Agenda packet — Hollister City Council, January 17, 2023 (part 8 of 8)

www.fema.gov

Enclosures (2)
San Benito County Plan Review Tool, dated October 17, 2022 Status of Participating Jurisdictions, dated October 17, 2022

cc: Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services

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San Benito County Hazard Mitigation Plan Approvable Pending Adoption Notice October 17, 2022

Page 3 of 3 ends

www.fema.gov

Status of Participating Jurisdictions as of October 17, 2022

Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 2
3 4
5 Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 County of San Benito
2 City of Hollister
3 City of San Juan Bautista
4 Sunnyslope County Water District
5 San Benito County Water District

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JANUARY 17, 2023
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. 1226 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE ZONING ORDINANCE TO AMEND SECTION

17.24.190, SITE AND ARCHITECTURAL REVIEW, AND 17.24.240, PLANNED DEVELOPMENT PERMITS, AND TO ADOPT A NEW CHAPTER – CHAPTER 17.30,

RESIDENTIAL DESIGN STANDARDS

DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code for modifications to Section 17.24.190, Site and Architectural Review, and 17.24.240, Planned Development Permits, and the adoption of a new Chapter (Chapter 17.30, Residential Design Standards) establishing residential design standards for single-family and multi-family residential developments.

RECOMMENDATION: Hold a public hearing, read by title only, wa ive 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 February 6, 2023 City Council Meeting.

DEPARTMENT SUMMARY: After work began on Phase II of the Zoning Ordinance Overhaul, staff determined that additional modifications to other Sections of Chapter

17.24, Administration and Enforcement, would be required for consistency. Each Section within this Chapter refers to requirements in other Sections. Staff has determined that by changing Section 17.24.190, Site and Architectural Review, this would make this Section inconsistent with others and would cause confusion and could make implementation of the new Section difficult. This would require staff to amend all of Chapter 17.24, Administration and Enforcement, which will require a much lengthier process than originally anticipated. Additionally, while conducting p reliminary work on this Phase, staff has also identified several modifications that need to be made prior to the complete overhaul in order to facilitate and streamline the review of some active and anticipated permits in the City.

As a result, staff is proposing to split Phase II into two separate phases. Phase IIA is under review at tonight’s meeting. Phase IIA will allow Staff to make modifications to Sections 17.24.190, Site and Architectural Review and 17.24.240, Planned Development Permits that Staff feels are necessary to be implemented now.

Additionally, staff is requesting the City implement a new Chapter in the Zoning Ordinance, Chapter 17.30, Residential Design Standards, in order to guide the design of residential developments in the City. Recent submittals to the City for single family and multi-family include building designs that lack articulation, lack visual interest, and do not enhance the site on which they are located or the City. The adop tion of this E.2
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Chapter will aide staff and the City in ensuring that residential development is of the highest quality and is consistent with the character of Hollister.

Phase IIB would include the entire overhaul of Chapter 17.24, Administration and Enforcement, and new Design Guidelines related to residential and commercial properties in the City.

Planning Commission Review

The Planning Commission reviewed the proposed modifications to the Zoning Ordinance related to Section 17.24.190, Site and Architectural Review, and 17.24.240, Planned Development Permits, and the adoption of a new chapter – Residential Design Standards during a public hearing on November 17, 2022.

On December 15, 2022 the Planning Commission reviewed the proposed amendments with clarification on how the requirement for Site and Architectural Review for all single family developments (with three or more residential dwellings) would be phased in. The clarification was also included into the proposed amendments in order to clearly codify how the requirement would be phased in.

Chapter 17.24.190, Site and Architectural Review

The proposed modifications to this Chapter are included as Attachment 4, with new text shown in bold font and underlined and text to be deleted shown in red font with strikethrough.

Two significant changes are proposed to this Section of the Zoning Ordinance. The existing Section requires Site and Architectural Review of all new commercial, industrial, and multi-family buildings. Residential developments in the RE and R1 Zoning Districts are exempt from Site and Architectural Review. While this Section specifically excludes review of residential dwelling in the RE and R1 Zoning Districts, previous Staff has applied this exemption to all detached single family dwellings in any zoning district.

The architecture of the single-family dwelling units and landscaping are not reviewed in detail by staff, unlike multi-family dwellings. Because the Building Permit is a ministerial action, staff can only review the design and landscaping with respect to the specific requirements of the Zoning Ordinance including the required setbacks, height limits , and lot coverage. Section 17.04.030, Residential general development standards, does E.2
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include design suggestions, but these are difficult to enforce during building permit review as they are suggestions and not requirements.

The number of single-family residential developments under review by the Planning Department is increasing. The Planning Department is spending a significant amount of time reviewing these developments. Because a building permit is ministerial, the Planning Division cannot review the design of the dwellings in the development. Rather, staff reviews the plans to ensure that one design is not repeated more than once every four dwelling units, which is currently one of the only design requirements in the Municipal Code to eliminate monotony within new development. Recent projects include elevations which appear very similar. staff has also seen an increase in the number of dwellings with little articulation, visual interest, or changes in materials. Because these types of development do not require Site and Architectural Review, staff is unable to recommend design changes to these projects.

Staff is recommending that Section 17.24.190(B) of the Zoning Ordinance be m odified to read as follows:

“B. Project Review. No building permit for a new single family residential development of more than two residential dwellings, commercial, industrial, or multifamily building shall be issued without approval of a Site and Architectural Review application by the Director of Development Services or the Planning Commission. For single family residential developments which are located in any zoning district in which a single - family development is a permitted use, the Development Ser vices Director shall be the decision-making authority. For all other developments, the Planning Commission shall be the decision-making authority. Where a Site and Architectural Review is combined with another permit type, the decision-making body shall be the highest level required by the secondary permit type. For single family residential developments that have applied for a building permit for a master development plan or for construction for the dwellings prior to the effective date of the revised Ordinance shall not require a Site and Architectural Review. Any Building Permit which is expired shall not be exempt from these requirements.”

This modification would allow the Director of Development Services to review and approve a Site and Architectural Review of any single-family residential development of more than two dwelling units. This would allow for an expedited review of projects that do not include any other requests that require review by the Planning Commission (Tentative Maps, Planned Unit Developments, Rezone, etc.). Requiring a permit from the Planning Department is consistent with most of the jurisdictions in the area. The following Table provides information regarding the review of residential developments in neighboring jurisdictions.

Table 1: Review Process for Select Jurisdictions

Jurisdiction Planning Permit Required Reviewing Body
San Juan Projects over 1,000 sq. ft. Planning Commission. Additions of a E.2
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Jurisdiction Planning Permit Required Reviewing Body
Bautista certain size can be reviewed by the
Director
Gilroy 4 or more
Director for design only, if PUD or Map
is also filed it is elevated to the Planning
Commission
Greenfield
SF development and
additions over 500 sq. ft.
above the first floor
Planning Commission
San Benito
County
Minor= 10 or fewer
dwellings
Major= 10 or more dwellings
Minor=Planning Director
Major=Planning Commission
Watsonville Yes Planning Commission
Morgan Hill 3 or more new residential
units Planning Commission
Soledad Any lot Director or Planning Commission
Salinas No Site Plan review only for certain projects

As shown above, the requirement for a permit and review by the Director of Development Services is not unusual and would not create an undue burden on applicants.

Staff recommends that the requirement for a Site and Architectural Review be pha sed in in order to not create a burden on Applicants. Staff recommends that the requirement for a Site and Architectural Review for single family residential developments be waived if the Applicant has applied for a Building Permit (which is under review) or has received a Building Permit prior to the effective date of the Ordinance. This would apply to developments where the Applicant/Developer has applied for a master development plan or for a building permit for plot plans which are currently under revie w. If a Building Permit expires, the Applicant/Developer would then be required to apply for a Site and Architectural Review when they are ready to proceed with their project. This phased approach has been codified into 17.24.190.B as shown above.

This would allow projects which are currently under review for a Building Permit to continue to move forward in that process and would not require the Applicant/Developer to pause that review to obtain a Site and Architectural Review.

All other residential projects would require approval of a Site and Architectural Review prior to Building Permit issuance. For projects in which a Tentative Map was previously approved by the Planning Commission, the Applicant would only be required to apply for an Administrative Site and Architectural Review which takes less time to process than applications which require Planning Commission review.

The other significant modification to this Section is the inclusion of specific findings that must be made when approving a Site and Architectural Review. Currently, this Section of the Zoning Ordinance does not include findings related to the approval of a Site and Architectural Review request. In the absence of specific findings, staff has included some basic findings in Resolutions before the Planning Commission.

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Findings are the specific reasons staff and the Planning Commission provide related to the approval or denial of an application. These findings provide the legal record for a project and can be used to clearly demonstrate why a project should be approved (or denied). Findings are also important because they can be used in the future to determine why a project was approved and why specific conditions of approval may have been included in the approval.

By including specific findings in the Zoning Ordinance, related to review of a Site and Architectural Review request, the required findings ae readily visible to staff and the Planning Commission as well as applicants. Applicants may use these findings to conduct a review of their own project to ensure compatibility with the Zoning Ordinance.

The following findings are proposed to be included in Section 17.24.140:

“F. Required Findings. All of the following findings shall be made in order to approve a Site and Architectural Review and shall be supported by substantial evidence in the public record:

1. The proposed project is consistent with the goals and policies of the General Plan, any applicable Specific Plans and any applicable design guidelines.

2. The proposed project is consistent with the provisions of Title 17, Zoning, of the Hollister Municipal Code including the requirements of the Zoning District in which the property is located.

3. The proposed development will not be detrimental to public health, safety, or welfare of persons residing in or working in the neighborhood or to the general welfare of the City.

4. Architectural considerations including the character, scale , and quality of the design, site layout, screening of unsightly uses, lighting, building materials, and colors result in a project that is harmonious with its surroundings, is compatible with other developments in the vicinity, and complies with any applicable design guidelines or standards adopted by the City.

5. The proposed project is consistent with all applicable requirements of the Municipal Code and applicable Specific Plan related to landscaping and screening, including the location, type, size, water efficiency, and coverage of plant materials to ensure visual relief, adequate screening, and an attractive environment for the public.

