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
Jennifer Woodworth
POLICE CHIEF
Carlos Reynoso
CITY TREASURER
Anietra Gomez
CITY COUNCIL AGENDA
Regular Meeting
December 5, 2022
6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.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 will be closed, and the matter brought to the City Council for discussion.
Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by Noon on the day of the City Council meeting.
PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:
City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx
City Council Monday, December 5, 2022 Page 2 of 6
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_yLkDe9bBTZ62a_xUC4VKbQ
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
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, and A6.
1. The minutes of the Regular Meeting of City Council November 21, 2022
2. Resolution No. 2022-204 a Resolution of the City Council of the City of Hollister Authorizing the Mayor to Execute a Letter of Support for San Benito County Water District's Accelerated Drought Response Project (ADRoP) (City Manager)
BRIEF DESCRIPTION: The City Council will consider a Resolution authorizing the Mayor to execute a letter of support for San Benito County
City Council Monday, December 5, 2022 Page 3 of 6
Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation.
RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution authorizing the Mayor to execute a letter of support for San Benito County Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation.
3. Claim Against the City - Filed by Jacqueline Barajas (City Clerk)
BRIEF DESCRIPTION: Jacqueline Barajas filed a claim against the City on November 21, 2022.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
4. Ordinance No. 1223 an Ordinance of the City of Hollister, Adding Chapter 9.09 to Title 9 Public Peace, Morals, and Welfare, of the Hollister Municipal Code, Relating to Use and Trespassing Upon City Parking Lots and Garages -- Second Reading (Police)
DESCRIPTION: Second Reading of an amendment to section 9.09 - USE AND TRESPASSING UPON CITY PARKING LOTS AND GARAGES of the Hollister Municipal Code to add penalties for misuse of the locations.
RECOMMENDATION: Staff recommends the City Council adopt this Ordinance Amending Chapter 9.09 USE AND TRESPASSING UPON CITY PARKING LOTS AND GARAGES adding requirements, penalties for violations.
5. Ordinance No. 1224 an ordinance amending Chapter 15.04 of the City of Hollister Building Code, and adopting the California Building Standards Code 2022 Edition of the California Fire Code and Appendices Title 24, Part 9 (Fire)
DESCRIPTION: An Ordinance amending Chapter 15.04 Building Regulations of the Hollister Municipal Code, and adopting by reference, 2022 Edition of California Building Standards Code of the California Code of Regulations 2022 Edition California Fire Code and appendices Title 24, Part
9. RECOMMENDATION: Staff recommends that the City Council adopt an Ordinance of the City Council of the City of Hollister Amending Chapter
15.04 of the Hollister Building Code and adopting by reference - 2022 Edition California Fire Code and appendices Title 24, Part 9.
6. Resolution No. 2022-205 a Resolution of the City Council of the City of Hollister authorizing an agreement between the City of Hollister Animal Shelter and the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (Police)
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BRIEF DESCRIPTION: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $5,000. The grant will allow Hollister Animal Shelter to allocate the dollars for the needs of the shelter. The Hollister Animal Shelter would share five (5) years of historical intake and outcome data (2017-2021) and five (5) years of subsequent year(s) intake and outcome data (2022-2026) to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.
RECOMMENDATION: Adopt a Resolution authorizing the City Council of the City of Hollister to accept a $5,000 grant from Koret Shelter Medicine Program.
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF
THEREDEVELOPMENT AGENCY
C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
Receive report from City Manager.
2. Trainings and Conferences
Receive reports from staff on Training and Conferences.
E. PUBLIC HEARINGS
1. Ordinance No. 1225 an Ordinance of the City of Hollister amending the Zoning Ordinance to adopt Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits (ZOA 2022-2) (Planning)
DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to incorporate changes related to Senate Bill 9 (Gov. Code Sections 66452.6, 65852.21, and 66411.7) which came into effect January 1, 2022. The changes will bring the municipal code into conformance with the State Law and will allow for Urban Lot Splits and two- unit housing development within single-family residential zoning districts.
RECOMMENDATION: Hold a public hearing, read by title only, waive full reading and INTRODUCE an Ordinance of the City of Hollister amending
City Council Monday, December 5, 2022 Page 5 of 6
Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading, and adoption of the Ordinance for the December 19, 2022 City Council Meeting.
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. Resolution No. 2022-206 a Resolution of the City Council of the City of Hollister authorizing an agreement between the City of Hollister Animal Shelter and Best Friends Animal Society (Police)
BRIEF DESCRIPTION: Best Friends Animal Society will provide grant funding to Hollister Animal Shelter for the support of helping increase its overall save rate. The grant money will be used to offset the staffing/supply needs of Peer Mentor, as well as provide resources that can be used by the Hollister Animal Shelter and/or third-party partners to support life-saving work.
RECOMMENDATION: Adopt a Resolution authorizing the City Council of the City of Hollister to accept a $14,000 grant from Best Friends Animal Society.
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Reports from City Council Members regarding Committees on which they serve
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.
3. Council to receive an Recreational Vehicle Ordinance Report with options for potential changes (Police)
BRIEF DESCRIPTION: This action item will present current Recreational Vehicle (RV) ordinance to council, provide reason for the current status and provide options for potential changes.
RECOMMENDATION: Staff requests the city council receive the report and provide direction on this matter and, if needed, come back with the modified ordinance proposal by January which incorporates the council’s direction.
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 Council to staff to be created and placed on each agenda under Unfinished Business.
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RECOMMENDATION: Staff recommends the City Council receive the report and hold a discussion, if so desired.
I. NEW BUSINESS
None.
J. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300.
Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 4:30 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:
Special City Council Meeting -- Monday, December 12, 2022, at 6:30 PM Regular City Council Meeting -- Monday, December 19, 2022, at 6:30 PM Regular City Council Meeting -- Tuesday*, January 17, 2022, at 6:30 PM (*Due to Martin Luther King, Jr. Holiday).
CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Regular Meeting
November 21, 2022
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
Mayor Velazquez called the meeting to order at 6:00 p.m. The Mayor and Council Members Perez, Resendiz, Morales, and Burns were present.
CLOSED SESSION - 6:00 P.M.
City Attorney Lerner read the title of the closed session item.
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
1. Government Code Section 54956.9(d)(1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Pulido v. City of Hollister, et al., San Benito County Superior Court Case No. CU-21-00033
Public Comment (limited to any item listed on the Closed Session agenda) There were no public comments on the closed session item.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adjourn to closed session.
The motion carried by a vote of 5-0-0.
The Council convened to closed session at 6:01 p.m.
The closed session adjourned at 6:20 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Burns led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on November, 21, 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
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Tim Burns District 4 Present
Mary F. Lerner City Attorney Present
Jennifer Woodworth City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present
VERIFICATION OF AGENDA POSTING
City Clerk Woodworth verified the agenda for the City Council of the City of Hollister regular meeting of November 21, 2022 was posted on the bulletin board at City Hall on November 16, 2022 at 3:00 p.m. per Government Code Section 54954.2.
CLOSED SESSION - REPORT OUT
City Attorney Lerner reported there were no reportable actions taken during closed session.
PROCLAMATIONS/RECOGNITIONS
None.
A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.
Concilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt the Consent Agenda. The motion carried by a vote of 5-0-0.
RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent items are numbers: A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, and A12.
1. City Council - Regular Meeting - Nov 7, 2022 6:30 PM
2. WARRANT REGISTER - NOVEMBER 21, 2022 - AP
3. Claim Against the City - Filed by Jesus Noriega
4. Claim Against the City - Filed by Safeway
5. Claim Against the City - Filed by Beau Byers
6. Claim Against the City - Filed by Ryan Borba
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7. Ordinance No. 1222 an Ordinance of the City of Hollister Amending Chapter 15.04 of the Hollister Municipal Code Regarding the Adoption of the 2022 California Building Codes And Related International Codes -- Second Reading
8. City Council of the City of Hollister Authorizing the Release of the Request for Proposals for Housing Element 2023-2031
9. Resolution No. 2022-200 a Resolution of the City Council of the City of Hollister Approving the City of Hollister Community Facility District No. 2 (Police and Fire Services) Fiscal Year 2021/22 Annual Accountability Report
10. Resolution No. 2022-201 a Resolution of the City Council of the City of Hollister Approving the City of Hollister Community Facility District No. 4 (Public Facilities Services) Fiscal Year 2021/22 Annual Accountability Report
11. Resolution No. 2022-202 a Resolution of the City Council of the City of Hollister Approving the City of Hollister Community Facility District No. 5 (Police and Fire Services) Fiscal Year 2021/22 Annual Accountability Report
12. Resolution No. 2022-203 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 40 San Felipe Road Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 51 (Public Facilities Services)
ITEMS PULLED FROM CONSENT AGENDA
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
No speakers for this item.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
No report.
2. Trainings and Conferences
City Manager Miller reported the Human Resources Department attended the California Public Employers Labor Relations Association (CALPELRA) annual training in Monterey.
E. PUBLIC HEARINGS
No items.
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F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. Ordinance No. 1223 an Ordinance of the City of Hollister, Adding Chapter 9.09 to Title 9 Public Peace, Morals, and Welfare, of the Hollister Municipal Code, Relating to Use and Trespassing Upon City Parking Lots and Garages -- Second Reading
Chief Reynoso presented the staff report and responded to council members' questions.
There was no public comment for this item.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to introduce Ordinance 1223. The motion carried by a vote of 5-0-0.
RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
2. Ordinance No. 1224 an ordinance amending Chapter 15.04 of the City of Hollister Building Code, and adopting the California Building Standards Code 2022 Edition of the California Fire Code and Appendices Title 24, Part 9 -- Second Reading
Deputy Fire Marshall Bedolla presented the staff report and stated there is a typo in Section Q102.3, which should be amended to read Hollister City Code instead of Monterey County Code.
There was no public comment for this item.
Councilmember Perez moved, and Councilmember Burns seconded the motion to introduce Ordinance 1223. The motion carried by a vote of 5-0-0.
RESULT: First Reading [Unanimous]
MOTION: Rick Perez
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES A.1
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1. Reports from City Council Members regarding Committees on which they serve
Councilmember Resendiz reported he attended a Council of San Benito County Governments (COG) meeting and reported it is in the process of recruiting for a new executive director. Additionally, he provided information regarding the heavy traffic on Highway 25 on Monday, November 14, 2022 due to the ongoing construction there, which could not be completed during overnight hours.
Councilmember Morales reported there is a Downtown Business meeting on December 8, 2022 at city hall.
2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns requested a status report on erection of the downtown monument sign, on the installation of additional evening lighting on downtown side streets, and on the general plan. Councilmember Burns requested an update on the hiring of the following staff positions: Community Development Director, Airport Manager, Chief Building Official/Building Inspector. Councilmember Burns stated his support for amending Hollister Municipal Code sections related to parking and storing of boats, recreational vehicles, and cards on private property. Additionally, Councilmember Burns stated his support for using a hearing officer instead of a Council public hearing to address abandoned vehicles as is currently required by Hollister municipal code. Until these sections of the municipal code are reviewed, Councilmember Burns recommended staying their enforcement. Councilmember Burns thanked the voters for passing the measure regarding city council term limits and requested information regarding implementation of the measure. Based on the outcome of the recent election, Councilmember Burns recommended staff begin working to organize the July 2023 motorcycle rally. Councilmember Burns stated his support for the League of United Latin American Citizens (LULAC) in San Benito County and spoke in support of their work to administer the Marty Richmond Scholarship Fund. Finally, Councilmember Burns congratulated the Hollister High School Haybaler football team for their recent wins and wished them luck in the upcoming Central Coast Division III championship game.
Councilmember Resendiz stated his support for Councilmember Burns' comments and expressed his support for LULAC. Councilmember Resendiz requested staff return to Council with an item to approve inclusive police badges or patches for LGBTQ Pride Awareness month in June.
Councilmember Perez stated his support for Councilmember Burns' statements.
Councilmember Morales requested additional update on a Council study session to discuss recreational vehicle regulations. Councilmember Morales requested a representative from the police department attend the upcoming Downtown Business meeting because the motorcycle rally is being discussed.
Mayor Velazquez spoke in support of LULAC and spoke against false information being spread in the community. Mayor Velazquez inquired if the city is moving forward with pursuing collection of attorneys' fees regarding a recent case won by the City.
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City Attorney Lerner confirmed the city is pursuing payment of attorneys' fees.
Chief Reynoso reported the recreational vehicle ordinance is planned for the December 5, 2022 Council meeting agenda.
City Manager Miller wished the Council, staff, and members of the public a safe and happy Thanksgiving holiday.
H. UNFINISHED BUSINESS
1. Updated City Council Projects
I. NEW BUSINESS
No items.
J. MISCELLANEOUS
No items.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
L. ADJOURNMENT
Mayor Velazquez requested the meeting be adjourned in memory of Gil Perez, a local businessman who recently passed away.
Councilmember Perez moved, and Councilmember Morales seconded the motion to adjourn the meeting at 6:50 PM. The motion passed by a vote of 5-0-0.
Respectfully submitted,
Jennifer Woodworth, CMC
City Clerk
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 23, 2022 AGENDA ITEM: Consent Items DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010
TITLE OF ITEM: RESOLUTION NO. 2022-204, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE MAYOR TO EXECUTE
A LETTER OF SUPPORT FOR SAN BENITO COUNTY WATER DISTRICT'S
ACCELERATED DROUGHT RESPONSE PROJECT (ADROP)
BRIEF DESCRIPTION: The City Council will consider a Resolution authorizing the Mayor to execute a letter of support for San Benito County Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation.
RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution authorizing the Mayor to execute a letter of support for San Benito County Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation.
DEPARTMENT SUMMARY: The San Benito County Water District is seeking a letter of support from the City of Hollister for the Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation. Funding Opportunity R23AS00019, Small Surface Water and Groundwater Storage Projects.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. Letter of Support for ADRoP
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF SUPPORT FOR SAN
BENITO COUNTY WATER DISTRICT'S ACCELERATED DROUGHT RESPONSE
PROJECT (ADROP)
WHEREAS, the City desires to support the San Benito County Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL); and
WHEREAS, the project is a collaborative effort of San Benito County Water District, City of Hollister, Sunnyslope County Water District, and other local agencies in the North San Benito Groundwater Basin; and
WHEREAS, the City of Hollister relies on groundwater and treated Central Valley Project (CVP) water for Municipal and Industrial water supplies; and
WHEREAS, the City is in full support of the ADRoP and the Bureau of Reclamation (USBR) grant proposal and intends to make full use of stored CVP water available during drought and water shortage.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister Authorizing the Mayor to Execute a Letter of Support for San Benito County Water District for the Accelerated Drought Response Project (ADRoP) for funding through the Small Surface Water and Groundwater Storage Program administered by the Bureau of Reclamation (USBR).
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-204, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CITY OF HOLLISTER
375 FIFTH ● HOLLISTER, CA 95023-3876
Telephone (831) 636-4300 ● Fax (831) 636-4310
December 5, 2022
Carrie Diroll
Bureau of Reclamation
Reclamation Law Administration Division
Mail Code: 84-55000
P.O. Box 25007
Denver, Colorado 80225
Re: Letter of Support for San Benito County Water District’s Accelerated Drought Response Project (ADRoP) application for grant funding through the United States Bipartisan Infrastructure Law (BIL) administered by the Bureau of Reclamation. Funding Opportunity R23AS00019, Small Surface Water and Groundwater Storage Projects
Dear Carrie Diroll,
This letter is to express support for the Accelerated Drought Response Project (ADRoP) for funding through the Small Surface Water and Groundwater Storage Program administered by the Bureau of Reclamation (USBR). The project is a collaborative effort of San Benito County Water District, City of Hollister, Sunnyslope County Water District, and other local agencies in the North San Benito Groundwater Basin.
The City of Hollister relies on groundwater and treated Central Valley Project (CVP) water for Municipal and Industrial water supplies. These sources are managed conjunctively and accompanied by effective water conservation. While local collaborative management has been effective in reversing historical groundwater overdraft and providing sustainable supply, local communities face challenges of increasing water demand, limitations on imported water supply, climate change, and marginal groundwater quality.
The ADRoP is an aquifer storage and recovery project which will be capable of recharging up to 6,000 AFY of high-quality CVP water in wet years for subsequent recovery in dry years. It is the foremost approach to help meet future water demand, especially during drought and water shortages, and to help achieve water quality goals for total dissolved solids, Nitrate and hexavalent chromium. The City of Hollister will benefit directly from increased water supply reliability and improved water quality.
The City is in full support of the ADRoP and USBR grant proposal and intends to make full use of stored CVP water available during drought and water shortage.
