to Accessory Dwelling Units and Junior Accessory Dwelling Units is exempt from CEQA because the Ordinance is not a project under CEQA (CEQA Guidelines, Section 15378); and
WHEREAS, the City will work with property owners to legalize any Accessory Dwelling Units or Junior Accessory Dwelling Units that may occur as a result of a permitted conversion (pursuant to Section 17.16.020(B)(3) of the Zoning Ordinance) that was converted to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit without obtaining the required permit from the City; and
WHEREAS, any illegal conversions to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit will be counted as an Accessory Dwelling Unit or Junior Accessory Dwelling Unit if the Unit meets the definitions included in 17.32.020 of the Zoning Ordinance when reviewing any requests for an additional Accessory Dwelling Unit or Junior Accessory Dwelling Unit; and
NOW THEREFORE IT IS RESOLVED, that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the amendment to the Zoning Ordinance to repeal Section 17.22.040, Accessory Dwelling Units and include Chapter 17.32, Accessory Dwelling Units, included as Exhibit A.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 26th day of January 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Adrianna Ortiz, Secretary
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 1, 2023 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. 1230 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO REPEAL ARTICLE II, DENSITY BONUS OF CHAPTER 17.04, RESIDENTIAL ZONING DISTRICTS, AND REPLACE WITH CHAPTER 17.34, DENSITY BONUS AND THE
ADOPTION OF AN APPLICATION FEE RELATED TO DENSITY BONUS APPLICATIONS(ZOA 2023-2)
DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to repeal Article II, Density Bonus of Chapter 17.04, Residential Zoning Districts, and replace with Chapter 17.34, Density Bonus and the adoption of an Application Fee for Density Bonus Applications.
RECOMMENDATION: Hold a public hearing, read by title only, waive full reading and INTRODUCE an Ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council Meeting.
DEPARTMENT SUMMARY: The Planning Commission reviewed necessary modifications to the Zoning Ordinance related to Density Bonuses, resulting from changes in State Law during a Study Session on August 4, 2022. The purpose of the August 4th Study Session was to discuss changes in State Law that were codified after Article II, Density Bonus, of Chapter 17.04, Residential Zoning Districts was adopted in 2011. The current Density Bonus is inconsistent with State Law and Staff is unable to use most of this Ordinance (most of the submittal requirements are inconsistent with State Law).
On January 26, 2023, the Planning Commission reviewed the draft Density Bonus Ordinance. During the meeting, public comments were received from one individual.
After the public hearing was closed, the Planning Commission adopted a Resolution (Resolution No. 2023-2) recommending the City Council repeal the existing Chapter
17.04, Article II, Density Bonus and replace it with Chapter 17.34, Density Bonus and require an Application Fee to cover costs associated with the processing of these requests.
Government Code 65915-65918 – Density Bonuses and Other Incentives
The State Density Bonus Law (Sections 65915-65918 of the California Government Code, Attachment 2) allows developer to seek a density bonus in exchange for donating land or for building affordable projects. A density bonus means an increase in the permitted number of dwelling units over the otherwise maximum allowable gross residential density established by the City, the amount of which varies based on the E.2
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type and percentage of affordable housing provided by the Developer. A developer does not have to take advantage of the increase in dwelling units permitted by the State Density Bonus Law. A developer may choose to only select an incentive/concession given for the provision of affordable units.
The following Table summarizes the percentage of bonus granted by the Target Group (level of affordability) and the percentage of affordable units that are provided on-site.
Table 1: Density Bonus by Target Group and Percentage of Development Affordability
Target Group Minimum %
Target Units
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Target Units
% Target
Units
Required for
Maximum
50% Bonus
Very Low Income 5% 20% 2.5% 15%
Low Income 10% 20% 1.5% 24%
Moderate Income
(Must be For-Sale)
10% 5% 1% 44%
Maximum
Incentive/Concession
1 2 3 4
In addition to granting a density bonus, the City is required to provide one or more incentives or concessions to each project which qualifies for a density bonus (see Table 1). The following have been identified as a concession or incentive under the Government Code:
A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or
Approval of mixed-use zoning; or
Other regulatory incentives or concessions which result in identifiable and actual cost reductions.
The number of incentives that can be granted are based on the percentage and type of affordable housing provided in the development.
Several changes have been made to the State Density Bonus Law since the City’s Density Bonus Ordinance was adopted in 2011. The following changes to have been made which are not consistent with the City’s current Ordinance:
The City must allow for a higher density bonus as listed in Table 1;
The City must grant a density bonus for the provision of units for foster youths, disabled veterans, homeless and college students;
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A City can no longer require a pro forma or other documentation to prove that the requested incentives and concession are necessary to make the housing development financially feasible;
The Law now allows a density bonus for mixed-use projects;
The State Law establishes parking requirements which are lower than what is in the Zoning Ordinance (granted based on the provision of affordable housing, a Developer may also seek an incentive to further reduce required on-site parking);
The State Law establishes affordable housing restrictions which are different from what is in the current Zoning Ordinance;
A City is required to clearly show what information must be submitted for a complete density bonus application;
Current law increases the total number of incentives the City must provide (up to four incentives);
A City must grant a density bonus for the provision of a childcare facility on residential and commercial and industrial projects; and
Permits the City to grant a floor area ratio bonus rather than a tradition density bonus for high density projects adjacent to public transit.
The existing Article II, Density Bonuses, of Chapter 17.04, Residential Zoning Districts, of the Zoning Ordinance will be repealed and replaced with Chapter 17.34, Density Bonus. The new Chapter 17.34 incorporates all the requirements included in Government Code Sections 65915-65918. The Chapter was prepared with assistance from the City Attorney’s office to ensure that the Chapter is consistent with the Government Code. The new Chapter will codify the requirements of Government Code Sections 65915-65918 into clear and easy to understand language. The Chapter will include these regulations, Application requirements, reviewing procedures and other requirements to ensure that the new Chapter is easy to read, establishes the submittal requirements (to assist Applicants as well as Staff) and provide a clear path to approval.
The new Chapter 17.34, Density Bonus, is described in detail below.
Section 17.34.020 - Definitions
This Section provides definitions for all the terms in Chapter 17.34, Density Bonus.
Section 17.34.030 - Eligibility for Bonus, Incentives, or Concessions
This Section establishes the eligibility for a Density Bonus and incentives and concession. A Density Bonus shall be granted any housing developments of five or more dwelling units which provides very low, low and/or moderate-income units in the amount listed in Table 1.
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Section 17.34.040 - Allowed Density Bonus
This Section establishes the maximum allowed density bonus, or the maximum number of dwelling units allowed in excess of the maximum number of dwelling units than would otherwise be allowed under the Zoning Ordinance and General Plan. The total number of additional units is based on the percentage of, and type of affordable units provided in the residential development. Pursuant to State Law and opinions published by the California Department of Housing and Community Development, a developer is not required to construct the additional units permitted under the Density Bonus, nor are they required to construct the maximum number of dwelling units permitted under the Zoning Ordinance. When determining the density bonus percentage, a developer may only select from one affordable type.
Table 2: Maximum Density Bonus by Affordability
Granted Density Bonus Percentage
(Max)
Percentage
of
Development
Very-Low
Income
Low-
Income
For-Sale
Moderate
5 20 -- --
6 22.5 -- --
7 25 -- --
8 27.5 -- --
9 30 -- --
10 32.5 20 5
11 35 21.5 6
12 38.75 23 7
13 42.5 24.5 8
14 46.25 26 9
15 50 27.5 10
16 -- 29 11
17 -- 30.5 12
18 -- 32 13
19 -- 33.5 14
20 -- 35 15
21 -- 38.75 16
22 -- 42.5 --
23 -- 46.25 --
24 -- 50 --
For example, if a developer provided 10 units for low-income households within a 100 unit residential unit development (10% affordability), the developer would be allowed a 20 percent density bonus - or a total of 20 additional dwelling units. If the Zoning Ordinance allows a maximum density of 100 dwelling units for the subject property, the developer would be allowed to construct 20 units above the maximum for a total of 120 E.2
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dwelling units on the property. This increase above the maximum density does not require a General Plan Amendment or a Rezone.
If a developer provided five units for very-low and five units for low-income households, the developer would choose which affordable type they wished to receive a bonus for.
The developer would select very-low and as shown in Table 2 above, the developer would be allowed a 20 percent density bonus.
Section 17.34.050 – Density Bonus for Affordable Housing on the Site of a Commercial Development
An Applicant may also receive a density bonus by partnering with a housing development to construct residential dwellings in addition to a commercial development on a property which is designated for commercial development only. At least 15 percent of the units must be dedicated to very-low income households or 30 percent of the total units must be dedicated to low-income households in order to be eligible for this incentive.
Section 17.34.060 – Allowed Incentives or Concessions
This Section establishes the incentives or concessions a developer may ask for as part of a Density Bonus Application. An Applicant may receive one to four incentives. The total number of incentives is based on the total percentage and income level of the affordable units. Please refer to Table 1 for more information. The following are incentives or concessions available to developers:
A reduction in the standards required by the Zoning Ordinance (such as lot size, setbacks, lot coverage, design standards, and parking standards). All requests for relief from the provisions of the Zoning Ordinance count as one incentive (i.e., a request for a setback and lot coverage modification only counts as one incentive).
Approved of mixed-use for the site where not otherwise allowed.
Other regulatory incentives (such as street width, sidewalks, etc.).
Direct financial contribution. This request must be approved by the City Council. A City is not required to approve requests for financial contributions.
Requirements of the Building Code and the Fire Code cannot be waived as part of a Density Bonus request.
Section 17.34.070 – Parking Requirements
Parking requirements for projects eligible for a density bonus are subject to the parking required by the Government Code.
Section 17.34.080 – Bonus and Incentive for Developments with Child Care Facilities
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A housing development is eligible for an additional incentive or concession if the development includes a child care facility within the project area. The requested incentive must be related to the support of the construction or operation of a child care facility and can include an additional bonus which increases the total square footage of the residential development, which is the equal to the square footage of the childcare facility, or another bonus (as identified by the developer) which will contribute to the economic feasibility of the construction of the child care facility.
The Government Code includes requirements related to the operation of a child care facility approved in conjunction with a density bonus request. Additionally, the requested incentive is related to the construction or operation of the child care facility. Therefore, the proposed size and operational characteristics of the child care facility must be reviewed at the same time as the Density Bonus Application. In order to review the child care facility in detail and to ensure that the facility will be constructed, Staff has included a requirement that the Density Bonus Application also include a Site and Architectural Review and/or Conditional Use Permit for the child care facility.
Section 17.34.090 - Location and Type of Designated Units
Affordable units will be required to be dispersed throughout the development, the same type as the market rate units (for example if the units are single family dwellings, the affordable units must also be single family dwellings), and the exterior design and quality of constructions are required to be the same as the market rate units.
Section 17.34.100 – Density Bonus Application
This Section establishes the submittal requirements for Density Bonus Applications including specific submittal requirements for Density Bonus requests that include a childcare facility, student housing, condominium conversions, land donations, and requests for a mixed-use development.
Section 17.34.110 – Review of Density Bonus Application
A Density Bonus Application shall be considered and acted upon by the approval body with authority to approve the development (most likely the Planning Commission). This Section includes the findings for approval of a Density Bonus request as well as the required findings for denial.
Section 17.34.120 – Density Bonus Housing Agreement
All Applicants who are requesting a Density Bonus will be required to enter into a Density Bonus Agreement with the City. The Agreement will include the requirements for sale and rental of the units, required deed restrictions, allow the City first right to lease or buy the affordable units, owner-occupancy for for-sale dwelling units, and requirements related to the condition of rental units.
Section 17.34.130 – Deed Restriction
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The City will also require a Deed Restriction for the properties where an affordable unit is located. The Deed Restriction will include the requirements of the Density Bonus Housing Agreement as well as the following:
A prohibition on non-residential uses (with the exception of Home Occupations);
A prohibition on short term rentals of less than 30 days);
A description of the affordability requirements; and
The number of years the unit is subject of affordability.
Section 17.34.140 – Continued Affordability and Availability
All very-low and low income units are required to remain affordable for a period of fifty- five years. Moderate income level units will remain affordable for thirty years. The period of affordability for moderate income units is at the City’s discretion. Staff is recommending that the period of affordability for moderate income units be thirty years for consistency with the City’s current affordable programs.
Section 17.34.150 – Control of Resale
This Section establishes the requirements related to the resale of affordable units to ensure that units remain affordable for the period required in Section 17.34.140.
Section 17.34.160 – Judicial Relief
As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.
Application Fee
Currently there is no filing fee associated with a Density Bonus Application. This may be an oversight due to the fact that prior to 2022, Density Bonus requests were very rare (Staff is unable to find any). In 2022, Staff received one request for a Density Bonus and several other Applicants have indicated that they intend to apply for a Density Bonus.
The review of a Density Bonus Application can be time consuming. Due to the complexity of the law and the varied requirements for land donations, specific types of developments, and child care facilities both Staff and the City Attorney spend a significant amount of time reviewing these requests.
Staff must review each Application for completeness and to determine the density bonus and number of incentives or concessions that are permitted. Staff then needs to review the Application to determine if the requested bonus and incentives are allowed pursuant to the Government Code and if the request can be approved. If the request does not comply with the Government Code or the City’s requirements, Staff must then E.2
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work with the Applicant to assist them in meeting all requirements so that the request can be approved by the Planning Commission. Once the Application is ready for a Public Hearing, Staff must then notice the project and prepare a Staff Report and Resolution for review by the Planning Commission.
For the Application currently under review, it is estimated that Staff has spent approximately 20 hours of Staff time plus ten hours of the City Attorney’s time and Staff anticipates that this number will at least double. This time is related to reviewing the request, the submittal of comments to the Applicant (noting inconsistencies with State Law), working with the City Attorney to review each submittal for consistency with the Law, meetings and communication with the Applicant, and assistance in the preparation of a complete Application. The costs associated with this review are not being funded by the Applicant and are passed onto the City because the Application is free. Due to the nature of these requests and the complexity involved in the review of the requested Density Bonus, Staff anticipates that most Applications will also require a similar amount of time for processing.
Staff recommends that the Planning Commission recommend to City Council that an Application Fee be established for Density Bonuses. Staff feels that the Application Fee for a Conditional Use Permit ($5,227.00) is comparable with the time Staff anticipates spending on these types of Applications (approximately 40 hours). As an incentive or concession, the Applicant may also request approval of a waiver of the Application Fee.
Conclusion:
The proposed amendment to the Zoning Ordinance is part of Phase I of the overhaul of the Zoning Ordinance. Article II, Density Bonus, was last modified in 2011 and the State has passed several Bills and amendment the Government Code to regulate Density Bonus requests. Staff is proposing to rescind the existing Article II and replace with a new Chapter that is designed to meet the City’s goal of modifying the Zoning Ordinance so that it is more user friendly and clearly establishes the requirements for Density Bonuses. The new Chapter 17.34, Density Bonus, is consistent with the requirements of the Government Code. By requiring the submittal of an Application Fee with a request for a Density Bonus, the City will ensure that costs associated with the processing of these Applications is covered by the Applicant.
City Council Options:
The City Council has the following options at tonight’s meeting:
1. Adopt an Ordinance to repeal Article II, Density Bonus of Chapter 17.04, Residential Zoning Districts, of the Zoning ordinance and replace with a new Chapter, Chapter 17.34, Density Bonus, with the new Chapter 17.34 and establish an Application Fee related to Density Bonus Applications.
The existing Section of the Zoning Ordinance is inconsistent with the requirements for Density Bonuses in the Government Code. The Density Bonus section of the Government Code has been amended several times since this Section of the Zoning Ordinance was last amended in 2011. The E.2
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Ordinance has been prepared so that the new Chapter includes all of the requirements of the Government Code in a format which is easier for Staff and Applicants to read. The adoption of a new Section within the Zoning Ordinance related to Density Bonuses will meet the City’s overall goal of amending the Zoning Ordinance to ensure that the Zoning Ordinance is easy to understand and contains clear, easy to follow application submittal requirements and the review process. This Ordinance will also establish an Application Fee to cover the costs associated with the review of Density Bonuses.
2. Deny an Ordinance to repeal Article II, Density Bonus of Chapter 17.04, Residential Zoning Districts, of the Zoning ordinance and replace with a new Chapter, Chapter 17.34, Density Bonus, with the new Chapter 17.34 and establish an Application Fee related to Density Bonus Applications.
Should the City Council deny the proposed Ordinance, the City’s existing Article II, Density Bonus of Chapter 17.04, Residential Zoning Districts, will remain inconsistent with the requirements of the Government Code. The City will be required to follow the Government Code instead of this Section of the Zoning Ordinance. Additionally, the City will continue to process these type of applications for free.