6. The site has been adequately designed to ensure adequate parking to serve the project and proper circulation for bicyclists, pedestrians, and automobiles.

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Other minor modifications are proposed to correct errors within the Se ction and to clarify certain requirements. These modifications can be found in Exhibit A of Attachment 1. A complete overhaul of this Section will be completed as part of Phase IIB.

Section 17.24.240, Planned Development Permits

The proposed modifications to this Chapter are included as Attachment 5, with new text shown in bold font and underlined and text to be deleted shown in red font with strikethrough. Two minor changes are proposed to this Section of the Zoning Ordinance.

At this time, staff is proposing that any future requests for a Planned Development Permit be accompanied by a Site and Architectural Review application (Section

17.24.240(C)). The purpose of a Planned Unit Development is to allow greater flexibility in the configuration of buildings than would otherwise be allowed by the Zoning Ordinance, in exchange for innovative or interesting designs or layout, the preservation of open space or other amenity. The review of a Planned Unit Development application is a discretionary review.

Currently, a Planned Unit Development request is reviewed in conjunction with a Tentative Map. Developers typically use this process to request a reduction in lot size or setbacks. Because this request is reviewed with a Tentative Map, the City cannot review the overall design of the project. At this phase, the City can only look at the lot layout and cannot determine what the development will look like once constructed. Staff is proposing that this request be reviewed with a Site and Architectural Review so th at the Planning Commission can ensure that the request complies with the stated purpose in Section 17.24.240(A).

Further revisions are proposed to delete the existing Section 17.24.240(B). As currently written, the existing Applicability Section does not make sense and it is difficult to determine what types of projects may request a Planned Development Permit. At the recommendation of the City Attorney, staff is proposing that the existing Section be deleted and replaced with the following:

“B. Applicability. An Applicant may apply for a Planned Development Permit for those developments that do not comply with the objective standards of the Zoning Ordinance but, through innovative design, provide a unique public benefit that outweighs the potential negative impact of noncompliance with the objective standards of the Zoning Ordinance.”

Staff is also proposing to include one additional finding (Finding No. 4) which further reiterates the purpose of a Planned Unit Development.

“4. The proposed project would offer a distinguishable public benefit - such as additional open space or landscaping; public art or art through innovative architecture or site layout; unique uses not typically permitted within the underlying zoning district; contribution to or construction of significant off-site public improvements or community space; or similar – in exchange for any modifications from standard zoning requested by the planned development.

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Chapter 17.30, Residential Design Standards

The proposed Chapter is included as Attachment 5 to this Staff Report.

The Zoning Ordinance currently does not have usable design guidelines for single family or multi-family residential developments. Recent submittals to the City for single family and multi-family include building designs that lack articulation, lack visual interest, and do not enhance the site on which they are located or the City. Staff has tried to work with Applicants on the design of their project, but without standards established by the City, Staff has been unsuccessful in their efforts.

The review of the design of a residential project is further complicated by recent State legislation including Senate Bill 35 and Senate Bill 330. These Bills require residential projects to be reviewed against objective standards (meaning that no discretion is involved). Objective design standards are intended to be a predictable, easy to determine requirements that can be applied to a residential development.

In order to assist the City with the review of residential development s under the Site and Architectural Review process, Staff is proposing a Zoning Ordinance Amendment to include a new chapter, Chapter 17.30, Residential Design Standards.

These standards are intended to be temporary standards. As part of Phase IIB, staff is preparing a separate design guideline document that will include design guidelines for a variety of uses in the City. Staff is proposing the addition of Chapter 17.30 at this time due to the number of projects that are anticipated in the coming months. W ithout these guidelines, the City will be unable to impose any design requirements on projects and staff believes that this should not wait until Phase IIB is implemented (final adoption is not anticipated to occur until late Spring 2023). Staff has determined that there is an immediate need for design standards in order to assist staff and the Planning Commission in the review of residential designs. These guidelines included in Chapter

17.30 will also be incorporated into the comprehensive design guidelines.

Conclusion:

Staff is proposing several modifications to the Zoning Ordinance in order to promote better development and design of single family and multi-family residential developments in the City. By requiring applicants of residential developments of more than two dwelling units to apply for Site and Architectural Review, the Planning Department will be able to review the proposed project for compliance with all requirements of the Zoning Ordinance, review the design for consistency with any adopted design guidelines, review the proposed landscaping and place conditions of approval on the project when necessary. By requiring applicants to combine a Planned Development request with a Site and Architectural Review, the City will be able to ensure that the development is attractively designed, innovative or provide a unique amenity in exchange for a modification to the development standards of the zoning district in which the subject property is located. By adopting objective design standards, the City will ensure that single family and multi-family developments are attractively designed and reinforce the small town character of Hollister.

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Next Steps:

Staff will continue to work on Phase I of the overhaul and will bring Amendments related to Accessory Dwelling Units and Density Bonuses for review by the Planning Commission and review and approval by the City Council. Additionally, staff is currently reviewing all the recent Bills signed into Law by the Governor to determine if any other modifications to the Zoning Ordinance are necessary in order to comply with State Law.

This Phase is on-going and completion is not anticipated until February/March 2023.

Staff will also continue to work on Phase IIB of the overhaul and will bring all of Chapter

17.24, Administration and Enforcement, for review by the Planning Commission during one or more Study Sessions. Additionally, work is underway on comprehensive design guidelines. These guidelines would also be reviewed during a Planning Commission Study Session prior to a Public Hearing.

The remainder of the Zoning Ordinance will be amended as part of Phase III. Staff anticipates that Study Sessions regarding Phase III of the Zoning Ordinance Overhaul will continue in February 2023.

FINANCIAL IMPACT: $0.

CEQA: The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future residential projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

ATTACHMENTS:

1. Attachment 1. Staff Report_2022.09.01

2. Attachment 2. Staff Report_ZOA 2022-3_2022.11.17

3. Attachment 3. Staff Report_ZOA 2022-3_2022.12.15

4. Attachment 4. Site and Architectural Review Red-Lined

5. Attachment 5. Planned Development Red-Lined

6. Attachment 6. Chapter 17.30 Residential Design Standards

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1226

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO AMEND SECTION 17.24.190, SITE AND ARCHITECTURAL REVIEW, AND 17.24.240, PLANNED DEVELOPMENT PERMITS, AND TO ADOPT A NEW CHAPTER – CHAPTER 17.30, RESIDENTIAL DESIGN STANDARDS

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

WHEREAS, during a duly noticed Joint City Council/Planning Commission Study Session on September 1, 2022; and

WHEREAS, the City Council and Planning Commission discussed the phasing of the overhaul of the Zoning Ordinance during this Study Session; and

WHEREAS, the proposed amendments to the Zoning Ordinance at tonight’s meeting comprise Phase IIA of the Overhaul; 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, provided direction to Staff, and continued the item; and

WHEREAS, on December 15, 2022 the Planning Commission held a duly noticed public hearing on the proposed amendments to the Zoning Ordinance during which all interested persons were heard and adopted Planning Commission Resolution No. 2022- 26 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 January 17, 2023, 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; an d

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 follo wing findings related to the Zoning Ordinance Amendments as required by Section 17.02.120.D of the Municipal Code:

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1. The proposed amendment is consistent with the General Plan because:
the proposed amendments will ensure that the small town charm and identity of Hollister will be enhanced through the requirement for Site and Architectural Review for all residential developments of more than two units and the design guidelines will ensure that the City maintains an attractive image consistent with Land Use an d Design Element Goal LU1 and Policy LU8.3.Additionally, the proposed amendments to Section

17.24.240, Planned Development Permits, will ensure that creative planning and construction of residential developments is a part of Planned Development Permits consistent with Land Use and Design Element Policy LU7.1.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed Zoning Ordinance Amendments and new Chapter 17.30, Residential Design Guidelines, will ensure attractive developments within the City, allow the City to establish objective design standards to successful guide the design of residential developments and will work to create a more attractive environment for residents of Hollister.

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 a ny adopted area or specific plan because: the proposed Zoning Ordinance Amendments will promote good design, site planning and design of residential developments in the City. The proposed amendments and new chapter will further enhance the design of the City and will conform to the Goals and Policies of The General Plan.

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

1. The California Environmental Quality Act (CEQA) together with State Guidelines, require that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future residential projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (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 as fo llows:

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Section 17.24.190 amended. Section 17.24.190 “Site and Architectural Review” is hereby amended to read as follows:

A. Purpose. Site and Architectural Review is intended to provide for site and architectural regulation, review and approval prior to development as to both on- site and off-site improvements and the height, width, shape, proportions and exterior construction design of buildings and other structures to ensure architectural compatibility with surrounding areas and to promote unified and distinct development within areas.

B. Project Review. No building permit for a new single family residential development of more than two residential dwellings, commercial, industrial or multifamily building shall be issued without approval of a Site and Archit ectural Review application by the Director of Development Services or the Planning Commission. . For single family residential developments which are located in any zoning district in which a single-family development is a permitted use, the Development Services Director shall be the decision-making authority. For all other developments, the Planning Commission shall be the decision -making authority. Where a Site and Architectural Review is combined with another permit type, the decision-making body shall be the highest level required by the secondary permit type. For single family residential developments that have applied for a building permit for a master development plan or for construction for the dwellings prior to the effective date of the revised Ord inance shall not require a Site and Architectural Review. Any Building Permit which is expired shall not be exempt from these requirements.

C. The requirement for Site and Architectural Review for a new building may be waived if the building is located within a development with a master architectural, landscaping, lighting and sign program that has been approved by the Planning Commission and the Director can make the following findings:

1. The building design, elevations, materials, colors, the landscape, ligh ting and sign plan, building orientation and parking plan substantially conforms with a master architectural, landscaping, lighting and sign program that has been approved by the Planning Commission within the last three years for the project area;

2. If an environmental document was adopted for the project area, the size of the building and type of use will not trigger the requirement for a subsequent, supplement or addendum to the adopted environmental document and the proposal will incorporate mitigation measures from the mitigation and monitoring program from the adopted environmental document.