Sincerely,
Ignacio Velazquez
Mayor, City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 23, 2022 AGENDA ITEM: Consent Items DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY JACQUELINE BARAJAS
BRIEF DESCRIPTION: Jacqueline Barajas filed a claim against the City on November 21, 2022.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Jacqueline Barajas filed a claim against the City on November 21, 2022. Staff has sent a copy of this claim to the City’s Risk 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. 2022-11-21_Jacqueline Barajas Claim_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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Address
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CITY OF HOLLISTER
CLAIM FORM
(To Be Comp leted By Claimant)
Received
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Signature
Se nd completed form to :
Ci ty Clerk
City of Ho lli ster
375 Fifth Street
Hollister, CA 95023
(831) 636-4300, X 16
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CAR DIAGNOSTIC CENTER
201 SAN BENITO ST n 4
HOLLISTER, CA 95023
Tel: 831-630-0984 • Fax: 831-630-1108
[email protected]
Customer Jacqueline Barajas (BAROS7)
Hollister CA 95023
Vehicle 2018 Honda Gvlc EX
1.5 GAS
JHMFC1F38JX023669
Work to be Performed
Seat Belt
Labor
Remove & Replace • Seat Bel t -Seat Belt -Lap
& Shoulder Belt, R&R -Front · Left Side
Parts
l eft
Front Subframe
Labor
Remove & Replace • Front Subframe • Front
Suspension -Crossmember, R&R
Parts
Crossmember
bolts
Alignment and Adjustment
Work Description
Part No
04818TBAA01ZA
Part No
50200TBCA04
DLPDL
Tech
• Tech
Estimate Q0216-~ _ ___.
Date: 11-15-2022 3:53 PM
Miles In: 103,679
Miles Out: 103,679
License Plate: -CA
Qty Price
1.00 207.00
Total
100.00
Total
207.00
Seat Belt SubTotal $307.00
Qty Price
1.00 890.00
6.00 6.00
Total
510.00
Total
890.00
36.00 Front subframe SUbTotal $1,436.00
Inspect FronVRear Suspension parts for wear. Check Tire Pressure. Set FronVRear suspension to Factory Settings. Road Test Vehicle/Check for Proper Tracking.
Labor Tech Total
Shop Labor 100.00
Alignment and A4ustment SUbTotal $100.00
Total Proposed Completed Date Labor 710.00
11-17-2022 11:00 AM Parts 1,133.00
Hazmat• 0.00
Supplies• 0.00
Taxes 10'181
Estimate Total $1,947.81
Co
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Authorization
CAR DIAGNOSTIC CENTER
Tel: 831-630-0984 • Fax: 831-630-1108
Jacqueline Barajas (BM057) • 2018 Honda Civic f:X
Original Estimate Total:
Authorization Method: [. J email
Date:
Authorized By:
X
Customer Signature
l J text n phone
Contact Details:
Save replacement parts for inspection or return? (Core may apply) n fax
[J Yes
Intended Method of Payment I j Check n Credit card [ l Cash 6 MONTHS/ 6,000 MILE LI MITED WARRANTY
Estimate Q0216~ff'l""v _ __,
Date: 11-15-2022 3:53 PM
l] in person
LJ No
[ J Other
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: October 27, 2022 AGENDA ITEM:
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY OF HOLLISTER, ADDING CHAPTER 9.09 TO TITLE 9 PUBLIC PEACE, MORALS, AND
WELFARE, OF THE HOLLISTER MUNICIPAL CODE, RELATING TO USE AND
TRESPASSING UPON CITY PARKING LOTS AND GARAGES -- SECOND READING
DESCRIPTION: Second Reading of an amendment to section 9.09 - USE AND TRESPASSING UPON CITY PARKING LOTS AND GARAGES of the Hollister Municipal Code to add penalties for misuse of the locations.
RECOMMENDATION: Staff recommends the City Council adopt this Ordinance Amending Chapter 9.09 USE AND TRESPASSING UPON CITY PARKING LOTS AND GARAGES adding requirements, penalties for violations.
DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints over the years in regards to the misuse of the city owned parking structure (Briggs Building) as well as other city owned parking lots within the city.
Among these complaints are the repeated calls of persons with no vehicles loitering, smoking, vandalizing, drinking alcohol, riding bicycles and skateboards and long term occupation.
The police department has received complaints of transients living in vehicles and trash, debris and human waste being left in these parking lots.
Recently, the police department investigated two cases where juveniles dropped heavy metal object from the top floor to the ground floor of the Briggs Building. These actions could have killed someone if the object would have hit a pedestrian below.
This proposed ordinance would provide the tools to police to cite individuals who are not using the parking lot for its intended purpose. It would encourage persons with no vehicles to stay out of these parking lots. This ordinance will increase the safety of these locations and aid in the proper use of these vehicle parking locations.
FINANCIAL IMPACT: $0, potential nominal increase of revenue due to fines.
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
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I I
Brett Miller, City Manager
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ORDINANCE NO. 1223
AN ORDINANCE OF THE CITY OF HOLLISTER, ADDING CHAPTER 9.09 TO TITLE 9 PUBLIC PEACE, MORALS, AND WELFARE, OF THE HOLLISTER MUNICIPAL
CODE, RELATING TO USE AND TRESPASSING UPON CITY PARKING LOTS AND
GARAGES -- SECOND READING
WHEREAS, public parking lots and garages (“Public Parking Areas”) within the City should be safe, readily accessible, and available to residents and the public at large for the Public Parking Areas’ intended purposes; and
WHEREAS, the intended purpose of Public Parking Areas is to park and leave cars while residents and the public at large engage in activities in the vicinity of the Public Parking Area; and
WHEREAS, the City has experienced increased incidences of activities such as vandalism, smoking, drinking alcohol, riding bicycles and skateboards, loitering, long term vehicle occupation, and camping in Public Parking Areas; and WHEREAS, there have been multiple cases of individuals dropping heavy items from the top floors which could potentially kill or critically injury persons located in the area; and
WHEREAS, the presence of individuals engaged in these activities creates public safety issues for authorized users of Public Parking Areas; and WHEREAS, the Hollister Police Department desires a mechanism to enforce the use of Public Parking Areas for only their intended purpose; and WHEREAS, nothing in this ordinance is intended to interfere with otherwise lawful and ordinary uses of public and private property, including Public Parking Areas.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. Chapter 9.09 is added to Title 9 of the Hollister Municipal Code to read:
CHAPTER 9.09 USE AND TRESPASSING UPON CITY PARKING LOTS AND
GARAGES
Sections:
9.09.010 Purpose
9.09.020 Definitions.
9.09.030 Permitted Uses.
9.09.040 Violation.
9.09.050 Exceptions.
9.09.010 PURPOSE.
The Public Parking Areas within the city should be safe, readily accessible, and available to residents and the public at large. Unauthorized use of Public Parking Areas interferes with the intended purpose of Public Parking Areas.
9.09.020 DEFINITIONS.
Public Parking Areas means all City owned public parking lots and garages.
Long Term Occupation means a person or group occupying a vehicle located in a Public Parking Area for greater than one hour.
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Camp or Camping as defined in Section 9.04.020.
9.09.030 PERMITTED USES.
Public Parking Areas owned or operated by the City of Hollister shall be used by members of the public only for the purpose of parking and retrieving motor vehicles.
Public Parking Areas are not intended for Long Term Occupation of vehicles or Camping. Public Parking Areas may also be used by pedestrians to walk from one sidewalk to another or to walk to buildings that border the Public Parking Area. Public Parking Areas shall be used for no other purpose.
9.09.040 VIOLATION.
Any person who uses a Public Parking Area for purposes other than motor vehicle retrieval or pedestrian purposes, as permitted in Section 9.09.030, is in violation of Section 9.09.030 and shall be guilty of trespass. The first violation of this Chapter is an infraction, with fines of up to $250.00 per violation, or as set forth in the City’s Fee Schedule. Any person who violates this Chapter and who is cited for such violation, and who within 48-hours after receiving such citation again violates this Chapter is guilty of a misdemeanor.
9.09.050 EXCEPTIONS.
A. This chapter shall not apply to any person or group of persons using a Public Parking Area for purposes other than motor vehicle retrieval or pedestrian purposes when that person or group of persons is using the Public Parking Area pursuant to a permit issued by the city in accordance with another provision of the Hollister Municipal Code.
B. This chapter shall not apply to city employees engaged in the performance of city business or the maintenance of Public Parking Areas.
C. This chapter shall not apply in Public Parking Areas where there is posted permission to occupy those areas for the purpose of engaging in speech-related conduct and persons so occupying those posted areas are doing so in accordance with the posted permission.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
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Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1223 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 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: October 28, 2022 AGENDA ITEM:
DEPARTMENT:
DEPARTMENT HEAD:
Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325
SPONSOR(S): Perez
TITLE OF ITEM: ORDINANCE NO. 1224 AN ORDINANCE AMENDING CHAPTER
15.04 OF THE CITY OF HOLLISTER BUILDING CODE, AND ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND APPENDICES TITLE 24, PART 9
DESCRIPTION: An Ordinance amending Chapter 15.04 Building Regulations of the Hollister Municipal Code, and adopting by reference, 2022 Edition of California Building Standards Code of the California Code of Regulations 2022 Edition California Fire Code and appendices Title 24, Part 9.
RECOMMENDATION: Staff recommends that the City Council adopt an Ordinance of the City Council of the City of Hollister Amending Chapter 15.04 of the Hollister Building Code and adopting by reference - 2022 Edition California Fire Code and appendices Title 24, Part 9.
DEPARTMENT SUMMARY: Fire protection agencies are generally required to adopt the State Building Standards, and agencies are allowed to make amendments to those state standards when justified by local topographical, climatic and geographical conditions.
The International Code Council promulgates the International Fire Code, a nationally recognized compilation of rules and regulations. The International Code Council has conducted open code hearings that permit participation by National, State, and local code officials; as well as industry representatives, consultants, and other private parties with an interest in the International Fire Code. The International Fire Code has been printed and published as a Code in book form within the meaning of Section 50022.1 of the Government Code of the State of California.
Under this adopting ordinance, specific amendments to building standards are more restrictive than those contained within the 2022 Edition of the International Fire Code with amendments as adopted by the California Building Standards Commission and published as the 2022 Edition of the California Fire Code.
Under the provisions of Section 18941.5 of the Health and Safety Code, local amendments are based on climatic, topographical and geological conditions.
It is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the Fire Code is intended to reduce the potential loss of life and property and damage to the environment caused thereby.
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THE City Council and the Hollister Fire Department ORDAINS AS FOLLOWS:
Part 1: Adoption of Code with Exclusions
Part 2: Local Amendments
Part 3: International Fire Code Adopted by Reference
Part 4: Severability
Part 5: Effective Date and Publication
Part 1. Adoption of Code with Exclusions
The Hollister Fire Department adopts the 2022 California Fire Code, Title 24, Part 9, in its entirety, including Appendices, incorporating those sections of the International Fire Code, 2022 Edition not adopted by the state.
Part 2. Local Amendments
The following sections are hereby amended or added.
Part 3. International Fire Code Adopted by Reference
The 2022 International Fire Code, including appendices published by the International Code Council, is hereby adopted by reference.
Part 4. Severability
If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Hollister hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
Part 5. Effective Date and Publication
This ordinance shall become effective and be in full force and effect thirty (30) days after the date of its passage and after ratification by the City of Hollister and submission of a copy of this ordinance to the California Department of Housing and Community Development, provided this ordinance is published in full or in summary within fifteen (15) days after its adoption in the Freelance, a newspaper of general circulation.
This ordinance was introduced and the title thereof read at the regular meeting of the City of Hollister on November 21, 2022.
FINANCIAL IMPACT: N/A
CEQA: N/A
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ATTACHMENTS:
1. 2022 City of Hollister Fire Code Amendments - Exhibit A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1224
AN ORDINANCE AMENDING CHAPTER 15.04 OF THE CITY OF HOLLISTER
BUILDING CODE, AND ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND APPENDICES TITLE 24, PART 9
WHEREAS, Fire protection agencies are generally required to adopt the State Building Standards and agencies are allowed to make amendments to those state standards when justified by local topographical, climatic and geographical conditions; and
WHEREAS, the International Code Council promulgates the International Fire Code, a nationally recognized compilation of rules and regulations. The International Code Council has conducted open code hearings that permit participation by National, State, and local code officials; as well as industry representatives, consultants, and other private parties with an interest in the International Fire Code; and
WHEREAS, the International Fire Code has been printed and published as a Code in book form within the meaning of Section 50022.1 of the Government Code of the State of California; and
WHEREAS, under this adopting ordinance, specific amendments to building standards are more restrictive than those contained within the 2022 Edition of the International Fire Code with amendments as adopted by the California Building Standards Commission and published as the 2022 Edition of the California Fire Code; and
WHEREAS, under the provisions of Section 18941.5 of the Health and Safety Code, local amendments are based on climatic, topographical and geological conditions.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:
It is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the Fire Code is intended to reduce the potential loss of life and property and damage to the environment caused thereby.
Part 1: Adoption of Code with Exclusions
Part 2: Local Amendments
Part 3: International Fire Code Adopted by Reference
Part 4: Severability
Part 5: Effective Date and Publication
INTRODUCED at a regular City Council meeting on the 21st day of November, 2022.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
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Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1224 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 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
Presented by the Monterey County Fire Prevention Officers Association and The San Benito County Fire Prevention Officers.
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lOll
City of Hollils1ter F'ire Code
Amendmenits
2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
101.1 Title. These regulations shall be known as the Fire Code for the City of Hollister, hereinafter referred to as “Fire Code.”
101.2.1 Appendices. Provisions in all appendices to the 2022 California Fire Code are hereby adopted in their entirety and shall apply.
102.1 Construction and design provisions. The construction and design provisions of this Code shall apply to:
1. Structures, facilities and conditions arising after the adoption of this Code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this Code.
3. Existing structures, facilities and conditions when identified in specific Sections of this Code.
4. Existing structures, facilities and conditions, which, in the opinion of the Fire Code Official, constitute a distinct hazard to life and property.
5. Existing Structures Alterations and repairs.
a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.
b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent (50%) or more of the existing internal structural and/or non-structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this Chapter. c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans. d. The determination under this section of the requirement for upgrading any existing structu re to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.
103.0 Responsibility for enforcement.
103.0.1 Within established fire protection districts and community services districts, responsibility for enforcement of this Code shall be under the direction of the Fire Chief within each district.
103.0.2 In areas of Hollister outside incorporated cities or organized special districts or fire districts, responsibility for enforcement of this Code shall be under the direction of the Chief Building Official with Code Enforcement of the AHJ.
104.1.1 Police powers. The fire code official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the fire code official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire code official in enforcing the provisions of this Code.
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.
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2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
112.2 Owner/occupant responsibility. Correction and abatement of violations of this Code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this Code, the occupant shall be held responsible for the correction and abatement of such hazardous conditions.
112.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the City of Hollister.
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 112.4 of this Code.
202 Definitions
ALL WEATHER SURFACE. A hard paved road surface constructed to the minimum standards adopted by the jurisdiction.
BRIDGE. A structure to carry a roadway over a depression or obstacle.
IDLE PALLET. A pallet or similar product storage and/or lifting device not currently in use and empty of product.
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
1. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.
2. The unobstructed vertical clearance shall be not less than fifteen (15) feet clear.
3. The width shall be a minimum of twenty (20) feet clear. The Fire Code Official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of twelve (12) feet for Occupancy Group U or R-3 occupancies.
4. The maximum grade change of the approach to and from any private bridge shall not exceed eight percent for a minimum distance of ten (10) feet.
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this Code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the Fire Code Official. Every private bridge, including existing and those constructed under this Code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.
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2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than fifteen (15) percent unless specifically approved by the Fire Code Official.
503.2.7.1 Paving. All fire apparatus access roads over eight (8) percent shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen (15) percent where approved shall be paved with perpendicularly grooved concrete.
503.7 Fire apparatus access road names. All fire apparatus access road names shall be issued or approved by the appropriate governmental agency.
506.1 Required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box or other approved emergency access device to be installed in an approved location. The key box or other approved emergency access device shall be of an approved type and shall contain keys or other information to gain necessary access as required by the fire code official. Where a key box is used, it shall be listed in accordance with UL 1037. This jurisdiction utilizes the KNOX Box Security Systems.
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the Fire Code Official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. When required by the Fire Code Official, hydrants shall be painted in accordance with the most current edition of NFPA 291.
605.3.1 Spark arresters.
605.3.1.1 An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks or similar devices using solid fuel for conveying smoke or hot gases to the outer air. 605.3.1.2 Spark arresters shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.
901.2.2 Additional documentation. Additional documentation as required by the Fire Code Official shall be provided to the Fire Code Official in an acceptable format.
901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.
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2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
901.4.8 Nonoperational equipment. Any fire protection equipment that is no longer in service shall be removed.
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed by the California Contractors State License Board in accordance with the California Business & Professions Code or by the California State Fire Marshal.
901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the Fire Code Official within fifteen (15) calendar days after the date of the inspection or test.
901.11 Fire Protection Features for Plant Processing and Extraction Facilities
901.11.1 Scope. This section applies to occupancies regulated by Chapter 39 of this Code.
901.11.2 Definitions.
901.11.2.1 Plant processing. Plant processing shall include all plant post-harvest operations, excluding retail sales of plant and related products.
901.11.2.2 Indoor cultivation. Indoor cultivation shall be defined as all nursery or cultivation conducted in other than Group U occupancies (greenhouses).
901.11.3 Fire Protection Systems. All buildings or portions thereof housing plant post -harvest or indoor cultivation operations shall be protected as defined in this section. 901.11.3.1 Fire Sprinklers. Fire sprinklers shall be installed in accordance with 901.11.3.1.1, 901.11.3.1.2, or 901.11.3.1.3
901.11.3.1.1 Fire sprinklers shall be installed in all buildings or portions thereof; such fire sprinkler systems shall be designed to Ordinary Group II design standards in the latest adopted edi tion of NFPA 13 and Section 903 of this code.