3. Continue the hearing and direct Staff to provide additional information or clarification.
Staff is recommending Option 1.
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 therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378). Future development of a site will be subject to the requirements of CEQA.
ATTACHMENTS:
1. Attachment 1. Chapter 17.04 Article II. Density Bonus
2. Attachment 2. Government Code Sectins 65915-65918
3. Attachment 3. Resolution_ZOA 2023-2_Unsigned
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING
THE ZONING ORDINANCE TO REPEAL ARTICLE II, DENSITY BONUS OF CHAPTER 17.04, RESIDENTIAL ZONING DISTRICTS, AND REPLACE WITH CHAPTER 17.34, DENSITY BONUS AND THE ADOPTION OF AN APPLICATION FEE RELATED TO DENSITY BONUS APPLICATIONS(ZOA 2023-2)
WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and
WHEREAS, following the adoption of Article II, Density Bonus, the Governor signed several Bills into law which includes the Density Bonus that must be granted to eligible projects and limits how cities can regulate and review Density Bonus requests; and
WHEREAS, these regulations are included in Government Code Section 65915-65918; and
WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code Section 65915-65918; and
WHEREAS, on August 4, 2022, the Planning Commission held a noticed Study Session to discuss necessary changes to the City’s Density Bonus Ordinance; and
WHEREAS, on January 26, 2023, 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. 2023- 2 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 the adoption of an Application Fee; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendment and Fee on February 21, 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; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and
WHEREAS, the City desires to repeal the existing Article II, Density Bonus of Chapter
17.04, Residential Zoning Districts, which is inconsistent with State Law and replace with Chapter 17.34, Density Bonus; and
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WHEREAS, currently there is no Application Fee associated with an application request for a Density Bonus and the City desires to establish a Fee for these types of projects; and
WHEREAS, the City hereby establishes an Application Fee of $5,227.00 because this amount is comparable to the amount of time Staff spends on this Application type; and WHEREAS, the City Council of the City of Hollister hereby makes the following findings related to the Zoning Ordinance Amendments as required by Section 17.02.120.D of the Municipal Code:
1. The proposed amendment is consistent with the General Plan because:
the repeal of Article II, Density Bonus, of Chapter 17.04, Residential Zoning Districts, and the replacement with Chapter 17.34, Density Bonus, will codify the requirements of Government Code 65915-65918 into the Zoning Ordinance.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed Zoning Ordinance Amendment will provide clear language on the requirements for Density Bonus requests, eligibility, incentives, submittal requirements, and review procedures.
3. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations in the General Plan and any adopted area or specific plan because: by repealing Article II, Density Bonus, of Chapter
17.04, Residential Zoning Districts and replacing with a new Chapter, Chapter 17.34, Density Bonus, the City will provide a clear, easy to use method for determining the requirements to gain approval of these requests within the City.
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:
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SECTION 1: The Hollister Municipal Code is hereby amended to repeal Article II, Density Bonus, of Chapter 17.04, Residential Zoning Districts and replace with Chapter
17.34, Density Bonus to read as follows:
Chapter 17.34 - Density Bonus
17.34.010 - Purpose
As required by Government Code Section 65915, this chapter offers Density Bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 17.34.030 (Eligibility for bonus, incentives, or concessions). This chapter is intended to implement the requirements of Government Code Section 65915 et seq., and the Housing Element of the General Plan. As used in this chapter and when otherwise required by Government Code Section 65915 et seq., “housing development” means a development project for five (5) or more residential units, including a mixed-use development, that meets the requirements of Government Code Section 65915(i).
17.34.020 - Definitions
The following definitions shall apply to this Chapter:
A. Affordable ownership cost means a reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, mortgage insurance, property taxes and property assessments, homeowner's insurance, homeowner's association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed the income limits established under Section 50052.5 of the California Health and safety Code.
B. Affordable rent means monthly rent, including a reasonable allowance for garbage collection, water, electricity, gas, and other heating, cooking, and refrigeration fuels, and all mandatory fees charged for use of the property, which does not exceed the income limits established under Section 50053(b) of the California Health and Safety Code.
C. Area median income means the annual median income for San Benito County, adjusted for household size, as published periodically in Title 25, Section 6932, California Code of Regulations, or its successor provision, or as established by the city of Hollister in the event that such median income figures are no longer published periodically in the California Code of Regulations.
D. Applicant shall mean any person, firm, partnership, non-profit, association, joint venture, corporation, or any entity or combination of entities who seeks approval of a permit from the City for a development that incudes residential dwelling units on a parcel within the City which is owned or not owned by the Applicant.
E. Child care facility means a facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a 24-hour basis, including infant centers, preschools, extended day care facilities, and E.2
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school age children, operated and maintained by the operator or owner. Day care center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.
F. Common Interest Development shall mean a community apartment project, a condominium project, a planned development or a stock cooperative.
G. Concessions means a reduction in site development standards or a modification of zoning code or architectural design requirements, approval of mixed-use zoning or other regulatory incentives or concessions which actually result in development project cost reductions.
H. Density Bonus means an increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the Land Use Element of the Hollister General Plan and the Zoning Ordinance in accordance with State law and this Chapter.
I. Density Bonus Units means those residential dwelling units approved pursuant to this Chapter, which exceed the otherwise maximum allowable residential density for the development site.
J. Development standard means a site or construction condition, other than density or lot size, including but not limited to: a height limitation, minimum lot size, lot dimensions, setback requirements, lot coverage (except where Floor Area Ratio is used instead of lot coverage), or open space requirement that applies to a residential development pursuant to any ordinance, General Plan Element, Specific Plan, or other City condition, law, policy, resolution, or regulation.
K. First approval means the first of the following approvals to occur with respect to a residential development: Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit.
L. Housing Development means a development project consisting of five or more residential units including mixed-use developments. Housing development also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consistent of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase of the available residential units.
M. Homeless persons shall have the same meaning as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
N. Incentives means such regulatory incentives as defined in Section 17.30.060, Allowed Incentives or Concessions.
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O. Lower-income households means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. Lower- income households includes very low-income households, as defined in Section 50105, and extremely low-income households, as defined in Section 50106.
P. Lower income student means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
Q. Major transit stop shall have the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
R. Maximum allowable residential density means the maximum number of dwelling units permitted for a residential project by the City's Zoning Ordinance and by the Land Use Element of the General Plan on the date that the application for the residential project is deemed complete, excluding any units allowed by a Density Bonus. If the maximum density allowed by the Zoning Ordinance is inconsistent with the density allowed by the Land Use Element of the General Plan, the General Plan density shall prevail.
S. Mixed-use development shall mean a development that includes residential as well as commercial, office or industrial uses.
T. Moderate-income households means households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
U. Non-restricted units means all dwelling units within a residential development except the target units.
V. Residential development means a development project of five or more dwelling units and includes a subdivision or common interest development.
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W. Shared housing building shall mean a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants.
The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
X. Shared housing unit shall mean one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.
Y. Senior citizen housing development means a residential development that has a minimum of 35 dwelling units and that is constructed or substantially renovated for senior citizens aged fifty-five (55) years or older.
Z. Specific adverse impact means a significant, quantifiable, direct and unavoidable impact based on objective and identified written public health or safety standards, policies or conditions as they existed on the date that the application for the housing development was deemed complete as defined by Section 65589.5 of the Government Code.
AA. State Density Bonus Law means the State of California Government Code Section 65915 as may be amended.
BB. Student Housing Development shall mean a housing development exclusively occupied by undergraduate, graduate, or professional student enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior colleges.
CC. Target unit means a dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to: very-low, lower, or moderate-income households, or is a dwelling unit in a senior citizen housing development, or is intended serve transitional foster youth, disable veterans, or homeless persons, or is a dwelling unit in a student housing development, and which qualifies the residential or commercial development for a density bonus and other incentives or concessions pursuant to this Chapter.
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DD. Very-low income households means households whose income does not exceed the very-low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
17.34.030 - Eligibility for Bonus, Incentives, or Concessions
To be eligible for a Density Bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of Hollister Municipal Code, except as provided by Section 17.34.060 (Allowed Incentives or Concessions).
A. Resident Requirements. A housing development proposed to qualify for a Density Bonus shall be designed and constructed so that it includes at least one of the following:
1. Ten percent (10%) of the total number of proposed pre-Density Bonus, base units are for lower-income households, as defined in Health and Safety Code Section 50079.5;
2. Five percent (5%) of the total number of proposed pre-Density Bonus, base units are for very low-income households, as defined in Health and Safety Code Section 50105;
3. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 and 799.5;
4. Ten percent (10%) of the total number of proposed pre-Density Bonus, base units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;
5. Ten percent (10%) of the total number of proposed pre-Density Bonus, base units are for housing transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), where such units are subject to a recorded affordability restriction of fifty-five (55) years and provided at the same affordability level as very low income units;
6. Twenty percent (20%) of the total number of proposed pre-Density Bonus, base units are for lower income students and made available at an affordable rent in an exclusively student housing development, as specified in Government Code Section 65915(b)(1)(F), where such units E.2
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are subject to a recorded affordability restriction of fifty-five (55) years and priority is given to students experiencing homelessness; or
7. One hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of the units in the development, including total units and Density Bonus Units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
B. Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the Density Bonus in compliance with Section 17.34.040 (Allowed Density Bonuses), the applicant who requests a Density Bonus shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), (4), (5), (6), or (7) of this section. An application submitted pursuant to Section 17.34.100, shall include the number of bonus units requested pursuant to this section.
C. Bonus Units not Included in Calculation. Except as provided in subsection (A)(7), a Density Bonus granted in compliance with Section 17.34.040 (Allowed Density Bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection A of this section.
D. Minimum Project Size to Qualify for Density Bonus. The Density Bonus provided by this chapter shall be available only to a housing development of five (5) or more dwelling units.
E. Condominium conversion projects. A condominium conversion project for which a Density Bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.
F. Existing Units; Replacement. When a proposed project affects existing units and/or any other circumstances identified in Government Code section 65915(c)(3) apply, a proposed development must replace the affected units and comply with all other requirements of Government Code section 65915(c)(3), as specified, to be eligible for a Density Bonus or other incentives or concessions.
17.34.040 - Allowed Density Bonuses
The amount of Density Bonus allowed in a housing development shall be determined in compliance with this section.
A. Density Bonus. A housing development that complies with the eligibility requirements in Section 17.30.030(A)(1), (2), (3), (4), (5), (6), or (7) shall be entitled to Density Bonuses as follows, unless a lesser percentage is proposed by the applicant:
1. Bonus for Units for Lower-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section E.2
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17.34.030(A)(1) (ten percent (10%) of units for lower-income households) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-1: Density Bonus for Low-Income Units
Percentage
of Low-
Income
Units
Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
2. Bonus for Units for Very Low-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section
17.34.030(A)(2) (five percent (5%) of units for very low-income households) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-2: Density Bonus for Very-Low Income Units
Percentage
of Very-Low
Income Units
Percentage Density
Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
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3. Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in Section
17.34.030(A)(3) (senior citizen development or mobile home park) shall be entitled to a Density Bonus of twenty percent (20%) of the number of senior housing units.
4. Bonus for Moderate-Income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.34.030(A)(4) (ten percent (10%) of units in a common interest development for persons and families of moderate income) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-3: Density Bonus for for-Sale Moderate-Income Units
Percentage of
Moderate-
Income Units
Percentage Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
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41 38.75
42 42.5
43 46.25
44 50
5. Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.34.030(A)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a Density Bonus of twenty percent (20%) of the units of the type giving rise to a Density Bonus.
6. Bonus for Lower Income Students in a Student Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.34.030(A)(6) (lower income students in student housing) shall be entitled to a Density Bonus of thirty-five percent (35%) of the student housing units.
7. Bonus for Units for Lower-Income and Moderate-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.34.030(A)(7) (lower-income and moderate-income households) shall be entitled to a Density Bonus of eighty percent (80%) of the number of units of lower income households.
a. If the housing development described in this subsection (A)(7) is located within one-half mile of a major transit stop, there shall be no maximum controls on density. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
b. A housing development that receives a waiver from maximum controls on density shall only be eligible for a waiver or reduction of a height increase of up to three additional stories, or 33 feet, as expressly provided in Section 17.34.060(C)(4).
8. Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this subsection, the applicant shall be entitled to a Density Bonus for the entire development, as follows; provided, that nothing in this subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.
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I I
a. Basic Bonus. The applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district for the entire development, and an additional increase as follows:
Table 17.34-4: Density Bonus for Land Donation
Percentage of
Very Low-
Income Units
Proposed
Percentage Density
Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
b. Increased Bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (A)(1) through (7) of this section up to a maximum combined mandated density increase of thirty-five percent (35%) if an applicant seeks both the increase required in compliance with this subsection (A)(8), as well as the bonuses provided by subsections (A)(1) through (7) of this section.
c. Eligibility for Increased Bonus. An applicant shall be eligible for the increased Density Bonus provided by this subsection if all the following conditions are met:
i. The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or
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applicable development review application for the residential development.
ii. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.
iii. The transferred land is at least one acre in size, or of sufficient size to permit development of at least forty (40) units; has the appropriate General Plan land use
designation; is appropriately zoned for development as
affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.
iv. No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income
housing units on the transferred land, except that the City may subject the proposed development to subsequent
design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.
v. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.34.130 (Deed Restriction) and 17.34.140 (Continued Affordability and Availability), which shall be recorded on the property at the time of
dedication.
vi. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing
developer.
vii. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one- quarter (1/4) mile of the boundary of the proposed
development, provided that the City Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design E.2
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and construction, and will otherwise provide greater public benefit, than donating land on site.
viii. No later than the date of approval of the final map, parcel map or other applicable development review application for the residential development, a proposed source of funding for the very low-income units shall be identified.
B. Greater or Lesser Bonuses. The City may choose to grant a Density Bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower Density Bonus than required by this section for a development that does not fully comply with the requirements of this section. The applicant may elect a lesser percentage of density increase than what is provided in this section.
C. Density Bonus Calculations. The calculation of a Density Bonus in compliance with this section that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a Density Bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
D. Requirements for Amendments or Discretionary Approval. The granting of a Density Bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
E. Location of Bonus Units. The developer may locate Density Bonus Units in the housing project in other than the areas where the units for the lower-income households are located.
17.34.050 - Density Bonus for Affordable Housing on the Site of a Commercial Development
A. An applicant seeking City approval of a commercial development that has entered into an agreement for partnered housing where at least 30 percent of the total units are dedicated to low-income households or at least 15 percent of the total units are dedicated to very-low income are eligible for a density bonus, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:
1. Up to a 20-percent increase in maximum allowable intensity in the General Plan.
2. Up to a 20-percent increase in maximum allowable floor area ratio.
3. Up to a 20-percent increase in maximum height requirements.
4. Up to a 20-percent reduction in minimum parking requirements.
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5. Use of a limited-use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
B. The agreement between the commercial developer and the housing developer shall identify how the commercial developer will contribute affordable housing and the timeline for construction. The agreement between the commercial developer and the housing developer shall be approved by the City.
C. Nothing in this Section shall preclude a housing developer from seeking a Density Bonus under Section 17.34.040 (Allowed Density Bonuses). If the housing developer of the affordable units does not commence with construction of the affordable units as outlined in the agreement between the commercial developer and the housing developer, the City may withhold certificates of occupancy for the commercial development under construction until the housing developer has completed construction of the affordable units.
17.34.060 - Allowed Incentives or Concessions
A. Applicant Request and City Approval.
1. An applicant for a Density Bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions listed in subsection D of this section (Type of incentives) that the applicant requests in compliance with this section. The applicant may file a request either before filing a final application for City approval of a proposed project or concurrently with a final application for project approval. A preliminary application submitted pursuant to Section 17.34.100, or a final application if a preliminary application is not submitted, shall include any incentives, concessions, waivers, or parking reductions requested pursuant to this section.
2. Incentive or concession requests that comply with this section shall be granted unless either of the following findings is made, in writing, and based upon substantial evidence:
a. The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 9.26.070(B) (Unit cost requirements); or
b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the E.2
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development unaffordable to low- and moderate-income
households.
B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.
1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a development meeting the criteria of Section
17.34.030(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter.
2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section 17.34.030(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. The proposal must identify the specific waiver(s), concession(s), or incentive(s) sought and demonstrate that the request satisfies the requirements of Government Code Section 65915(e).
3. Nothing in this subsection shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or upon any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law..
