach an example of the ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.

F. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the carts to the store, use of security personnel to prevent removal, security deposit for use of cart, or other demonstrable measures acceptable to the director that are likely to prevent cart removal from the premises. The plan must contain at least one physical containment measure.

G. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein no less frequently than annually.

H. Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within 24 hours.

Once an initial plan implementing an effective Cart Containment Plan is approved, such plan shall be re-submitted for renewal every two years at least (30) days prior to the businesses business license renewal application.
(Ord. 1142, § 1, 2017)

9.30.080 Plan approval or denial and penalties.

A. The officer may approve or deny the proposed plan and notify the owner of such decision within 30 days of receipt. If approved, the cart containment plan shall be implemented by the owner no later than 30 days from the date of approval.

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B. A plan may be denied based upon one or more of the following grounds:

1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county , state or federal law which substantially affects public health, welfare, or safety in this chapter.

2. The plan fails to include all of the information required by this chapter.

3. The plan is insufficient or inadequate to prevent removal of carts from the premises.

4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.

5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.

C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. If the plan is rejec ted as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.

D. An owner who fails to submit a complete plan to the sa tisfaction of the officer or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.

E. The officer's decision to deny a plan may be appealed to the director.

F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)

9.30.090 Plan modification.

At any time after the officer's approval of any Cart Containment Plan, the owner may submit to the officer, along with the appropriate fee, a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan. (Ord. 1142, § 1, 2017)

9.30.100 Electronic Theft Deterrent System Required

Electronic theft deterrent systems are required for the following businesses:

electronic theft deterrent system, if none already present, within ninety (90) calendar days of notification by the Director. If an electronic theft deterrent system has already been installed, the owner shall revise its Cart Containment Plan to include, and shall implement, supplemental loss prevention measures to ensure that the shopping cart thefts and abandonment cease.

B. New Commercial and Industrial Businesses. All new commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart electronic theft system at their business premises.

C. Existing Development. All existing commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart theft deterrent system at their business premises when constructing any tenant improvement project that exceeds a cost of one hundred thousand dollars ($100,000.00).

Owners who are required to install electronic theft deterrent systems in accordance with this article shall maintain the systems in working order.

9.30.110 Power to Contract.

The city may, in accordance with the applicable city policies and as approved by the city Council, cause the city to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business & Professions Code section 22453.10 et seq.

9.30.120 Authority to impound.

The city may retrieve and impound any shopping cart left on public or private property when the shopping cart has a sign permanently affixed as required by 9.30.050 of this chapter. The city shall deem discarded any shopping cart that lacks the signs required by 9.30.050 of this chapter and may retrieve and immediately dispose of any shopping cart without a sign permanently affixed.

9.30.130 Notice of retrieval or location.

The city may opt not to retrieve a shopping cart left on public or private property and instead notify the shopping cart owner of the shopping cart’s location.

9.30.140 Reclamation of shopping cart by owners.

Any shopping cart reclaimed by its owner within three (3) business days following the date of receipt of actual notice of impoundment or notice of the shopping cart’s location shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound or storage fees or fines that otherwise would be applicable pursuant to section 9.30.150 and 9.30.180. Any shopping cart reclaimed within three (3) business-day period shall not be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080. Any shopping cart that is allowed to remain unclaimed on public or private property or at the place of storage for longer than three (3) business days following receipt by the owner of the shopping cart’s A.4
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location shall be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080 and shall be subject to any impound or storage fees.

9.30.150 Fees.

Every owner who is required to submit a mandatory cart containment plan or an application for a modified cart containment plan pursuant to this chapter shall submit with the plan or plan modification, a fee for review of the plan or plan modification in the amount set forth in the schedule of fees established by resolution of the city council. (Ord. 1142, § 1, 2017)

9.30.160 Enforcement.

This chapter shall be enforced by the code enforcement division of the city of Hollister, or such other department designated by the city manager to administer this chapter. (Ord. 1142, § 1, 2017)

9.30.170 Retrieval notification.

The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notification shall be documented and provided either by telephone or by written notice. The notificatio n shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval under state and local law. The city may immediately dispose of any abandoned cart that lacks an identification sign required by this chapter.
(Ord. 1142, § 1, 2017)

9.30.180 Administrative costs and fines.

Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) after receiving the three -day notice by the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Consistent with state law, any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period shall be subject to an additional $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner found off -site in a one-day period. (Ord. 1142, § 1, 2017)

FINANCIAL IMPACT: No financial impact. Existing employees already on patrol will respond and cite offenders. Possible additional revenues into the City’s general fund in the form of fines paid by violators.