901.11.3.1.2 If the occupancy is classified as a Group H Occupancy the fire sprinkler system may be required to be designed and installed as an Extra Hazard fire sprinkler system 901.11.3.1.3 Where permitted by the fire code official and not otherwise required by this code or the CBC, fire sprinklers may be eliminated in approved buildings less than 500 square feet.
901.11.3.2 Fire Alarm Systems. Fire alarm systems shall be installed in all buildings or portio ns thereof; such fire alarm systems shall include both fire sprinkler system monitoring and complete occupant notification as specified in the latest adopted edition of NFPA 72 and Section 907 of this code.
901.11.3.3 Special Hazard Systems. Where specified by appropriate UL listings for extraction booths utilizing volatile solvents, dry chemical fire protection systems shall be installed according to the latest adopted edition of NFPA 17. If there is no UL listing for the extraction booth, a dry chemical fire protection system shall be installed.
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2022 Hollister Fire Code Amendments
FINAL VERSION – 10/27/2022
901.11.3.4 Portable Fire Extinguishers. Portable fire extinguishers shall be installed in accordance with NFPA 10 and Section 906 of this code.
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.
Exceptions:
(1) Structures not classified as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer. (3) Accessory structures not classified as R occupancies associated with existing non-sprinklered R-3 occupancies (one- or two-family dwellings) and less than one thousand five hundred (1500) square feet in total fire area.
(4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the Fire Code Official permits alternate protection.
The following Sections are amended by changing requirements to five hundred (500) square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet. 903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet. 903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.4.1 Group F-1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet.
903.2.7-1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.7-3 Group M. Change twenty-four thousand (24,000) square feet to five hundred (500) square feet.
903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet. 903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one - and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems. (Exceptions remain per 2022 California Fire Code)
903.3.1.1.1 -7 Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2–hour fire resistive method.
Section 903.3.1.1.2 of the California Fire Code is deleted.
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903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.
903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.
903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.
903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.
903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one and two - family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requireme nts of this section supersede the requirements of the California Residential Code.
903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the Fire Code Official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures.
903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets. 903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa.
Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. As required by the fire code official, interior audible notification appliances or additional water flow alarms are required to be installed at locations specified by the fire code official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.
903.3.1.3.8 A passive purge shall be installed in the master bathroom if served by a public water system per local water purveyor. A placard must be posted adjacent to the fire sprinkler riser.
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903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising st ation or proprietary supervising station as defined in NFPA 72, or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system. (Exceptions remain unchanged)
903.4.2 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.
903.4.2.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over one hundred (100) sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at fifteen (15) dBa above average sound pressure level throughout the building.
b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the Fire Code Official.
EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.
903.4.3 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.
904.13.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual.
904.13.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the fire code official. A service report shall be forwarded to the fire code official by the licensed service contractor within 15 days after every service on the appropriate AES form.
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premise are not permitted, unless specifically authorized by the Fire Code Official.
907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.
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907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.
907.6.6 Monitoring. Fire alarm systems, whether required by this Chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this Section.
907.6.6.6 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.
EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.
907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:
1. A record of completion in accordance with NFPA 72.
2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.
3. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.
1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.
1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary p ower source shutoff switch.
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1205.1.1.4 Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.
Section 1205.2.1, Exceptions 1 and 2 of the California Fire Code are deleted in their entirety.
1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.
1206.15 Signage acceptable to the fire code official shall be required indicating the location of the stationary fuel cell power system.
3905.3. Fire Protection Systems. Fire protection systems in occupancies regulated by this chapter shall be in accordance with Section 901.11 of this Code.
D103.2 Grade. Fire apparatus access roads shall not exceed fifteen (15) percent in grade with a maximum side slope of five (5) percent.
EXCEPTION: Grades steeper than fifteen (15) percent, if approved by the Fire Code Official, shall be paved with perpendicularly grooved concrete.
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APPENDIX Q: STANDARD FIRE CONDITIONS FOR SINGLE FAMILY DWELLINGS
SECTION Q101 GENERAL
Q101.1 Scope. Applications for the construction or remodel of single family dwellings, including one- and two-family dwellings, townhomes, modular and manufactured homes, and mobile homes outside of established mobile home parks, shall be subject to the fire conditions in this appendix when conditioned by the Fire Code Official.
Q101.2 Conflicting sections. Where provisions in this appendix conflict with other sections of this Code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the Fire Code Official.
SECTION Q102 ROADS
Q102.1 General. These conditions will be used primarily when conditioning a subdivision or other project that requires roads. Roads identified in this Section are vehicular access to more than two (2) parcels; more than four (4) residential units; or access to any industrial or commercial occ upancy.
Includes public and private streets and lanes.
Q102.2 Road access. (FIRE 001). Access roads shall be required for every building when any portion of the exterior wall of the first story is located more than one hundred fifty (150) feet from fire department access. All roads shall be constructed to provide a minimum of two (2) ten (10) feet wide traffic lanes with an unobstructed vertical clearance of not less than fifteen (15) feet. The roadway surface shall provide unobstructed access to conventional drive vehicles including sedans and fire apparatus and shall be an all-weather surface designed to support the imposed load of fire apparatus (75,000 pounds). Each road shall have an approved name.
Q102.3 Roadway engineering. (FIRE 002). The grade for all roads shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%). Where road grades are 8 percent (8%) or less, an all-weather aggregate base is required at a minimum or as required in other sections of the Monterey County Code. Where road grades exceed eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required.
The length of vertical curves in roadways, exclusive of gutters, ditches and drain age structures designed to hold or divert water, shall not be less than one hundred (100) feet. No roadway turn shall have a horizontal inside radius of less than fifty (50) feet. A roadway turn radius of fifty (50) to one hundred (100) feet is required to have an additional four (4) feet of roadway surface. A roadway turn radius of one hundred (100) to two hundred (200) feet is required to have an additional two (2) feet of roadway surface. Roadway turnarounds shall be required on dead-end roads in excess of one hundred fifty (150) feet of surface length. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4 Dead end roads.
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Q102.4.1 Parcels less than one acre. (FIRE 003). For parcels less than one acre, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed eight hundred (800) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point.
Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply.
Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4.2 Parcels greater than one acre and not exceeding five acres (FIRE 004). For parcels greater than one acre and not exceeding five acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed one thousand three hundred twenty (1,320) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point.
Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply.
Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length
Q102.4.3 Parcels greater than five acres and not exceeding twenty (20) acres. (FIRE 005). For parcels greater than five acres and not exceeding twenty (20) acres, the maximum length of a dead - end road, including all dead-end roads accessed from that dead-end road, shall not exceed two thousand six hundred forty (2,640) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320) foot intervals. The minimum turning radius for a tu rnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4.4 Parcels greater than twenty (20) acres. (FIRE 006). For parcels greater than twenty (20) acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead- end road, shall not exceed five thousand two hundred eighty (5,280) feet. All dead -end road lengths shall be measured from the edge of the roadway sur face at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320)-foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of si xty (60) feet in length.
SECTION Q103 DRIVEWAYS, GATES, AND BRIDGES
Q103.1 Driveways. (FIRE 007). Driveway identified in this Section is defined as a vehicle access that serves up to two (2) parcels with no more than two (2) residential units and any number on non- commercial or industrial buildings on each parcel. Driveways shall not be less than twelve (12) feet wide traffic lane and minimum fourteen (14) feet wide unobstructed clearance, with an unobstructed vertical clearance of not less than fifteen (15) feet. The grade for all driveways shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%). Where driveway grades are A.5.a
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eight percent (8%) or less, an all-weather surface such as an aggregate base shall meet minimum fire requirements. Other types of material for driveways may be required by the Code. Where the grade exceeds eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The driveway surface shall be capable of supporting the imposed load of fire apparatus forty thousand (40,000) pounds, and be accessible by conventional-drive vehicles, including sedans. For driveways with turns ninety (90) degrees and less, the minimum horizontal inside radius of curvature shall be twenty-five (25) feet. For driveways with turns greater than ninety (90) degrees, the minimum horizontal inside radius curvature shall be twenty-eight (28) feet. For all driveway turns, an additional surface of four (4) feet shall be added.
All driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds eight hundred (800) feet, turnouts shall be provided at no greater than four hundred (400)-foot intervals. Turnouts shall be a minimum of twelve (12) feet wide and thirty (30) feet long with a minimum of twenty (25) foot taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be thirty (30) feet long with a minimum twenty-five (25) foot taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be located within fifty (50) feet of the primary building. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the driveway. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q103.2 Gates. (FIRE 008). All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gate entrances shall be at least two (2) feet wider than the width of the traffic lane but in no case be less than fourteen (14) feet wide unobstructed and unobstructed vertical clearance of fifteen (15) feet. Where a one-way road with a single traffic lane provides access to a gate d entrance, a forty (40) foot turning radius shall be used. Where gates are to be locked, the installation of a key box or other acceptable means for immediate access by emergency equipment may be required.
Q103.3 Bridges. (FIRE 009). All new and reconstructed bridges shall be at least the width of the roadbed and berms, but in no case less than twelve (12) feet wide. Bridge width on all roads exceeding tertiary standards shall not be less than the width of the two lanes with berms. All bridges shall be designed for HS15-44 loading and have guardrails. Appropriate signage, including but not limited to, weight ratings or vertical clearance limitations, and one-way road or single-lane road conditions, shall be provided at both entrances to any bridge. One-lane bridges may be permitted if there is unobstructed visibility across the entire bridge, and turnouts are provided at both bridge ends.
The fire authority may impose more stringent requirements for bridges.
SECTION Q104 SIGNS AND ADDRESSES
Q104.1 Road signs. (FIRE 010). All newly constructed or approved roads and streets shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway. Size of letters, numbers and symbols for street and road signs shall be a minimum four-inch letter height, ½-inch stroke, and shall be a color that is reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non -combustible and shall be visible and legible from both directions of vehicle travel for a distance of at least one hundred (100) feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions A.5.a
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of the jurisdiction. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering. Signs required under this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets and/or private lanes. Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead -end road, one-way road or single lane conditions, etc.) shall be placed: (a) at the intersection preceding the traffic access limitation; and (b) not more than one hundred (100) feet before such traffic access limitation. Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Fire Code Official.
Q104.2 Addresses for buildings. (FIRE 011). All buildings shall be issued an address in accordance with jurisdictional requirements. Each occupancy, including detached accessory dwelling units (ADU), except accessory buildings, shall have its own permanently posted address. When multiple occupancies exist within a single building, each individual occupancy shall be separately identified by its own address. Letters, numbers and symbols for addresses shall be a minimum of four-inch (4”) height, 1/2-inch stroke, contrasting with the background color of the sign, and shall be Arabic.
Commercial Occupancy shall have a minimum of 18 inch to 24 inch sized address numbers located at the top corner of the building on approval from the fire official. The sign and numbers shall be reflective and made of a noncombustible material. Address signs shall be placed at each driveway entrance and at each driveway split. Address signs shall be and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions of travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection providing access to that site. Permanent add ress numbers shall be posted prior to requesting final clearance.
SECTION Q105 WATER SUPPLY
Q105.1 Water systems. (FIRE 012). The provisions of this condition shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on-site prior to the completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved. Approved water systems shall be installed and made serviceable prior to the time of construction. Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition to average daily demand, NFPA Standard 11 42 or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available .
Q105.2 (RESERVED) (FIRE 013).
Q105.3 Single parcel fire protection water supply. (FIRE 014). For development of structures totaling less than three thousand (3,000) square feet on a single parcel, the minimum fire protection water supply shall be four thousand nine hundred (4,900) gallons. For development of structures totaling three thousand (3,000) square feet or more on a single parcel, the minimum fire protection water supply shall be nine thousand eight hundred (9,800) gallons. For development of structures totaling more than ten thousand (10,000) square feet on a single parcel, the reviewing authority may require additional fire protection water supply. Other water supply alternatives, including ISO Rural A.5.a
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Class 8 mobile water systems, may be permitted by the fire authority to provide for the same practical effect. The quantity of water required by this condition shall be in addition to the domestic demand and shall be permanently and immediately available.
Q105.4 Fire hydrants and valves. (FIRE 015). A fire hydrant or fire valve is required. The hydrant or fire valve shall be eighteen (18) inches above grade, eight feet from flammable vegetation, no closer than four feet nor further than twelve (12) feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than fifty (50) feet and not more than one thousand (1,000) feet by road from the building it is to serve.
Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2-inch National Hose outlet supplied by a minimum four inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of three inches, located on the driveway address sign, non-combustible post or fire hydrant riser. If used, the post shall be within three feet of the hydrant/valve, with the blue marker not less than three feet or greater than five feet above the ground, visible from the driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.
SECTION Q106 SETBACKS
Q106.1 Setbacks. (FIRE 016). Except as permitted by the fire code official, all parcels one acre and larger shall provide a minimum thirty (30) foot setback for new buildings and accessory buildings from all property lines and/or the center of the road. For parcels less than one-acre, alternate fuel modification standards or other requirements may be imposed by the Fire Code Official to provide the same practical effect.
SECTION Q107 VEGETATION AND DEBRIS DISPOSAL
Q107.1 Disposition of vegetation and debris fuels. (FIRE 017). Disposal, including chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to final clearance of the related permit.
SECTION Q108 GREENBELTS
Q108.1 Greenbelts. (FIRE 018). Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically as a separation between wild land fuels and structures. The locations shall be approved by the Fire Code Official.
SECTION Q109 DEFENSIBLE SPACE
Q109.1 Standard defensible space requirements. (FIRE 019). Defensible space requirements shall meet Section 4291 of the Public Resources Code or the Code, whichever is more restrictive.
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reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the Fire Code Official and other jurisdictional authorities.
Q109.2 (RESERVED) (FIRE 020).
SECTION Q110 FIRE PROTECTION SYSTEMS
Q110.1 Residential fire sprinkler systems (Standard). (FIRE 021). The building(s) and attached structure(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable NFPA standard. A minimum of four sets of plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation. This requirement is not intended to delay issuance of a building permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection.
Q110.2 (RESERVED) (FIRE 022).
Q110.3 (RESERVED) (FIRE 023).
Q110.4 Residential fire alarm systems. (FIRE 024). The residence shall be fully protected with an approved household fire warning system as defined by NFPA 72. Plans and specifications for the household fire warning system shall be submitted by a California licensed C-10 contractor and approved prior to installation. Household fire warning systems installed in lieu of single -station smoke alarms required by the California Residential Code shall meet the requirements of the California Residential Code.
Q110.5 (RESERVED) (FIRE 025).
APPENDIX R: ROOFS
SECTION R101 GENERAL
R101.1 Scope. Applications for the construction or remodel of any buildings shall be subject to the roofing conditions of this Appendix when conditioned by the Fire Code Official.
R101.2 Conflicting Sections. Where provisions in this Appendix conflict with other sections of this Code or other appendices, the provisions of this Appendix shall prevail unless otherwise directed by the Fire Code Official.
SECTION R102 NEW BUILDINGS
R102.1 General. (FIRE 026). Roofing requirements for all new buildings shall be a minimum Class “B” roof assembly as defined by the International Building Code.
EXCEPTION: Greenhouses shall be exempt from the requirements of this Section.
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R102.2 Very High Hazard Severity Zones. (FIRE 027). Roofing requirements for all new buildings in Very High Hazard Severity Zones shall be a minimum Class “A” roof assembly as defined by the International Building Code.
R102.3 Reserved SBCO EXLUDED
SECTION R103 EXISTING BUILDINGS
R103.1 General. (FIRE 026). Roofing requirements for existing buildings when fifty percent (50%) or more of the roof area is reroofed within a one-year period after the issuance of a building permit shall be a minimum Class “B” roof assembly as defined by the California Building Code. Where there is no permit issued, this section is applicable to buildings constructed after the effective date of this code and to buildings where fifty percent (50%) or more of the roof area is reroofed within a one-year period after commencing construction.
R103.2 Very High Hazard Severity Zone. (FIRE 027). Roofing requirements for existing buildings within a very high hazard severity zone when fifty percent (50%) or more of the roof area is reroofed within a one-year period after the issuance of a building permit shall be a minimum Class “A” roof assembly as defined by the International Building Code. Where there is no permit issued, this Section is applicable to such buildings constructed after the effective date of this code and to buildings where fifty percent (50%) or more of the roof area is reroofed within a one-year period after commencing construction.
R103.3 RESERVED SBCO EXCLUDED
SECTION R104 ADDITIONS TO EXISTING BUILDINGS
R104.1 General. The requirements of this Appendix shall apply to all additions to existing buildings, except that only the new portions of the roof shall be required to meet the requirements of this Appendix.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 22, 2022 AGENDA ITEM: Consent Items DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Rosie Betanio, Lieutenant
831-636-4330
TITLE OF ITEM: RESOLUTION NO. 2022-205, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF HOLLISTER ANIMAL SHELTER AND THE REGENTS OF
THE UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS DAVIS CAMPUS SCHOOL
OF VETERINARY MEDICINE ON BEHALF OF ITS KORET SHELTER MEDICINE
PROGRAM
BRIEF DESCRIPTION: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $5,000. The grant will allow Hollister Animal Shelter to allocate the dollars for the needs of the shelter. The Hollister Animal Shelter would share five (5) years of historical intake and outcome data (2017- 2021) and five (5) years of subsequent year(s) intake and outcome data (2022-2026) to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.