C. Number of Incentives. The applicant shall receive the following number of incentives or concessions:
1. One Incentive or Concession. One incentive or concession for a project that includes any of the following: at least ten percent (10%) of the total units for lower-income households, at least five percent (5%) for very low- income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.
2. Two (2) Incentives or Concessions. Two (2) incentives or concessions for a project that includes any of the following: at least seventeen percent (17%) of the total units for lower-income households, at least ten percent (10%) for very low-income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.
3. Three (3) Incentives or Concessions. Three (3) incentives or concessions for a project that includes any of the following: at least twenty-four percent (24%) of the total units for lower-income households, at least fifteen percent (15%) for very low-income households, or at least thirty percent E.2
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(30%) for persons and families of moderate income in a common interest development.
4. Four (4) Incentives or Concessions. Four (4) incentives or concessions for projects where one hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
a. If the housing development described in this subsection (C)(4) is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or 33 feet. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
Table 17.34-5 Incentives or Concessions Summary
Target Group Target Units
Very Low-Income 5% 10% 15% 100%(1)(2)
Lower-Income 10% 17% 24% 100%(1)(2)
Moderate Income 10% 20% 30% --
Maximum
Incentive/Concession
1 2 3 4
(1) Projects in this category may include moderate-income units that comprise up to 20% of the development.
(2) Projects in this category, within one-half (1/2) mile of a major transit stop, shall also receive a height increase of up to three (3) additional stories, or 33 feet.
D. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:
1. A reduction in the site development standards of the Hollister Municipal Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also Section 17.34.070 Parking Requirements in Density Bonus Projects), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance E.2
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with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs and/or rents;
2. Approval of mixed-use land uses not otherwise allowed by the City’s development and zoning ordinances, in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located;
3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs and/or rents; and/or
4. In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
E. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
F. Exceptions. Notwithstanding the provisions of this Chapter, nothing in this section shall be interpreted to require the City to:
1. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
3. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would be contrary to state or federal law.
17.34.070 - Parking Requirements in Density Bonus Projects.
A. Applicability. This section applies to a development that meets the requirements of Section 17.34.030 (Eligibility for bonus, incentives, or concessions) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.34.060 (Allowed incentives or concessions).
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B. Number of Parking Spaces Required.
1. At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 17.34.030 (Eligibility for bonus, incentives, or concessions), inclusive of handicapped and guest parking:
a. Zero (0) to one bedroom: One on-site parking space.
b. Two (2) to three (3) bedrooms: One and one-half (1-1/2) on-site parking spaces.
c. Four (4) and more bedrooms: Two and one-half (2-1/2) on-site parking spaces.
2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
Table 17.34–6: Parking Requirements For a Density Bonus Project
Unit Type Required Off-Street Parking
Studio 1 Parking Space
1 Bedroom 1 Parking Space
2 Bedrooms 1.5 Parking Spaces
3 Bedrooms 1.5 Parking Spaces
4+ Bedrooms 2.5 Parking Spaces
C. Adjustments to Parking Requirements.
1. If the development includes at least twenty percent (20%) low-income units or at least eleven percent (11%) very lower-income units, and the development is located within one-half mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the parking ratio, inclusive of handicapped and guest parking, shall not exceed one-half (1/2) spaces per unit.
2. At the request of the applicant, if the development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, no vehicular parking standards will apply:
a. If the development is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.
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b. If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.
c. If the development is either a special needs housing development, as defined in Health and Safety Code Section 51312, or a supportive housing development, as defined in Health and Safety Code Section 50675.14, and the development has either
paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.
D. Location of Parking. For purposes of this section, a development may provide on- site parking through uncovered parking, but not through on-street parking.
E. Religious Institution Affiliated Housing Development Projects. The requirements of Government Code section 65913.6 shall apply to any “religious institution affiliated housing development project,” as defined, that proposes to eliminate parking as part of the housing development project. Except as specifically required by Government Code section 65913.6, all other applicable provisions of this Section 17.34.070 and this Chapter 17.34 shall apply to the proposed housing development project.
17.34.80 - Bonus and Incentives for Developments with Child Care Facilities.
A. Housing Developments. A housing development that complies with the resident and project size requirements of Sections 17.34.030(A) and (D), and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.
1. Additional Bonus and Incentives. The City shall grant a housing development that includes a child care facility in compliance with this section either of the following:
a. An additional Density Bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or
b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
2. Requirements to Qualify for Additional Bonus and Incentives.
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a. The City shall require, as a condition of approving the housing development, that:
i. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Density Bonus Units are required to remain affordable in compliance with Section 17.34.140(Continued Affordability and Availability); and
ii. Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower- income households, or families of moderate income in
compliance with Section 17.34.030(A) (Resident
requirements).
b. The City shall not be required to provide a Density Bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.
B. Commercial and Industrial Developments. A developer of a commercial or industrial development project, containing at least fifty thousand (50,000) square feet of floor area, may be granted a Density Bonus when that developer agrees to set aside at least two thousand (2,000) square feet of interior floor area and three thousand (3,000) square feet of outdoor space to be used for a child care facility, other than a large or small family day care home, in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
1. Allowable Density Bonuses. The allowable Density Bonus may be one of the following:
a. A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or
b. A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facility located in a new child care facility.
2. Requirements to qualify for the additional Density Bonus shall include all of the following.
a. For purposes of calculating the allowable Density Bonus under this subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable State child care licensing requirements shall be considered.
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b. The child care facility shall be of a sufficient size to comply with all applicable State licensing requirements in order to accommodate at least forty (40) children.
c. This facility may be located either on the project site or may be located off site as agreed upon by the developer and the City.
d. If the child care facility is not located on the site of the development project, the City shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this section.
e. The granting of a Density Bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
17.34.090 - Location and Type of Designated Units
A. Target units shall be constructed concurrently with non-restricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 17.34.120 (Density Bonus Housing Agreement).
B. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, row house, and multifamily target units shall be located so as not to create a geographic concentration of target units within the residential development.
C. Target units shall have the same proportion of dwelling unit types as the market- rate dwelling units in the residential development.
D. The quality of exterior design and overall quality of construction of the target units shall be consistent with the exterior design and quality of construction of the market rate units.
E. The target units shall be the same as the unit type of the market rate units within the development.
F. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the dwelling unit or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their dwelling units.
G. The residential development shall comply with all requirements of the Building Code, Fire Code, Housing Code and all other requirements related to the safety of the project.
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17.34.100 - Density Bonus Application
Applications for a Density Bonus shall include:
A. Application Form. The project Applicant shall submit an application on a form prescribed by the City, with all the information listed on the form as part of the request for a Density Bonus.
B. Site Plan. A tentative map and/or site plan, drawn to scale, showing the number and location of all residential units, location and square footage of any commercial space, the location of the target units, and the layout of each unit (for single family, duplex and townhouse developments.
C. Design of Project. The Applicant shall submit floor plans and elevations for each unit type, drawn to scale, and noting all colors, materials and exterior design features.
D. Proposed sales price, financing, terms, rental rates or other factors which will make the target units affordable.
E. Construction schedule or phasing including the timing of the construction of the target units.
F. Land Donation. If a Density Bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.
G. Mixed Use Development. If the Density Bonus request includes a request for a mixed-use development (where mixed-use is not permitted or conditionally permitted by the zoning district in which the property is located), the square footage of the commercial development shall be noted on the site plan.
H. Child Care Facility. If the Density Bonus or incentive/concession is based on the provision of a childcare facility, a written summary addressing all the eligibility requirements in Government Code Section 65915(g) can be met. An application for a Site and Architectural Review to ensure that the facility will be constructed shall be submitted with an application for a Density Bonus.
I. Condominium Conversion. If the Density Bonus or incentive/concession is based on the provision of target units as part of a condominium conversion, a written summary addressing the eligibility requirements as described in Government Code Section 65915(h) have been met.
J. Student Housing Development. The Applicant shall provide evidence that the Applicant has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this E.2
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subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
K. Incentives/Concession. If an incentive/concession is requested, above the waiver of lot size granted by this Chapter, the Applicant shall submit the following:
1. The number of incentives/concessions the applicant is eligible for pursuant to State Density Bonus Law.
2. A list of all Development Standards the Applicant is requesting be waived as part of the incentives/concessions for the project.
3. A list of all of the regulatory standards the Applicant is requesting be waived as part of the incentives/concessions for the project.
4. A written description of how the incentive will result in actual cost reductions.
17.34.110 - Review of Density Bonus Application
A. An Application for a Density Bonus shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be ministerially approved or denied pursuant to the findings required by this Chapter. Any decision regarding a Density Bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed in accordance with the requirements of Section 17.24.140 (Appeals) of the Zoning Ordinance.
B. An Application for a Density Bonus shall be approved pursuant to the State Density Bonus Law if the following findings can be made, in addition to the required findings of other permits as part of the project.
1. The residential development meets the requirements of this Article.
2. The proposed project provides the required number of Target Units for the proposed affordability type as listed in Section 17.34.030 (Eligibility for Bonus, Incentives, or Concessions).
3. The Applicant is requesting concessions or incentives for which the project is eligible under Section 17.34.060 (Allowed Incentives or Concessions).
C. An application for a Density Bonus may be denied if the following findings are made:
1. The residential development, as proposed, does not meet the requirements of this Article.
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2. The concession or incentive does not result in identifiable and actual cost reductions to provide affordable housing.
3. A concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate- income households.
4. The concession or incentive would be contrary to state or federal law.
5. The proposed project does not meet the number of Target Units for the affordability type as listed in Section 17.34.030 (Eligibility for Bonus, Incentives, or Concessions).
6. The Applicant is requesting concessions or incentives in an amount greater than the number of incentives or concessions for which the project is eligible under Section 17.34.060 (Allowed Incentives or Concessions).
D. For projects that include land donation, the findings listed in Section
17.34.040(A)(8)(c)(2) shall also be made.
17.34.120 - Density Bonus Housing Agreement.
A. Agreement Required. An applicant requesting a Density Bonus shall agree to enter into a Density Bonus Agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement.
B. Agreement Provisions.
1. Project Information. The agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of target units;
b. A description of the household income group to be accommodated by the housing development;
c. Standards for determining affordable rent or affordable ownership cost for the target units;
d. Provisions to ensure affordability in accordance with this Chapter;
e. The location, unit size in square feet, and number of bedrooms of target units;
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f. Duration of the use restrictions for target dwelling units of the time periods required by Section 17.34.140 (Continued Affordability and Availability);
g. A schedule for completion and occupancy of the target units;
h. A description of the additional incentives and concessions being provided by the City;
i. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and
j. Other provisions to ensure successful implementation and compliance with this chapter.
2. Minimum Requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the target units at the appraised value;
b. The deeds to the target units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests in the units without prior written notice to the City;
c. The City shall have the authority to enter into other agreements with the developer, or purchasers of the target units, to ensure that the required target units are continuously occupied by eligible households;
d. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
e. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including reasonable attorney’s fees; and
f. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
3. For-Sale Housing Conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions E.2
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governing the initial sale and use of target units during the applicable restriction period:
a. Target units shall be owner-occupied by eligible households, or by qualified residents;
b. The initial purchaser of each target unit shall execute an instrument or agreement which:
i. Restricts the sale of the unit in compliance with this Article, or other applicable City policy or ordinance, during the applicable use restriction period;
ii. Contains a provision requiring the purchaser to occupy their unit as their principal residence;
iii. Provides a marketing plan for the sale of target units;
iv. Contains provisions as the City may require ensuring continued compliance with this Chapter and State Law; and
v. Shall be recorded against the parcel containing the target unit.
c. The agreement shall include an equity sharing provision, as required by Government Code section 65915(c).
4. Rental Housing Conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of target units during the applicable restriction period:
a. The tenant qualifications, affordable rent category(ies), and target units for qualified tenants;
b. Provisions requiring owners to maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the City demonstrating compliance with this chapter; and
d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.34.140 (Continued Affordability and Availability).
C. Execution of Agreement.
1. Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels E.2
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designated for the construction of target units, at the County Recorder’s Office.
2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the target units.
3. The agreement shall be binding on all future owners, developers, and/or successors-in-interest.
17.34.130 - Deed Restriction
A. Residential Units for Rent. Prior to the issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, which shall run with the land which contains the following:
1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;
2. A prohibition against renting or leasing any units for a period of less than thirty (30) days;
3. A description of the affordability requirements of the residential housing development pursuant to the Density Bonus and Density Bonus Housing Agreement;
4. The number of years the property is subject to affordability as required by the Density Bonus Housing Agreement; and
5. A notation that the property is subject to a Density Bonus and the requirements of a Density Bonus Housing Agreement.
B. Residential Units for Sale. Prior to the issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, for each lot of a target unit which is for sale in the development, which shall run with the land which contains the following:
1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;
2. A prohibition against renting or leasing the units for a period of less than thirty (30) days;
3. The owner is required to occupy their unit as their principal residence;
4. The restriction on the sale of the target unit to only another household that meets the affordability requirements of the target unit for a period of time required by Section 65915 of the Government Code; and
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5. A notation that the property is subject to a Density Bonus and the requirements of a Density Bonus Housing Agreement.
17.34.140 - Continued Affordability and Availability
The units that qualified the housing development for a Density Bonus and other incentives and concessions shall continue to be available as target units in compliance with the following requirements, as required by Government Code Section 65915(c).
See also Section 17.34.150(Control of Resale).
A. Duration of Affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the units that qualified the housing development for a Density Bonus and other incentives and concessions, as follows:
1. Lower- and Very Low-Income Units. The continued affordability of all lower- and very-low-income qualifying units shall be maintained for fifty- five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.
2. Moderate-Income Units in Common Interest Development. The continued availability of moderate-income units in a common interest development shall be maintained for a minimum of thirty (30) years, or a longer time if required by City policy or ordinance.
B. Unit Cost Requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a Density Bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:
1. Rental Units. Rents for the lower-income Density Bonus Units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. a. For housing developments specified in Section 17.34.030(A)(7), rents for all units in the development, including both base density and Density Bonus Units, shall be as follows:
i. The rent for at least twenty percent (20%) of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code Section 50053.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
2. Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
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17.34.150 - Control of Resale
To maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply.
A. Limits on Resale Price. The price received by the seller of a target unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering a target housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.
B. Units to be Offered to the City. Home ownership target units constructed, offered for sale, or sold under the requirements of this section shall be offered to the City or its assignee for a period of at least ninety (90) days from the date the notice of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Home ownership target units shall be sold and resold from the date of the original sale only to households determined to be eligible for target units in compliance with this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.
C. Declaration of Restrictions. The owners of any target unit shall attach and legally reference in the grant deed conveying title of the unit a declaration of restrictions stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.
D. City to Monitor Resale of Units. The City may monitor the resale of ownership target units. The City or its designee shall have a ninety (90) day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action.
17.34.160 - Judicial Relief
A. Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested Density Bonus, incentive, or concession.
SECTION 2. Application Fee. The City Council of the City of Hollister hereby adopts an Application Fee related to Density Bonus Applications in the amount of $5,227.00.
SECTION 3. 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 E.2
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provisions, sections, paragraphs, sentences, or word of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 5. 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 21st day of February, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of February, 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. 1230 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 21st day of February, 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 February, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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TITLE 17 - ZONING
CHAPTER 17.04 - RESIDENTIAL ZONING DISTRICTS
ARTICLE II. DENSITY BONUS
Hollister, California, Code of Ordinances Created: 2022-06-14 12:38:04 [EST] (Supp. No. 5)
ARTICLE II. DENSITY BONUS
17.04.070 Purpose and definitions.
A. Purpose. In accordance with Sections 65915, 65915.5 and 65917 of the California Government Code, the purpose of this Article is to provide density bonuses, incentives, or concessions for the production of housing for very-low, lower, and moderate-income households, senior households, and for the provision of day care centers and donations of land. In enacting this Article, it is also the intent of the City to implement the goals, objectives, and policies of the City's General Plan Housing Element and to establish a City density bonus for the provision of affordable senior housing.
B. Definitions. The following definitions shall apply to this Article:
Affordable ownership cost means a reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, mortgage insurance, property taxes and property assessments, homeowner's insurance, homeowner's association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: (1) 30 percent of 50 percent of area median income for very-low income households; (2) 30 percent of 70 percent of area median income for lower-income households; and (3) 30 percent of 120 percent of area median income for moderate-income households. Area median income shall be adjusted for assumed household size based on unit size as follows: one person in a studio dwelling unit; two persons in a one- bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; and six persons in a five-bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable ownership cost.