CEQA: N/A

ATTACHMENTS:

1. CHAPTER_9.30._SHOPPING_CART_CONTAINMENT_Redline2

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1221

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE EXISTING

SHOPPING CART ORDINANCE

WHEREAS, shopping carts on our sidewalks, streets and other public and private areas in our community is an ongoing problem causing a nuisance in our community; and

WHEREAS, the constant use of the carts by residents to transport property and other unsanitary uses outside of the intent of the carts to be used in by their original owner; and

WHEREAS, the existing ordinance is in need for modifications to increase the effectiveness of the ordinance; and

WHEREAS, there is a need to add language, fines, penalties and a new requirement for an Electronic Deterrent System; and

WHEREAS, the responsibility of the carts should be addressed by those companies who own them and who have not taken sufficient steps to address their misuse; and

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain the following changes to the existing ordinance as follows:

The ordinance of the City of Hollister amending the shopping cart containment ordinance in TITLE 9– Public Peace, Morals and Welfare.

CHAPTER 9.30. SHOPPING CART CONTAINMENT

9.30.010 Definitions.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

Abandoned cart means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either publi c or private property, including, but not limited to, public parks, streets, sidewalks, and alleys.

Agent means the person or persons designated in the cart containment plan who the owner of the cart authorizes as the person(s) to perform or provide retr ieval services on behalf of the owner.

Business establishment means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the ge neral public, a private club, or a membership store.

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Cart containment plan means a document submitted by the owner of the cart pursuant to Section 9.30.070 of this chapter.

City means the city of Hollister.

Director means the director of public works or community development for the city of Hollister, or the director's designee.

Electronic deterrent system means a mechanical system which automatically locks the wheels of a shopping cart when the shopping cart is pushed outside the premises.

Typically, such systems include a brake on the shopping cart and a perimeter wire around the premises which triggers the brake on the shopping cart.

Officer means any person designated by the director to enforce the provisions of this chapter.

Owner means any business establishment that owns, leases, possesses, or makes a cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's agent.

Premises means the entire area owned, occupied, and/or utilized by an owne r which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 1142, § 1, 2017)

9.30.020 Findings and purpose.

A. Shopping carts and other carts, both abandoned and non-abandoned, constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic, as well as the use and enjoyment of public spaces, including without limitation public parks. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values and promote blight and deterioration.

B. The intent of this chapter is to ensure that measures are taken by o wners to prevent the removal of carts from business premises and to facilitate the retrieval of lost, stolen, or abandoned carts in a manner that complements and supplements provisions of state law, and further to protect the health and safety of public parks. (Ord. 1142, § 1, 2017; Ord. 1196, § 1, 10-19-2020)

9.30.030 Applicability.

9.30.040 Unauthorized removal and possession prohibited.

It is unlawful for any person to do any of the following:

A. To remove a shopping cart from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; B. To be in possession of a shopping cart that has been removed from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart;
C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof; or to remove or alter the serial number on a shopping cart; or to be in possession of any shopping cart with serial numbers removed, obliterated , or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;
D. To possess, use, leave or abandon a shopping cart at any public or private property, including public parks, sidewalks, alleys, and streets, other than the business premises of the owner of the shopping cart, with the intent to temporarily or permanently deprive the owner of possession of the cart; and
E. To possess, use, leave, or abandon a shopping cart at any public park. This prohibition against shopping carts shall include, without exception, movement or transporting of a shopping cart over, across, or through a public park at any time or for any reason.

9.30.050 Cart identification and warning signs.

A. Every cart owned or provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:

1. Name of cart owner.

2. The address or valid telephone number of the cart owner.

3. Notice to the public that the removal of the cart from the premises is a violation of state law.

4. Notice that carts may not be removed from the premises without the express written consent of the owner.

B. Every owner must post and maintain cart removal warning signs at all customer interior exits which meet all of the following minimum specifications:

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1. Contains a statement in one or more languages that unauthorized removal of a shopping cart from the business premises is a violation of state law.

2. Be conspicuously and prominently displayed on the interior walls of the building within two feet of all customer exits.
(Ord. 1142, § 1, 2017)

9.30.060 Measures to prevent the removal of carts from business premises.

1. Increased signs directing customers not to remove the carts from the premises.

2. Employee assistance to carry purchases for the customer.

3. Providing personal carts for customers for rental or purchase.

4. Physical barriers located at doors, near loading areas or other defined perimeters that will prevent the passage of carts beyond the premises barriers. The physical barriers may also be placed on the carts themselves so that the carts cannot pass though door openings or other defined perimeters.

5. Electronic disabling devices on all carts, which are acti vated when they cross a barrier at the perimeter of the premises.

6. Any other reasonable containment measure that has been proven to be successful.

B. An owner must implement an effective combination of the measures described in subsection (A) in order to prevent the removal of carts from business premises. (Ord. 1142, § 1, 2017)

9.30.070 Mandatory cart containment plan.

Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement, and comply with the terms and conditions of an approved Cart Containment Plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such Cart Containment Plan shall be submitted to the Police Department within 180 days of the effective date of this ordinance and shall be approved by the Director to be effective.