RECOMMENDATION: Adopt a Resolution authorizing the City Council of the City of Hollister to accept a $5,000 grant from Koret Shelter Medicine Program.
DEPARTMENT SUMMARY: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $5000. The grant will allow Hollister Animal Shelter to allocate the dollars for the needs of the shelter. The Hollister Animal Shelter would share 5 years of historical intake and outcome data (2017-2021) and 5 years of subsequent year(s) intake and outcome data (2022-2026) to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.
FINANCIAL IMPACT: Increase in funding for the shelter of $5,000.00
CEQA:
ATTACHMENTS:
1. UCD #A64332 - Koret Shelter Medicine Program - CA for All Animals - Hollister Animal Shelter
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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I 1
RESOLUTION NO. 2022-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF HOLLISTER ANIMAL
SHELTER AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF
OF ITS DAVIS CAMPUS SCHOOL OF VETERINARY MEDICINE ON BEHALF OF ITS
KORET SHELTER MEDICINE PROGRAM
WHEREAS, the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program has offered a $5,000 grant to support the organization’s overall effectiveness and lifesaving impact; and
WHEREAS, Hollister Animal Shelter would provide five (5) years of historical and five (5) years of subsequent intake and outcome data; and
WHEREAS, the City of Hollister and Hollister Animal Shelter will mutually benefit from the agreement;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize an agreement between the City of Hollister and the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-205, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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UCD #_______
1 of 4
UC Davis Agreement #_______
SERVICES AGREEMENT
(Hollister Animal Shelter)
THIS GRANT AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and HOLLISTER ANIMAL SHELTER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall provide the services fully described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for administrative costs (“Expenses”) pursuant to Section 2 below. “Deliverables” shall consist of annual data reports and surveys for the life of the program, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $5,000 to be disbursed upon final signature below.
Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e- mail address [email protected].
3. Term. Services shall be rendered from February 14, 2022 through January 31, 2027.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
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UCD #______
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Alyssa Bautista
Business & Revenue Contracts Animal Care & Services Supervisor University of California, Davis Hollister Animal Shelter One Shields Ave. 1331 South St
Davis, CA 95616 Hollister, CA 95023
E-mail: [email protected] E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
13. Governing Law. This Agreement shall be construed pursuant to California law.
14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs ( http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and A.6.a
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UCD #______
Nonprocurement Programs ( https://www.sam.gov/index.html/##11#1) . This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
15. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action.
16. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
HOLLISTER ANIMAL SHELTER THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
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UCD #_______
4 of 4
Exhibit A
Scope of Work
1.Purpose of work: Hollister Animal Shelter will answer a baseline shelter profile questionnaire as well as share 5 years of historical intake and outcome data (2017-2021) and 5 years of subsequent year(s) intake and outcome data (2022-2026) to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.
2.Responsibilities and obligations: Shelter responsibilities include: 1) submit 5 years of intake and outcome data; 2) submit each subsequent year annually by the end of the first quarter; 3) performing record keeping as required by CA4AA; and 4) complete annual survey.
KSMP will support the shelter in complying with any of the data requirements.
3.Term: Work will be completed during the contract period of February 14, 2022 through January 31, 2027.
4.Location of work to be performed: 1331 South St, Hollister, CA 95023
5.Deliverables: Annual intake and outcome data reports and surveys will be required for the life of the program.
6.Total cost of the services: Total of services not to exceed $5,000.
7.Payment schedule: Payment will be upon execution of the agreement.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 17, 2022 AGENDA ITEM: Public Hearings DEPARTMENT:
DEPARTMENT HEAD:
Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25
TITLE OF ITEM: ORDINANCE NO. 1225 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO ADOPT CHAPTER 17.26, TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS (ZOA 2022- 2)
DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to incorporate changes related to Senate Bill 9 (Gov. Code Sections 66452.6, 65852.21, and 66411.7) which came into effect January 1, 2022. The changes will bring the municipal code into conformance with the State Law and will allow for Urban Lot Splits and two-unit housing development within single-family residential zoning districts.
RECOMMENDATION: Hold a public hearing, read by title only, waive full reading and INTRODUCE an Ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading, and adoption of the Ordinance for the December 19, 2022 City Council Meeting.
DEPARTMENT SUMMARY: The Planning Commission previously discussed urban lot splits and two-unit residential developments related to Senate Bill 9 (SB 9) during a Study Session on August 4, 2022. The purpose of the Study Session was to discuss recent laws adopted by the State of California and modifications that were required in order to implement the changes. At the Study Session, staff indicated that they would prepare a draft Ordinance and bring the Ordinance for review by the Planning Commission during a Public Hearing.
In anticipation of the adoption of an Ordinance implementing the provisions of SB 9, the City Council adopted Ordinance No. 2020 on October 3, 2022. This Ordinance modified the Zoning Ordinance to allow duplexes within the R1 (Low Density Residential) District, consistent with the requirements of SB 9.
On November 17, 2022, the Planning Commission adopted a Resolution recommending the City Council amend the Zoning Ordinance to include Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits.
Although not required, a City can implement an Ordinance related to SB 9 in order to establish requirements for the review and approval of a two-unit residential development and lot splits in the City. By including a Chapter in the Zoning Ordinance related to the implementation of SB 9, the City can establish clear, easy to understand requirements for urban lot splits and the construction of two-unit residential developments in the City.
Additionally, the City can establish design standards and other submittal requirements (that do not conflict with State Law) that would otherwise not be codified if the City relied E.1
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only on State Law for implementation of these developments which a City is required to allow under SB 9.
SENATE BILL 9:
Senate Bill (SB) 9 took effect on January 1, 2022. The purpose of SB 9 is to increase density in single family neighborhoods (the most expensive type of housing to own or rent) and to increase housing units in the State and to create more inclusive neighborhoods. All Cities must comply with the requirements of SB 9.
SB 9 applies to all single-family residential zoned properties with several key exceptions:
Environmentally sensitive areas (i.e. farmland, wetlands, protected habitats, or easements);
Environmental hazard areas (such as a fault zone) if mitigations are not possible;
Historic properties and districts;
Properties where the Ellis Act was used to evict tenants at any time in the last fifteen (15) years; and
Additionally, demolition is generally not permitted for units rented in the last 3 years, rent-controlled units, or units restricted to people of low or moderate incomes.
SB 9 requires ministerial approval of the following:
Two-unit Housing Development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).
Urban Lot Split - A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (unless a jurisdiction decides to allow additional units).
Two-Unit Housing Development
Under the provisions of SB 9, a person can request to construct a maximum of two primary dwellings units (attached or detached) on a single family residential parcel. The following requirements apply to all two-unit housing developments under SB 9:
The City must review and process an application for a SB 9 development ministerially without any discretionary/subjective review;
Development of a two-unit residential development and an Urban Lot Split is not subject to the California Environmental Quality Act;
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Minimum four-foot interior side and rear yard setbacks;
Front yard and street side setbacks shall be the same as the regulations for the zoning district in which it is located unless it precludes the construction of two 800 square foot units on the subject property;
If the existing dwelling unit is demolished to make way for a new two-unit residential development, the City cannot impose any setback requirements that are above what was existing on the site prior to the dwelling being torn down;
The residential dwellings may be attached as long as they meet building code safety standards;
All uses are restricted to residential uses only;
Provide a minimum of one off street parking space per unit unless the subject property is located within ½ mile, walking distance, to a major transit stop and then no parking spaces are required;
The City may restrict the short term rental of dwelling units created by SB 9 to a term of greater than thirty (30) days;
The City must allow an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) to be constructed per primary dwelling unit if the lot was not previously split under SB 9; and
The design of the unit must comply with any objective design standards or design guidelines the City has adopted for the Zoning District in which the property is located.
Urban Lot Splits
Under the provisions of SB 9, a person may choose to divide an existing residential parcel into two new parcels (otherwise known as an Urban Lot Split). This split may be conducted one time only and the two lots created by the lot split cannot be split later into additional lots. All Urban Lots Splits are required to comply with the following:
Each new lot must be a minimum of 1,200 square feet in size;
The Urban Lot Split must result in lots of approximately equal size provided that one parcel shall not be smaller than 40 percent of the size of the original parcel;
The property owner must intend to occupy one of the units as their principle residence for a minimum of three years;
A maximum of two dwelling units are allowed on each lot;
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The same development standards for a two-unit development (as stated above) shall also apply for the construction of dwelling units on the new parcel.
The following graphic prepared by the Association of Bay Area Governments illustrates potential scenarios that could occur on a single-family property under SB 9.
Under SB 9, the City must review and process applications for SB 9 two-unit housing developments and urban lot splits ministerially without any discretionary/subjective review or CEQA. The City may only deny an SB 9 proposal if the Director of Development Services finds that it would have a "specific, adverse impact [as defined by the law], upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." Any denials must be based on objective, identified public health and safety standards, policies, or conditions that existed when the application was submitted.
CHAPTER 17.26, TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS
Under the provisions of SB 9, a City may choose to adopt an Ordinance regulating two- unit residential developments and urban lot splits. Any Ordinance adopted by the City Council must comply with all requirements of State Law. If a City does not adopt an Ordinance, any requests for a SB 9 development or lot split would need to conform to State Law and would just need a building permit.
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LOT WITH LOT WITH LOT WITH SINGLE -FAMILY
VACANT LOT SINGLE-FAMILY HOME NONCONFORMING DUPLEX HOME AND AN ADU A1 B1 C1 D1
LU
a:
0 U-
LU
a:,
No units 1 unit Up to 2 units 1 unit
(nonconforming/ + 1 ADU I JADU
AZ B2 C2 D2
I.I) ... ~
f-_,
-Cl. z Vl
:::J f-
0 0 _,
0 0 <( z
Up to 2 units Up to 2 units No additional units Can add 1 addtl. unit + 2 ADUs/JADUs + 2 ADUs/JADUs + 1 ADU/JADU
0 B3 C3
z f-
~ ... ~
z Vl
:::J f-
0 0 _,
0 <(
Up to 4 total units Up to 4 total units Up ta 4 total units Up ta 4 total units 'Legally constructed but not currently permitted. Check your local ordinance for nonconforming use policies.
USING SB 9 WITHOUT A LOT SPLIT:
• Without a lot split, SB 9 does not limit the number
of ADUs or JADUs (B2, D2) -but other laws might.
• SB 9 could be interpreted to allow 2 new units
beyond an existing unit (up to 3 units/lot, plus
any allowed ADUs/ JADUs).
USING SB 9 WITH A LOT SPLIT :
• SB 9 does not require jurisdictions
to approve more than 4 units
total, including any ADUs/ JADUs .
SINGLE-UNIT DEVELOPMENTS
SB 9 can be used to develop single
units -but projects must comply
with all SB 9 requirements.
In order to better implement SB 9, Staff has prepared Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits for inclusion into the Zoning Ordinance.
By adopting this Chapter of the Zoning Ordinance, the City can provide a clear path for review and approval of these types of developments. Additionally, by adopting an Ordinance the City can include objective design standards and other requirements for approval of these projects.
The proposed Ordinance will provide the following:
Clear language which defines the number of lot splits allowed and the total number of dwelling units allowed on each property.
List of development standards (setbacks, lot coverage, height, etc.) that apply to two-unit residential developments.
Include design standards.
Establish application submittal requirements.
Prohibit Accessory Dwelling Units or Junior Accessory Dwelling Units on lots where an urban lot split has occurred.
Establish City review procedures.
Require an Affidavit which requires the Applicant to occupy one of the primary dwelling units as their principal residence for a minimum of three years (for urban lot splits only).
Require a Deed Restriction which prohibits future lot splits (in the case of an urban lot split), prohibits short term rentals, and prohibits non-residential uses on the site.
With the implementation of this Ordinance, a homeowner will be able to clearly review all the regulations this type of project must follow. A homeowner who wishes to build a two-unit development or conduct an urban lot split, would be required to submit the City’s prescribed application form and an affidavit to the Planning Department for review. Upon approval, as proposed in the Ordinance, the homeowner would also need to record a restrictive covenant prior to issuance of a building permit. If the City Council does not adopt this Ordinance, construction of units allowed under SB 9 would not be reviewed by the Planning Department and would not be required to conform to the above bulleted list.
FINANCIAL IMPACT: $0.
CEQA: The California Environmental Quality Act does not apply to a SB 9 lot split and/or two-unit development because the project is a ministerial project and CEQA does not apply to ministerial projects (Pub. Resources Code, Section 21080(b)(1); CEQA Guidelines, Section 15268.) Additionally, the adoption of an Ordinance related to E.1
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the implementation of SB 9 is exempt from CEQA because the Ordinance is not a project under CEQA (CEQA Guidelines, Section 15378).
ATTACHMENTS:
1. Attachment 1. Staff Report_Study Session ADU Bonus SB 9
2. Attachment 2_Staff Report_ZOA-2022-2 SB 9
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1225
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO ADOPT CHAPTER 17.26, TWO-UNIT RESIDENTIAL
DEVELOPMENTS AND URBAN LOT SPLITS (ZOA 2022-2)
WHEREAS, The Governor of California signed Senate Bill 9 “California H.O.M.E Act” into law which took effect on January 1, 2022 which added Government Code Sections 65852.21 and 66411.7; and
WHEREAS, Senate Bill 9 allows local agencies to impose objective zoning, subdivision, and design review standards on the construction of two residential dwellings and urban lot splits on a single-family property; and
WHEREAS, the Planning Commission held a duly noticed Planning Commission Study Session on August 4, 2022 to discuss the requirements of Senate Bill 9; and
WHEREAS, during the Study Session on August 4, 2022, the Planning Commission directed Staff to prepare a Zoning Ordinance Amendment related to Senate Bill 9; and
WHEREAS, on November 17, 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 a resolution 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 Amendment; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on December 5, 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:
1. The proposed amendment is consistent with the General Plan because: the proposed Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits will codify the requirements of Government Code Sections 65852.21 and 66411.7 into the Zoning Ordinance and pursuant to the Government Code this type of development is permitted on single family properties.
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2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed Zoning Ordinance Amendment will provide clear language on the requirements for lot splits, list of development standards, submittal requirements, review procedures, and will include objective design standards.
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: by including a Chapter in the Zoning Ordinance related to the requirements of Senate Bill 9, the City will provide a clear, easy to use method for determining the requirements to gain approval of these developments within the City and by implementing a Chapter in the Zoning Ordinance the City can include objective design standards and other requirements to ensure compatibility with the character of the City.
WHEREAS, the City Council of the City of Hollister hereby makes the following findings 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 California Environmental Quality Act does not apply to a SB 9 lot split and/or two-unit development because the project is a ministerial project and CEQA does not apply to ministerial projects (Pub. Resources Code, Section 21080(b)(1); CEQA Guidelines, Section 15268.) Additionally, the adoption of an Ordinance related to the implementation of SB 9 is exempt from CEQA because the Ordinance is not a project under CEQA (CEQA Guidelines, Section 15378).
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 to include a new Chapter (entitled Two-Unit Residential Developments and Urban Lot Splits to Title 17 (Zoning) to read as follows:
Chapter 17.26 –Two-Unit Residential Developments and Urban Lot Splits
17.26.010 - Purpose
The purpose of this Chapter is to establish objective standards for qualified developments in order to implement the provisions Government Code Sections 65852.21 and 66411.7 otherwise known as The California Home Act (Senate Bill 9)
17.26.020 - Applicability
The standards and limitations set forth in this Chapter shall apply to qualified SB 9 urban lot splits and two-unit residential developments within a Single family residential E.1
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zone. In the event of a conflict between the provisions of this Chapter and any other provision of the Hollister Municipal Code, the provisions of this Chapter shall prevail.
This Chapter shall not apply in the following situations:
A. The project is located on a lot(s) that are located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to an Ordinance by the City of Hollister or San Benito County.
B. Projects located on any site described in Government Code sections 65913.4(a)(6)(B) through (K), as may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to affordable levels for persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the last three years.
D. The project is located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years.
E. The subject property is owned by more than one individual property owner as defined by Section 17.26.030.C of this Chapter.
F. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
G. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) shall not be adjacent to a lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
H. The project shall not create any unpermitted construction or illegal nonconforming zoning conditions. However, the correction of preexisting nonconforming zoning conditions is not required as a condition for ministerial approval of a parcel map application for the creation of an urban lot split.
17.26.030 Definitions
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For the purposes of this Chapter, the following definitions apply:
A. Accessory Dwelling Unit (ADU) shall have the same meaning as defined under Section 65852.2(j) of the Government Code and shall mean an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling.
B. Existing primary dwelling unit shall mean a dwelling unit that currently exits on the subject parcel and does not include any existing, permitted ADU or JADU on the parcel.
C. Individual property owner means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title.
Individual property owner does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.), except for a community land trust (as defined by Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as described by Revenue and Taxation Code section 214.15).
D. Junior Accessory Dwelling Unit (JADU) shall mean an independent accessory dwelling unit that is contained within the primary dwelling unit of a property.