Affordable rent means monthly rent, including a reasonable allowance for garbage collection, water, electricity, gas, and other heating, cooking, and refrigeration fuels, and all mandatory fees charged for use of the property, which does not exceed: (1) 30 percent of 50 percent of area median income for very-low income households; or (2) 30 percent of 60 percent of area median income for lower-income households. Area median income shall be adjusted for assumed household size based on dwelling unit size as follows: one person in a studio dwelling unit; two persons in a one-bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; six persons in a five- bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable rent.
Area median income means the annual median income for San Benito County, adjusted for household size, as published periodically in Title 25, Section 6932, California Code of Regulations, or its successor provision, or as established by the city of Hollister in the event that such median income figures are no longer published periodically in the California Code of Regulations.
Concessions means such regulatory concessions as defined in Section 17.04.280 (Development Incentives or Concessions) of this Article.
Day care center means a facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a 24-hour basis, including infant centers, preschools, extended day care facilities, adult day care and elderly day care facilities. Day care center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.
Density bonus means an increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the land use element of the Hollister General Plan in accordance with State law and this Article. This definition has the same meaning as "Density Bonus" defined in Section 65915 of the California Government Code.
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Created: 2022-06-14 12:38:03 [EST]
(Supp. No. 5)
Density bonus program guidelines means guidelines adopted by resolution of the City that outline the criteria and procedures for implementing density bonuses or other regulations.
Density bonus units means those residential dwelling units approved pursuant to this Article, which exceed the otherwise allowable maximum allowable residential density for the development site.
Development standard means a site or construction condition that applies to a residential development pursuant to any ordinance, General Plan Element, Specific Plan, or other City condition, law, policy, resolution, or regulation. A "site and construction condition" is a development regulation or law that specifies the physical development of a site and buildings on the site in a residential development.
First approval means the first of the following approvals to occur with respect to a residential development:
Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit.
Incentives means such regulatory incentives as defined in Section 17.04.280 (Development Incentives or Concessions) of this Article.
Lower-income households means households whose income does not exceed the low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
Maximum allowable residential density means the maximum number of dwelling units permitted in a residential project by the City's zoning ordinance and by the land use element of the General Plan on the date that the application for the residential project is deemed complete, excluding any density bonus. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the General Plan density shall prevail.
Moderate-income households means households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
Non-restricted units means all dwelling units within a residential development except the target units.
Qualifying residents means persons eligible to reside in senior housing as defined in California Civil Code Section 51.3.
Residential development means any project requiring any Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit, for which a development review application has been submitted to the City, and which would create five or more additional dwelling units by construction or alteration of structures.
Senior housing Type 1 means a senior citizen housing development of 35 dwelling units or more as defined in California Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for older persons pursuant to California Civil Code Section 798.76 or 799.5. This definition pertains to the density bonus allowed for senior housing dwelling units allowed in accordance with the State Density Bonus provisions.
Senior housing Type 2 means a residential development of five dwelling units or more designed for residency by qualifying residents in accordance with California Civil Code Section 51.3 and in which a minimum of 35 percent of the dwelling units are provided at an affordable housing cost as required in Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2). This definition applies to the density bonus allowed for senior housing dwelling units in accordance with the city of Hollister Density Bonus provisions.
Target unit means a dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to: very-low, lower, or moderate-income E.2.a
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Created: 2022-06-14 12:38:03 [EST]
(Supp. No. 5)
households, or is a dwelling unit in a senior housing development, and which qualifies the residential development for a density bonus and other incentives or concessions pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) of this Article.
Very-low income households means households whose income does not exceed the very-low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
(Ord. 1071, § 9, 2011)
17.04.080 State density bonuses for construction of affordable and senior housing.
A. Basic Density Bonus in Accordance with State Law (Very-Low and Lower-Income Units). A residential development is eligible for a 20 percent density bonus if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct at least one of the following:
1. Ten percent of the total dwelling units of the residential development as dwelling units affordable to lower-income households; or
2. Five percent of the total dwelling units of the residential development as dwelling units affordable to very-low income households.
B. Basic Density Bonus in Accordance with State Law (Moderate-Income Ownership Units). A residential development is eligible for a five percent density bonus if it includes at least five dwelling units, is a common interest development as defined in Civil Code Section 1351, all the dwelling units in the development are offered to the public for purchase, and the applicant seeks a density bonus and agrees to construct ten percent of the total dwelling units as ownership units affordable to moderate-income households.
C. Basic Density Bonus in Accordance with State Law (Senior Housing Type 1). A senior housing Type 1 development is eligible for a 20 percent density bonus if it includes at least 35 dwelling units, and the applicant seeks a density bonus. Senior housing Type 1 developments are not required under State law to be affordable to very-low, lower, or moderate-income households to be eligible for this bonus.
D. Additional Density Bonus in Accordance with State Law. The density bonus to which the applicant is entitled shall increase if the percentage of affordable housing units exceeds the base percentage established in subsections A or B above, as follows:
1. Very-Low Income Units. For each one percent increase above five percent in the percentage of dwelling units affordable to very-low income households, the density bonus shall be increased by two and one- half percent up to a maximum of 35 percent.
2. Lower-Income Units. For each one percent increase above ten percent in the percentage of dwelling units affordable to lower-income households, the density bonus shall be increased by one and 1½ percent up to a maximum of 35 percent.
3. Moderate-Income Ownership Units. For each one percent increase above ten percent of the percentage of ownership units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of 35 percent.
E. The requirements of this section and Section 17.04.120 (Incentives or Concessions in Accordance with State Law) are minimum requirements and shall not preclude a residential development from providing additional affordable dwelling units or affordable dwelling units with lower rents or sales prices than required by these sections.
(Ord. 1071, § 9, 2011)
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(Supp. No. 5)
17.04.100 Calculation of density bonus.
A. When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.
B. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.
C. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing). Regardless of the number of target units, no residential development may be entitled to a total density bonus of more than 35 percent except senior housing Type 2 pursuant to Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2).
D. Each residential development is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very-low income target units, lower-income target units, or moderate- income ownership target units, or the project's status as either a senior housing Type 1 or 2 development.
Density bonuses from more than one category may not be combined, except that bonuses for land dedication pursuant to Section 17.04.140 (State Density Bonus for Land Donation) may be combined with bonuses granted pursuant to this subsection, up to a maximum of 35 percent, and an additional square footage bonus for day care centers may be granted as described in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).
(Ord. 1071, § 9, 2011)
17.04.120 Incentives or concessions in accordance with State law.
A residential development is eligible for incentives and concessions as defined in Section 17.04.280 (Development Incentives or Concessions) if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct affordable dwelling units as follows:
A. Very-Low Income Units. A residential development is entitled to one incentive or concession for a project that includes at least five percent of the dwelling units for very-low income households; two incentives or concessions for a project that includes at least ten percent of the dwelling units for very-low income households; and three incentives or concessions for a project that includes at least 15 percent of the dwelling units for very-low income households.
B. Lower-Income Units. A residential development is entitled to one incentive or concession if it includes at least ten percent of the dwelling units for lower-income households; two incentives or concessions if it includes at least 20 percent of the dwelling units for lower-income households; and three incentives or concessions if it includes at least 30 percent of the dwelling units for lower-income households.
C. Moderate-Income Ownership Units. A residential development with ownership units affordable to moderate- income households is entitled to one incentive or concession for a project that includes at least ten percent of the ownership units for moderate-income households; two incentives or concessions for a project that includes at least 20 percent of the ownership units for moderate-income households; and three incentives or concessions for a project that includes at least 30 percent of the ownership units for moderate-income households.
(Ord. 1071, § 9, 2011)
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17.04.140 State density bonus for land donation.
A. When an applicant for a residential development seeks a density bonus for the donation and transfer of land for the development of units affordable to very-low income households, as provided for in this Section
17.04.140, the residential development shall be eligible for a 15 percent density bonus above the otherwise maximum allowable residential density in accordance with State law. For each one percent increase above the minimum ten percent land donation described in subsection (B)(2) of this section, the maximum density bonus shall be increased by one percent up to a maximum of 35 percent. This increase shall be in addition to any increase in density allowed by Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing), up to a maximum combined density bonus of 35 percent if an applicant seeks both the density bonus authorized by this Section 17.04.140 and the density bonus authorized by Section 17.04.080.
When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number. This density bonus applies only when land is donated for the construction of very-low income housing.
B. The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development:
1. The applicant will donate and transfer the land no later than the date of approval of the Final Map, Parcel Map, or applicable development review application for the residential development.
2. The developable acreage and regulations of the applicable zoning district of the land to be transferred will permit construction of dwelling units affordable to very-low income households in an amount not less than ten percent of the total number of residential dwelling units in the proposed development, or will permit construction of a greater percentage of dwelling units if proposed by the developer to qualify for a density bonus of more than 15 percent.
3. The transferred land is at least one acre in size or is large enough to permit development of at least 40 dwelling units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very-low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure.
4. No later than the date of approval of the Final Map, Parcel Map, or other applicable development review application for the residential development, the transferred land will have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very-low income dwelling units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the dwelling units within a reasonable time.
5. The transferred land and the very-low income units constructed on the land will be subject to a recorded Density Bonus Housing Agreement ensuring continued affordability of the dwelling units consistent with Section 17.04.240 (Affordability and Occupancy Standards), which restriction shall be filed for recordation by the City Planner with the San Benito County Recorder's Office on the property at the time of dedication.
6. The land will be transferred to the City, Hollister Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very-low income units and to require that the land be transferred to that developer.
7. The transferred land is within the site boundaries of the proposed residential development. The transferred land may be located within one-quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off-site donation E.2.a
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will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on site.
(Ord. 1071, § 9, 2011)
17.04.160 State density bonus or incentive or concession for day care centers.
A residential project that contains a child care facility as defined by Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirement set forth in that section. (Ord. 1071 § 9, 2011)
17.04.180 State density bonus for condominium conversions.
A. Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.
B. Also see Chapter 16.17 "Conversion of Multifamily Rental Units" of Title 16, Subdivisions, of the Hollister Municipal Code.
(Ord. 107, § 9, 2011)
17.04.200 City density bonus for affordable senior housing Type 2.
A. A residential development may be considered for a density bonus under this subsection if:
1. The applicant seeks a density bonus and the residential development consists entirely of senior housing Type 2;
2. At least 35 percent of the dwelling units are affordable housing units. For the purposes of this subsection, "affordable housing units" include dwelling units available at an affordable rent or affordable ownership cost to lower-income and very-low income households. A minimum of 60 percent of such affordable housing units shall be available at an affordable rent or affordable ownership cost to very-low income senior households, and 40 percent of such affordable housing units shall be available at an affordable rent or affordable ownership cost to lower-income senior households. However, a greater percentage of very-low income senior housing units may be provided in lieu of some or all of the lower-income senior housing units on a dwelling unit for dwelling unit basis; and
3. The density bonus shall be equal to 20 percent, in addition to the 20 percent density bonus permitted by Section 17.04.080(C), for a total maximum density bonus of 40 percent.
B. A Conditional Use Permit shall be required for a density bonus granted pursuant to this subsection. The approval body shall find that the residential development conforms with the property development regulations of the applicable zoning district or has received a Planned Unit Development permit; is compatible with neighboring development; has adequate open space, on-site amenities, and services for the intended residents; is within reasonable walking distance of neighborhood services; and has adequate available infrastructure to accommodate the proposed density.
C. Any density bonus granted under this section that is greater than the bonus that the project is eligible for under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) shall be considered an incentive or concession as described in Section 17.04.280 (Development Incentives or E.2.a
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Concessions). Any affordable housing units that qualify a project for a density bonus under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) may not also be used to qualify a project for a density bonus under this section.
D. At its discretion, the City Council may grant up to two incentives or concessions for senior housing Type 2 that is eligible for a density bonus under this subsection. (Ord. 1071, § 9, 2011)
17.04.220 Summary tables.
The following tables (Table 17.04-7), (Table 17.04-8), (Table 17.04-9), and (Table 17.04-10) summarize the available density bonuses, incentives, and concessions pursuant to State and City Density Bonus Law.
Table 17.04-7 Density Bonus Summary
Target Units or Category
Minimum %
Target
Units(a)
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Target Units
% of Target
Units
Required for
Maximum
Bonus
Pursuant to State Density Bonus Law: A State density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35%, and an additional square foot bonus may be granted for a day care center.
Very-low income 5% 20% 2.5% 11%
Lower-income 10% 20% 1.5% 20%
Moderate-income (ownership units
only)
10% 5% 1% 40%
Senior housing Type 1 (35 dwelling
units or more or senior mobile
home park; no affordable units
required)
100% senior 20% — —
Land donation for very-low income
housing
10% of
market-rate
units
15% 1% 30%
Condominium conversion—
moderate-income
33% 25%(b) — —
Condominium conversion—lower-
income
15% 25%(b) — —
Day care center — Sq. ft. in day
care center(b)
— —
Pursuant to City Density Bonus
Senior housing Type 2 100% senior;
35%
affordable
20%
additional(c)
— 100% senior;
35%
affordable(c)
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Notes:
(a) Only the project's base density is considered when determining the percentage of target units. See Section 17.04.100 (Calculation of density bonus).
(b) Or an incentive of equal value, at the City's option. (c) Senior housing Type 2 projects with at least 35% low and very-low income units are eligible for an additional 20% bonus, for a total of 40%, upon granting of a Conditional Use Permit. See Section 17.04.200.
Table 17.04-8 Example of Use of Density Bonuses for a 100-Dwelling Unit Project Number (%) of Affordable
Units in the Category
Density Bonus Granted (%)
Additional
Density
Bonus Units
Granted
Total Dwelling
Units
in the
Development
Very-Low Income Units (for Sale or Rent)
0—4 (less than 5%) 0% (requires minimum 5%
very-low income)
0 100
5 (5%) 20% 20 120
8 (8%) 27.5% (20% + (3 x 2.5%)) 28 (round up) 128
11 (11%) 35% (20% + (6 x 2.5%)) 35 135
More than 11% 35% (maximum possible) 35 135
Lower Income Units (for Sale or Rent)
0—9 (less than 10%) 0% (requires minimum 10%
lower income)
0 100
10 (10%) 20% 20 120
15 (15%) 27.5% (20% + (5 x 1.5%)) 28 (round up) 128
20 (20%) 35% (20% + (10 x 1.5%)) 35 135
More than 20% 35% (maximum possible) 35 135
Moderate Income Units (for Sale)
0—9 (less than 10%) 0% (requires minimum 10%
lower income)
0 100
(10) 10% 5% 5 105
20 (20%) 15% (5% + (10 x 1%)) 15 115
40 (40%) 35% (5% + (30 x 1%)) 35 135
More than 40% 35% (maximum possible) 35 135
Table 17.04-9 State Density Bonus Incentives and Concessions Summary Target Units or Category % of Target Units
Pursuant to State Density Bonus
Very-low income 5% 10% 15%
Lower-income 10% 20% 30%
Moderate-income (ownership units only) 10% 20% 30%
Condominium conversion—33% moderate-income (e)
Condominium conversion—25% lower-income (e)
Day care center (e)
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Maximum Incentive(s)/Concession(s)(a)(b)(c)(d) 1 2 3
Notes:
(a) A concession or incentive may be requested only if an application is also made for a density bonus. (b) Concessions or incentives may be selected from only one category (very low, lower, or moderate). (c) No concessions or incentives are available for land donation. (d) No concessions or incentives are available for Type 1 senior housing without affordable units except the parking incentive listed in Section
17.04.280(C)(7).
(e) Condominium conversions and day care centers may have one concession or a density bonus at the City's option, but not both.
Table 17.04-10 City Density Bonus Incentives and Concessions Summary Target Units or Category Maximum Incentives/Concessions Senior housing Type 2 (at least 35% affordable) 2(a)
Note:
(a) At the discretion of City Council.
(Ord. 1071, § 9, 2011)
17.04.240 Affordability and occupancy standards.
A. The City Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this section. The documents may include, but are not limited to, Density Bonus Housing Agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, options to purchase, or other documents, which shall be recorded against all target units and prepared at the applicant's expense.
B. Target units offered for rent to lower-income and very-low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years, except that senior housing Type 2 target units offered for rent shall remain restricted and affordable to the designated income group for a minimum period of 55 years. A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
C. Target units offered for sale to very-low, lower, or moderate-income households shall be sold at an affordable ownership cost. Senior housing Type 2 target units offered for sale shall remain restricted and affordable to the designated income group for a minimum period of 45 years. Target units offered for sale to lower-income and very-low income households shall remain restricted affordable to the designated income group for a term of at least 30 years. Target units offered for sale to moderate-income households shall remain restricted and affordable to moderate-income households for a term of at least 45 years consistent with the provisions of Health and Safety Code Section 33413(c). A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
D. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.
E. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit. The City Council, by resolution, shall establish E.2.a
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guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
F. The City Council by resolution may establish fees for projects requesting density bonuses and incentives or concessions and for the on-going administration and monitoring of the target units and day care centers, which fees may be updated periodically, as required.
G. All promissory note repayments, shared appreciation payments, or other payments collected under this Article shall be deposited in a designated account to be used for the provision and maintenance of affordable housing.
H. Any person who is a member of the City Council or the Planning Commission, and their immediate family members, or any person having any equity interest in the residential development, including, but not limited to, a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The City Council, by resolution, may establish guidelines for determination of "immediate family members."
(Ord. 1071, § 9, 2011)
17.04.260 Development standards.
A. Target units shall be constructed concurrently with non-restricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 17.04.340 (Density Bonus Housing Agreement).
B. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, row house, and multifamily target units shall be located so as not to create a geographic concentration of target units within the residential development.
C. Target units shall have the same proportion of dwelling unit types as the market-rate dwelling units in the residential development.
D. The quality of exterior design and overall quality of construction of the target units shall meet all site, design, and construction standards included in Chapter 17.04 (Residential Zoning Districts), Sections 17.08.030 (Mixed Use Development Standards), 17.08.040 (Mixed Use Supplemental Standards), 17.08.060 (West Gateway Supplemental Standards), and 17.14.020 (Residential Performance Overlay Zoning District) of the Hollister Municipal Code including, but not limited to, compliance with all design guidelines included in applicable specific plans or otherwise adopted by the City Council.
E. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the target unit or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their dwelling units. (Ord. 1071, § 9, 2011)
17.04.280 Development incentives or concessions.
A. One to three incentives or concessions may be requested for eligible residential developments pursuant to Section 17.04.120 (Incentives or Concessions in Accordance with State Law).
B. For purposes of this Article, a concession or incentive includes any of the following:
1. A reduction of development standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission E.2.a
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pursuant to Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City;
2. Allowing mixed use development in conjunction with the proposed residential development, if nonresidential land uses will reduce the cost of the residential project and the nonresidential land uses are compatible with the residential project and existing or planned surrounding development; and
3. Other regulatory incentives which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City.
C. Concessions Not Requiring Financial Pro Forma from Applicant. The following concessions and incentives are determined by the City to result in identifiable, financially sufficient, and actual cost reductions to residential development, and no financial pro forma needs to be submitted by the applicant:
1. Up to 15 percent deviation from the minimum yard requirement, with each deviation counting as one concession;
2. Up to 15 percent reduction in the usable open space requirement or maximum lot coverage requirement;
3. Up to 15 percent reduction in lot dimensions;
4. Up to 15 percent increase in maximum building height;
5. Up to 15 percent reduction in minimum distance between buildings;
6. Up to 15 percent reduction in landscaping area requirements;
7. An off-street vehicular parking standard, inclusive of handicapped and guest parking, that does not exceed the following:
a. Zero to one bedroom: one on-site parking space,
b. Two to three bedrooms: two on-site parking spaces,17.04.280 c. Four and more bedrooms: two and one-half parking spaces, d. If the total number of parking spaces required for the residential development is other than a whole number, the number shall be rounded up to the next whole number, e. The residential development may provide the required parking through on-site tandem parking or uncovered parking, but not through on-street parking;
8. Waiver of any fees imposed pursuant to Section 17.04.240 (Affordability and Occupancy Standards) or Section 17.04.300 (Application Requirements);
9. Approval of mixed use buildings or developments in conjunction with the residential development, if nonresidential land uses will reduce the cost of the residential development, and if the City finds that the proposed nonresidential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located;
10. Deferral until occupancy of development impact fees (including, but not limited to, park fees, fire fees, sanitary sewer trunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impact fees); and
11. Density bonus for senior housing Type 2 pursuant to Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2) that is in excess of the density bonus that the project is entitled to under Section 17.04.080 (State Density Bonuses for Affordable and Senior Housing).
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D. Concessions Requiring Financial Pro Forma from Applicant. When requested by the applicant, the following concessions and incentives shall require the applicant to demonstrate to the City Council that the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions to the project:
1. A reduction of development regulations standards or a modification of Zoning Code requirements that exceed or those listed in subsection C;
2. Reduced parking space dimensions, driveway width, parking aisle width, garage and carport dimension, location of parking spaces within required yards, or reduced bicycle parking requirements;
3. Reductions in architectural design standards; and
4. All other regulatory incentives or concessions.
E. An applicant may seek a waiver of any development standards that will physically preclude the construction of a residential development with the requested density bonus, incentives, and concessions permitted by this Article. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the residential development with the density bonus and incentives.
F. Nothing in this Article requires the City to grant direct financial incentives for the residential development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
(Ord. 1071, § 9, 2011)
17.04.300 Application requirements.
Applications for a density bonus shall include:
A. A Density Bonus Housing Plan, showing any density bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to this Article, shall be submitted as part of the first approval of any residential development. The Density Bonus Housing Plan shall specify, at the same level of detail as the application for the residential development: the number, dwelling unit type, level of affordability, tenure, number of bedrooms and baths, approximate location, size, and design, construction and completion schedule of all target units, number and location of all density bonus units, phasing of target units in relation to nonrestricted units, and marketing plan. The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the target units. The Density Bonus Housing Plan shall specify a financing mechanism for the on-going administration and monitoring of the target units.
B. A description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards.
C. For all incentives and concessions except those listed in Section 17.04.280(C), the applicant shall provide a pro forma to the City demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma data submitted in support of a request for a concession or incentive including, but not limited to, the cost to the City of hiring a consultant to review the pro form, shall be borne by the applicant. The pro-forma shall be reviewed by a third party as selected by the City and paid for by the applicant unless the City Planner waives the requirement for such a review.
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D. For waivers or modifications of development standards, the application shall demonstrate that the development standards will have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this Article.
E. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section
17.04.140 (State Density Bonus with Land Donation) can be made.
F. If a density bonus or concession is requested for a day care center, the application shall show the location and square footage of the day care center and provide evidence that the findings included in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers) can be made.
G. If a mixed-use building or development is proposed, the application shall provide evidence that the finding included in Section 17.04.280(B)(2) can be made. (Ord. 1071, § 9, 2011)
17.04.320 Review of application.
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Article shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be approved, approved with conditions, or denied pursuant to the findings required by this Article. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council in accordance with the requirements of Section
17.24.140 (Appeals). In accordance with State law, neither the granting of an incentive, concession, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan Amendment, Zoning Code Amendment or Rezone, Variance, or other Discretionary Review Application approval.
B. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
1. The application is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this Article; and includes a financing mechanism for all implementation and monitoring costs.
2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section
17.04.300 (Application Requirements).
3. If the density bonus is based all or in part on donation of land, the approval body has made the findings included in Section 17.04.140 (State Density Bonus with Land Donation).
4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a day care center, the approval body has made the finding included in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).
5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 17.04.280(B)(2) (Development Incentives or Concessions).
6. If a waiver or modification of development standards is requested, the developer has shown that the development standards to be waived will have the effect of physically precluding the construction of the residential development at the densities or with the incentives or concession permitted by this Article.
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C. If the required findings can be made, and a request for an incentive or concession is otherwise consistent with this Article, the approval body may deny an incentive or concession only if it makes a written finding, based upon substantial evidence, of either of the following:
1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs; or
2. The incentive or concession would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-, very-low and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or
3. The incentive or concession would be contrary to State or Federal law.
D. If the required findings can be made, and a request for a waiver or modification is otherwise consistent with this Article, the approval body may deny the requested waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-, very-low, and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or
2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or
3. The waiver or modification would be contrary to State or Federal law.
E. If a density bonus or concession is based on the provision of day care centers, and if the required findings can be made, the approval body may deny the bonus or concession only if it finds, based on substantial evidence, that the City already has adequate day care centers.
F. A request for a minor modification of an approved Density Bonus Housing Plan may be granted by the City Manager or designee if the modification is substantially in compliance with the original Density Bonus Housing Plan and conditions of approval. Other modifications to the Density Bonus Housing Plan shall be processed in the same manner as the original plan.
(Ord. 1071, § 9, 2011)
17.04.340 Density Bonus Housing Agreement.
A. Following the first approval of a residential development, the City shall prepare a Density Bonus Housing Agreement providing for implementation of the Density Bonus Housing Plan and conditions of approval and consistent with the provisions of this Article and any density bonus program guidelines adopted by City Council resolution.
B. Prior to the approval of any Final or Parcel Map or issuance of any building permit for a residential development subject to this Article, the Density Bonus Housing Agreement shall be executed by the City and E.2.a
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the applicant, and the Density Bonus Housing Agreement shall be recorded against the entire residential development property to ensure that the Agreement will be enforceable upon any successor in interest. The Density Bonus Housing Agreement shall run with the land, and bind future owners and successors in interest as required to ensure compliance with the provisions of this Article. (Ord. 1071, § 9, 2011)
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TITLE 7. PLANNING AND LAND USE [65000 -66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 -66301] ( Heading of Division 1 added by Stats. 1974, Ch . 1536.) I Search I CD
CHAPTER 4.3. Density Bonuses and Other Incentives [65915 -65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) 659 15. (a) (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section. (2) A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p ).
(3) In order to provide for the expeditious processing of a density bonus application, the local government shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus application. (B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.
(C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943.
(D) (i) If the local government notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:
(I) The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, or waivers or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and https ://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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parking ratios awarded pursuant to this section based on any changes to the project during the course of development.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described i n subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following :
(A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code . (B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, "development" includes a shared housing building development.
(D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025 .9 of the Education Code, disabled veterans , as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S .C. Sec. 11301 et seq .). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
(I) All units in the student housing development will be used ex clusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges .
In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master l ease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions . An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development . (II) The applicable 20-percent units will be used for lower income students . (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (IV) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness . A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years . (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079 .5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and https ://leginfo .legislature .ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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Safety Code. For purposes of this subparagraph, "development" includes a shared housing building development.
(2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). (c) (1) (A) An applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code . (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:
(I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
(2) (A) An applicant shall agree to ensure, and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions:
(i) The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement. (ii) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402 .1 of the Revenue and Taxation Code and that includes all of the following :
(I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. (II) An equity sharing agreement .
(III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052 .5 of the Health and Safety Code.
(B) For purposes of this paragraph, a "qualified nonprofit housing corporation" is a nonprofit housing corporation organized pursuant to Section 50l(c)(3) of the Internal Revenue Code that has received a welfare ex emption under Section 214.15 of the Revenue and Taxation Code for properties i ntended to be sold to low- income families who participate in a special no-interest loan program. (C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or la w or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
(i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation .
(ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership .
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(iii) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance . If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iv) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.
(v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the local government. (3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(B) For the purposes of this paragraph, "replace" shall mean either of the following :
(i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data frorn-"""'.....,....,""""-----''-----, https://leginfo.legislature .ca .gov/faces/codes_ displayText.xhtml?lawCode=GOV &division= 1.&title= 7 .&part=&chapter-4 .3 .&article=
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States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years . If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government's valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following:
(i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction's rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance, these units shall not be subject to a recorded affordability restriction .
(D) For purposes of this paragraph, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the un its being replaced . (E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant's application was submitted to, or processed by, a city, county, or city and county before January 1, 2015 .
(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following :
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052 .5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale . (B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale . (C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale. (D) Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
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(E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.
(3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the r _efusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. ( 4) The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive .
(e) (1) In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section . Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
(3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards . (f) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Low-Income Units
10 11
12 13
14 15
Percentage Density Bonus
20 21.5
23 24.5
26 27.5
I
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16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42 .5
23 46.25
24 50
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus 5 6
7 8
9 10
11 12
13 14
15 20
22 .5
25 27.5
30 32 .5
35 38.75
42 .5
46.25 50
(3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units . (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.
(C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units . (D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households .
(ii) If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any ma x imum controls on density. (iii) If the housing development is located in a very low vehicle tra v el area within a designated county, the city, county, or city and county shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38 .75
42 42 .5
43 46.25
44 so
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g) ( 1) When an appl icant for a tentative subdivision map, parcel map , or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the othe r wise ma x imum allowable residential density for the entire development, as follows :
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Percentage Very Low Income Percentage Density Bonus
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
(E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be rec ,--_____ ....._ _ _,, https://leg info. legislature .ca .gov/faces/codes_ display Text.xhtml?lawCode=GOV &division= 1.&title=7 .&part=&chapter=4.3.&article= 9/19
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the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (h) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision ( c).
(B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(4) "Childcare facility," as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers.
(i) "Housing development," as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units . For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(j) (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law . (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive means any of the following :
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(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052 .5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (I) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code . (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply:
(1) "Designated county" includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura.
(2) "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (3) "Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
( 4) "Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432. 7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. (5) "Major transit stop" has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(6) "Maximum allowable residential density" or "base density" means the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance ;.;is;;._ ____ ......, ____ inconsistent with the density allowed under the land use element of the general plan or specific plan, th https://leginfo.legislature .ca .gov/faces/codes_ display Text.xhtml?lawCode=GOV&division= 1.&title=7 .&part=&chapter=4.3 .&article= 11/19
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shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
(7) (A) (i) "Shared housing building" means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. (B) "Shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section .
(8) (A) "Total units" or "total dwelling units" means a calculation of the number of units that:
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus .
(ii) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.
(B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities. (9) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
(p) (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one on site parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. https ://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1 .&title=7.&part=&chapter=4 .3.&article=
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(2) (A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds
0.5 spaces per bedroom.
(B) For purposes of this subdivision, "unobstructed access to the major transit stop" means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
(3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets any of the following criteria:
(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
(B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location. (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). https://leginfo . legislature .ca.gov/faces/codes_ displayText.xhtml?lawCode=GOV &division= 1.&title= 7 .&part=&chapter=4.3.&article= 13/19
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(q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. (s) Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f). (t) When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).
(u) (1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy.
(2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (Amended by Stats. 2022, Ch . 653, Sec. 1 .5 . (AB 2334) Effective January 1, 2023.) 65915 .1. For purposes of Section 65915, affordable housing impact fees, including inclusionary zoning fees and in- lieu fees, shall not be imposed on a housing development's affordable units . (Added by Stats. 2021, Ch. 346, Sec. 1. (AB 571) Effective January 1, 2022.) 659 15 .2 . If permitted by local ordinance, nothing in Section 65915 shall be construed to prohibit a city, county, or city and county from requiring an affordability period longer than 55 years for any units that qualified the applicant for the award of the density bonus developed in compliance with a local ordinance that requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households and that will be financed without low-income housing tax credits.
(Added by Stats. 2021, Ch . 348, Sec. 1 . (AB 634) Effective January 1, 2022.) 659 15.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion . https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1 .&title=7 .&part=&chapter=4 .3.&article=
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(c) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval.
(d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.
(e) Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915.
(g) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application , have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity 's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, and either of the following applies:
(1) The proposed condominium project, inclusive of the units replaced pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, contains affordable units at the percentages set forth in subdivision (a). (2) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(h) Subdivision (g) does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by, a city, county, or city and county before January 1, 2015 . (Amended by Stats. 2014, Ch . 682, Sec. 2 . (AB 2222) Effective January 1, 2015.) 659 15,7. (a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that is all of the following:
(1) Within the boundaries of the local government.
(2) In close proximity to public amenities including schools and employment centers . (3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code .
(b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following :
(1) Up to a 20-percent increase in maximum allowable intensity in the General Plan . (2) Up to a 20-percent increase in maximum allowable floor area ratio. (3) Up to a 20-percent increase in maximum height requirements. ( 4) Up to a 20-percent reduction in minimum parking requirements. (5) Use of a limited-use/limited-application elevator for upper floor accessibility. https ://leginfo. legislature.ca .gov/faces/codes_ displayText.xhtml ?lawCode=GOV &division= 1.&title=7 .&part=&chapter=4.3 .&article= 15/19
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( 6) An exception to a zoning ordinance or other land use regulation. (c) For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and sha l l be approved by the city, county, or city and county.
(d) For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:
(1) The commercial developer may directly build the units. (2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
(3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project . (e) For purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply. (f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation.
(g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
(h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. (i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915. (j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
(k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements .
(I) For purposes of this section, "partner" means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties.
(m) This section shall remain in effect only until January 1, 2028, and as of that date is repealed . (Added by Stats. 2022, Ch . 637, Sec. 1 . (AB 1551) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
659 16. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low-and moderate-income units for 30 years .
When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section .
(Added by Stats. 197 9, Ch. 1207.)
65 917 • In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter.