D. In their review, the Planning Commission and the Director of Development Services shall consider the following approval criteria:

1. Traffic Congestion and Safety. The effect of the layout of the development on traffic conditions and patterns on surrounding streets and for E.2
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compliance with requirements for a Circulation Plan in Section 17.18.030 and supplemental standards in the applicable zoning district for; the layo ut of the site with respect to locations and dimensions of vehicular pedestrian entrances, exits, drives and walkways; the adequacy of off -street parking facilities to prevent congestion; the location, arrangement and dimensions of loading and unloading facilities; the circulation pattern within the boundaries of the development and the surfacing and lighting of off -street parking facilities;

2. Outdoor Advertisement. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures relative to the creating of traffic hazards and the appearance and harmony wi th the surrounding development;

3. Landscaping. The location and height of walls, fences, hedges and screen plantings and the materials to be used in the construction of walls and fences, to ensure harmony with surrounding development or to conceal storage and service areas, utility installations or unsightly development; the planting of ground cover or other surface to prevent dust and erosion; and the preservation of existing healthy trees and the planting of additional trees;

4. Site. The orientation and location of improvements and open space in relation to the physical characteristics of the site and character of the neighborhood, and the appearance and harmony of improvements with surrounding development;

5. Drainage. The effect of the development on storm and surface water drainage. New development and redevelopment of property shall include measures to maintain the natural hydrologic character of a site on the property to reduce the rate and flow of stormwater runoff to streets, storm drains and local water ways;

6. Exterior Architectural Design. The effect of the height, width, shape and exterior construction and design of building and structures as such factors relate to the existing and future characteristics of the neighborhood and proposed use of the zone district in which they are situated;

7. General. For the protection of the public health, safety and welfare, the Planning Commission may establish, impose and enforce reasonable conditions or requirements deemed appropriate or necessary for the benefit or protection of surrounding areas, to provide for desirable or necessary public utilities, and to ensure development compatible to and harmonious with the surrounding area and the uses established therein, so long as such conditions or requirements bear reasonable relationship to the project or development.

E. Hearing and Notice. The Development Services Director shall notice Site and Architectural Review Applications which require review and approval by the E.2
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Development Services Director in accordance with Section 17.24.160, Administrative Permits with notice and right of appeal. Site and Architectural Review Applications which require review and approval by the Plan ning Commission and/or the City Council, as noted under subsection B above shall be noticed in accordance with Section 17.24.120, Public hearing.

F. Required Findings. All of the following findings shall be made in order to approve a Site and Architectural Review and shall be supported by substantial evidence in the public record:

1. The proposed project is consistent with the goals and policies of the General Plan, any applicable Specific Plans and any applicable design guidelines.

2. The proposed project is consistent with the provisions of Title 17, Zoning, of the Hollister Municipal Code including the requirements of the Zoning District in which the property is located.

3. The proposed development will not be detrimental to public health, safety or welfare of persons residing in or working in the neighborhood or to the general welfare of the City.

4. Architectural considerations including the character, scale and quality of the design, site layout, screening of unsightly uses, lighting, building materials and colors result in a project that is harmonious with its surroundings, is compatible with other developments in the vicinity, and complies with any applicable design guidelines or standards adopted by the City.

5. The proposed project is consistent with all applicable requirements of the Municipal Code and applicable Specific Plan related to landscaping and screening, including the location, type, size, water efficiency and coverage of plant materials to ensure visual relief, adequate screening, and an attractive environment for the public.

6. The site has been adequately designed to ensure adequate parking to serve the project and proper circulation for bicyclists, pedestrians, and automobiles.

G. Expiration. Site and architectural approval shall be valid for a period of 24 months from the date of approval. If a building permit is not issued within that time frame, the approval shall expire and become null and void. If a building permit is issued within the approval period, the Site and Architectural Review approval shall remain valid as long as the building permit has not expired.

H. Extension. The Director of Development Services shall have the authority to extend all Site and Architectural Review approvals upon the request of the Applicant. A request for an extension shall be filed on a form prescribed by the City together with the required Application Fee at least 30 days prior to the E.2
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expiration of the original approval. No more than one extension not to exceed a period of one (1) year shall be granted. A request for ext ension of the site and architectural approval may be approved, approved conditionally, or denied . In granting an extension of Site and Architectural approval, new conditions may be imposed, and existing conditions may be revised.

I. Appeal. An appeal may be taken from the decision of the Development Services Director to the Planning Commission and from the decision of the Planning Commission to the City Council by any person aggrieved by any such decision within the time limits and following the procedures specified in Section 17.24.140 (Appeals).

Section 17.24.240 amended. Section 17.24.240 “Planned Development Permits” is hereby amended to read as follows:

A. Purpose. The following provisions are intended to: afford maximum flexibility in site planning/property development, design, and density/intensity, while protecting the integrity and character of the residential areas of the City; encourage innovation and the development of affordable housing; and ensure consistency with the General Plan. At the time of application submittal, a review of the configuration, design, location and impact of the proposed land use shall be conducted by comparing the use to established development/site standards.

This review shall determine whether the permit should be approved by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative impacts it may cause.

C. Application Requirements. An application for a Planned Development Permit shall be filed in compliance with Section 17.24.070 (Application Filing) and shall be accompanied by an application for a Site and Architectural Review.

D. Project Review. Each Planned Development Permit application shall be analyzed to ensure that the application is consistent with the purpose/intent of this Zoning Ordinance and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each application for a Planned Development Permit shall be reviewed in compliance with subsection E of this section prior to determination by the review authority. Additionally, any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and ap proval by the review authority.

shall be reviewed to ensure that the application is consistent with: the purpose/intent of this section; all applicable development standards/regulations of this Zoning Ordinance; and any adopted design guidelines/policies that may apply. In addition, applications for Conditional Use Permits and variances are also subject to design review whenever any physical alteration/construction is proposed.

1. Department Action. Site plan/design review is initiated when the Department receives a complete application package including all required attachments, plans, specifications, elevations, sample materials, etc. as specified in the application form and any additional information required by the Director in order to conduct a thorough review of the proposed project.

Upon receipt of a complete application, Department staff shall conduct a review of the location, design, site plan configuration and impact of the proposed development by comparing the project plans to established development standards/regulations and any adopted design guidelines/policies. In general, development proposals will be reviewed considering criteria including, but not limited to, the following:

a. Compliance with this Zoning Ordinance and all other applicable city ordinances;

b. Desirable site layout and design;

c. Compatibility with neighboring property/development;

d. Efficiency and safety of public access and parking;

e. Appropriate open space and use of water efficient landscaping;

f. Consistency with the General Plan; and

g. Consistency with any adopted design guidelines and design review policies.

2. Reference to Design Guidelines/Policies. In reviewing development/ improvements subject to design review, the Director shall refer to any design guidelines/policies that have been adopted by the Council/Commission in order to provide guidance to applicants seeking to comply with the requirements of this Zoning Ordinance. The Council/Commission may amend the design guidelines/policies wheneve r it deems it appropriate in order to carry out the purpose/intent of this Zoning Ordinance. Copies of the design guidelines/policies shall be available to the public at the Department.

communicate the desired qualities and characteristics of development, and are intended to promote quality design that is compatible with the surrounding neighborhood and implement the General Plan. The design guidelines/policies are used by city staff, the Commission, and the Council as adopted criteria for the review of development proposals subject to design review.

3. Department Recommendation. Following completion of its review of a proposed project, Department staff shall provide a written statement of findings/recommendations to the review authority for its consideration simultaneously with a Conditional Use Permit and Site a nd Architectural Review application. Department staff may recommend approval, approval with conditions, or disapproval of a project. The report containing findings, recommendations and conditions, shall also be forwarded to the applicant prior to consideration by the review authority.

Where the findings/recommendations of the staff may substantially alter a proposed development, the applicant may be requested to submit revised plans at the discretion of the Director.

F. Preliminary Design Concept Review. The Director may require that a project applicant submit design concept plans for preliminary design review prior to submittal of a formal application for a project deemed significant by the Director.

The purpose of the preliminary consultation is to advise the project applicant of applicable design guidelines, design review policies, and other specific design criteria that may affect the design of the project.

G. Hearings and Notice. Upon receipt of a Planned Development Permit application in proper form, a public hearing before the Planning Commission shall be set and notice of the hearing given in compliance with Section 17.24.120 (Public Hearings) of this chapter.

H. Decision and Findings. Following a hearing, if required, the Planning Commission, as outlined in Table 17.24-1, shall record the decision in writing and shall recite the findings upon which the decision is based. The Planning Commission may approve or modify a Planned Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project-related adverse impacts, and to carry out the purpose/intent and requirements of the respective zoning district. The Planning Commission may approve a Planned Development Permit, only if all of the following findings are made:

1. The proposed development is one allowed within the subject zoning district and complies with all of the a pplicable provisions of this Zoning Ordinance, including prescribed development/site standards/guidelines and any adopted design guidelines;

2. The proposed development is consistent with the General Plan; E.2
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3. The approval of the Planned Development Permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

4. The proposed project would offer a distinguishable public benefit - such as additional open space or landscaping; public art or art through innovative architecture or site layout; unique uses not typically permitted within the underlying zoning district; contribution to or construction of significant off - site public improvements or community space; or similar – in exchange for any modifications from standard zoning requ ested by the planned development.

5. The proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area, as well as with the land uses presently on the subject property;

6. The subject site is physically suitable for the type and density/intensity of use being proposed;

7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety; and

8. The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

I. Expiration. A Planned Unit Development Permit shall be exercised within two years from the date of approval or the Permit shall become void except when:

1. An extension is approved by the Planning Commission in compliance with procedure for extending a permit found in this Zoning Code; or

2. An extension is required to allow the expiration date of the Planned Unit Development Permit to be consistent with the expiration date of the Tentative Subdivision Map for the same development project.

J. Revocation. The Planning Commission may revoke or modif y a Planned Development Permit in compliance with Section 17.24.130(H) (Revocations) and Article III (Enforcement).

K. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any con dition of approval imposed by the review authority.

Title 17, Zoning, amended. Title 17, Zoning, is hereby amended to include Chapter

17.30, Residential Design Standards.

17.30 Residential Design Standards
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17.30.010 Purpose

The purpose of this Chapter is to establish objective design standards to guide the design of new residential developments in the City to:

A. Promote visual interest in the City’s residential developments.

B. Ensure projects enhance their sites and the surrounding area.

C. Ensure multi-family dwellings are designed for activation of the street on which they are located.

D. Enhance the architectural character and scale of neighborhoods.

E. Enhance the visual quality of the City through well designed projects.

F. Encourage the development of neighborhoods that provide a high-quality living environment.

G. Enhance property values within the City.

17.30.020 Design Standards for Single Family Detached and Duets.

The following design standards shall apply to the new construction of single family detached and duets dwelling units (as defined under 17.02.020, Definitions), on any lot where these uses are a permitted or conditionally permitted use. For properties which are located within the Old Town Zoning District, all development shall conform to the guidelines included in Section 17.04.050, Old Town Zoning District Supplemental Design Standards, of the Zoning Ordinance. Where any design standards in the Zoning Ordinance conflict with the design standards established by this Chapter, this Chapter shall prevail.

A. Development Standards. All new construction shall conform to the requirements for development standards (height, setbacks, lot coverage, lot dimension, etc.) for the Zoning District in which they are located.

B. General Site Planning. All new residential developments shall incorporate the following:

1. All residential developments shall contain a minimum of four distinct architectural styles, of any type (including but not limited to craftsmen, bungalow, ranch, Mediterranean, mission, etc.) that are visually different from one another and include varying design elements. A minimum of 80% of the following design elements shall vary between units to qualify as a change in architectural style for the purpose of this section:

a. Window Style and materials
b. Door style, shape, and materials
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c. Inclusion of or change in style, material, and size of porches and balconies
d. Shutters or other decorative elements
e. Change in trim size around windows
f. Change in accent and body materials and colors
g. Roof Pitch or Form
h. Inclusion or change in structural design elements such as archways or columns
i. Height of structure
j. Change in location of front door

2. Each design shall not be repeated more than once per each four or six elevation types as noted above. Houses with identical building elevations shall not be located directly across the street from each other.

3. Sidewalks shall be located on both side of the street throughout the development.

C. Main Elevation Articulation. The main elevation of a dwelling unit shall be the elevation which faces the sidewalk and street access to the home. The design of this elevation shall comply with the following:

1. All garages are encouraged to be setback a minimum of five feet from the primary front façade of the residence. In no case shall the garage be set back less than two (2) feet from the main wall of the house.

2. Garages shall be designed so that they do not occupy more than 50 percent of the length of the front elevation.

3. The second floor shall be set back a minimum of five (5) feet from the first floor front wall of the house for at least 50 percent of the structure, unless the elevation plane is broken up through the use of a porch or similar architectural element which comprises a minimum of 50 percent of the length of the structure.

4. For buildings in which the main elevation has a length of 50 feet or greater, for each interval of at least 50 feet of building length, there shall be a plane break along the façade composed of an offset of at least five (5) feet in depth by 25 feet in length.

5. Include two exterior building materials (one may be used as an accent or base) and may include, but are not limited to, wood or simulated wood boards, brick, stucco, shingle siding, stone, rock, tile or other accent material. Trim does not count towards the two material requirement.

6. Design elements and detailing, such as base materials, trim, window treatments, trim detailing, etc., shall be continued completely around the structure where visible from the right-of-way.

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7. All accent materials or enhanced materia ls shall be terminated at an interior corner.

D. Street Facing, Non-Main Elevation. For houses where a side elevation faces a street, the following shall be incorporated into the design of the side wall which faces the street.

1. No plane of any floor shall be greater than 30 feet without a plane break of at least two (2) feet.

2. Design elements and detailing, such as base materials, trim, window treatments, trim detailing, etc., shall be continued completely around the structure where visible from the right-of-way.

3. All accent materials or enhanced materials shall be terminated at an interior corner.

E. Entryway. All entryways shall be oriented to the street and shall incorporate at least four of the following:

1. The entryway shall be recessed at least 2 feet from the building façade to create a porch or a landing area.

2. The entryway shall be designed with an overhead projection of at least 6 inches, such as a gable roof, covered porch, or other architectural design feature, so as to distinguish the front door from the rest of the building façade.

3. The entryway shall be clearly marked with a side light window panel, adjacent windows (located within 3 feet of the door), or a door with a window.

4. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

5. A path of travel from the sidewalk or the right-of-way directly to the entrance is provided.

6. Change in exterior building materials at or around the entry to include at least two building materials that include, but are not limited to, wood, brick, cement board, stucco, tile, or other accent material.

F. Roofline. For the main elevation of any house the roofline shall be articulated by incorporating a minimum of two of the following:

1. A break in façade plane of a minimum of 6 inches in d epth that is carried up the roofline.

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2. Any form of roofline modulation such as a step back, height variation, or multiple forms.

3. Change in roof pitch or type (such as gable, shed, flat) on one elevation.

4. An uncovered balcony or deck on the second floor.

G. Windows and Doors. All windows and doors shall conform to the following:

1. All windows on one elevation shall match with respect to operating type, design, color, trim style, and the use of grids.

2. Windows shall be recessed from the main wall of the house or shall have trim surrounding the window.

H. Paved Pathway to Side Yards with a Gate. A paved pathway shall be provided from all gated side yards to the sidewalk. The paved area may include a driveway, but other than a driveway the paved pathway shall be a minimum of four feet and a maximum of 6 feet wide.

I. 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 L oading Standards.

Driveway width shall be a maximum of 20 feet for a double car garage and 30 feet for a three car garage.

J. 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.

17.30.030 Design Standards for Multi-Family Projects
The following design standards shall apply to the new construction of all multi -family developments (as defined by Section 17.02.020, Definitions). Where any design standards in the Zoning Ordinance conflict with the design standards established by this Chapter, this Chapter shall prevail.

B. Street Activation. Residential buildings shall be designed to provide a connection to and enliven the street and shall include the following:

1. All ground-level units shall include an individual entry, porch, patio, or terrace.

2. A minimum of 50% of upper-story units shall include a balcony or terrace.

3. Ground-floor windows shall not be opaque or tinted.

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4. Where residential units are designed as townhomes or rowhomes, each individual unit shall be distinguished from one another. This may be accomplished through the use of at least three of the following:

a. Change in the average wall plane of at least five (5) feet in d epth (measured by absolute value in the case of projections from the wall plane in both directions). This shall include a change in the wall plane at the point of shared connection between adjacent units of no less than 2 feet in depth and 5 feet in width.

b. Change in roof form, as described in 1730.020 F.

c. Change in color scheme of adjacent units. A color scheme shall not be repeated more than once every six (6) units.

d. Change in architectural styles, of any type (including but not limited to craftsmen, bungalow, ranch, Mediterranean, mission, etc.) that are visually different from one another and include varying design elements. A minimum of 80% of the following design elements shall vary between units to qualify as a change in architectural style for the purpose of this section:

i. Window Style and materials
ii. Door style, shape, and materials
iii. Inclusion of or change in style, material, and size of porches and balconies
iv. Shutters or other decorative elements
v. Change in trim size around windows
vi. Change in accent and body materials and colors
vii. Roof Pitch or Form
viii. Inclusion or change in structural design elements such as archways or columns
ix. Height of structure
x. Change in location of front door

e. Change in exterior materials on each dwelling unit. Trim does not count as an additional material for the purposes of this section.

f. Change in exterior colors so that the same body color is not repeated more than once for every six (6) dwellings.

5. The maximum length of any blank wall shall be limited to 20 feet.

6. Parking and/or garages shall be oriented towards the rear of the building, away from the main street.

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7. Where a site has multiple access to more than one street, parking and access shall be located at the street with the lower traffic volume, as measured by the City’s General Plan.

8. Provide landscaping as a transition between the building and the street to include street trees and planters, small landscaped areas or plazas.

Landscaping shall be incorporated for a minimum of 80% of the depth of the setback between any building a nd the street. For the purposes of this section, landscaping may include pedestrian pathways, however, pedestrian pathways may not exceed 60% of the overall landscaped area.

Landscaping shall not include streets, driveways, parking lots, or other vehicle access areas.

C. Building Articulation. Building facades that face a public street, alley or any other publicly accessible space (whether publicly or privately owned) shall be articulated as follows:

1. The ground floor façade shall be articulated with windows, doors, accent colors or materials and changes in plane.

2. For buildings which are three stories in height and greater, the building shall have a clearly defined base, middle and top and shall include a minimum of two of the following on each floor:

a. Covered outdoor areas, alcoves, atriums or landscaping.

b. A minimum 18-inch raised planter for at least 10 feet.

c. Awnings, trellises, canopies, alcoves, balconies, pilasters, decorative lighting and window boxes.

d. Variation in form and massing.

e. Columns, accent walls, architectural detailing.

f. Upper floors which are setback from the main wall of the floor below.

3. The second floor shall be set back a minimum of two feet from the first floor for at least 75% of the length of each building elevation which faces a street or pedestrian pathway.

D. Main Entry. For buildings in which there is one main entrance to the building located adjacent to a public or privately owned street, the entryway shall incorporate at least four (4) of the following elements:

1. The entryway shall be recessed at least 2 feet from the building facade to create a porch or landing area.

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2. A taller mass above the entrance such as a tower or projection from the main wall of the building.

3. Accented by special architectural elements such as columns, moldi ngs, overhanging roofs, change in roofline or major break in the surface wall.

4. Include an overhead projection of at least 6 inches, such as an awning, canopy, landscaped trellis or other architectural design features.

5. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

6. The landing area shall be enhanced with a paving material, texture, pattern, or color that is differentiated from the rest of the building.