E. New primary dwelling unit shall mean either a new additional dwelling unit that is constructed pursuant to this Chapter, but does not include an ADU or a JADU.
F. Primary dwelling unit shall mean a residential dwelling, other than an ADU or JADU, with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities.
G. Two-unit residential development shall mean a residential development that proposes no more than two primary dwelling units or proposes to add one New primary dwelling unit to an Existing primary dwelling unit, per parcel. For properties with an Existing primary dwelling unit and an existing ADU or JADU, the combination of these two dwelling units shall constitute the two units allowed per parcel.
H. Single family residential zone shall have the same meaning as in California Government Code section 65852.21. A Single family residential zone includes the RE (Residential Estate), R1 (Low Density Residential), R1 L/PZ (Low Density Residential/Performance Overlay) Zoning Districts and any property within a planned unit development or a specific plan area where a detached single-family dwelling is permitted by right.
I. Sufficient for Separate Conveyance shall mean a development created by this Chapter that is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another.
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J. Urban lot split shall have the same meaning as in California Government Code section 66411.7 and shall refer to the subdivision of a parcel in a Single family residential zone into two parcels, and in accordance with all other requirements of Section 66411.7.
17.26.040 Number of Dwelling Units Permitted
A. Urban Lot Splits. For parcels where an urban lot split is proposed, the following shall apply as specified in Government Code section 65852.21:
1. Developed Lots. No more than two (2) dwelling units of any kind may be constructed on each of the resulting parcels. For lots with an existing ADU or JADU, the ADU or JADU shall count towards the total number of allowed dwelling units. For new construction, only a primary dwelling unit shall be constructed.
2. Vacant Lots. A maximum of two primary dwelling units shall be allowed on each lot created by an urban lot split.
B. All Other Lots. For parcels where an Urban Lot split is not proposed or has not been previously approved, the following shall apply as specified in Government Code Section 65852.21:
1. Developed Lot. No more than two primary dwelling units may exist on the lot.
2. Vacant Lot. A maximum of two primary dwelling units are allowed per lot.
3. Accessory Dwelling Units and Junior Accessory Dwelling Units.
a. In addition to two detached primary dwelling units, the property may also have one Accessory Dwelling Unit and/or one Junior Accessory Dwelling unit which conforms to the requirements of the Municipal Code and Government Code Sections 65852.2 and 65852.22.
b. For properties with two attached primary dwelling units, the following is permitted in accordance with the Municipal Code and Government Code Sections 65852.2 and 65852.22.
i. A minimum of one ADU located within the non-livable
portions of the existing multi-family structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and garages. The maximum number of
accessory dwelling units shall not exceed 25% of the
number of legally established dwelling units within the existing multifamily structure; or
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ii. A maximum of two (2) accessory dwelling units that are detached from the multi-family structure.
17.26.050 Development Standards and Design Criteria
A. General. All two-unit residential developments, and any development on a lot created through an urban lot split, shall be subject to the standards and criteria set forth in this section. If any objective standards within this Section will physically preclude the construction of up to two (2) 800 square foot-minimum units, the City shall provide relief, to the extent required by Government Code section 65852.21 (b)(2)(A), from the objective standards.
B. Minimum Unit Size. Each New primary dwelling unit constructed as part of an urban lot split or as part of a two-unit residential development shall be at least 800 square feet in size.
C. Lot Coverage. The lot coverage for each parcel shall be the same as for the Zoning District in which the parcel is located. Should the lot coverage prohibit the construction of a unit(s) as required by Government Code section 65852.21 (b)(2)(A), the lot coverage shall be increased accordance with section
17.26.050.A above.
D. Unit Height. The primary dwelling unit shall have the same maximum height as the Zoning District in which the parcel is located.
E. Building Setbacks.
1. Front Yard. The minimum front yard setback shall conform to the requirements of the Zoning District which governs the property.
2. Interior Side Yard. The minimum interior side yard setback shall be four feet.
3. Rear Yard. The minimum rear yard setback shall be four feet.
4. Street Side Yard. The minimum street side yard setback shall be 10 feet.
5. Existing Structure. The setback for an existing, legal nonconforming shall be allowed to continue on the site. Any addition to the existing structure shall be allowed to use the same setbacks that were approved for the existing structure
6. Planned Unit Development. Where a Planned Unit Development allows a smaller setback for side, rear and/or street side yards than the setbacks under this Chapter, the New primary dwelling unit shall comply with those Planned Unit Development setbacks.
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7. Two Story Structures. For two story structures, the second story shall be set back five (5) feet from the main wall of the existing primary dwelling unit.
8. All new structures shall be set back a minimum of five (5) feet from the eaves of an inhabited structure (measured from eave to eave) and a minimum of 3 feet to an uninhabitable structure.
9. All building setbacks to a fence shall be in accordance with the Building Code.
F. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, excluding the allowed driveway for garages pursuant to Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards. Driveway width shall be a maximum of 20 feet in width for a double car garage and 30 feet for a three car garage.
G. Street Access. Each parcel created through an urban lot split shall have driveway access or pedestrian access to the public right-of-way or private street. Design of all curb cuts and driveway location shall conform to the requirements of Section
17.18.120 of the Hollister Municipal Code for safety purposes, except that two curb cuts shall be permitted for two-unit residential developments created through this Chapter.
H. Design. All new units shall have the same architectural style, detail, color and building materials as the Existing primary dwelling unit. Where two units are proposed on a parcel created through an urban lot split, the two new units on said parcel shall have the same architectural style, detail, color, and materials.
I. Mechanical Equipment. All mechanical and utility equipment shall be screened from view from the street through a combination of wall or fencing and landscape plant materials sufficient to screen the height and width of the equipment.
J. Parking. All new units shall have direct access to their required parking space via a walkway from the unit directly to the parking space. A minimum of one off- street parking space (covered or uncovered) shall be provided per dwelling unit, unless the parcel is located within:
1. One-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155 or a major transit stop, as defined in the Public Resource Code section 21064.3; or
2. One city block of a car share vehicle.
K. Residential Use Only. With the exception of an approved Home Occupation, as defined in Hollister Municipal Code section 17.22.130, non-residential uses shall not be permitted on any lot created by an urban lot split or in a dwelling unit created by this Chapter. All uses shall conform to those uses established under Section 17.04.020 for the Zoning District in which the property is located.
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L. Street Facing Elevation. For new construction, street facing elevations which are greater than 100 feet in length, shall have a plane break along the facade composed of an offset of at least 5 feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.
M. Short-Term Rentals are Prohibited. The rental of any dwelling unit on a lot created through an urban lot split or any unit created pursuant to Government Code section 65852.21 shall be for a term longer than thirty (30) consecutive days.
17.26.60 Permit Application and Review Procedures
A. Application. An applicant for a two-unit residential development or an urban lot split shall submit an application on a form provided by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed, all required materials are submitted, and the application fee is paid.
B. Affidavit. The applicant for an urban lot split shall sign and submit an affidavit, on a form prepared by the City, stating that the applicant intends to occupy one of the primary dwelling units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
C. Deed Restriction. Prior to the issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, which shall run with the land and provide for the following:
1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;
2. A prohibition against renting or leasing the units for a period of less than thirty (30) days;
3. A prohibition on the new construction of an ADU or JADU on any property created through an urban lot split and pursuant to Government Code section 65852.11 (existing and approved by the City ADU or JADU will be allowed to remain); and
4. For any lots created through an urban lot split, a prohibition against further lot splits.
D. Ministerial Review. Consistent with state law, the Director of Development Services will administratively consider and approve or disapprove a complete application for an Administrative Site and Architectural Review Permit for a two- unit residential development or an urban lot split created under this Chapter ministerially, without discretionary review or public hearing.
E. Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director of Development Services may deny an application for a residential E.1
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development or a parcel map for an urban lot split if the Director of Development Services makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
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 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 on time in the Free Lance, a newspaper of general circulation.
INTRODUCED at a regular City Council meeting on the 5th day of December, 2022.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1225 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 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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PURPOSE: Changes in State Law Related to Density Bonuses, SB 9 and Accessory Dwelling Units – A discussion of the recent changes in State Law related to Density Bonuses and Accessory Dwelling Units and the new Senate Bill 9 related to single family residential development.
STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner
ATTACHMENTS: 1. Text of Senate Bill 9
2. SB 9 Graphic Illustration (ABAG)
3. Section 17.22.040, Accessory Dwelling Units, of the Hollister Zoning Ordinance
4. Accessory Dwelling Unit Handbook (California Department of Housing and Community Development)
5. Chapter 17.04, Article II, Density Bonuses, of the Hollister Zoning Ordinance
6. Government Code Sections 65915-65918, Density Bonuses and Other Incentives
BACKGROUND:
Several changes in State Law and the introduction of Senate Bill 9 (SB 9) have occurred since the Zoning Ordinance was last updated. SB 9 was signed into law on September 16, 2021 and took effect on January 1, 2022. SB 9 allows property owners within a single-family residential zone (Hollister’s R1 (Low Density Residential) Zoning District) to build two units and/or to subdivide their lot into two parcels, which would allow a maximum of four residential dwellings to be constructed.
Several changes in State Law have been made since Section 17.22.040, Accessory Dwelling Units, of the Hollister Zoning Ordinance was last modified in 2019. On January 1, 2021, several changes to State Law were introduced to further reduce barriers to the construction of ADUs and to streamline the process for approval. Section 17.22.040 of the Zoning Ordinance is not consistent with current State Law.
Planning Commission
Study Session Staff Report
August 4, 2022
Item 2
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SB 9, ADU and Density Bonuses
Several changes in State Law and a court ruling have changed how a City can evaluate a density bonus request. Density bonuses in Hollister are regulated under Chapter 17.04, Article II which was last updated in 2011. The current Article II, Density Bonus is not consistent with the current State Law.
Because the City’s Zoning Ordinance is not up to date with the current SB 9 as well as changes in State Law regarding ADUs and Density Bonuses, the City must review applications for the items against the Government Code and cannot use the Zoning Ordinance.
Tonight’s discussion is an overview of the new SB 9 and the changes in State Law related to ADUs and Density Bonuses.
ANALYSIS:
Senate Bill 9 (SB 9)
Senate Bill (SB) 9 took effect on January 1, 2022 and is not codified in the current Zoning Ordinance. The purpose of SB 9 is to increase density in single family neighborhoods (the most expensive type of housing to own or rent) and to increase housing units in the State and to create more inclusive neighborhoods.
SB 9 applies to all single-family residential zoned properties with several key exceptions:
• Environmentally sensitive areas (i.e. farmland, wetlands, protected habitats, or easements);
• Environmental hazard areas (such as a fault zone) if mitigations are not possible;
• Historic properties and districts;
• Properties where the Ellis Act was used to evict tenants at any time in the last 15 years; and
• Additionally, demolition is generally not permitted for units rented in the last 3 years, rent-controlled units, or units restricted to people of low or moderate incomes.
SB 9 requires ministerial approval of the following:
• Two-unit Housing Development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).
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• Urban Lot Split - A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (unless a jurisdiction decides to allow additional units).
Two-Unit Housing Development
Under the provisions of SB 9, a person can request to construct a maximum of two primary dwellings units (attached or detached) on a single family residential parcel. The following requirements apply to all two-unit housing developments under SB 9:
• The City must review and process an application for a SB 9 development ministerially without any discretionary/subjective review;
• Development of a two-unit residential development and an Urban Lot Splits is not subject to the California Environmental Quality Act;
• Minimum four foot interior side and rear yard setbacks;
• Front yard and street side setbacks shall be the same as the regulations for the zoning district in which it is located unless it precludes the construction of two 800 square foot units on the subject property;
• If the existing dwelling unit is demolished to make way for a new two-unit residential development, the City cannot impose any setback requirements that are above what was existing on the site prior to the dwelling being torn down;
• The residential dwellings may be attached as long as they meet building code safety standards;
• All uses are restricted to residential uses only;
• Provide a minimum of one off street parking space per unit unless the subject property is located within ½ mile, walking distance, to a major transit stop and then no parking spaces are required;
• The City may restrict the short term rental of dwelling units created by SB 9 to a term of greater than 30 days;
• The City must allow an ADU or JADU to be constructed per primary dwelling unit if the lot was not previously split under SB 9;
• The design of the unit must comply with any objective design standards or design E.1.a
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guidelines the City has adopted for the Zoning District in which the property is located.
Urban Lot Splits
Under the provisions of SB 9, a person may choose to divide an existing residential parcel into two new parcels (otherwise known as an Urban Lot Split). This split may be conducted one time only and the two lots created by the lot split cannot be split later into additional lots. All Urban Lots Splits are required to comply with the following:
• Each new lot must be a minimum of 1,200 square feet in size;
• The Urban Lot Split must result in lots of approximately equal size provided that one parcel shall not be smaller than 40 percent of the size of the original parcel;
• The property owner must intend to occupy one of the units as their principle residence for a minimum of three years;
• A maximum of two dwelling units are allowed on each lot;
• The same development standards for a two-unit development (as stated above) shall also apply for the construction of dwelling units on the new parcel.
The following graphic prepared by the Association of Bay Area Governments illustrates potential scenarios that could occur on a single-family property under SB 9 (please also refer to Attachment 2 for more information):
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SB 9, ADU and Density Bonuses
Under SB 9, the City must review and process applications for SB 9 two-unit housing developments and urban lot splits ministerially without any discretionary/subjective review or CEQA. The City may only deny an SB 9 proposal if the Building Official finds that it would have a "specific, adverse impact [as defined by the law], upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." Any denials must be based on objective, identified public health and safety standards, policies, or conditions that existed when the application was submitted.
The City’s Zoning Ordinance does not include provisions that would allow the development of units permitted by SB 9. Minor modifications to allowable residential uses in the Zoning Ordinance as well as a new section in the Zoning Ordinance dedicated to these type of developments would be required in order to comply with SB 9.
Accessory Dwelling Units (ADUs)
An Accessory Dwellings Unit (ADU) is an accessory dwelling with complete living facilities for one E.1.a
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LOT WITH LOT WITH LOT WITH SINGLE -FAMILY
VACANT LOT SI NGLE -FAMILY HOME NONCONFORM ING DUPLEX HOME AND AN ADU A1 B1 (1 D1
LU
a:
0 u..
LU
C0
No units 1 unit Up to 2 units 1 unit
(nonconforming) + 1 ADU/JADU
A2 B2 C2 D2
-!::: V, ---' !::: 0.. z V1 ::, 5
0 ---' 0 0 <( z
Up to 2 units Up t o 2 units No additional units Can add 1 addtl. unit + 2 ADUs/JADUs + 2 ADUs/JADUs + 1 ADU/JADU
0 B3 (3
z I-
v, .. ~
!::: 0.. z V1
::, I-og
0 <(
Up to 4 total units Up to 4 total units Up to 4 total units Up to 4 total units ·Legally constructed but not currently permitted. Check your local ordinance for nonconforming use policies.
USING SB 9 WITHOUT A LOT SPLIT:
• Without a lot split, SB 9 does not limit the number
of ADUs or JADUs (B2, 02) -but othe r laws might.
• SB 9 could be interpreted to allow 2 new units
beyond an e xisting un it (up to 3 units /lot, plus
any allowed ADUs / JADUs).
USING SB 9 WITH A LOT SPLIT:
• SB 9 does not require jurisdictions
to approve more than 4 units
total, including any ADUs / JADUs.
SINGLE -UNIT DEVELOPMENTS
SB 9 can be used to develop single
units -but projects must comply
with all SB 9 requireme n ts.
PC Study Session Staff Report
SB 9, ADU and Density Bonuses
or more persons. There are several types of ADUs including:
• Detached – which means the ADU is separated from the primary dwelling unit or structure;
• Attached – which means the ADU is attached to the primary structure on a lot; • Converted Existing Space – which is any space on a lot with a primary dwelling unit (i.e. master bedroom, garage, storage space, accessory structure, etc.) that is converted into an independent living unit.
• Junior Accessory Dwelling Unit (JADU) - which is a specific type of conversion of an existing space within a single-family residence that is contained entirely within that structure.
The City regulates Accessory Dwelling Units under Chapter 17.22.040 of the Zoning Ordinance (Attachment 3). This Ordinance was last updated in 2019, but is not consistent with the changes in State Law which are summarized below.
The following changes to State Law have been made with regards to how the City processes review of an Application for an ADU:
• The Application for an ADU or JADU shall be deemed approved if the City has not acted on a complete application within 60 days (reduced from 120 days);
• Requires ministerial approval of an application for a Building Permit in a residential or mixed use zone to create one ADU and one JADU per lot;
• Establishes impact fee exemptions and limitations; and
• Prohibits Covenants, Codes and Restrictions that restrict the construction of or use of and ADU or JADU.