The mandatory Cart Containment Plan shall include the following elements:

A. Name of Owner. The name of the owner and the bu siness name, the physical address where the business is conducted, name, address, and phone number(s) of the on-site and off-site owner if different.

B. Designation of agent for cart retrieval including direct contact information including phone, text, or email information.

C. Inventory of Carts. A complete list of all carts maintained on or in the premises.

mail, announcements using intercom systems at the premises, web site, or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the Holliste r Municipal Code and shall be posted in multiple languages as necessary.

E. Cart Identification. Owners shall attach an example of the ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.

F. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so t hey cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the carts to the store, use of security personnel to prevent removal, security deposit for use of cart, or other demonstrable measures acceptable to the director that are likely to prevent cart removal from the premises. The plan must contain at least one physical containment measure.

H. Mandatory Cart Retrieval. A plan for retrieval of abandoned cart s by the owner within 24 hours.

9.30.080 Plan approval or denial and penalties.

B. A plan may be denied based upon one or more of the following grounds:

1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety in this chapter.

2. The plan fails to include all of the information required by this chapter.

3. The plan is insufficient or inadequate to prevent removal of carts from the premises.

4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.

5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.

C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. If the plan is rejected as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.

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D. An owner who fails to submit a complete plan to the satisfaction of the officer or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.

E. The officer's decision to deny a plan may be appealed to the director.

F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)

9.30.090 Plan modification.

9.30.100 Electronic Theft Deterrent System Required

Electronic theft deterrent systems are required for the following businesses:

A. Cart Containment Plan deemed ineffective. A Cart Containment Plan shall be deemed ineffective if, during any three (3) month period, more than one (1) of an owner’s shopping carts are found abandoned in the public righ t-of-way and have not been timely retrieved in accordance with the Cart Containment Plan. In such case, the Director shall provide the owner with written notification that its Cart Containment Plan has been deemed ineffective. The owner shall then submit to the Director a written plan to remedy the problem, which the owner shall then implement. If the Cart Containment Plan is deemed ineffective a second time, the owner shall be required to install an electronic theft deterrent system, if none already presen t, within ninety (90) calendar days of notification by the Director. If an electronic theft deterrent system has already been installed, the owner shall revise its Cart Containment Plan to include, and shall implement, supplemental loss prevention measures to ensure that the shopping cart thefts and abandonment cease.

C. Existing Development. All existing commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart theft deterrent system at their business premises when constructing any tenant im provement project that exceeds a cost of one hundred thousand dollars ($100,000.00).

Owners who are required to install electronic theft deterrent systems in accordance with this article shall maintain the systems in working order.

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9.30.110 Power to Contract.

9.30.120 Authority to impound.

9.30.130 Notice of retrieval or location.

The city may opt not to retrieve a shopping cart left on public or private property and instead notify the shopping cart owner of the shopping cart’s location.

9.30.140 Reclamation of shopping cart by owners.

Any shopping cart reclaimed by its owner within three (3) business days following the date of receipt of actual notice of impoundment or notice of the shopping cart’s location shall be released and surrendered to the owner at no charge whatsoever, inclu ding the waiver of any impound or storage fees or fines that otherwise would be applicable pursuant to section 9.30.150 and 9.30.180. Any shopping cart reclaimed within three (3) business-day period shall not be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080. Any shopping cart that is allowed to remain unclaimed on public or private property or at the place of storage for longer than three (3) business days following receipt by the owner of the shopping cart ’s location shall be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080 and shall be subject to any impound or storage fees.

9.30.150 Fees.

Every owner who is required to submit a mandatory cart containment p lan or an application for a modified cart containment plan pursuant to this chapter shall submit with the plan or plan modification, a fee for review of the plan or plan modification in the amount set forth in the schedule of fees established by resolution of the city council. (Ord. 1142, § 1, 2017)

9.30.160 Enforcement.

This chapter shall be enforced by the code enforcement division of the city of Hollister, or such other department designated by the city manager to administer this chapter. (Ord. 1142, § 1, 2017)

9.30.170 Retrieval notification.

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The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval under state and local law. The city may immediately dispose of any abandoned cart that lacks an identification sign required by this chapter.
(Ord. 1142, § 1, 2017)

9.30.180 Administrative costs and fines.

Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) after receiving the three -day notice by the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Consistent with state law, any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specifie d six-month period shall be subject to an additional $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner found off -site in a one-day period. (Ord. 1142, § 1, 2017)

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 3rd day of October, 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. 1221 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 3rd day of October, 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 October, 2022.

Bonnie Gawf, CMC

Interim City Clerk of the City of Hollister
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TITLE 9 ‐ PUBLIC PEACE, MORALS AND WELFARE
CHAPTER 9.30. SHOPPING CART CONTAINMENT

Hollister, California, Code of Ordinances Created: 2022‐06‐14 12:37:44 [EST] (Supp. No. 5)

Page 1 of 8 ends

Hollister City CouncilOctober 3, 2022

Hollister City Council
October 3, 2022