E. Individual Entry. For buildings in which an entry is provided into each unit adjacent to the street, the entryway shall incorporate at least three (3) of the following elements:

1. The doorway shall be recessed at least 3 inches from the building facade.

2. The entryway shall be designed with an overhead projection of at least 6 inches, such as an awning or other architectural design features, so as to distinguish the front door from the rest of the building facade.

3. The entryway shall be clearly marked with a side light window panel, adjacent window (located within three feet of the door), or a door with a window.

4. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

F. Windows and Doors. All windows and doors shall conform to the following:

A. All windows and doors on one elevatio n shall match with respect to operating type, design, shape, color, trim style and the use of grids.

B. Window frames shall not be flush against the wall unless a trim is provided around the window.

C. For rowhouses and townhouses, the doors for each unit shal l vary in color and style to clearly distinguish between each residence. Color schemes for each door shall not be repeated more frequently than every six (6) units within any row of townhouses within a line or facing the same direction along a right-of-way, street, or pedestrian pathway.

G. Mixed-Use Developments. The design of buildings and dwellings located on any property in which a mixed-use development is proposed or within a mixed - E.2
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use zoning district shall, in addition to the design standards for multi -family projects, also conform to the following:

1. Development located within a mixed-use zoning district shall include commercial space as well as residential dwellings.

2. Commercial space shall be located at a minimum on the ground floor of the building and shall face a public street.

3. For ground floor commercial uses which face a street, the ground floor commercial space shall include windows, doors or other openings which comprise at least 75 percent of the building wall area (for the length of the façade which is dedicated to commercial space).

4. Ground floor commercial uses shall have clear, non -reflective or opaque glass that permits views into the establishment.

5. Entry doors into each use shall be clearly marked with signage and an architectural accent such as a delineated porch, canopy, enhanced doors, or recessed entryway which faces the street.

6. The ground floor of buildings located on the corner of two streets shall include a recessed entry where the corner of the building is set back a minimum of 15 feet from each street so that the building is not located within a triangle which is drawn beginning at the corner of the property line and extending 15 feet from the corner along the property line in each direction. This open area shall be designed to inc lude a plaza, landscaping, seating, fountain or other unique element.

H. Mechanical Equipment. All ground floor 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 from any street or pedestrian path. All rooftop mounted equipment shall be screened from view by a parapet wall or other architectural element.

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 17th day of January 17, 2023.

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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of January, 2023, by the following vote:

Mia Casey, 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. 1226 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 17th day of January, 2023, 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 January, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL SPECIAL MEETING AGENDA
MEETING DATE: SEPTEMBER 1, 2022
SUBMITTED: August 29, 2022 AGENDA ITEM: Verification of Agenda Posting DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: A DISCUSSION OF THE PLANNING DEPARTMENT’S PLAN FOR

FUTURE JOINT STUDY SESSIONS BETWEEN THE CITY COUNCIL AND

PLANNING COMMISSION TO REVIEW A MAJOR OVERHAUL OF THE ZONING ORDINANCE.

BRIEF DESCRIPTION: The City Council and Planning Commission will discuss the Planning Department’s plan for a major overhaul of the Zoning Ordinance (Title 17, Zoning, of the Hollister Municipal Code).

RECOMMENDATION: Provide Staff with direction on the proposed pha sing of the major overhaul of the Zoning Ordinance.

DEPARTMENT SUMMARY: The City Council has asked Staff to look into several modifications to the Zoning Ordinance, which Staff has been reviewing. In addition to these modifications, the Planning Department has identified several amendments that should be made to the Zoning Ordinance in order to comply with State Law, to improve the clarity of the Zoning Ordinance, ensure its effectiveness, ensure that the Zoning Ordinance is consistent with current practices and to create a more user friendly Ordinance which will benefit the City as well as the community. Additionally, review of the 2040 Hollister General Plan is currently underway and once adopted may require changes to the existing Zoning Ordinance.

The Planning Department is proposing to break up the review of these modifications into three phases. Phases II and III will be reviewed by the City Council and Planning Commission during Joint Study Sessions. Staff is proposing that the Zoning Ordinance Amendments follow this phasing schedule and that any amendments requested by City Council or the Planning Commission be discussed during Phase III of the overhaul.

Minor modifications to the Zoning Ordinance are currently underway and were reviewed by the Planning Commission during a Public Hearing on August 25, 2022. These modifications were requested by the Planning Commission in order to require the City and Developers to review the density of a residential project consistently. These changes should be made now so that the density of residential projects be reviewed consistently moving forward. These minor changes will be reviewed by the City Council during a Public Hearing on September 19, 2022.

Phase I – Modifications for Compliance with State Law

This phase of the Zoning Ordinance overhaul is currently underway. Staff is proposed to modify the Zoning Ordinance now so that the Zoning Ordinance is consistent with current State Law.

On August 5, 2022, the Planning Commission discussed current State Law and modifications that need to be made to the Zoning Ordinance in order to comply with State Law. These modifications are related to the new Senate Bill 9, (which is not discussed in the Zoning Ordinance) as well as modifications to Chapter 17.04, Residential Districts, Article II, Density Bonus and Section 17.22.040, Accessory Structures, which are inconsistent with recent E.2.a
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changes in State Law.

Staff is currently preparing the draft Ordinances for review by the Planning Commission during a Public Hearing. The Planning Commission will then make a recommendation on the proposed amendments to the City Council. If adopted by the City Council these amendments would be codified into the current Zoning Ordinance.

Should any more changes be made to State Law during all phases of the overhaul, Staff will review the changes in State Law to ensure that the current Zoning Ordinance complies. If the Zoning Ordinance does not comply with changes to State Law, Staff will bring those required changes for adoption as soon as possible.

Phase II – Site and Architecture Review Chapter

The Planning Department has identified several changes that need to be made to Section

17.24.140, Site and Architectural Review as soon as possible. These changes are related to establishing specific findings the City must make during project review. Staff would also like to clarify what projects require approval from the City prior to construction. Additional changes may also be proposed for clarity and to make this Section more user friendly for residents as well as developers. Additionally, Staff is currently preparing Design Guidelines for several areas in the City.

Staff is proposing to bring a draft Ordinance for review by the City Council and Planning Commission during a Joint Study Session. Staff would like to bring the draft Design Guidelines for review during this Study Session and include specific findings related to the Design Guidelines in the updated Site and Architecture Review Section.

Following the Joint Study Session, Staff would bring the final Ordinance and Design Guidelines for review by the Planning Commission and then the City Council during a Public Hearing. The modified Section and Design Guidelines would then be codified into the current Zoning Ordinance and the Design Guidelines would be adopted.

Phase III – Zoning Ordinance Overhaul

Phase III comprises the complete overhaul of the Zoning Ordinance. This phase will include a review of every Section in the Zoning Ordinance. Staff is recommending a significant number of modifications to the existing Zoning Ordinance to improve the clarity of the Zoning Ordinance, ensure its effectiveness, ensure that the Zoning Ordinance is consistent with current practices and to create a more user friendly Ordinance. Additionally, several changes will be required to be made to the Zoning Ordinance related to any modifications required by the 2040 Hollister General Plan (once adopted).

Depending on the number of changes recommended by Staff, Staff will bring one or more draft sections to a Joint City Council/Planning Commission Study Session for review. Staff is proposing to hold these Joint Study Sessions once per month. These draft sections will include any items the City Council or Planning Commission has requested be modified. Changes requested during the Study Session will be incorporated into the final draft Ordinance which will be reviewed during a later Public Hearing.

Once all Sections in the Zoning Ordinance have been reviewed by the City Council and Planning Commission, Staff will bring the project before the Planning Commission and then City Council to repeal the existing Zoning Ordinance and replace with the new Zoning Ordinance.

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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SUBJECT: Zoning Ordinance Amendment 2022-3 – City of Hollister – Amendments to the Zoning Ordinance related to Section 17.24.190, Site and Architectural Review, and 17.24.240, Planned Development Permits, and the adoption of a New Chapter – Residential Design Standards.

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

ATTACHMENTS: 1. Resolution recommending City Council approve amendments to Section 17.24.190, Site and Architectural Review, and Section

17.24.240, Planned Development Permits, and the adoption of Chapter 17.26, Residential Design Standards with the amended Section 17.24.190, Site and Architectural Review, attached as Exhibit A, the amended Section 17.24.240, Planned Development Permits attached as Exhibit B, and the new Chapter 17.26, Residential Design Standards attached as Exhibit C.

RECOMMENDATION: Approve Resolution

BACKGROUND:

The Planning Department’s overall plan for the overhaul of the Zoning Ordinance was discussed with the Planning Commission and City Council during a Joint Study Session on September 1, 2022. As discussed during that Study Session, Staff’s initial plan for the complete overhaul of the Zoning Ordinance was to be conducted in three phases. The three phases are summarized below:

• Phase 1 – Phase I of the Overhaul is for the implementation of recent changes in State Law into the Zoning Ordinance. The current Zoning Ordinance does not comply with several State Laws and requires a significant number of changes. This Phase is currently underway. A new Chapter, Chapter 17.24, Two- Unit Residential Developments and Urban Lot Splits, has been drafted for review by the Planning Commission at tonight’s meeting. Staff is also currently preparing amendments related to Section 17.22.040, Accessory Dwelling Units and a proposed amendment to repeal Chapter 17.04, Article II, Density Bonus and replace with a new Chapter 17.28, Density Bonus. The Amendments have been slightly delayed due to the recent laws signed by Governor Newsom which further changed how City’s must review these types of projects. Additionally, Governor Newsom recently signed a significant number of new laws that relate to housing and how a City can regulate certain types of developments. Staff is currently reviewing all the recent

Planning Commission
Staff Report
November 17, 2022
Item 5
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Staff Report
ZOA 2022-2

Page 2 of 8 ends

Bills signed into Law by the Governor to determine if any other modifications to the Zoning Ordinance are necessary in order to comply with State Law. This Phase is on-going and completion is not anticipated until February 2023.