The following changes to State Law have been made which restrict how a City can review ADUs which are not consistent with the City’s current Zoning Ordinance:
• Allows for the rental of a ADU or JADU even if the ADU or JADU was approved with a condition that restricted the unit being rented;
• Prohibits requirements which require a minimum lot size for construction of an ADU;
• Eliminates owner occupancy requirements for ADUs approved between January 1, 2020 – January 1, 2025;
• Prohibits a City from establishing a maximum size of an ADU of less than 850 square E.1.a
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SB 9, ADU and Density Bonuses
feet, or 1,000 square feet if the ADU has one or more bedrooms;
• When an ADU is created through the conversion of a garage, carport, or covered parking, the City may not require replacement off-street parking;
• The accessory structure definition has been modified to read “a structure that is accessory or incidental to a dwelling on the same lot as the ADU”;
• Allows a City to identify an ADU or JADU as an adequate site to satisfy Regional Housing Needs Allocation housing needs;
• Allows a JADU to be constructed within the walls of a proposed or existing single family residence and eliminates the required inclusion of an existing bedroom or interior entry into the residence;
• An ADU does not count towards the allowable density of a lot;
• Parking requirements for an ADU may not exceed one parking space per unit or bedroom, whichever is less and may be provided as tandem parking on a driveway;
• There is no limit on the number of bedrooms in an ADU; and
• An ADU is also permitted on a lot where an SB 9 lot split has occurred (as long as there are no more than two total dwelling units on each parcel).
For additional information regarding ADUs, please refer to the Accessory Dwelling Unit Handbook, prepared by the California Department of Housing and Community Development, included as Attachment 4. As mentioned above, the existing Zoning Ordinance is not consistent with State Law and changes to the Ordinance will need to be made in order to comply with State Law.
Density Bonus
The State Density Bonus Law (Sections 65915-65918 of the California Government Code, Attachment 6) allows developer to seek a density bonus in exchange for donating land or for building affordable projects. A density bonus means the increase over the otherwise maximum allowable gross residential density established by the City, the amount of which varies based on the type and percentage of affordable housing provided by the Developer.
The following Table summarizes the percentage of bonus granted by the Target Group (level of affordability) and the percentage of affordable units that are provided on-site. The density bonus granted by the current Density Bonus State Law is higher than what is currently listed in Hollister’s E.1.a
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Zoning Ordinance.
Table 1: Density Bonus by Target Group and Percentage of Development Affordability
Target Group Minimum %
Target Units
Bonus
Granted
Additional
Bonus for Each
1% Increase in
Target Units
% Target Units
Required for
Maximum 50%
Bonus
Very Low Income 5% 20% 2.5% 15%
Low Income 10% 20% 1.5% 24%
Moderate Income
(Common Interest
Development, Condo or
PUD only)
10% 5% 1% 44%
Senior Citizen Housing
Development
100% 20% – –
100% Affordable
Project (includes bonus
units)
100% 80%1 – –
1 If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density [Gov. Code. Sec. 65915 (f)(3)(D)(ii)]
In addition to granting a density bonus, the City is required to provide one or more incentives or concessions to each project which qualifies for a density bonus (see Table 1). The following have been identified as a concession or incentive under the Government Code:
• A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or
• Approval of mixed use zoning; or
• Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.
The number of incentives that can be granted are based on the percentage and type of affordable housing provided in the development.
Several changes have been made to the State Density Bonus Law since the City’s Density Bonus Ordinance was amended in 2011. The following changes to have been made which are not consistent with the City’s current Ordinance:
• The City must allow for a higher density bonus as listed in Table 1; E.1.a
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SB 9, ADU and Density Bonuses
• The City must grants a density bonus for the provision of units for foster youths, disabled veterans, homeless and college students;
• The Law now allows a density bonus for mixed-use projects;
• The State Law establishes parking requirements which are lower than what is in the Zoning Ordinance (granted based on the provision of affordable housing, a Developer may also seek an incentive to further reduce required on-site parking);
• The State Law establishes affordable housing restrictions which are different from what is in the current Zoning Ordinance;
• A City is required to clearly show what information must be submitted for a complete density bonus application;
• Current law increases the total number of incentives the City must provide (up to four incentives);
• A City must grant a density bonus for the provision of a childcare facility on residential and commercial and industrial projects; and
• Permits the City to grant a floor area ratio bonus rather than a tradition density bonus for high density projects adjacent to public transit.
As mentioned above, the existing Zoning Ordinance is not consistent with State Law and changes to the Ordinance will need to be made in order to comply with State Law.
CONCLUSION:
The City’s Zoning Ordinance is not consistent with State Law with respect to Density Bonuses and Accessory Dwelling Units. Additionally, SB 9 recently took effect and the Hollister Zoning Ordinance does not allow for the additional dwellings allowed under this Senate Bill.
Modifications to the Zoning Ordinance are required in order to comply with current regulations.
RECCOMENDATION:
Staff recommends that the Planning Commission provide Staff with direction/comments and direct Staff to do the following:
• Draft a new Ordinance related to SB 9 for inclusion into the Zoning Ordinance; and
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• Make minor modifications in the Zoning Ordinance so that the Zoning Ordinance is consistent with the new Ordinance related to SB 9; and
• Modify Section 17.22.040, Accessory Structures, so that this Section is consistent with State Law; and
• Modify Chapter 17.04, Article II, Density Bonus, so that this section is consistent with State Law.
NEXT STEPS:
Should the Planning Commission direct Staff to make the modifications mentioned above, Staff will bring draft Ordinances to the Planning Commission for review during a Public Hearing for recommendation to the City Council.
Most of the current Zoning Ordinance has not been amended since 2008. Staff is aware of several changes to the Zoning Ordinance that both the Planning Commission and City Council would like made. Additionally, changes will be required once the Hollister 2040 General Plan is adopted, which is currently being drafted. Once the General Plan is adopted, Staff intends to overhaul the entire Zoning Ordinance to reflect desired changes, changes required by the General Plan and to make the Zoning Ordinance more user friendly. Staff intends to bring the modifications to the Planning Commission for review during several Study Sessions prior to a Public Hearing.
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SUBJECT: Zoning Ordinance Amendment 2022-2 – Amendments to the City of Hollister Municipal Code to incorporate changes related to Senate Bill 9 (Gov. Code Sections 66452.6, 65852.21, and 66411.7) which came into effect January 1, 2022. The changes will bring the municipal code into conformance with the State Law and will allow for Urban Lot Splits and two-unit housing development within single-family residential zoning districts.
STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner
ATTACHMENTS: 1. Resolution recommending City Council adoption of Chapter
17.26, Two-Unit Residential Developments and Urban Lot Splits of the Zoning Ordinance with Ordinance included as Exhibit A.
RECOMMENDATION: Approve Resolution
BACKGROUND:
The Planning Commission previously discussed urban lot splits and two-unit residential developments related to Senate Bill 9 (SB 9) during a Study Session on August 4, 2022. The purpose of the Study Session was to discuss recent laws adopted by the State of California and modifications that were required in order to implement the changes. At the Study Session, Staff indicated that we would prepare a draft Ordinance and bring the Ordinance for review by the Planning Commission during a Public Hearing.
In anticipation of the adoption of an Ordinance implementing the provisions of SB 9, the City Council adopted Ordinance No. 2020 on October 3, 2022. This Ordinance modified the Zoning Ordinance to allow duplexes within the R1 (Low Density Residential) District, consistent with the requirements of Senate Bill 9.
The purpose of tonight’s meeting is to review the proposed Zoning Ordinance Amendment to adopt Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits, to implement the provisions of SB 9 into the City’s Zoning Ordinance.
Planning Commission
Staff Report
November 17, 2022
Item 4
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Staff Report
ZOA 2022-2
SENATE BILL 9:
Senate Bill (SB) 9 took effect on January 1, 2022. The purpose of SB 9 is to increase density in single family neighborhoods (the most expensive type of housing to own or rent) and to increase housing units in the State and to create more inclusive neighborhoods.
SB 9 applies to all single-family residential zoned properties with several key exceptions:
• Environmentally sensitive areas (i.e. farmland, wetlands, protected habitats, or easements);
• Environmental hazard areas (such as a fault zone) if mitigations are not possible;
• Historic properties and districts;
• Properties where the Ellis Act was used to evict tenants at any time in the last 15 years; and
• Additionally, demolition is generally not permitted for units rented in the last 3 years, rent-controlled units, or units restricted to people of low or moderate incomes.
SB 9 requires ministerial approval of the following:
• Two-unit Housing Development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).
• Urban Lot Split - A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (unless a jurisdiction decides to allow additional units).
Two-Unit Housing Development
Under the provisions of SB 9, a person can request to construct a maximum of two primary dwellings units (attached or detached) on a single family residential parcel. The following requirements apply to all two-unit housing developments under SB 9:
• The City must review and process an application for a SB 9 development ministerially without any discretionary/subjective review;
• Development of a two-unit residential development and an Urban Lot Split is not subject to the California Environmental Quality Act;
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Staff Report
ZOA 2022-2
• Minimum four foot interior side and rear yard setbacks;
• Front yard and street side setbacks shall be the same as the regulations for the zoning district in which it is located unless it precludes the construction of two 800 square foot units on the subject property;
• If the existing dwelling unit is demolished to make way for a new two-unit residential development, the City cannot impose any setback requirements that are above what was existing on the site prior to the dwelling being torn down;
• The residential dwellings may be attached as long as they meet building code safety standards;
• All uses are restricted to residential uses only;
• Provide a minimum of one off street parking space per unit unless the subject property is located within ½ mile, walking distance, to a major transit stop and then no parking spaces are required;
• The City may restrict the short term rental of dwelling units created by SB 9 to a term of greater than 30 days;
• The City must allow an ADU or JADU to be constructed per primary dwelling unit if the lot was not previously split under SB 9;
• The design of the unit must comply with any objective design standards or design guidelines the City has adopted for the Zoning District in which the property is located.
Urban Lot Splits
Under the provisions of SB 9, a person may choose to divide an existing residential parcel into two new parcels (otherwise known as an Urban Lot Split). This split may be conducted one time only and the two lots created by the lot split cannot be split later into additional lots. All Urban Lots Splits are required to comply with the following:
• Each new lot must be a minimum of 1,200 square feet in size;
• The Urban Lot Split must result in lots of approximately equal size provided that one parcel shall not be smaller than 40 percent of the size of the original parcel;
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Staff Report
ZOA 2022-2
• The property owner must intend to occupy one of the units as their principle residence for a minimum of three years;
• A maximum of two dwelling units are allowed on each lot;
• The same development standards for a two-unit development (as stated above) shall also apply for the construction of dwelling units on the new parcel.
The following graphic prepared by the Association of Bay Area Governments illustrates potential scenarios that could occur on a single-family property under SB 9.
Under SB 9, the City must review and process applications for SB 9 two-unit housing developments and urban lot splits ministerially without any discretionary/subjective review or CEQA. The City may only deny an SB 9 proposal if the Director of Development Services finds that it would have a "specific, adverse impact [as defined by the law], upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate E.1.b
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VACANT LOT
No units
Up to 2 units
+ 2 ADUs/JADUs
A1
A2
Up to 4 total units
LOT WITH
SI NGLE -FAMILY HOME
1 unit
Up to 2 units
+ 2 ADUs/JADUs
B1
B2
B3
Up to 4 total units
LOT WITH
NONCONFORM ING DUPLEX
Up to 2 units
(nonconforming)
C1
C2
No additional units
C3
Up to 4 total units
LOT WITH SI NGLE -FAMILY
HOME AND AN ADU
D1
1 unit
+ 1 ADUIJADU
D2
Can add 1 addt/. unit
+ 1 ADUI JADU
Up to 4 total units
'Legally constructed but not currently permitted. Check your local ordinance for nonconforming use policies.
USING SB 9 WITHOUT A LOT SPLIT:
• Without a lot split, SB 9 does not limit the number
of ADUs or J ADUs (82 , D2) -but other laws might.
• SB 9 could be interpreted to allow 2 new units
beyond an existing unit (up to 3 units/lot, plus
any allowed ADUs / JADUs).
USING SB 9 WITH A LOT SPLIT:
• SB 9 does not require jurisdictions
to appr ove more than 4 units
total, including any ADUs / JADUs.
SINGLE-UNIT DEVELOPMENTS
SB 9 can be used to develop singl e
units -but projects must comply
with all SB 9 requirements.
Staff Report
ZOA 2022-2
or avoid the specific, adverse impact." Any denials must be based on objective, identified public health and safety standards, policies, or conditions that existed when the application was submitted.
CHAPTER 17.26, TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS
Under the provisions of SB 9, a City may choose to adopt an Ordinance regulating two-unit residential developments and urban lot splits. Any Ordinance adopted by the City Council must comply with all requirements of State Law. If a City does not adopt an Ordinance, any requests for a SB 9 development or lot split would need to conform to State Law and would just need a building permit.
In order to better implement SB 9, Staff has prepared Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits (Exhibit A of Attachment 1) for inclusion into the Zoning Ordinance. By adopting this Chapter of the Zoning Ordinance, the City can provide a clear path for review and approval of these types of developments. Additionally, by adopting an Ordinance the City can include objective design standards and other requirements for approval of these projects.
The proposed Ordinance will provide the following:
• Clear language which defines the number of lot splits allowed and the total number of dwelling units allowed on each property.
• List of development standards (setbacks, lot coverage, height, etc.) that apply to two- unit residential developments.
• Limit two-unit residential units to two primary dwelling units and prohibit accessory dwelling units on properties with two primary dwelling units.
• Include design standards.
• Establish application submittal requirements.
• Establish City review procedures.
• Require an Affidavit which requires the Applicant to occupy one of the primary dwelling units as their principal residence for a minimum of three years (for urban lot splits only).
• Require a Deed Restriction which prohibits future lot splits (in the case of an urban lot split), prohibits short term rentals, and prohibits non-residential uses on the site.
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With the implementation of this Ordinance, a homeowner will be able to clearly review all the regulations this type of project must follow. A homeowner who wishes to build a two-unit development or conduct an urban lot split, would be required to submit the City’s prescribed application form and an affidavit to the Planning Department for review. Upon approval, as proposed in the Ordinance, the homeowner would also need to record a restrictive covenant prior to issuance of a building permit.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The California Environmental Quality Act does not apply to a SB 9 lot split and/or two unit development because the project is a ministerial project and CEQA does not apply to ministerial projects (Pub. Resources Code, Section 21080(b)(1); CEQA Guidelines, Section 15268.) Additionally, the adoption of an Ordinance related to the implementation of SB 9 is exempt from CEQA because the Ordinance is not a project under CEQA (CEQA Guidelines, Section 15378).
CONCLUSION:
Although not required, a City can implement an Ordinance related to SB 9 in order to establish requirements for the review and approval of a two-unit residential development and lot splits in the City. By including a Chapter in the Zoning Ordinance related to the implementation of SB 9, the City can establish clear, easy to understand requirements for urban lot splits and the construction of two-unit residential developments in the City. Additionally, the City can establish design standards and other submittal requirements (that do not conflict with State Law) that would otherwise not be codified if the City relied only on State Law for implementation of these developments which a City is required to allow under SB 9.
PLANNING COMMISSION OPTIONS:
The Planning Commission can choose one of the following options:
1. Adopt a Resolution recommending City Council adoption of Chapter 17, 26, Two-Unit Residential Developments and Urban Lot Splits;
2. Adopt a Resolution recommending City Council adoption of Chapter 17, 26, Two-Unit Residential Developments and Urban Lot Splits, with modifications to the draft Ordinance proposed by the Planning Commission;
3. 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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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Rosie Betanio, Lieutenant
831-636-4330
TITLE OF ITEM: RESOLUTION NO. 2022-206, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF HOLLISTER ANIMAL SHELTER AND BEST FRIENDS
ANIMAL SOCIETY
BRIEF DESCRIPTION: Best Friends Animal Society will provide grant funding to Hollister Animal Shelter for the support of helping increase its overall save rate. The grant money will be used to offset the staffing/supply needs of Peer Mentor, as well as provide resources that can be used by the Hollister Animal Shelter and/or third-party partners to support life-saving work.
RECOMMENDATION: Adopt a Resolution authorizing the City Council of the City of Hollister to accept a $14,000 grant from Best Friends Animal Society.
DEPARTMENT SUMMARY: Best Friends will provide grant funding to the Hollister Animal Shelter for the support of helping increase its overall save rate. The grant money will be used to offset the staffing/supply needs of Peer Mentor, as well as provide resources that can be used by the Fellow and/or third-party partners to support life- saving work. Peer Mentor will work directly with the Hollister Animal Shelter to increase positive outcomes, and reduce shelter deaths, in a sustainable way.
Hollister Animal Shelter understands that they are required to:
1. Commit to implementing new skills and programs, as appropriate, to increase positive outcomes at the organization.
2. Close night kennels
3. Stop accepting o/s for euthanasia
4. Only accept o/s they think they can help
5. Increase funding for spay/neuter and treatment of sick/injured
6. Vaccinate kittens on intake
7. Decline intake of healthy stray cats
8. Allocate appropriate time for any team members involved in the mentorship to work with Peer Mentor team.
9. Provide appropriate statistics in Shelter Animals Count (SAC) or directly to Best Friends program staff monthly, by the 15th of the following month (for example, January stats are due by February 15), as well as any additional data requested to quantify success. Fellow will also opt into the Best Friends coalition in Shelter Animals Count.
10. Participate in monthly conference calls to report on successes and challenges.
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11. Allow Peer Mentor and Best Friends staff access to observe staff in working environment and agree to follow up discussions post visit to ensure successful implementation of the program.
The goal of this mentorship is to help Hollister Animal Shelter further develop expertise and support to increase its organization’s overall effectiveness and lifesaving impact.