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(Amended by Stats. 2001 , Ch . 115, Sec. 14. Effective January 1, 2002 .) 65917.2. (a) As used in this s ection, the following terms shall have the following meanings :
(1) "Eligible housing development" means a development that satisfies all of the following criteria :
(A) The development is a multifamily housing development that contains five or more residential units, exclusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter. (B) The development is located within one of the following :
(i) An urban infill site that is within a transit priority area. (ii) One-half mile of a major t r ansit stop .
(C) The site of the development is zoned to allow residential use or mixed -use with a minimum planned density of at least 20 dwelling units per acre and does not include any land zoned for low density residential use or for ex clusive nonresidential use.
(D) The applicant and the development satisfy the replacement requirements specified in subdivision (c) of Section 65915 .
(E) The development includes at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than 50 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code, and subject to an affordability restriction for a minimum of 55 years. (F) The development complies with the height requirements applicable to the underlying zone . A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation. (2) "Floor area ratio" means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, "gross building area" means the sum of all finished areas of all floors of a building included within the outside faces of its ex terior walls.
(3) "Floor area ratio bonus" means an allowance for an eligible housing development to utilize a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county, calculated pursuant to paragraph (2) of subdivision (b). (4) "Major transit stop " has the same meaning as defined in Section 21155 of the Public Resources Code . (5) "Transit priority area " has the same meaning as defined in Section 21099 of the Public Resources Code. (b) (1) A city council, including a charter city council or the board of supervisors of a city and county, or county board of supervisors may establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided in paragraph (2), in lieu of a density bonus awarded on the basis of dwelling units per acre . (2) In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential floor area in square feet shall be the product of all of the following amounts:
(A) The allowable residential base density in dwelling units per acre . (B) The site area in square feet, divided by 43,560 .
(C) 2,250.
(c) The city council or county board of supervisors shall not impose any parking requirement on an eligible_,...h;..;.o;;..u;;;.;s;;..;.i.;..;.n...__ ........ __ __ development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a hou https ://leginfo.legislature.ca .gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1 .&title=7 .&part=&chapter=4 .3.&article= 17/19
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income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.
(d) A city or county that adopts a floor area ratio bonus ordinance pursuant to this section shall allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis.
(e) In the case of an eligible housing development that is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan of the city or county applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section . (f) An applicant for a floor area ratio bonus pursuant to this section may also submit to the city, county, or city and county a proposal for specific incentives or concessions pursuant to subdivision (d) of Section 65915. (g) (1) This section shall not be interpreted to do either of the following:
(A) Supersede or preempt any other section within this chapter. (B) Prohibit a city, county, or city and county from providing a floor area ratio bonus under terms that are different from those set forth in this section .
(2) The adoption of an ordinance pursuant to this section shall not be interpreted to relieve a city, county, or city and county from complying with Section 65915.
(Added by Stats. 201 8, Ch. 915, Sec. 1. (AB 2372) Effe ctive January 1, 2 019 .) 65917.5. (a) As used in this section, the following terms shall have the following meanings :
(1) "Child care facility" means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing r equirements for the facility. (2) "Density bonus " means a floor area ratio bonus over the otherwise ma x imum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures.
(B) A ma x imum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures .
For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility.
(3) "Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make an application for development approvals for the development or redevelopment of a commercial or industrial project.
( 4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council , city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the e xterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements .
(b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additional square footage.
Projects constructed under this section shall conform to he ight, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to constru https ://leginfo.legislature .ca .gov/faces/codes_displayText.xhtml?lawCode=GOV&d ivision=1.&title=7 .&part=&chapter=4 .3.&article=
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1 /20/23, 3:06 PM Codes Display Text
zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the intent of this section . The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus . (d) If the developer uses space allocated for child care facility purposes , in accordance with subdivision (b), for purposes other than for a child care facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space . If the developer fails to have the space allocated for the child care facility within three years , from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council , city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council , including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. A penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer's percentage square feet participation . Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors , or county board of supervisors into a special account to be used for child care services or child care facilities. ( e) Once the child care facility has been established , prior to the closure, change in use, or reduction in the phys ical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 5499 7 , and 54998 by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section.
(g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative. (Amended by Stats. 2008, Ch . 179, Sec. 112. Effective January 1, 2009.) 659 18. The provisions of this chapter shall apply to charter cities. (Added by Stats. 197 9, Ch . 1207.)
https ://leginfo .legislature .ca .gov/faces/codes_ displayText.xhtml?lawCode=GOV&division= 1.&title=7 .&part=&chapter=4 .3.&article= 19/19
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PLANNING COMMISSION RESOLUTION NO. 2023-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING
CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL ARTICLE II, DENSITY BONUS, OF CHAPTER 17.04, RESIDENTIAL ZONING DISTRICTS, AND REPLACE WITH CHAPTER 17.34, DENSITY BONUS AND THE ADOPTION OF AN APPLICATION FEE FOR DENSITY BONUS REQUESTS (ZOA 2023-2)
WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and
WHEREAS, following the adoption of Article II, Density Bonus, the Governor signed several Bills into law which limits how cities can regulate and review Density Bonus requests; and
WHEREAS, these regulations are included in Government Code Section 65915; and
WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code Section 65915; and
WHEREAS, the City desires to repeal the existing Article II, Density Bonus of Chapter
17.04, Residential Zoning Districts, which is inconsistent with State Law and replace with Chapter
17.34, Density Bonus; and
WHEREAS, the Planning Commission discussed changes in State Law and the necessary modifications to the City’s existing Density Bonus Ordinance during a Study Session on August 4, 2022; and
WHEREAS, currently there is no Application Fee associated with an application request for a Density Bonus and the City desires to establish a Fee for these types of projects; and
WHEREAS, an Application Fee of $5,227.00 is comparable to the amount of time Staff spends on this Application type; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2022 to review the new Chapter 17.34, Density Bonus and the proposed Application Fee for Density Bonus Applications during which all interested parties were heard; and
WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending approval of a Zoning Ordinance Amendment to repeal Article II, Density Bonus and replace with Chapter 17.34, Density Bonus and the adoption of a new Fee; and
WHEREAS, the draft Chapter 17.34, Density Bonus, is included as Exhibit A to this Resolution; and
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PC Resolution 2023-2
ZOA 2023-2 / Density Bonus
WHEREAS, 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 development 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); and
NOW THEREFORE IT IS RESOLVED, that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the amendment to the Zoning Ordinance to repeal Article II, Density Bonus, of Chapter 17.04, Residential Zoning Districts and include Chapter 17.34, Density Bonus, included as Exhibit A and recommends that the City Council adopt an Application Fee of $5,227.00.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 26th day of January 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Adrianna Ortiz, Secretary
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 14, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017
TITLE OF ITEM: ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY OF HOLLISTER, AMENDING CHAPTER 10.10 RECREATIONAL VEHICLES AND
BOATS, OF THE HOLLISTER MUNICIPAL CODE, RELATING TO USE AND
STORAGE OF RECREATIONAL VEHICLES
DESCRIPTION: Introduction of an amendment to Section 10.10 of the Hollister Municipal Code (“Recreational Vehicles and Boats”), allowing recreational vehicle and/or boat storage on private driveways and providing a permitting process for temporary street parking.
RECOMMENDATION: Staff recommends the City Council read by title only, waive full reading and introduce Ordinance No. 1228 entitled, “ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY OF HOLLISTER, AMENDING CHAPTER 10.10
RECREATIONAL VEHICLES AND BOATS, OF THE HOLLISTER MUNICIPAL CODE, RELATING TO USE AND STORAGE OF RECREATIONAL VEHICLES” and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council Meeting.
DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints of improperly situated or illegally parked recreational vehicles, trailers, boats, motor homes, and utility trailers within front driveways and city streets. Numerous complaints have also been received of individuals utilizing recreational vehicles for housing purposes.
The Hollister Police Department provided a report to City Council and received direction to amend the current ordinance, allowing for storage of recreational vehicles within the front driveway of a residence, under certain conditions. Direction was also provided to remove the existing 14-day allowance for driveway parking and replace it with a permit system for loading and unloading of recreational vehicles, when done in preparation for and when returning from trips.
The ordinance will increase safety in the City of Hollister (City) by preventing large recreational vehicles from being stored on the street in a way that create hazardous conditions and impede the proper flow of traffic. The ordinance will also serve to mitigate current issues associated with long-term storage of large vehicles in residential areas.
The City conducted a public online survey to gauge public sentiment of recreational vehicle parking within driveways and public streets. The report, based on the results of the survey, is attached with this item. Additionally, the report is categorized into responses from recreational vehicle owners and non-owners. The responses unique to recreational vehicle owners and non-owners are also attached to this item.
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Staff has removed the following requirements for the previously proposed ordinance: 1) that recreational vehicles and/or boats must have covers, 2) that recreational vehicles and/or boats must be parked parallel with the front driveway, when applicable, and 3) that the maximum number of permits per year shall be limited to ten (10).
Staff has also amended the ordinance to allow for a maximum of fifteen (15) permits to be issued within a calendar year for temporary street parking of a recreational vehicle and/or boat.
On the February 6th council meeting, council provided instruction to lower the fines to $35 for the first offense, $70 for the second offense, and $140 for the third offense. This ordinance presented reflects those changes. However, staff recommends this ordinance to be approved with the previous stated amounts of $250, $500, $750 as previously stated.
There are several concerns with the latest modification requested for the lowering of the fine amounts in the RV ordinance.
Chief Reynoso expressed his concern during the February 6th, 2023 meeting on the need to keep the fines consistent. Chief Reynoso recommends that the council does not approve these low fines and keep them at what they were before. For some time, the Police Department’s goal has been to streamline the administrative citation process. One of the ways the department has accomplished this is by adjusting the fine amounts for several ordinances to have standard fines of $250 for the first offense, $500 for the second offense, $750 for the third offense, and $1,000 for the fourth offense. The administrative citation books details some of the most common violations and it has the fines listed on them. The officer just has to circle the fine that is appropriate for the violation. Having different fines for different ordinances complicates matters, leads to mistakes, confusion, and can lead to possible inaction when the officer is not sure what amount to charge.
By reducing the fines to such a low amount, the following problems are created:
• It creates a situation where RV owners will not be deterred by a citation because the citation amount is less than or comparable to the cost of storing the RV. Section
10.10.040 (B) states an RV cannot be cited again for the same offense within 15 days.
Under this circumstance, a resident could be cited at the max amount of $140 and since they can only be cited twice in a month, the result will be fines that are less than the storage fees.
• Having a fine in place is not meant as a source of revenue for the City, it is meant as a deterrent. Staff anticipates that a considerable amount of residents will self-regulate themselves and others when the fine is significant. An increased percentage of residents would follow the ordinance and request a permit when faced with the possibility of a $250 fine. A $35 fine does not serve as a deterrent and could lead to residents who are currently adhering to the local ordinance cancelling their contracts with RV storage companies and parking their RVs on the street.
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• Lowering the fines to such levels also increases the demands on our limited staff. If the fine is lowered to $35, it would result in more people violating the ordinance and there will be more staff time dedicated to responding to reports of the violations. There will be an increase of repeat offenders.
• Some of the current parking citation amounts for overtime parking downtown are listed as $35-$38. However, those are currently in the process of being increased because they have been deemed as too low.
Chief Reynoso recommends council pass the ordinance and keep the fines the unchanged. Lowering the fines to $35 will be less than the staff time dedicated to issuing and processing the citations.
Staff recommends the City Council introduce, waive further reading, read by title only, and schedule to adopt on second reading with fines at the original amounts on March 6, 2023
FINANCIAL IMPACT: $0, potential nominal increase of revenue due to fines.
CEQA: N/A
ATTACHMENTS:
1. 2022 RV Ordinance Survey Results-All Responses
2. 2022 RV Ordinance Survey Results-RV Owners
3. 2022 RV Ordinance Survey Results-Non RV Owners
4. Hollister Code Fee Schedule R 2013-140
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1228
AN ORDINANCE OF THE CITY OF HOLLISTER, AMENDING CHAPTER 10.10
RECREATIONAL VEHICLES AND BOATS, OF THE HOLLISTER MUNICIPAL CODE,
RELATING TO USE AND STORAGE OF RECREATIONAL VEHICLES
WHEREAS, the public interest will be best served by having a clear and concise understanding of the Recreational Vehicle (RV) rules and regulations of Hollister; and
WHEREAS, safe, readily accessible, and unimpeded public streets ensure residents’ and the public’s safety in transportation and parking; and
WHEREAS, the City is experiencing increased occurrences of hazardous obstructions caused by recreational vehicles unlawfully parked and encroaching upon the public right-of-way; and
WHEREAS, the City Council acknowledges there is a current shortage of long-term storage for recreational vehicles; and
WHEREAS, conditions of peril to the safety of persons and property have arisen within the City in general and particularly as to those who are living in RVs; and
WHEREAS, recreational vehicles are a blight or nuisance when stored in a deleterious manner; and
WHEREAS, the City Council directed the Police Department to recommend amendments to the current ordinance, allowing driveway parking under certain conditions and creating a permit program allowing for street parking or driveway parking in limited durations during times when owners are preparing for trips; and
WHEREAS, the City Council has reviewed the Police Department’s recommendations and desires the amendments be made to the current ordinance to facilitate the compromise between recreational vehicle owners and the larger public who can be affected by the use of recreational vehicles on public streets and visible in private driveways; and
WHEREAS, the City Council finds that the proposed changes are in the best health, safety, and welfare interests of the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. Section 10.10.010 (“Definitions”) of Chapter 10.10 (“Recreational Vehicles and Boats”), of Title 10 (“Vehicles and Traffic”) of the Hollister Municipal Code shall be amended to add the following within the definition of a recreational vehicle:
11. Watercraft. A boat or other vessel that travels on water, including but not limited to, boats, jet skis, wave runners, or any other similar personal watercraft or vessel.
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12. All-Terrain Vehicles. A recreational vehicle designed for or capable of travel over rough ground, including but not limited to, 4-wheelers, 3- wheelers, ATVs, dune buggies, and other similar type vehicles.
SECTION 2. Section 10.10.010 (“Definitions”) of Chapter 10.10 (“Recreational Vehicles and Boats”), of Title 10 (“Vehicles and Traffic”) of the Hollister Municipal Code shall be amended to add the following to the definition of a trailer as a recreational vehicle:
Trailer. A vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle and which has a wheelbase in excess of four feet. For purposes of this chapter, a trailer shall also include, but not be limited to, a boat trailer and utility trailer or any other such similar apparatus.
SECTION 3. Section 10.10.020 (“Public right-of-way – Parking and storage of recreational vehicles prohibited.”) of Chapter 10.10 (“Recreational Vehicles and Boats”), of Title 10 (“Vehicles and Traffic”) of the Hollister Municipal Code shall be amended to read:
Subject to Section 10.10.030, subdivision (F), no person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any recreational vehicle or boat upon any public right-of-way. No habitation or occupancy of the recreational vehicle or boat shall be allowed at any time that the recreational vehicle or boat is located on the public right-of-way except when a person is actively loading or unloading the recreational vehicle or boat.
SECTION 4. Section 10.10.030 (“Private property – Parking and storage of recreational vehicles prohibited.”) of Chapter 10.10 (“Recreational Vehicles and Boats”), of Title 10 (“Vehicles and Traffic”) of the Hollister Municipal Code shall be amended to read:
10.10.030 - Private property—Parking and storage of recreational vehicles prohibited.
A. Nothing in this section shall prohibit the parking or storage of a recreational vehicle or boat on any private property in a garage or structure that fully encloses the recreational vehicle or boat. For purposes of this section, "fully encloses" means that the garage or structure provides coverage of the recreational vehicle or boat on all four sides so that no part of the recreational vehicle or boat can be seen outside of the garage or structure.
B. The recreational vehicle or boat shall not be used for human habitation or occupancy at any time that it is located on private property as permitted herein.
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C. Except as provided herein, no person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any boat or recreational vehicle on private property.
D. Rear or Side Yard Storage: One recreational vehicle and one boat may be parked, stored, left, kept, or maintained at a single-family residence if the recreational vehicle and/or boat comply with the following conditions:
1. The recreational vehicle and/or boat are each 30 feet or less in length, less than 12 feet in height, and less than 8 feet in width;
2. The recreational vehicle and/or boat are located in the legally permitted rear yard or the legally permitted side yard pursuant to Chapter 17 of the Hollister Municipal Code;
3. If the recreational vehicle and/or boat is less than 8 feet in height, it must be located at least 18 inches from any property line, at least 5 feet from any building used for human occupancy and at least 5 feet from any building overhang attached to a building used for human occupancy; and
4. If the recreational vehicle or boat is more than 8 feet but less than 12 feet in height, it must be located at least 5 feet from any property line, at least 5 feet from any building used for human occupancy and at least 5 feet from any building overhang attached to a building used for human occupancy.