• Phase II – Phase II was initially intended for several modifications that need to be made to Section

17.24.140, Site and Architectural Review, prior to the overhaul of entire Zoning Ordinance. These modifications are related to clearly identifying what types of projects require review, modifications for clarity and to make this Section more user friendly for residents as well as developers. The update to this Section would also coincide with the adoption of Design Guidelines that Staff is currently preparing to guide the design of residential and commercial development within the City. Staff is now proposing that Phase II be split into two phases – Phase IIA and Phase IIB. Please refer to Staff’s analysis of the Zoning Ordinance Amendments for more information regarding the change in phasing.

• Phase III - Phase III comprises the complete overhaul of the Zoning Ordinance. This phase will include a review of every Section in the Zoning Ordinance. Staff is recommending a significant number of modifications to the existing Zoning Ordinance to improve the clarity of the Zoning Ordinance, ensure its effectiveness, ensure that the Zoning Ordinance is consistent with current practices and to create a more user friendly Ordinance. Additionally, several changes will be required to be made to the Zoning Ordinance related to any modifications required by the 2040 Hollister General Plan (once adopted).

Staff anticipates that Planning Commission Study Sessions regarding Phase III of the Zoning Ordinance Overhaul will continue in January 2023.

ANALYSIS:

After work began on Phase II of the Zoning Ordinance Overhaul, Staff determined that additional modifications to other Sections of Chapter 17.24, Administration and Enforcement, would be required for consistency. Each Section within this Chapter refers to requirements in other Sections. Staff has determined that by changing Section 17.24.190, Site and Architectural Review, this would make this Section inconsistent with others and would cause confusion and could make implementation of the new Section difficult. This would require Staff to amend all of Chapter 17.24, Administration and Enforcement, which will require a much more lengthy process than originally anticipated. Additionally, while conducting preliminary work on this Phase, Staff has also identified several modifications that need to be made prior to the complete overhaul in order to facilitate and streamline the review of some active and anticipated permits in the City.

As a result, Staff is proposing to split Phase II into two separate phases. Phase IIA is under review at tonight’s meeting. Phase IIA will allow Staff to make modifications to Sections 17.24.190, Site and Architectural Review and 17.24.240, Planned Development Permits that Staff feels are necessary to be implemented now. Additionally, Staff is requesting the City implement a new Chapter in the Zoning Ordinance, Chapter 17.30, Residential Design Standards, in order to guide the design of residential developments in the City.

Phase IIB would then come before the Planning Commission for review during one or more Study Sessions.

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This Phase would include the entire overhaul of Chapter 17.24, Administration and Enforcement, and new Design Guidelines related to residential and commercial properties in the City. This Phase will require a significant amount of work. Staff anticipates that this Phase will be ready for review during a Study Session in Spring 2023.

The following is an analysis of the proposed modifications to the Zoning Ordinance.

Chapter 17.24.190, Site and Architectural Review (Exhibit A of Attachment 1)

Residential developments in the RE and R1 Zoning Districts are exempt from Site and Architectural Review.

While this Section specifically excludes review of residential dwelling in the RE and R1 Zoning Districts, previous Staff has applied this exemption to all detached single family dwellings in any zoning district.

This means that all single-family residential developments (of any size) currently only require approval of a Tentative and Final Map and a Building Permit. Review and approval of the Tentative Map is conducted by the Planning Commission. During this phase of a project, the Planning Commission reviews the overall layout of the development, lot dimensions and lot sizes. Some Tentative Maps are also reviewed in conjunction with a request for a Planned Unit Development which can modify the required development standards of the Zoning District in which the property is located. The architecture of the single-family dwelling units and landscaping are not reviewed in detail by Staff, unlike multi-family dwellings. Because the Building Permit is a ministerial action, Staff can only review the design and landscaping with respect to the specific requirements of the Zoning Ordinance including the required setbacks, height limits and lot coverage. Section 17.04.030, Residential general development standards, does include design suggestions, but these are difficult to enforce during building permit review as they are suggestions and not requirements.

The number of single-family residential developments under review by the Planning Department is increasing. The Planning Department is spending a significant amount of time reviewing these developments. Because a building permit is ministerial, the Planning Division cannot review the design of the dwellings in the development. Rather, Staff reviews the plans to ensure that one design is not repeated more than once every four dwelling units, which is currently one of the only design requirements in the Municipal Code to eliminate monotony within new development. Recent projects include elevations which appear very similar. Staff has also seen an increase in the number of dwellings with little articulation, visual interest, or changes in materials. Because these types of development do not require Site and Architectural Review, Staff is unable to recommend design changes to these projects.

Staff is recommending that Section 17.24.190(B) of the Zoning Ordinance be modified to read as follows:

“B. Project Review. No building permit for a new single family residential development of more than two residential dwellings, commercial, industrial or multifamily building shall be issued without approval of a Site and Architectural Review application by the Director of Development Services or the Planning Commission. For single family residential developments which are located in any zoning district in which a single-family development is a permitted use, the Development Services Director shall be the decision- E.2.b
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making authority. For all other developments, the Planning Commission shall be the decision-making authority. Where a Site and Architectural Review is combined with another permit type, the decision-making body shall be the highest level required by the secondary permit type.”

Table 1: Review Process for Select Jurisdictions

Jurisdiction Planning Permit Required Reviewing Body
San Juan
Bautista Projects over 1,000 sq. ft.

Planning Commission. Additions of a certain
size can be reviewed by the Director
Gilroy 4 or more
Director for design only, if PUD or Map is also
filed it is elevated to the Planning Commission
Greenville
SF development and additions
over 500 sq. ft. above the first
floor Planning Commission
San Benito
County
Minor= 10 or fewer dwellings
Major= 10 or more dwellings
Minor=Planning Director
Major=Planning Commission
Watsonville Yes Planning Commission
Morgan Hill 3 or more new residential units Planning Commission Soledad Any lot Director or Planning Commission
Salinas No. Site Plan review only for certain projects

As shown above, the requirement for a permit and review by the Director of Development Services is not unusual and would not create an undue burden on applicants.

The other significant modification to this Section is the inclusion of specific findings that must be made when approving a Site and Architectural Review. Currently, this Section of the Zoning Ordinance does not include findings related to the approval of a Site and Architectural Review request. In the absence of specific findings, Staff has included some basic findings in Resolutions before the Planning Commission.

Findings are the specific reasons Staff and the Planning Commission provide related to the approval or denial of an application. These findings provide the legal record for a project and can be used to clearly demonstrate why a project should be approved (or denied). Findings are also important because they can be used in the future to determine why a project was approved and why specific conditions of approval may have been included in the approval.

By including specific findings in the Zoning Ordinance, related to review of a Site and Architectural Review request, the required findings ae readily visible to Staff and the Planning Commission as well as applicants.

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Applicants may use these findings to conduct a review of their own project to ensure compatibility with the Zoning Ordinance.

The following findings are proposed to be included in Section 17.24.140:

“F. Required Findings. All of the following findings shall be made in order to approve a Site and Architectural Review and shall be supported by substantial evidence in the public record:

1. The proposed project is consistent with the goals and policies of the General Plan, any applicable Specific Plans and any applicable design guidelines.

2. The proposed project is consistent with the provisions of Title 17, Zoning, of the Hollister Municipal Code including the requirements of the Zoning District in which the property is located.

3. The proposed development will not be detrimental to public health, safety or welfare of persons residing in or working in the neighborhood or to the general welfare of the City.

4. The proposed project would offer a distinguishable public benefit - such as additional open space or landscaping; public art or art through innovative architecture or site layout; unique uses not typically permitted within the underlying zoning district; contribution to or construction of significant off-site public improvements or community space; or similar – in exchange for any modifications from standard zoning requested by the planned development.

5. The proposed project is consistent with all applicable requirements of the Municipal Code and applicable Specific Plan related to landscaping and screening, including the location, type, size, water efficiency and coverage of plant materials to ensure visual relief, adequate screening, and an attractive environment for the public.

6. The site has been adequately designed to ensure adequate parking to serve the project and proper circulation for bicyclists, pedestrians, and automobiles.”

Other minor modifications are proposed to correct errors within the Section and to clarify certain requirements. These modifications can be found in Exhibit A of Attachment 1. A complete overhaul of this Section will be completed as part of Phase IIB.

Section 17.24.240, Planned Development Permits

Two minor changes are proposed to this Section of the Zoning Ordinance.

At this time, Staff is proposing that any future requests for a Planned Development Permit be accompanied by a Site and Architectural Review application (Section 17.24.240(C)). The purpose of a Planned Unit Development is to allow greater flexibility in the configuration of buildings than would otherwise be allowed by the Zoning Ordinance, in exchange for innovative or interesting designs or layout, the preservation of open space or other amenity. The review of a Planned Unit Development application is a discretionary review.

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Currently, a Planned Unit Development request is reviewed in conjunction with a Tentative Map.

Developers typically use this process to request a reduction in lot size or setbacks. Because this request is reviewed with a Tentative Map, the City cannot review the overall design of the project. At this phase, the City can only look at the lot layout and cannot determine what the development will look like once constructed. Staff is proposing that this request be reviewed with a Site and Architectural Review so that the Planning Commission can ensure that the request complies with the stated purpose in Section

17.24.240(A).

Further revisions are proposed to delete the existing Section 17.24.240(B). As currently written, the existing Applicability Section does not make sense and it is difficult to determine what types of projects may request a Planned Development Permit. At the recommendation of the City Attorney, Staff is proposing that the existing Section be deleted and replaced with the following:

“B. Applicability. An Applicant may apply for a Planned Development Permit For those developments that do not comply with the objective standards of the Zoning Ordinance but, through innovative design, provide a unique public benefit that outweighs the potential negative impact of noncompliance with the objective standards of the Zoning Ordinance.”

Staff is also proposing to include one additional finding (Finding No. 4) which further reiterates the purpose of a Planned Unit Development.

“4. The proposed project would result in a creative and attractively designed development of superior quality through innovative site layouts, building types, increased landscaping, high quality architectural design, building sizes and other elements than which could occur under the typical standards for the Zoning District in which the property is located”

Further changes to this Chapter will also be made as part of Phase IIB.