Grants will be provided in three payments to the Hollister Animal Shelter:
Payment #1 (December): $5,600
Payment #2 (April): $4,200
Payment #3 (August): $4,200
To County of Santa Clara Animal Services:
Payment #1 (December): $5,000
FINANCIAL IMPACT: Increase in funding for the shelter of $14,000.00
CEQA: N/A
ATTACHMENTS:
1. Hollister Fellow Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF HOLLISTER ANIMAL
SHELTER AND BEST FRIENDS ANIMAL SOCIETY
WHEREAS, Best Friends Animal Society has offered a $14,000 grant to support the organization’s overall effectiveness and lifesaving impact; and
WHEREAS, Best Friends Animal Society agrees to provide meetings, develop specific goals, mentorship, coach, and provide related resources as needed to ensure successful implementation; and
WHEREAS, the City of Hollister and Hollister Animal Shelter will mutually benefit from the agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize an agreement between the City of Hollister and Hollister Animal Shelter.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of December, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-206, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of December, 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 December, 2022.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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This letter serves as an acknowledgement between Hollister Animal Shelter (“Fellow”) and Best Friends Animal Society to work together through a one -time mentorship. The goal of this mentorship will be to help Fellow further develop expertise and support to increase their organization’s overall effectiveness and lifesaving impact.
The following commitments will be agreed upon:
Best Friends Animal Society agrees to provide appropriate staff, free of charge, to:
1. Conduct an initial meeting (via phone, Skype, or other web -based meeting technology) with the designated contact person from Fellow Hollister Animal Shelter & County of Santa Clara Animal Services (“Peer Mentor”) to assess their organization’s specific needs within the above listed focal area.
2. Work with that contact person to develop specific goal(s) and a mentorship timeline. 3. Provide Fellow resources to assist them in conducting on-site observations, mentorship, and training. If mutually determined necessary, provide a written summary of findings and actionable recommendations post visit.
4. Coach, advise and provide related resources as needed to ensure successful implementation.
Hollister Animal Shelter understands that they are required to:
1. Commit to implementing new skills and programs , as appropriate, to increase positive outcomes at the organization.
Tentative plan (subject to change):
• Close Night Drop Kennels: Currently the night drop kennels allow animals in all sorts of conditions to be left at great peril to the animals and expense to the shelter. Recommend lock with code that can be given to law enforcement agencies to keep call-out at a minimum. Posting of sign with emergency number and reason for closure. (I saw you are already
working on this- hooray!)
• Stop accepting o/s for euthanasia: Shelter does not have a vet or access to euthanasia drugs. Currently, they are intaking euth requests, holding them for days before getting an appointment to bring them to a local vet for euthanasia. Recommend removing themselves from the equation and referring d irectly to vet. • Only accept o/s they think they can help: They do not have veterinary staff, so medical cases should not be accepted. Other surrenders best served by the shelter should be considered when space allows.
• Increase funding for spay/neuter and treatment of sick/injured:
This is where funding will be best used. We spoke about booking standing appointments for spay/neuter and being able to increase amount spent on each animal.
• Vaccinate kittens on intake: Budget is a barrier here. Funding to vaccinate kittens awaiting adoption/ rescue would help panleuk F.1.a
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Best
Friends
Animal
Society· SAVE THEM ALI:.
deaths.
• Decline intake of healthy stray cats: Right now they accept some cats if the person is insistent. Again, they will have to pay an outside vet to transfer them for euthanasia.
2. Allocate appropriate time for any team members involved in the mentorship to work with Peer Mentor team.
3. Provide appropriate statistics in Shelter Animals Count (SAC) or directly to Best Friends program staff monthly, by the 15th of the following month (for example, January stats are due by February 15), as well as any additional data requested to quantify success. Fellow will also opt into the Best Friends coalition in Shelter Animals Count.
4. Participate in monthly conference calls to report on successes and challenges.
5. Allow Peer Mentor and Best Friends staff access to observe staff in working environment and agree to follow up discussions post visit to ensure successful implementation of the program.
Best Friends will provide grant funding to Fellow for the support of helping increase its overall save rate. Grant money will be used to offset the staffing/supply needs of Peer Mentor, as well as provide resources that can be used by the Fellow and/or third party partners to support life-saving work. Peer Mentor will work directly with the Fellow to increase positive outcomes, and reduce shelter deaths, in a sustainable way. Funding checks will be provided to Fellow for this project but Peer Mentor is ultimately responsible for oversight and reporting on how the funds are spent.
Grants will be provided in three payments:
To Hollister Animal Shelter:
Payment #1 (December): $5,600
Payment #2 (April): $4,200
Payment #3 (August): $4,200
To County of Santa Clara Animal Services:
Payment #1 (December): $5,000
Hollister Animal Shelter
Authorized representative (name & title): _________________________________________ Signature: ___________________________________________________________________ Date: _______________________________________________________________________
Best Friends Animal Society
Authorized representative (name & title): _________________________________________ Signature: ___________________________________________________________________
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Date: _______________________________________________________________________
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 23, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: COUNCIL TO RECEIVE AN RECREATIONAL VEHICLE
ORDINANCE REPORT WITH OPTIONS FOR POTENTIAL CHANGES
BRIEF DESCRIPTION: This action item will present current Recreational Vehicle (RV) ordinance to council, provide reason for the current status and provide options for potential changes.
RECOMMENDATION: Staff requests the city council receive the report and provide direction on this matter and, if needed, come back with the modified ordinance proposal by January which incorporates the council’s direction.
DEPARTMENT SUMMARY: Staff will provide the current ordinance and share with council the reasons why the ordinance is currently in place. Staff will also provide examples from other cities ordinances with ordinances similar to Hollister. Staff has also provided an example of one city that does allow parking in driveways under certain situations.
If the council decides to allow RV parking in driveways, staff has provided some conditions to try and mitigate the majority of the problems associated with RV parking in driveways.
Staff also requests directions on a proposed modification to the existing ordinance allowing 14 days of storage and replacing it with a permit program.
Staff would like to receive direction from council on this matter and if needed come back with the modified ordinance proposal by January which incorporates the council’s direction.
FINANCIAL IMPACT: Little to no impact. Potential permit fees to reimburse for program if approved.
CEQA: N/A
Over the last few months, several complaints have come forward to this council in regards to the current RV ordinances in our city. The most common complaint stems from the current ordinance not allowing Recreational Vehicles to be parked in residential driveways. Some complaints are also in regards to not being allowed to park the recreational vehicles on city streets.
Attached are the current Ordinances that address Recreational Vehicle parking in our city. Ordinance 10.10.030 Private Property - Parking and Storage of Recreational Vehicles is prohibited and only allowed under certain conditions.
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Many of the common complaints involve residents advising they cannot find any storage locations with available spaces to rent. This is despite code enforcement calling the available storage facilities within the city and the surrounding cities and always finding spaces available.
Some have complained of the inconvenience involved in retrieving their recreational vehicles from storage and loading them and unloading them when they use them for trips. Few of the residents refer to the inconvenience of their neighbors when residents park their large vehicles in the roadway or in their driveway and partially block the sidewalks.
Staff believes it would be beneficial to share with the council and the public some of the reasons why the ordinances have been modified over the years to be at what it is today and share some examples of other ordinances from other cities that also do not allow driveway parking (see attached ordinances from Stockton, CA, Santa Clara County, Fresno, Gilroy [allows some parking with conditions]). Staff would also like to provide some options for change if the council decides to make those changes.
The following are the some of the reasons why Recreational Vehicles (including RVs, boats and trailers) are not allowed to be stored or parked in the residential driveways.
Access to the home can be blocked by a large RV parked in the driveway which may impede fire department and other public safety personnel who may be responding to the home. Some RVs can block secondary exits to the home to side yards or block garage entry.
RVs can also be the source of a fire because the vehicle usually has combustible material including gasoline, propane, and/or diesel fuel. The fire source parked next to the home can serve as a ladder affect where the fire in the RV can transfer to the home and cause increased property damage or loss of life. RVs stored on a driveway take up valuable space that is supposed to be allocated to passenger vehicles. If the RV is parked in front of a garage, it can potentially eliminate two parking spaces for vehicles. This would result in potentially two additional vehicles being parked on the street when they could have been parked in the garage or the driveway. This is especially important because the current issue with an excess amount of stored vehicles on the roadway that impede street sweepers from cleaning our streets. Increasing mandates to remove debris from storm runoff are affected by having more cars on the roadway and leaves, trash, and other debris not being removed on a regular basis.
An RV can be a visual impairment to a neighbor having difficulty in seeing approaching vehicles when reversing from their driveway. An RV can also be an eye sore and sight clutter when old unused RVs are stored in driveways. Some residents advise they have a “Nice” or “New” RV, however, this is subject to personal opinion. Examples are available throughout the city. RVs that are allowed to be stored in driveway very often are later used for inhabitation. Code will find them connected to electricity and receive complaints of people living in them.
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Staff would recommend against changing the current ordinance and warn council if they do change it, they will potentially receive more complaints in the future from the neighbor residents who do not own the RVs. Although the comment has been made of RVs being stored in violation of the ordinance throughout the city, staff would remind council up to this point we have had only one code enforcement officer for over a year and the Hollister Police Department only recently has taken on the responsibility of Code Enforcement. We also have several candidates in the background process and hope to hire two more Code Enforcement Officers in the near future.
However, if the Council would like to change our current ordinance and allow storage of trailers on private driveways, staff would recommend the following conditions:
Only allowed if the RV does not already fit in the rear or side yard per the current code.
The RV should have a fitted and well maintained cover to eliminate the visual clutter. No tarps or other makeshift covers.
The current setbacks for fire prevention should be 3 feet from adjoining property, 3 feet from any inhabited structure including garage (from overhang) and no intrusion into the sidewalk or other public property.
The RV must be parked perpendicular with the driveway entrance. No horizontal or angle parking taking up more driveway space.
Limited to only one RV per residence. (RV is defined as any Motorhome, boat, utility trailer, or other recreational vehicle. Only one of this type of vehicle per residence)
The RV has to be on pad approved by engineering (cement, pavers, etc.) and not dirt or grass.
The RV cannot be higher than 10 feet tall.
The RV has to have current registration to a current resident of the property (no Non-op)
The RV should be in working order and operable, not dismantled or wrecked. The RV should be stored only in the closed position (no slide outs open) and not inhabited at any time with the exception of actively cleaning, repairing, loading, or unloading.
The current ordinance allows for the storage of the RV on the driveway for up to fourteen (14) days in the calendar year for the purposes of loading and unloading the RV prior to and after uses of the RV. This section is problematic to enforce.
Staff recommends the following changes to the ordinance to facilitate the use of the RV’s in our community.
Staff would recommend eliminating section 10.10.030 (D)(5) (14-day allowance) and replace it with a 72-hour permit that would allow residents to obtain the permit to load, unload, clean and charge their RVs prior to and post trips. The permit would be limited to four (4) permits per calendar year per address and/or per RV. They would have a 72- hour permit before their trip and have another 72 hours upon their return. The RV owner would be allowed to park it in their driveway without the required setbacks (with the exception of not protruding into the sidewalk) or be allowed to park on the street as G.3
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long as it doesn’t create and obstruction to traffic or line of sight.
After the fourth permits, any additional permits would require a fee to be determined by a fee study to reimburse the city for the permit program. There shall be no more than two (2) permits allowed (one leaving and one return) per month.
Staff believes this is good balance to those who have RVs and want to retrieve them from offsite storage and be able to prepare them for trips and also respecting the neighbors who can be potentially affected by the constant use of or long term parking of RVs in the neighborhood.
Additionally, staff has requested section 10.40.100 - Public Hearing and Section
10.40.110 be changed to show a requirement for hearings be administered by a Hearing Officer and not the City Council. The City Attorney is currently reviewing that request.
Staff would like to receive direction from council on this matter and if needed come back with the modified ordinance proposal by January which incorporates the council’s direction.
ATTACHMENTS:
1. Gilroy Zoning 30.33 TRAILERS AND RECREATIONAL VEHICLES
2. Santa Clara County, CA Code of Ordinances
3. Stockton, CA 16.64.090 Parking in residential zoning districts_
4. Hollister, CA Code of Ordinances
5. Hollister, CA Hearing Code of Ordinances
6. Code Enforcement 11.23.2022
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ARTICLE XXXIII. TRAILERS AND RECREATIONAL VEHICLES
30.33.10 Statement of intent.
It is the intent of this article to establish regulations that apply to the storage and/or parking of trailers, boats and recreational vehicles in the City of Gilroy. As applied to this article, “storage” and “parking” shall be used interchangeably. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)
30.33.20 Storage, all nonresidential zones.
Repealed by Ord. 2019-08. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)
30.33.30 Storage, all residential zones.
(a) In residential zones, recreational vehicles, boats and trailers may be stored only on property on which the vehicle’s owner resides. Storage is permitted outside a structure on a paved or alternative all-weather material driveway as approved by the community development director or designee, provided all of the following conditions exist:
(1) Storage is permitted in the front yard only when space is not available in the rear yard or side yard, or the lot is not on a corner and has no reasonable access to either the side yard or rear yard; (2) Inside storage is not possible;
(3) The vehicle is stored perpendicularly to the front curb; (4) No part of the vehicle extends over the public sidewalk or public thoroughfare (right-of-way); (5) No more than one (1) recreational vehicle, boat or trailer is stored in the front yard of each residential unit; (6) The vehicle is stored at least three (3) feet from side and rear property lines; and (7) The vehicle does not block access to or occupy any required parking spaces. (b) Stored recreational vehicles and trailers shall not be:
(1) Used for dwelling purposes.
(2) Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections for charging batteries and the use of electricity or propane fuel are permitted only when necessary to prepare a recreational vehicle for immediate use.
(3) Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(c) Oversized commercial vehicles or special mobile equipment, as defined by section 15.62, shall not be considered trailers or recreational vehicles for the purposes of this article and shall not be stored on residentially zoned properties. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2019-08, § 22, 10-7-19)
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I Horne ll
I Horne ll
The Gilroy City Code is current through
Ordinance 2022-05, passed July 5, 2022.
Disclaimer: The City Clerk's Office has the
official version of the Gilroy City Code.
Users should contact the City Clerk's Office
for ordinances passed subsequent to the
di it d b
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...
I
A.
1. 2.
3. 4.
5. B.
1. 2.
§ 4.20.090. - Recreational and similar vehicles.
Storage of Recreational Vehicles. The following provisions apply to recreational vehicles (RVs) and similar vehicles parked or stored on residential lots, and shall apply in all zoning districts. They do not apply to approved commercial or industrial RV storage uses, RV parks, temporary agricultural residences (§ 4.10.385), temporary emergency housing following casualty (§ 4.20.090(B)), temporary residences during house construction (§ 4.10.380), or movable tiny homes (§ 1.30.030) that have been permitted by the County.
No RV, camper, trailer, boat or similar vehicle may be parked or stored within a front or side yard for a period of more than 72 hours within any one calendar month; however, this provision shall not preclude such RV storage on portions of a front or side yard that are at least 75 feet from the front property line.
An RV, camper, trailer, boat or similar vehicle may be stored within a rear yard. On a corner lot abutting a key lot, such vehicles must additionally be set back from the side right-of-way a distance equal to the front yard setback of the adjacent key lot.
Any RV, camper, trailer, boat or similar vehicle stored on a lot must be registered to a resident of that lot.
No RV may be used for dwelling purposes while being parked or stored on the premises.
Utility connections are not allowed except when necessary for limited maintenance activity.
Storage of RVs, campers, trailers, boats or similar vehicles in a manner inconsistent with the limitations of this section shall not be allowed, regardless of when such storage may have been established. This provision shall supersede any contrary provision of Chapter 4.50:
Nonconforming Uses and Structures.
Use as Emergency Housing Following Casualty. A mobile home or recreational vehicle, including travel trailer, may be temporarily occupied on property where a fire, earthquake or other casualty has rendered the primary residence non-habitable. All of the following requirements shall apply:
The temporary dwelling must be removed from the premises within 90 days after the date of occupancy of the repaired or replacement dwelling, or two years following the date the casualty occurred, whichever occurs first.
Temporary mobile homes or travel trailers must be connected to a sanitary sewer or septic system approved by the Department of Environmental Health for the temporary occupancy use.
(Ord. No. NS-1200.319, § 2, 3-28-06; Ord. No. NS-1200.371, § 12, 3-10-20 ; Ord. No. NS-1200.375(10.20.2020), § 8, 10-20-20 )
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Stockton, California Municipal Code, Charter, and Civil Service Rules Title 16 DEVELOPMENT CODE
Division 3. Site Planning and General Development Regulations Chapter 16.64 OFF-STREET PARKING AND LOADING STANDARDS
16.64.090 Parking in residential zoning districts.
A. Front and Street Side Setback Areas.
1. Front and side yard setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in this area shall not be allowed.
2. No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway. Paved driveways shall be limited to no more than 50 percent of the front and/or street side setback area in compliance with Section 16.56.030(A)(4) (General design standards). No parking shall be allowed in the landscaped areas.