E. Storage on Residential Driveway: Only one recreational vehicle or boat may be parked, stored, left, kept, or maintained in the front driveway of a single-family residence if the recreational vehicle and/or the boat each comply with the following conditions:
1. The recreational vehicle and/or boat cannot be properly stored pursuant to the requirements of section 10.10.030, subdivision (D).
2. When stored, the recreational vehicle and/or boat shall be positioned to provide a minimum setback of 3 feet from adjoining properties and 3 feet from any inhabited structure, including a garage. The recreational vehicle and/or boat shall not be stored in a manner that blocks secondary exits or encroaches upon the public right-of-way.
3. The recreational vehicle and/or boat shall be stored on the residence’s primary driveway or on a properly permitted and approved pad that is in compliance with applicable rain runoff standards.
4. As stored, the recreational vehicle and/or boat shall not exceed a height of 12 feet.
5. The recreational vehicle and/or boat shall have a valid and current DMV registration, corresponding to a current resident of the property where the recreational vehicle and/or boat is being stored, and the recreational vehicle and/or boat shall not be in a Planned Nonoperation Filing (PNO) status.
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6. The recreational vehicle and/or boat must be operable and shall not be stored in a dismantled state, or with severe damage.
7. The recreational vehicle and/or boat shall not be stored with open slide outs, it shall not be connected to power or water, and it shall not be inhabited at any time unless it is being actively cleaned, repaired, loaded or unloaded.
F. Parking Permits: Registered owners of recreational vehicles and/or boats that do not fit under the guidelines for storage within the rear, side or front of a residence, as allowed within this chapter, may apply for a permit, allowing them to temporarily store their recreational vehicle and/or boat in their driveway or the public roadway in front of their residence, if allowable, for 72-hours. A permit shall only be allowable for owners who are preparing for a trip or who are unloading, cleaning or repairing a recreational vehicle and/or boat after a trip. Issued permits shall be subject to the following conditions:
1. The recreational vehicle and/or boat may be parked in the driveway temporarily without the required setbacks in section 10.10.030, subdivision (E)(3), provided the recreational vehicle and/or boat does not encroach upon the public right-of- way (e.g., sidewalk).
2. The recreational vehicle and/or boat shall not be parked on a public street if it creates a hazardous condition.
3. The recreational vehicle and/or boat shall not be stored in a manner where any portion of the vehicle or boat encroaches into the public right-of-way or, if parked within the roadway, encroaches further than reasonably necessary into the public right-of-way.
4. Permits can be obtained on the city website or from the Police Department or Code Enforcement. Permits will be issued to the current address to which the recreational vehicle and/or boat is registered. Permits should be requested a minimum of 10 days prior to the dates for which the permit is needed.
5. Issuance of permits shall be limited to 4 permits per month and a maximum of 15 permits during the 12-month period preceding the most recent permit request.
6. Permits shall be conspicuously posted on the recreational vehicle and/or boat in a manner that reasonably insures visibility.
7. A recreational vehicle and/or boat parked on the roadway shall have traffic cones of no less than 12 inches in height placed on the roadway, within 5 inches from the front and rear corners of the recreational vehicle and/or boat that protrude furthest into the roadway.
8. At no time, shall there be electrical extension cords, or any other connection placed across the sidewalk or other public areas.
9. Any violation of these conditions shall result in the revocation of the permit and/or a citation for violation of section 10.10.040 of the Hollister Municipal Code.
SECTION 4. Section 10.10.040 (“Violations”) shall be added to Chapter 10.10 (“Recreational Vehicles and Boats”), of Title 10 (“Vehicles and Traffic”) of the Hollister Municipal Code to read:
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A. Violations of Section 10.10.030, or any subdivision of this chapter, shall be assessed an administrative citation pursuant to Chapter 1.18 of the Hollister Municipal Code and shall be in an amount consistent with Section 1.18.040.
B. Owners issued an administrative citation pursuant to this section shall have fifteen (15) days from the date of citation in which to comply with the requirements of this chapter. During such fifteen (15) day period, owners shall not be cited for a subsequent violation unless such violation occurs fifteen (15) days after the prior citation.
INTRODUCED at a regular City Council meeting on the 21st day of February, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of February, 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. 1228 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 21st day of February, 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 February, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Recreational Vehicle Ordinance Survey
J anuary 4, 2023
City of Hollister
All Responses (480 Responses)
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Recreational Vehicle Ordinance Survey
Are you a resident of Hollister?
480 Responses
Yes No
Yes99%473 No1%7
Do you own an Recreational Vehicle (motor home, boat, toy hauler, trailer, or utility trailer)?
480 Responses
Yes No
Yes54%
261
No46%
219
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• • • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (including motor homes, boats, toy haulers, trailers, or utility trailers) being stored on the street or in driveways are a problem in Hollister?
480 Responses
No Yes
No56%
270
Yes44%
210
Currently, city ordinances only allow Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) to be stored in the rear or side yard of a home, behind a fence and only if they t under certain conditions. Do you think the city should allow RVs parked on the front driveway of a home?
480 Responses
Yes No
Yes66%
315
No34%
165
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• • • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) should be allowed to be parked and stored on city streets?
480 Responses
No Yes
No77%
371
Yes23%
109
Do you think the excuse that Recreational Vehicles owners cannot nd an acceptable, convenient or safe place to store a Recreational Vehicles is a reasonable excuse and concessions should be made under those conditions?
480 Responses
Yes No
Yes55%
265
No45%
215
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• • • •
Recreational Vehicle Ordinance Survey
Do you support a limited permit program (72 hours) be adopted by the city where it would allow Recreational Vehicle owners to park their Motor Homes or Boats on the street in front of their home or in their driveway for the purpose of loading or unloading their vehicles before and after their trips?
480 Responses
Yes No
Yes58%
279
No42%
201
If you support a permit program that will temporarily allow Recreational Vehicles (Motor Homes, Boats) to be parked for 72 hours before and after a trip, do you believe there should be a limit on how many permits they can obtain in a 12 month period? 279 Responses- 201 Empty
No Yes
No52%
146
Yes48%
133
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• • • •
Recreational Vehicle Ordinance Survey
J anuary 4, 2023
City of Hollister
Self Identi ed RV Owners (261 Responses)
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Recreational Vehicle Ordinance Survey
Are you a resident of Hollister?
261 Responses
Yes No
Yes98%257 No2%4
Do you own an Recreational Vehicle (motor home, boat, toy hauler, trailer, or utility trailer)?
261 Responses
Yes
Yes100%261
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• • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (including motor homes, boats, toy haulers, trailers, or utility trailers) being stored on the street or in driveways are a problem in Hollister?
261 Responses
No Yes
No74%
194
Yes26%
67 Currently, city ordinances only allow Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) to be stored in the rear or side yard of a home, behind a fence and only if they t under certain conditions. Do you think the city should allow RVs parked on the front driveway of a home?
261 Responses
Yes No
Yes80%
210
No20%
51 F.1.b
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• • • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) should be allowed to be parked and stored on city streets?
261 Responses
No Yes
No69%
179
Yes31%
82 Do you think the excuse that Recreational Vehicles owners cannot nd an acceptable, convenient or safe place to store a Recreational Vehicles is a reasonable excuse and concessions should be made under those conditions?
261 Responses
Yes No
Yes74%
194
No26%
67 F.1.b
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• • • •
Recreational Vehicle Ordinance Survey
Do you support a limited permit program (72 hours) be adopted by the city where it would allow Recreational Vehicle owners to park their Motor Homes or Boats on the street in front of their home or in their driveway for the purpose of loading or unloading their vehicles before and after their trips?
261 Responses
No Yes
No51%
134
Yes49%
127
If you support a permit program that will temporarily allow Recreational Vehicles (Motor Homes, Boats) to be parked for 72 hours before and after a trip, do you believe there should be a limit on how many permits they can obtain in a 12 month period? 127 Responses
No Yes
No69%
87 Yes31%
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• • • •
Recreational Vehicle Ordinance Survey
J anuary 4, 2023
City of Hollister
Self Identi ed Non-RV Owners (219 Responses)
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Recreational Vehicle Ordinance Survey
Are you a resident of Hollister?
219 Responses
Yes No
Yes99%216 No1%3
Do you own an Recreational Vehicle (motor home, boat, toy hauler, trailer, or utility trailer)?
219 Responses
No
No100%219
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• • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (including motor homes, boats, toy haulers, trailers, or utility trailers) being stored on the street or in driveways are a problem in Hollister?
219 Responses
Yes No
Yes65%
143
No35%
76 Currently, city ordinances only allow Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) to be stored in the rear or side yard of a home, behind a fence and only if they t under certain conditions. Do you think the city should allow RVs parked on the front driveway of a home?
219 Responses
No Yes
No52%
114
Yes48%
105
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• • • •
Recreational Vehicle Ordinance Survey
Do you believe Recreational Vehicles (motor homes, boats, toy haulers, trailers, or utility trailers) should be allowed to be parked and stored on city streets?
219 Responses
No Yes
No88%
192
Yes12%
27 Do you think the excuse that Recreational Vehicles owners cannot nd an acceptable, convenient or safe place to store a Recreational Vehicles is a reasonable excuse and concessions should be made under those conditions?
219 Responses
No Yes
No68%
148
Yes32%
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• • • •
Recreational Vehicle Ordinance Survey
Do you support a limited permit program (72 hours) be adopted by the city where it would allow Recreational Vehicle owners to park their Motor Homes or Boats on the street in front of their home or in their driveway for the purpose of loading or unloading their vehicles before and after their trips?
219 Responses
Yes No
Yes69%
152
No31%
67 If you support a permit program that will temporarily allow Recreational Vehicles (Motor Homes, Boats) to be parked for 72 hours before and after a trip, do you believe there should be a limit on how many permits they can obtain in a 12 month period? 152 Responses
Yes No
Yes61%
93 No39%
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• • • •
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RESOLUTION NO. 2013-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING ADMINISTRATIVE CITATION PENAL TIES AND RELATED CHARGES PURSUANT TO CHAPTER 1.18 OF THE HOLLISTER MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 2013-119
WHEREAS, City of Hollister Ordinance 1060, adopted March 1, 2010, added Chapter 1.18 entitled Administrative Citations that establishes and administrative citation procedure to address any violation of the Hollister Municipal Code; and; and WHEREAS, Chapter 1.18 provides that an administrative citation shall include the amount of the penalty for the code violation; and
WHEREAS, Section 1.18.030 provides that the amounts of the penalties for code violations imposed pursuant to Chapter 1.18 shall be set forth in a schedule of penalties established by the city council; and
WHEREAS, Section 1.18.030 also requires the schedule of penalties to include increased penalties for repeat violations of the same code provision within twelve (12) months from the date of a citation and late payment charges for the payment of a penalty after its due date; and
WHEREAS, the City Council has reviewed staff recommendation for the amounts of penalties, increased penalties, and late payment charges.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Hollister Municipal Code 1.18, the City Council of the City of Hollister does hereby adopt the administrative citation penalties as show below:
Administrative Citation Schedule of Penalties
Chapter 1st Violation
5 (Business License) $250
6 (Animals) $100
8.04 (Alarms) $0.00
8.08 (Fireworks) $1000
8.12 (Solid Waste) $250
8.20 (Hazardous Materials) $1000
8.32 (Nuisance) $250
8.33 (Vacant Houses) $250
9.04 (Public Peace and Decency) $250
9.12 (Youth Protection) $250
2 nd Violation*
$500
$200
$100
$1500
$500
$1500
$500
$500
$500
$500
3rd Violation*.
$750
$300
$200
$2000
$750
$2000
$750
$750
$750
$750
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Resolution No. 2013-140
9.14 (Social Host) $500 $750 $1000
10.10 (Boats & Trailers) $250 $500 $750
10.36 (Vehicle Repair) $250 $500 $750
12.32 (Public Places) $250 $500 $750
17 (Zoning) $500 $750 $1000
*Repeat Violations of the same code provision that occur within 12 months form the date of the previous administrative citation .
BE IT FURTHER RESOLVED that Resolution No. 2013-119, is hereby rescinded.
PASSED AND ADOPTED THIS 16th day of September, 2013, by the following vote:
AYES: Council Members Valdivia, Friend, Scattini, Gomez, and Mayor Velazquez.
NOES: None.
ABSENT: None. \
Ignacio Velazquez, Mayor
ATTEST:
/J111,~
Gali Johnson, <tfty Clerk
APPROVED AS TO FORM:
WELLINGTON LAW OFFICES
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 16, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Casey Estorga, Administrative
Services Director
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017
TITLE OF ITEM: RESOLUTION NO. 2023-25, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AMENDING ADMINISTRATIVE CITATION PENALTIES AND RELATED CHARGES PURSUANT TO CHAPTER 1.18 OF THE
HOLLISTER MUNICIPAL CODE
BRIEF DESCRIPTION: Consideration of changes to Municipal Code Section 1.18 regarding administrative citation penalties and related charges related to violation of Hollister Municipal Code Section 10.10. – RECREATIONAL VEHICLES AND BOATS.
RECOMMENDATION: Adopt a resolution amending administrative citation penalties and related charges pursuant to Chapter 1.18 of the Hollister Municipal Code.
DEPARTMENT SUMMARY: As part of the City Council’s consideration of changes to Hollister Municipal Code Section 10.10 related to recreational vehicles, the Council directed staff to bring forward an item setting the administrative citation penalties for violating the ordinance as follows:
$35 for a first offense
$70 for a second offense
$140 for repeat violations of the same code provision occurring within 12 months from the date of the previous administrative citation.
Staff is returning with a resolution to amend the Administrative Citation Penalties and Related Charges pursuant to Chapter 1.18 of the Hollister Municipal Code to reflect Council’s direction. All other penalties included in the Administrative Citation Schedule of Penalties remain unchanged.
FINANCIAL IMPACT: The financial impact of the proposed changes to the administrative citation penalties will depend on the number of citations issued.
CEQA: None
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2023-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING
ADMINISTRATIVE CITATION PENALTIES AND RELATED CHARGES PURSUANT TO CHAPTER 1.18 OF THE HOLLISTER MUNICIPAL CODE
WHEREAS, City of Hollister Ordinance 1060, adopted March 1, 2010, added Chapter 1.18 (“Administrative Citations”) to the Hollister Municipal Code, establishing an administrative citation procedure to address violations of the Hollister Municipal Code; and
WHEREAS, Section 1.18.030 provides that the amounts of the penalties for code violations imposed pursuant to Chapter 1.18 shall be set forth in a schedule of penalties established by the City Council; and
WHEREAS, Section 1.18.030 also requires the schedule of penalties to include increased penalties for repeat violations of the same code provision within twelve (12) months from the date of a citation and late payment charges for the payment of a penalty after it is due; and
WHEREAS, the City Council, pursuant to Hollister Municipal Code Chapter 1.18, adopted administrative citation penalties as listed within Resolution No. 2013-119, on August 19, 2013; and
WHEREAS, the City Council is revising the schedule of penalties to address new provisions within Hollister Municipal Code Chapter 10.10; and
WHEREAS, CHAPTER 10.10. – RECREATIONAL VEHICLES AND BOATS of the Hollister Municipal Code defines recreational vehicles to include the following:
Auxiliary Dolly, Bus, Commercial Coach, Mobilehome, Motor Home, Motor Truck, Semitrailer, Tent Trailer, and Truck Tractor; and
NOW THEREFORE, pursuant to Hollister Municipal Code 1.18, the City Council of the City of Hollister does hereby adopt the revised administrative citation schedule of penalties as listed below:
Administrative Citation Schedule of Penalties
Title 1st Violation 2nd Violation* 3rd Violation*
5 (Business License) $250 $500 $750
6 (Animals) $100 $200 $300
17 (Zoning) $500 $750 $1000
Chapter 1st Violation 2nd Violation* 3rd Violation*
8.04 (Alarms) $0 $100 $200
8.08 (Fireworks) $1000 $1500 $2000
8.12 (Solid Waste) $250 $500 $750
8.20 (Hazardous Materials) $1000 $1500 $2000
8.32 (Nuisance) $250 $500 $750
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8.33 (Vacant Houses) $250 $500 $750
9.14 (Social Host) $500 $750 $1000
10.10 (Recreational Vehicles and
Boats) $35 $70 $140
10.36 (Vehicle Repair) $250 $500 $750
12.32 (Parks and Recreation) $250 $500 $750
* Repeat violations of the same code provision occurring within 12 months from the date of the previous administrative citation.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of February, 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 Resolution No. 2023-25, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 21st day of February, 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 February, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 8, 2023 AGENDA ITEM: Consent Items
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Casey Estorga, Administrative
Services Director
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17
TITLE OF ITEM: RESOLUTION NO. 2023-23, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING STAFF TO SOLICIT SEALED BIDS FOR THE WEST GATEWAY IMPROVEMENT PROJECT, CIP C1816
BRIEF DESCRIPTION: This item will authorize staff to called for sealed bids for the West Gateway Improvement Project, CIP C1816.