Chapter 17.30, Residential Design Standards

The review of the design of a residential project is further complicated by recent State legislation including Senate Bill 35 and Senate Bill 330. These Bills require residential projects to be review against objective standards (meaning that no discretion is involved). Objective design standards are intended to be a predictable, easy to determine requirements that can be applied to a residential development.

In order to assist the City with the review of residential developments under the Site and Architectural Review process, Staff is proposing a Zoning Ordinance Amendment to include a new chapter, Chapter

17.30, Residential Design Standards.

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These standards are intended to be temporary standards. As part of Phase IIB, Staff is preparing a separate design guideline document that will include design guidelines for a variety of uses in the City. Staff is proposing the addition of Chapter 17.30 at this time due to the number of projects that are anticipated in the coming months. Without these guidelines, the City will be unable to impose any design requirements on projects and Staff believes that this should not wait until Phase IIB is implemented (final adoption is not anticipated to occur until late Spring 2023). Staff has determined that there is an immediate need for design standards in order to assist Staff and the Planning Commission in the review of residential designs.

Chapter 17.30, Residential Design Standards, is included as Exhibit C to Attachment 1.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future residential projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

CONCLUSION:

PLANNING COMMISSION OPTIONS:

The Planning Commission can choose one of the following options:

1. Adopt a Resolution recommending City Council approval of amendments to Section 17.24.190, Site and Architectural Review, and Section 17.24.240, Planned Development Permits, and the adoption of Chapter 17.26, Residential Design Standards with the amended Section 17.24.190, Site and Architectural Review, attached as Exhibit A, the amended Section 17.24.240, Planned Development Permits attached as Exhibit B, and the new Chapter 17.26, Residential Design Standards attached as Exhibit C.

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adoption of Chapter 17.26, Residential Design Standards with the amended Section 17.24.190, Site and Architectural Review, attached as Exhibit A, the amended Section 17.24.240, Planned Development Permits attached as Exhibit B, and the new Chapter 17.26, Residential Design Standards attached as Exhibit C, with modifications to the proposed amendments as 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 PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360 Erica Fraser, AICP, Consulting Planner

ATTACHMENTS: 1. Resolution recommending City Council approve amendments to Section 17.24.190, Site and Architectural Review, and Section

2. November 17, 2022 Planning Commission Staff Report (without attachments)

RECOMMENDATION: Approve Resolution

BACKGROUND:

The Planning Commission reviewed modifications to the Zoning Ordinance related to Section 17.24.190, Site and Architectural Review, and 17.24.240, Planned Development Permits, and the adoption of a new chapter – Residential Design Standards during a public hearing on November 17, 2022.

During the meeting, the Planning Commission directed Staff to bring the proposed amendments to a future meeting with an explanation of how the requirement for a Site and Architectural Review will be applied to projects in the City. Direction from the Planning Commission has been incorporated into the revised Amendments and is discussed in detail below.

ANALYSIS:

Chapter 17.24.190, Site and Architectural Review (Exhibit A of Attachment 1)

Planning Commission
Staff Report
December 15, 2022
Item 3
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Staff is recommending that Site and Architectural Review be required for all single family residential developments of three or more dwelling units. Currently, the architecture of single-family dwelling units and landscaping are not reviewed in detail by Staff, unlike multi-family dwellings. The design of the single family residences are not seen until an Applicant/Developer apples for a Building Permit. Because the Building Permit is a ministerial action, Staff can only review the design and landscaping with respect to the specific requirements of the Zoning Ordinance including the required setbacks, height limits and lot coverage. Section 17.04.030, Residential general development standards, does include design suggestions, but these are difficult to enforce during building permit review as they are suggestions and not requirements.

Recent Building Permits reviewed by the Planning Department are for projects which are not well designed, provide little articulation, visual interest, or changes in materials. Because these types of development do not require Site and Architectural Review, Staff is unable to recommend design changes to these projects.

Staff recommends that the requirement for a Site and Architectural Review (as proposed in this amendment) be required for any new project which has not applied for or has an active building permit.

Staff recommends that the Planning Commission phase in the requirement for a Site and Architectural Review to not create a burden on Applicants. Staff recommends that the requirement for Site and Architectural Review for single family residential developments be waived if the Applicant has applied for a Building Permit (which is under review) or has received a Building Permit prior to the effective date of the Ordinance. This would apply to developments where the Applicant/Developer has applied for a master development plan or for a building permit for plot plans which are currently under review. If a Building Permit expires, the Applicant/Developer would then be required to apply for a Site and Architectural Review when they are ready to proceed with their project.

In order to codify this phased approach, Staff mas modified Section 17.24.190.B as follows (new text added based on direction from the Planning Commission on November 17, 2022 is shown in bold font):

“Project Review. No building permit for a new single family residential development of more than two residential dwellings, commercial, industrial or multifamily building shall be issued without approval of a Site and Architectural Review application by the Director of Development Services or the Planning Commission. For single family residential developments which are located in any zoning district in which a single-family development is a permitted use, the Development Services Director shall be the decision-making authority. For all other developments, the Planning Commission shall be the decision-making authority. Where a Site and Architectural Review is combined with another permit type, the decision-making body shall be the highest level required by the secondary permit type. For single family residential developments that have applied for E.2.c
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a building permit for a master development plan or for construction for the dwellings prior to the effective date of the revised Ordinance shall not require a Site and Architectural Review.

Any Building Permit which is expired shall not be exempt from these requirements.

By phasing in the requirement for a Site and Architectural Review to review the design and landscaping of proposed single family residential developments, the Planning Department and the Planning Commission will be able to ensure that the proposed development is compatible with the character of the City, conforms to the new adopted Design Standards, and will result in an attractive development for the City.

The requirement for a Site and Architectural Review is consistent with the permitting requirements for surrounding jurisdictions. By phasing this requirement in, the City will not create an undue burden on Applicants in the City.

Table 1: Permit Review Requirements for Single Family Residential in Surrounding Jurisdictions

Jurisdiction Planning Permit Required Reviewing Body
San Juan
Bautista Projects over 1,000 sq. ft.

Planning Commission. Additions of a certain
size can be reviewed by the Director
Gilroy 4 or more
Director for design only, if PUD or Map is also
filed it is elevated to the Planning Commission
Greenfield
SF development and additions
over 500 sq. ft. above the first
floor Planning Commission
San Benito
County
Minor= 10 or fewer dwellings
Major= 10 or more dwellings
Minor=Planning Director
Major=Planning Commission
Watsonville Yes Planning Commission
Morgan Hill 3 or more new residential units Planning Commission Soledad Any lot Director or Planning Commission
Salinas No. Site Plan review only for certain projects

Should an Applicant wish to combine the Site and Architectural Review with a Tentative Map or Planned Development, the Planning Commission would be the decision making body for all application requests.

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No further changes have been made to Section 17.24.240. For a discussion of the proposed amendments, please refer to the November 17, 2022 Staff Report included as Attachment 2.

Chapter 17.30, Residential Design Standards (Exhibit C of Attachment 1)

No further changes have been made to Chapter 17.30. For a discussion of the proposed amendments, please refer to the November 17, 2022 Staff Report included as Attachment 2.

These design standards would only be required for projects which are being reviewed in conjunction with a request for approval of Site and Architectural Review. Residential developments which have an active building permit prior to the effective date of the Ordinance or which have an approved Site and Architectural Review will not be required to comply with these design standards as long as the Site and Architectural Review approval is valid or the building permit is valid. Should the Site and Architectural Review or Building Permit expire, the residential development will be required to comply with all requirements of the Zoning Ordinance that are in effect at the time a permit is applied for.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

CONCLUSION:

Staff is proposing several modifications to the Zoning Ordinance in order to promote better development and design of single family and multi-family residential developments in the City. By requiring applicants of residential developments of more than two dwelling units to apply for Site and Architectural Review, the Planning Department will be able to review the proposed project for compliance with all requirements of the Zoning Ordinance, review the design for consistency with any adopted design guidelines, review the proposed landscaping and place conditions of approval on the project when necessary. Modifications have been made to the proposed amendments following the November 17, 2022 Planning Commission meeting for clarity and to allowing a phasing in of the requirement for a Site and Architectural Review.

By requiring applicants to combine a Planned Development request with a Site and Architectural Review, the City will be able to ensure that the development is attractively designed, innovative, or provide a unique amenity in exchange for a modification to the development standards of the zoning district in which the subject property is located. By adopting objective design standards, the City will ensure that single family and multi-family developments are attractively designed and reinforce the small town character of Hollister.

PLANNING COMMISSION OPTIONS:

The Planning Commission can choose one of the following options:

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2. Adopt a Resolution recommending City Council approval of amendments to Section 17.24.190, Site and Architectural Review, and Section 17.24.240, Planned Development Permits, and the adoption of Chapter 17.26, Residential Design Standards with the amended Section 17.24.190, Site and Architectural Review, attached as Exhibit A, the amended Section 17.24.240, Planned Development Permits attached as Exhibit B, and the new Chapter 17.26, Residential Design Standards attached as Exhibit C, with modifications to the proposed amendments as 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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17.24.190 Site and Architectural Review.

A. Purpose. Site and Architectural Review is intended to provide for site and architectural regulation, review and approval prior to development as to both on-site and off-site improvements and the height, width, shape, proportions and exterior construction design of buildings and other structures to ensure architectural compatibility with surrounding areas and to promote unified and distinct development within areas.

Site and Architectural Review may also be required at the discretion of the Development Services Director when a single-purpose facility, such as an abandoned school, is being converted to multi-tenant uses.

B. Project Review. No building permit for a new single family residential development of more than two residential dwellings, commercial, industrial or multifamily building shall be issued without approval of a Site and Architectural Review application by the Director of Development Services or the Planning Commission. . For single family residential developments which are located in any zoning district in which a single-family development is a permitted use, the Development Services Director shall be the decision- making authority. For all other developments, the Planning Commission shall be the decision-making authority. Where a Site and Architectural Review is combined with another permit type, the decision- making body shall be the highest level required by the secondary permit type. For single family residential developments that have applied for a building permit for a master development plan or for construction for the dwellings prior to the effective date of the revised Ordinance shall not require a Site and Architectural Review. Any Building Permit which is expired shall not be exempt from these requirements.