B. Parking Lots.
1. Nonresidential Parking Facilities. Where parking lots are allowed in residential zoning districts in compliance with Chapter 16.20 (Allowable Land Uses and Permit Requirements), they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter.
a. Location of Parking Area. The parking area shall be accessory to, and for use of, one (1) or more contiguous nonresidential uses allowed in residential zoning districts, or one (1) or more uses allowed in a contiguous commercial or industrial zone. The Commission may grant a waiver for noncontiguous parking areas, but only under the following conditions:
i. The parking area would be designed to be compatible with the neighborhood; ii. The parking area or areas would not fragment the surrounding neighborhood; iii. The parking area would not be a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; iv. The parking area would not be detrimental and/or injurious to property and improvements in the neighborhood;
v. The parking area would utilize a piece of residentially zoned land with certain constraints (e.g., next to freeway); and
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vi. The parking area would be located within a reasonable walking distance of the use to which it is an accessory in compliance with Section 16.64.080(B) (Location). b. Access. Access to parking areas shall be from commercial streets and in compliance with the requirements of Section 16.64.080(A) (Development standards for off-street parking— Access). An exception may be granted by the Commission if no commercial streets are available for access.
c. Passenger Vehicle Parking Only. Parking areas shall be used solely for the parking of passenger vehicles.
d. Signs. No signs, other than signs designating entrance, exits, and conditions of use, or required legal signs, shall be maintained in parking areas. Signs shall not exceed four (4) square feet in area and five (5) feet in height in compliance with Section 16.76.100(B) (Directional signs). The number and location shall be approved by the Director before installation.
e. Perimeter Wall. The parking facility shall have a solid masonry wall eight (8) feet in height along all interior property lines adjacent to residential zoning districts and shall provide a screen 36 inches in height in a combination of plant materials, landscaped earth berms, raised planters, walls, and/or other screening devices if adjacent to streets, except for reciprocal parking agreements or arrangements approved by the Commission. A lesser height may be allowed by the Commission if specific conditions warrant. f. Development Standards. The parking lot shall be developed in compliance with Section 16.64.080 (Development standards for off-street parking). g. Overnight Parking. Overnight parking shall be prohibited unless the parking lot is completely enclosed by an approved barrier that is locked and limited to passenger vehicles and recreational vehicles that are parked for no more than 72 hours. h. Nonconforming Uses. Legal nonconforming uses shall be subject to the requirements of Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
2. Residential Parking Facilities. Parking facilities for residential land uses shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter.
a. Location of Parking Facility. The parking facility should be provided on the same parcel as the primary residential use and accessory to the primary residential use. As an alternative, parking facilities may be provided on parcels separate from the primary residential use which shall have a landscape strip that is a minimum of 15 feet from the property line of any residential structure and shall be in compliance with Section 16.64.090(A) (Front and street side setback areas).
b. Passenger Vehicle Parking Only. Parking facilities shall be used solely for the parking of passenger vehicles.
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c. Development Standards. Parking facilities shall be developed in compliance with Section 16.80.220 (Multifamily development—Parking) and Section 16.64.080 (Development standards for off-street parking).
d. Fencing. The parking facility shall have a solid wall six (6) feet in height along all interior property lines and shall provide a screen 36 inches in height in a combination of plant materials, earth berms, raised planters, and/or other screening devices if adjacent to the street, except as provided by the use permit.
C. Commercial, Company, and Nonprofit Organization Vehicle Parking. Commercial, company, and nonprofit organization vehicles having a gross load capacity greater than one (1) ton or those vehicles having gross load capacity of one (1) ton or more or those vehicles clearly commercial in nature (e.g., tow trucks, ambulances, mini-buses, vehicles with commercial, company, or nonprofit organization signs) or similar vehicles shall not be allowed to park:
1. Private Property. On private property in residential zones except for immediate loading or unloading of goods or people or if not visible from the street; and
2. Public Right-of-Way. Overnight in a public right-of-way, as enforced by the Police Department.
D. Recreational Vehicles and Boats. Recreational vehicles (RVs ) and boats shall:
1. Not park in the front or street side yards;
2. Be partially screened by a fence that is a minimum of six (6) feet in height; and
3. Be parked on improved surface.
E. Inoperable Vehicles. Inoperable, abandoned, wrecked or dismantled vehicles, or vehicle parts shall not be stored on public or private property in compliance with Chapter 8.12 of the Municipal Code. (Ord. 2020-12-01-1502 C.S. § 23; Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. § 11; Ord. 023-07 C.S. §§ 49, 50; prior code § 16-345.090)
Contact:
City Clerk: 209-937-8459
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
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A.
B.
C.
D.
1. 2.
3. 4.
5. 10.10.030 - Private property—Parking and storage of recreational vehicles prohibited.
Nothing in this section shall prohibit the parking or storage of a recreational vehicle or boat on any private property in a garage or structure that fully encloses the recreational vehicle or boat.
For purposes of this section, "fully encloses" means that the garage or structure provides coverage of the recreational vehicle or boat on all four sides so that no part of the recreational vehicle or boat can be seen outside of the garage or structure.
The recreational vehicle or boat shall not be used for human habitation or occupancy at any time that it is located on private property as permitted herein.
Except as provided herein, no person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any boat or recreational vehicle on private property.
One recreational vehicle and one boat may be parked, stored, left, kept, or maintained at a single-family residence if the recreational vehicle and the boat comply with all of the following conditions:
The recreational vehicle and the boat are each 30 feet or less in length, less than 12 feet in height, and less than eight feet in width;
The recreational vehicle and the boat are located in the legally permitted rear yard or the legally permitted side yard pursuant to Chapter 17 of the Hollister Municipal Code; If the recreational vehicle or boat is less than eight feet in height, it must be located at least 18 inches from any property line, at least five feet from any building used for human occupancy and at least five feet from any building overhang attached to a building used for human occupancy;
If the recreational vehicle or boat is more than eight feet but less than 12 feet in height, it must be located at least five feet from any property line, at least five feet from any building used for human occupancy and at least five feet from any building overhang attached to a building used for human occupancy;
The recreational vehicle or the boat may be parked, stored, left, kept or maintained in the driveway for a total of 14 days in each year. The vehicle or boat may not extend into the sidewalk or public right-of-way.
(Ord. 1091 § 2, 2012)
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A.
B.
10.40.100 - Public hearing.
Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, such statement shall be construed as a request for a hearing which does not require the landowner's presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received within such ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(Prior code § 14-112)
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Code Enforcement
CITY OF HOLLISTER CODE ENFORCEMENT INFORMATIONAL REPORT G.3.f
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RV on jacks and someone living it
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Encroaching onto the public right-of-way
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RV in the public right-of-way and being occupied as
habitable space
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Boat stored on non-paved
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Used as a patio cover
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Parking horizontal
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Large boat over height limit
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Blocking garage and no vehicle
parking
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Plug into the main house
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RV
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RV cover approved
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 5, 2022
SUBMITTED: November 29, 2022 AGENDA ITEM: Unfinished Business DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: David Mirrione, Assistant City
Manager
TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS
BRIEF DESCRIPTION: City Council has requested a list of Agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.
RECOMMENDATION: Staff recommends the City Council receive the report and hold a discussion, if so desired.
DEPARTMENT SUMMARY: On February 22, 2022, the City Council provided direction for staff to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.
ATTACHMENTS:
1. 2022-12-05 Agenda Item and Update Request
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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2022 Council Agenda Item Requests 11/29/2022
1 Velazquez 1/18/2022 Discussion on parking/parking garage fees Development Services (Planning)12/19/2022
Kimley Horn to provide 4 Leaf
with Garage Fee Study. Once
survey is received, staff will
evaluate if new survey is
needed or if it can be
addressed in house.
2 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)
Included in Zoning and
Municipal Code Update
project.
3 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager Will bring item back to goal
setting meeting.
4 Burns, Morales, Perez 4/4/2022 Food Truck Ordinance Review City Manager Planning working on an
ordinance after completion of
general plan.
5 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.
City Manager 12/19/2022 Willdan completed scope and
has begun the study.
6 Velazquez 5/2/2022 Discussion on parking fees for the Briggs building
Development Services
(Engineering)12/19/2022
Researching establishment of
parking fees. Draft plan has
been received. Staff is
reviewing the plan and will
provide comments to
contractor.
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status Completed
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2022 Council Agenda Item Requests 11/29/2022
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status Completed
7 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation
Topo survey has been
contracted with Kelly
Engineering and survey should
be ready by 10/31/22. Dog
park at Vista Park will to be
included in 2022-23 budget for
Council consideration. Topo
survey originally moved from
9/30 to 10/31 due to a delay in
receiving the title report. Staff
still awaiting title report.
8 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
City Manager
Working on finding a good
customer service training.
Assigned to Assistant City
Manager.
9 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services (HR)6/27/2022
Approved as part of the
Budget. On HR's recruitment
schedule.
10 Burns/Perez 9/6/2022 Develop cooling and warming center policy City Manager Partnering with County OES to
develop policy. Cooling policy
is complete and OES working
with City Manager's office to
complete Warming Center
policy.
11 Resendiz 9/6/2022
Review Animal Control Ordinance to ensure
that "puppy mills" are not inadvertently
permissible in city.
Police (Animal Control)/ City
Attorney
Police Department is reviewing
Ordinance 1219. Will be
discussed at upcoming Study
Session on Animal Control.
12 Morales 9/6/2022 Future park to be developed in District 3 Parks & Recreation Will bring to 2023-24 Budget and Goal Setting meetings
13 Burns 10/3/2022 Special Meeting to Discuss the Library City Manager Will bring item back to goal setting meeting.
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2022 Council Agenda Item Requests 11/29/2022
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status Completed
14 Morales 10/3/2022 RV policy review Police (Code Enforcement)12/5/2022 Discussion scheduled for 12/5 Council meeting
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11 I I
2022 Completed Agenda Items 11/29/2022
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with
presentations by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of
time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.
Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of
the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard Pay for
Employees approved
5/2/2022
5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date H.1.a
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2022 Completed Agenda Items 11/29/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Ralley and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022
19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and
Perez were appointed on April
18, 2022.
4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member
wants to submit items to City
Clerk for posting to COH Social
media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to
amend City Code set for May
16, 2022. Item did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting
Agenda 5/16/2022
23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022-Did not pass
5/16/2022
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2022 Completed Agenda Items 11/29/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council
Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance
Review to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be
provided to Council by outside
attorney. Memo provided on
5/25/2022 on Regulating
Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.
Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.
City Manager
Developer working on a
project for site and the land is
in escrow.
6/30/2022
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2022 Completed Agenda Items 11/29/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process & working with
Elections Consultant. Special
Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be
ready for Election in 2024 if
process is started in time.
Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure. On
June 6 Agenda for Council
Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members - Council to
send locations
Waiting on
individual Council
Members
33 Council
Member(s)5/2/2022 Presentation on grants, low
income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager
Approved as part of the
Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
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2022 Completed Agenda Items 11/29/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022
39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August
2022 Meeting. If approved
working on ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on
9/6.9/6/2022
42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled
via Ordinance brought to
Council on September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.
Fly Breast Cancer flag in October at
City Hall.
City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Aiport
Tentant Evicition City Manager
City Manager provided Council
Member Burns with necessary
information so item does not
need to be put on closed
session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022
Second reading of ordiance
will be brought to Council on
10/3/22.
10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ
for Facility Assessment Survey.
Will bring to the 10/17/22 City
Council Meeting
10/17/2022
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2022 Completed Agenda Items 11/29/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to
schedule date for
presentation.
11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has
requested to present at
11/7/22 council meeting. Will
evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley
Pavement and Drainage
Project are being presented to
the Council for approval on
11/7/22.
11/7/2022
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2022 Update Requests from Council
(non-agenda items)
11/29/2022
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
1 Resendiz 1/18/2022
Discuss creating a Homelessness
committee with representatives from
different entities to tackle homeless
problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City Attorney and sent to
Council. Staff will include this item at the Council's Goal Setting meeting
TBD
2 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Waiting on the new permanent Director to assess.12/31/2022 3 Velazquez 2/7/2022 Update on alleys, lighting on 6th street and solar lights
Development Services
(Engineering)
On 6/6/2022 Agenda. Alley survey is underway -
working on schedule with surveyor. 6th Street lights bid opening date is 7/13. Awarded 8/15/2022. Topo survey
work began in late July of 2022. Topo Surveys were
completed in September. Contract has been awarded,
however, there is delay to receive supplies and
materials.
12/31/2022
4 Burns 2/22/2022
Requested additional cameras be
installed in the Sunnyslope area due to
stolen car items
Police Quotes have been received. Staff working with vendor to finalize scope and final cost.12/31/2022
5 Burns 2/22/2022
Requested discussion with the Parks
Manager about ideas for Skate Park, and
City investing in park cleanup.
Community Services /
Parks & Recreation
ACC has created an Ad Hoc committee. Focus on skate
park safety prior to beautification efforts. Cameras and fencing quotes being gathered. Graffiti cleanup
discussions underway with Community Services.
2/28/2023
6 Velazquez 2/7/2022 Update from Beautification ad hoc
committee in March Ad Hoc Committee Waiting on Ad Hoc Committee TBD 7 Morales 3/21/2022 Outdoor Night Market Development Services (Planning)Included in Zoning and Municipal Code Update project.TBD 8 Burns, Morales, Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 12/31/2022 H.1.a
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2022 Update Requests from Council
(non-agenda items)
11/29/2022
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
9 Burns, Morales, Perez 4/18/2022
As part of budget process, reports from
each dept on year to date
accomplishments, 3 year fiscal analysis or
forecast for anticipated equipment ,
projects, expenditures, performance
measures, task performance measures,
and employee satisfaction rate.
City Manager Part of the mid-year Budget 1/15/2023
10 Burns, Velazquez 5/2/2022
Staff research drought resistant ideas for
Jerry Gabe Dog Park and all future dog
parks
Parks & Recreation
Staff met with landscapers to assess sprinklers. Staff is contacting other cities to learn what materials they are using. Landscapers will be seeding the park on October. 2/28/2023
11 Council 5/2/2022
Upgrade or replace the lights downtown
and the first block of the side streets with
APRA funds
Community Services
Need to issue an RFP as estimate is $150k. RFP
boilerplate is currently under review with City
Attorney. RFP estimated to be released in January of
2023.
4/30/2023
12 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City Attorney and sent to
Council. Staff will include this item at the Council's Goal Setting meeting
TBD
13 Velazquez 5/2/2022
Add language in City Code to fine
developers who block the alleys, streets,
public right of way for longer than 2 days
with dumpsters or equipment
Development Services
(Planning)Included in Zoning and Municipal Code Update project.TBD 14 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night.
Development Services
(Planning and
Engineering)
Included in Zoning and Municipal Code Update project.TBD 15 Burns, Morales, Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park construction. Will
include the name in all public outreach efforts as
required by the grant.
3/31/2024
16 Burns 9/6/2022 Shade structure at Valley View Park Parks & Recreation Staff is working to secure quotes for shade structure.11/30/2022 17 Burns 9/6/2022
Union Rd signs need to be replaced with
Avenida Cesar Chavez signs at Fairview
and Hwy 25 intersections
Community Services Staff working with Assemblymember Rivas' office to escalate the issue with Caltrans.
TBD (Need timeline from
Caltrans)
18 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to add feature to Dunne Park 6/30/2023
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(non-agenda items)
11/29/2022
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
19 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services /
Development Services
(Engineering)
Location confirmed with Councilmember. Engineering
to include in study along with post speed calming data
collection.
TBD
20 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update
Development Services
(Planning)Development Services developing a project timeline TBD 21 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/16/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.
City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 12 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
13 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
14 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
15 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 16 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
17 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 18 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 19 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
20 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
21 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.
City Manager 2/22/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 23 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 24 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
25 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.
Recreation 3/5/2022
26 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 27 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
28 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
29 Council 2/22/2022 Update on the total number of PRA reqests the City Clerk's Office receives per year City Clerk 4/4/2022 30 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
31 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 32 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 H.1.a
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#Council Member Meeting Date Update Requested Department Status Completed Date 33 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
34 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June ot have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
37 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
38 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.
Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
39 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
40 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
41 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 42 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
43 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
44 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.
City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
45 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 46 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
47 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
48 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
49 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
50 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
51 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
52 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
53 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective disticts.
City Manager 5/2/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 54 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
55 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
56 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcment Weeds removed 5/25/2022
57 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.
Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
58 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.
A more detailed process was
brought to Council, but rejected.
6/6/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 59 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.
Department Liasions for Finance is
Council Member Resendiz and
Community Services Liasion is
Mayor Velazquez.
6/21/2022
60 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
61 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
62 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
63 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
64 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
65 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
66 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 67 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
68 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
69 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
70 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
71 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
72 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
73 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequete by City Attorney 9/1/2022
74 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.
City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
75 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 76 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
77 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
78 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
79 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
80 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
81 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
82 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 83 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
84 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
85 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
86 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
87 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Culture Committee 10/5/2022
89 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
90 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
91 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
92 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordiance will be
brought to Council on 10/3/22.10/3/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 93 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
94 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
95 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
96 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
97 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
98 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 99 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.
City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
100 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendant to the local press and
to City Clerk for submission into the offical
record
City Manager Email was forwarded as requested 10/18/2022 101 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restictive
ordiance than the state.10/20/2022
102 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
103 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
104 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
105 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
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#Council Member Meeting Date Update Requested Department Status Completed Date 106 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.
Will provide an update to Council.11/30/2022
107 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
108 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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