1. The building design, elevations, materials, colors, the landscape, lighting and sign plan, building orientation and parking plan substantially conforms with a master architectural, landscaping, lighting and sign program that has been approved by the Planning Commission within the last three years for the project area;

D. In their review, the Planning Commission and the Director of Development Services shall consider the following approval criteria:

1. Traffic Congestion and Safety. The effect of the layout of the development on traffic conditions and patterns on surrounding streets and for compliance with requirements for a Circulation Plan in Section

17.18.030 and supplemental standards in the applicable zoning district for; the layout of the site with respect to locations and dimensions of vehicular pedestrian entrances, exits, drives and walkways; the adequacy of off-street parking facilities to prevent congestion; the location, arrangement and dimensions of loading and unloading facilities; the circulation pattern within the boundaries of the development and the surfacing and lighting of off-street parking facilities;

ground cover or other surface to prevent dust and erosion; and the preservation of existing healthy trees and the planting of additional trees;

E. Hearing and Notice. The Development Services Director shall notice Site and Architectural Review Applications which require review and approval by the Development Services Director in accordance with Section 17.24.160, Administrative Permits with notice and right of appeal. Site and Architectural Review Applications which require review and approval by the Planning Commission and/or the City Council, as noted under subsection B above shall be noticed in accordance with Section 17.24.120, Public hearing.

Planning Commission shall hear each application upon the same notice and proceedings as are required for an original application to the Planning Commission for a Conditional Use Permit under Section 17.24.120 (Public Hearing).

F. Required Findings. All of the following findings shall be made in order to approve a Site and Architectural Review and shall be supported by substantial evidence in the public record:

1. The proposed project is consistent with the goals and policies of the General Plan, any applicable Specific Plans and any applicable design guidelines.

2. The proposed project is consistent with the provisions of Title 17, Zoning, of the Hollister Municipal Code including the requirements of the Zoning District in which the property is located.

3. The proposed development will not be detrimental to public health, safety or welfare of persons residing in or working in the neighborhood or to the general welfare of the City.

5. The proposed project is consistent with all applicable requirements of the Municipal Code and applicable Specific Plan related to landscaping and screening, including the location, type, size, water efficiency and coverage of plant materials to ensure visual relief, adequate screening, and an attractive environment for the public.

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6. The site has been adequately designed to ensure adequate parking to serve the project and proper circulation for bicyclists, pedestrians, and automobiles.

E. Expiration. Site and architectural approval shall be valid for a period of 24 months from and after the date of approval. If a building permit is not issued within that time frame, the approval shall expire and become null and void. If a building permit is issued within the approval period, the Site and Architectural Review approval shall remain valid as long as the building permit has not expired. and shall be null and void if a building permit has not been issued; except that In the event that the building permit expires, the site and architectural approval shall be null and void.

F. Extension. The Director of Development Services shall have the authority to extend all Site and Architectural Review approvals upon the request of the Applicant. A request for an extension shall be filed on a form prescribed by the City together with the required Application Fee at least 30 days prior to the expiration of the original approval. No more than one extension not to exceed a period of one (1) year shall be granted. On application, site and architectural review approval may be extended for an additional period, not to exceed one additional year. Application for extension of site and architectural approval shall be at least 30 days before the expiration of the original approval and shall state the reasons for requesting the extension. A request for extension of the site and architectural approval may be approved, approved conditionally, or denied. In granting an extension of Site and Architectural approval, new conditions may be imposed, and existing conditions may be revised.

G. Appeal. An appeal may be taken from the decision of the Development Services Director to the Planning Commission and from the decision of the Planning Commission to the City Council by any person aggrieved by any such decision within the time limits and following the procedures specified in Section 17.24.140 (Appeals).

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EXHIBIT B of Attachment 1

17.24.240 Planned Development Permits.

B. Applicability. An Applicant may apply for a Planned Development Permit For those developments that do not comply with the objective standards of the Zoning Ordinance but, through innovative design, provide a unique public benefit that outweighs the potential negative impact of noncompliance with the objective standards of the Zoning Ordinance. A Planned Development Permit shall be required for all applicable structures and uses permitted by this Zoning Ordinance; however, none shall be required for alterations to an existing single-family dwelling. Specifically, a permit shall be required under the following circumstances:

1. For a new structure or use listed as subject to a "Planned Development Permit" (PD) in the applicable zoning district;

2. For the change, enlargement, expansion or exterior alteration of an existing structure or use for which a Planned Development Permit has not been issued, excluding an existing single-family dwelling used as a residence; and

3. For the movement or relocation of any structure, including factory-built and manufactured housing, to any parcel within the City.

E. Design Review Procedures. The review of projects for architectural and site plan design is an integral part of the development approval process. Each Planned Development Permit application (including all associated plans and elevations) shall be reviewed to ensure that the application is consistent with: the purpose/intent of this section; all applicable development standards/regulations of this Zoning Ordinance; and any adopted design guidelines/policies that may apply. In addition, applications for Conditional Use Permits and variances are also subject to design review whenever any physical alteration/construction is proposed.

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EXHIBIT B of Attachment 1
a. Compliance with this Zoning Ordinance and all other applicable city ordinances; b. Desirable site layout and design;
c. Compatibility with neighboring property/development; d. Efficiency and safety of public access and parking;
e. Appropriate open space and use of water efficient landscaping; f. Consistency with the General Plan; and
g. Consistency with any adopted design guidelines and design review policies.

2. Reference to Design Guidelines/Policies. In reviewing development/ improvements subject to design review, the Director shall refer to any design guidelines/policies that have been adopted by the Council/Commission in order to provide guidance to applicants seeking to comply with the requirements of this Zoning Ordinance. The Council/Commission may amend the design guidelines/policies whenever it deems it appropriate in order to carry out the purpose/intent of this Zoning Ordinance. Copies of the design guidelines/policies shall be available to the public at the Department.

The adopted design guidelines are to be used by property owners, developers, architects, landscape architects, and designers in the planning and design of projects in the City. The design guidelines communicate the desired qualities and characteristics of development, and are intended to promote quality design that is compatible with the surrounding neighborhood and implement the General Plan.

The design guidelines/policies are used by city staff, the Commission, and the Council as adopted criteria for the review of development proposals subject to design review.

3. Department Recommendation. Following completion of its review of a proposed project, Department staff shall provide a written statement of findings/recommendations to the review authority for its consideration simultaneously with a Conditional Use Permit and Site and Architectural Review application. Department staff may recommend approval, approval with conditions, or disapproval of a project. The report containing findings, recommendations and conditions, shall also be forwarded to the applicant prior to consideration by the review authority.

Where the findings/recommendations of the staff may substantially alter a proposed development, the applicant may be requested to submit revised plans at the discretion of the Director.

4. Preliminary Design Concept Review. The Director may require that a project applicant submit design concept plans for preliminary design review prior to submittal of a formal application for a project deemed significant by the Director. The purpose of the preliminary consultation is to advise the project applicant of applicable design guidelines, design review policies, and other specific design criteria that may affect the design of the project.

F. Hearings and Notice. Upon receipt of a Planned Development Permit application in proper form, a public hearing before the Planning Commission shall be set and notice of the hearing given in compliance with Section 17.24.120 (Public Hearings) of this chapter.

G. Decision and Findings. Following a hearing, if required, the Planning Commission, as outlined in Table 17.24- 1, shall record the decision in writing and shall recite the findings upon which the decision is based. The Planning Commission may approve or modify a Planned Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project- related adverse impacts, and to carry out the purpose/intent and requirements of the respective zoning district. The Planning Commission may approve a Planned Development Permit, only if all of the following findings are made:

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EXHIBIT B of Attachment 1

1. The proposed development is one allowed within the subject zoning district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development/site standards/guidelines and any adopted design guidelines;

2. The proposed development is consistent with the General Plan;

3. The approval of the Planned Development Permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

4. The proposed project would offer a distinguishable public benefit - such as additional open space or landscaping; public art or art through innovative architecture or site layout; unique uses not typically permitted within the underlying zoning district; contribution to or construction of significant off-site public improvements or community space; or similar – in exchange for any modifications from standard zoning requested by the planned development.

6. The subject site is physically suitable for the type and density/intensity of use being proposed;

8. The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

H. Expiration. A Planned Unit Development Permit shall be exercised within two years from the date of approval or the Permit shall become void except when:

1. An extension is approved by the Planning Commission in compliance with procedure for extending a permit found in this Zoning Code; or

I. Revocation. The Planning Commission may revoke or modify a Planned Development Permit in compliance with Section 17.24.130(H) (Revocations) and Article III (Enforcement).

J. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any condition of approval imposed by the review authority.

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17.30 Residential Design Standards

17.30.010 Purpose

The purpose of this Chapter is to establish objective design standards to guide the design of new residential developments in the City to::

A. Promote visual interest in the City’s residential developments.

B. Ensure projects enhance their sites and the surrounding area.

C. Ensure multi-family dwellings are designed for activation of the street on which they are located.

D. Enhance the architectural character and scale of neighborhoods.

E. Enhance the visual quality of the City through well designed projects.

F. Encourage the development of neighborhoods that provide a high-quality living environment.

G. Enhance property values within the City.

17.30.020 Design Standards for Single Family Detached and Duets.

B. General Site Planning. All new residential developments shall incorporate the following:

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elements shall vary between units to qualify as a change in architectural style for the purpose of this section:

3. Sidewalks shall be located on both side of the street throughout the development.

2. Garages shall be designed so that they do not occupy more than 50 percent of the length of the front elevation.

4. For buildings in which the main elevation has a length of 50 feet or greater, for each interval of at least 50 feet of building length, there shall be a plane break E.2.f
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along the façade composed of an offset of at least five (5) feet in depth by 25 feet in length.

6. Design elements and detailing, such as base materials, trim, window treatments, trim detailing, etc., shall be continued completely around the structure where visible from the right-of-way.

7. All accent materials or enhanced materials shall be terminated at an interior corner.