RECOMMENDATION: Adopt the resolution authorizing staff to call for sealed bids for the West Gateway Improvement Project, CIP C1816.
DEPARTMENT SUMMARY:
At the August 20th, 2018 City Council meeting, the Council authorized staff to call for sealed bids for the West Gateway Beautification Project, Phase I, CIP C1816.
On June 12, 2019, the city received two bids. The low bid was $3.5 million dollars, which was substantially higher than the Engineer’s estimate of $1.4 million dollars.
At the June 24, 2019 City Council meeting, staff was directed to reject all bids and look at cost saving measures.
Since that time, staff submitted a CDBG Grant application and was successful in a grant award of $3,000,000.00 to complete the project.
The plans are now complete for bidding purposes. The Engineer’s estimate for this project is $3,258,762.00. Once bids are received, staff will come back to council to approve a contract and appropriation.
Staff recommends the City Council authorize staff to call for sealed bids.
FINANCIAL IMPACT: None at this time
CEQA: N/A
ATTACHMENTS:
1. Plans-Hollister W Gateway Improvement Project RAB
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
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Brett Miller, City Manager
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RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING STAFF TO SOLICIT SEALED BIDS FOR THE WEST GATEWAY IMPROVEMENT PROJECT, CIP C1816
WHEREAS, at the August 20th, 2018 City Council meeting, the Council authorized staff to call for sealed bids for the West Gateway Beautification Project, Phase I, CIP C1816; and
WHEREAS, on June 12, 2019, the city received two bids which were substantially higher than the Engineer’s estimate; and
WHEREAS, at the June 24, 2019 City Council meeting, staff was directed to reject all bids and look at cost saving measures; and
WHEREAS, staff submitted a CDBG Grant application and was successful in a grant award of $3,000,000.00 to complete the project.
WHEREAS, the plans are now complete for bidding purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes staff to call for sealed bids for the West Gateway Improvement Project, CIP C1816.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of February, 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 Resolution No. 2023-23, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 21st day of February, 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 February, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CD-01 - CD-04 CONSTRUCTION DETAILS
CG-01 - CG-03 CONTOUR GRADING PLANS
DP-01 - DP-02 DRAINAGE & UTILITY
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SS-01 - SS-03 SIGNING & STRIPING
CS-01 CONSTRUCTION SIGNS
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KIMLEY-HORN GENERAL NOTES CITY OF HOLLISTER GENERAL NOTES
ABBREVIATIONS
LEGEND
GENERAL CIVIL NOTES
GENERAL UTILITY NOTES
TRAFFIC CONTROL SPECIFICATIONS
2 GN-01
GENERAL NOTES
1. ALL CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH THESE PLANS, CITY STANDARD DETAILS AND SPECIFICATIONS, 2021 GREENBOOK, 2018 CALTRANS STANDARD
SPECIFICATIONS, THE FINAL GEOTECHNICAL REPORT AND ALL ISSUED ADDENDA, AND COMMONLY ACCEPTED CONSTRUCTION STANDARDS. THE CITY SPECIFICATIONS SHALL GOVERN WHERE OTHER SPECIFICATIONS DO NOT EXIST. IN CASE OF CONFLICTING
SPECIFICATIONS OR DETAILS, THE MORE RESTRICTIVE SPECIFICATION AND DETAIL SHALL BE FOLLOWED.
2. THE CONTRACTOR SHALL COMPLY WITH CITY “GENERAL NOTES” FOR CONSTRUCTION. SEE CITY DESIGN STANDARDS ON THIS SHEET. FOR INSTANCES WHERE THEY CONFLICT WITH THESE KH GENERAL NOTES, THEN THE MORE RESTRICTIVE SHALL APPLY.
3. THE CONTRACTOR SHALL FURNISH ALL MATERIAL AND LABOR TO CONSTRUCT THE FACILITY
AS SHOWN AND DESCRIBED IN THE CONSTRUCTION DOCUMENTS IN ACCORDANCE WITH THE APPROPRIATE AUTHORITIES' SPECIFICATIONS AND REQUIREMENTS.
4. THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO BIDDING TO DETERMINE EXISTING CONDITIONS.
5. THE CONTRACTOR SHALL REVIEW AND VERIFY ALL DIMENSIONS AND FIELD CONDITIONS THAT MAY AFFECT CONSTRUCTION. ANY DISCREPANCIES ON THE DRAWINGS SHALL BE IMMEDIATELY BROUGHT TO THE ATTENTION OF THE ENGINEER BEFORE COMMENCING WORK.
NO FIELD CHANGES OR DEVIATIONS FROM DESIGN ARE TO BE MADE WITHOUT PRIOR APPROVAL OF THE ENGINEER AND IF APPLICABLE THE CITY. NO CONSIDERATION WILL BE
GIVEN TO CHANGE ORDERS FOR WHICH THE CITY, ENGINEER, AND OWNER WERE NOT CONTACTED PRIOR TO CONSTRUCTION OF THE AFFECTED ITEM.
6. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONTACT THE VARIOUS UTILITY COMPANIES
WHICH MAY HAVE BURIED OR AERIAL UTILITIES WITHIN OR NEAR THE CONSTRUCTION AREA
BEFORE COMMENCING WORK TO HAVE THEM LOCATE THEIR EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE AN ADEQUATE MINIMUM NOTICE TO ALL UTILITY COMPANIES PRIOR TO BEGINNING CONSTRUCTION.
7. CONTRACTOR SHALL CALL 811 AN ADEQUATE AMOUNT OF TIME PRIOR TO COMMENCING CONSTRUCTION OR ANY EXCAVATION.
8. CONTRACTOR SHALL USE EXTREME CAUTION AS THE SITE CONTAINS VARIOUS KNOWN AND UNKNOWN PUBLIC UTILITIES.
9. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING ANY ADJUSTMENTS AND
RELOCATIONS OF EXISTING UTILITIES THAT CONFLICT WITH THE PROPOSED IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO, ADJUSTING EXISTING MANHOLES TO MATCH PROPOSED GRADE.
10. THE CONTRACTOR SHALL BE RESPONSIBLE TO OBTAIN ALL REQUIRED CONSTRUCTION PERMITS, APPROVALS, AND BONDS PRIOR TO CONSTRUCTION.
11. THE CONTRACTOR SHALL HAVE AVAILABLE AT THE JOB SITE AT ALL TIMES A COPY OF THE
CONTRACT DOCUMENTS INCLUDING PLANS, PROJECT AND CITY SPECIFICATIONS, AND
SPECIAL CONDITIONS, COPIES OF ANY REQUIRED CONSTRUCTION PERMITS, AND INSPECTION REPORTS.
12. ALL SHOP DRAWINGS AND OTHER DOCUMENTS THAT REQUIRE ENGINEER REVIEW SHALL BE
SUBMITTED BY THE CONTRACTOR SUFFICIENTLY IN ADVANCE OF CONSTRUCTION OF THAT ITEM, SO THAT NO LESS THAN 10 BUSINESS DAYS FOR REVIEW AND RESPONSE IS AVAILABLE.
13. ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES,
JURISDICTIONAL AGENCIES, AND/OR UTILITY SERVICE COMPANIES SHALL BE PERFORMED PRIOR TO USE OF THE FACILITY AND THE FINAL CONNECTION OF SERVICES.
14. CONTRACTOR SHALL ARRANGE FOR REQUIRED CITY INSPECTIONS.
15. CONTRACTOR'S BID PRICE SHALL INCLUDE ALL INSPECTION FEES.
16. CONTRACTOR IS RESPONSIBLE FOR ALL MATERIALS TESTING AND CERTIFICATION, UNLESS SPECIFIED OTHERWISE BY CITY. ALL MATERIALS TESTING SHALL BE COORDINATED WITH THE
APPROPRIATE CITY INSPECTOR AND COMPLY WITH CITY STANDARD SPECIFICATIONS AND 2018 CALTRANS STANDARD SPECIFICATIONS. TESTING SHALL BE PERFORMED BY AN APPROVED INDEPENDENT AGENCY FOR TESTING MATERIALS. CITY SHALL APPROVE THE AGENCY NOMINATED BY THE CONTRACTOR FOR MATERIALS TESTING.
17. ALL COPIES OF MATERIALS TEST RESULTS SHALL BE SENT TO THE CITY AND ENGINEER DIRECTLY FROM THE TESTING AGENCY.
18. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO SHOW, BY THE STANDARD TESTING
PROCEDURES OF THE MATERIALS, THAT THE WORK CONSTRUCTED MEETS THE PROJECT REQUIREMENTS AND CITY SPECIFICATIONS.
19. ALL CONTRACTORS MUST CONFINE THEIR ACTIVITIES TO THE WORK AREA. NO ENCROACHMENTS OUTSIDE OF THE WORK AREA WILL BE ALLOWED. ANY DAMAGE RESULTING THEREFROM SHALL BE CONTRACTOR'S SOLE RESPONSIBILITY TO REPAIR.
20. THE CONTRACTOR SHALL PROTECT ALL EXISTING STRUCTURES, UTILITIES, MANHOLES,
POLES, GUY WIRES, VALVE COVERS, VAULT LIDS, FIRE HYDRANTS, COMMUNICATION
BOXES/PEDESTALS, AND OTHER FACILITIES TO REMAIN AND SHALL REPAIR ANY DAMAGES AT NO COST TO THE OWNER.
21. THE CONTRACTOR SHALL IMMEDIATELY REPAIR OR REPLACE ANY PHYSICAL DAMAGE TO PRIVATE PROPERTY OR PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO: FENCES,
WALLS, SIGNS, PAVEMENT, CURBS, UTILITIES, SIDEWALKS, GRASS, TREES, LANDSCAPING, AND IRRIGATION SYSTEMS, ETC.… TO ORIGINAL CONDITION OR BETTER AT NO COST TO THE OWNER.
22. SITE SAFETY IS SOLELY THE RESPONSIBILITY OF THE CONTRACTOR.
23. THESE PLANS DO NOT EXTEND TO OR INCLUDE DESIGNS OR SYSTEMS PERTAINING TO THE
SAFETY OF THE CONTRACTOR OR ITS EMPLOYEES, AGENTS OR REPRESENTATIVES IN THE PERFORMANCE OF THE WORK. THE ENGINEER'S SEAL HEREON DOES NOT EXTEND TO ANY SUCH SAFETY SYSTEM. THE CONTRACTOR SHALL BE RESPONSIBLE FOR IMPLEMENTATION OF ALL REQUIRED SAFETY PROCEDURES AND PROGRAMS.
24. SIGNS RELATED TO SITE OPERATION OR SAFETY ARE NOT INCLUDED IN THESE PLANS.
25. CONTRACTOR STAGING AREA SHALL BE AGREED ON BY THE OWNER AND CONTRACTOR PRIOR TO BEGINNING OF CONSTRUCTION. CONTRACTOR IS RESPONSIBLE FOR ALL
PERMITTING REQUIREMENTS FOR THE CONSTRUCTION STORAGE AND STAGING OPERATIONS AND LOCATIONS.
26. ALL SIGNS, PAVEMENT MARKINGS, AND OTHER TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES".
27. TOP RIM ELEVATIONS OF ALL EXISTING AND PROPOSED MANHOLES SHALL BE COORDINATED
WITH TOP OF PAVEMENT OR FINISHED GRADE AND SHALL BE ADJUSTED TO BE FLUSH WITH THE ACTUAL FINISHED GRADE AT THE TIME OF PAVING.
28. CONTRACTOR SHALL ADJUST ALL EXISTING AND PROPOSED VALVES, FIRE HYDRANTS, AND
OTHER UTILITY APPURTENANCES TO MATCH ACTUAL FINISHED GRADES AT THE TIME OF PAVING. CONTRACTOR SHALL COORDINATE WITH OTHER UTILITIES OWNERS TO HAVE NON-CITY OWNED UTILITIES ADJUSTED TO GRADE.
29. THE CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION SEQUENCING AND PHASING, AND
SHALL CONTACT THE APPROPRIATE CITY OFFICIALS, INCLUDING BUILDING OFFICIAL, ENGINEERING INSPECTOR, AND FIRE MARSHALL TO LEARN OF ANY REQUIREMENTS.
30. CONTRACTOR IS RESPONSIBLE FOR PREPARATION, SUBMITTAL, AND APPROVAL BY THE CITY
OF A TRAFFIC CONTROL PLAN PRIOR TO THE START OF CONSTRUCTION, AND THEN THE IMPLEMENTATION OF THE PLAN.
31. CONTRACTOR SHALL KEEP A NEAT AND ACCURATE RECORD OF CONSTRUCTION, INCLUDING ANY DEVIATIONS OR VARIANCES FROM THE PLANS.
32. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AS-BUILT PLANS TO THE
ENGINEER AND CITY IDENTIFYING ALL DEVIATIONS AND VARIATIONS FROM THESE PLANS MADE DURING CONSTRUCTION.
1. ALL CONSTRUCTION MUST BE TO THE CITY OF HOLLISTER STANDARDS AND ACCEPTED BY THE PUBLIC WORKS INSPECTOR. STANDARD PLANS ARE AVAILABLE ON-LINE AND AT THE OFFICE OF THE PUBLIC WORKS INSPECTOR AND ON-LINE AT. http://hollister.ca.gov/government/city-departments/engineering/engineering-standards/
2. CONTRACTOR SHALL MEET WITH CITY OF HOLLISTER AT LEAST 48 HOURS PRIOR TO START OF CONSTRUCTION, 24 HOURS NOTICE REQUIRED ON ALL INSPECTIONS.
3. CONTRACTOR IS RESPONSIBLE TO MAKE ALL ARRANGEMENTS FOR SITE
INSPECTIONS AND INSURE THAT ALL CURRENT STANDARDS FOR THE CITY OF
HOLLISTER ARE FOLLOWED PRIOR TO THE BEGINNING ANY PHASE OF CONSTRUCTION WORK.
4. CONSTRUCTION SHALL BE LIMITED TO BETWEEN THE HOURS OF 7:00 A.M. AND 6:00 P.M., MONDAY THRU FRIDAY, 8:00 AM TO 6:00 PM ON SATURDAY AND SHALL BE PROHIBITED ON SUNDAYS AND FEDERALLY RECOGNIZED HOLIDAYS. INSPECTION REQUESTS SHALL BE LIMITED TO NORMAL CITY BUSINESS HOURS: 8:00 A.M. TO 5:00 P.M., MONDAY THRU FRIDAY. ARRANGEMENTS FOR ANY OVERTIME INSPECTION SERVICES AND PAYMENT OF FEES FOR SAME SHOULD BE MADE 48 HOURS IN
ADVANCE AND ARE SUBJECT TO INSPECTION AVAILABILITY AND APPROVAL BY THE
CITY ENGINEER
5. THE CONTRACTOR IS RESPONSIBLE FOR ARRANGEMENTS TO PAY FOR ALL MATERIAL TESTING REQUIRED BY THE PUBLIC WORKS INSPECTOR. IT IS THE CONTRACTOR’S
RESPONSIBILITY TO SEE TO IT THAT ALL TESTING REQUIRED BY THE PUBLIC WORKS INSPECTOR IS PERFORMED.
6. DUST CONTROL DURING THE GRADING PROCESS IS THE RESPONSIBILITY OF THE CONTRACTOR. IT IS ALSO THE CONTRACTORS RESPONSIBILITY TO MAINTAIN CLEANLINESS OF THE EXISTING IMPROVED STREETS IN THE CONSTRUCTION AREA.
7. WATER FOR DUST CONTROL AND USE FOR COMPACTION MAY BE PURCHASED
FROM THE APPROPRIATE AGENCY PRIOR TO START OF ANY WORK, AND IT IS THE RESPONSIBILITY OF THE CONTRACTOR FOR ANY FEES OR DEPOSITS.
8. CONSTRUCTION EQUIPMENT SHALL UTILIZE 4TH STREET FOR ACCESS.
CONSTRUCTION TRAFFIC SHALL UTILIZE THE APPROVED “STABILIZED CONSTRUCTION ENTRANCE/EXIT” PER THE PROJECTS STORM WATER CONTROL PLAN.
9. IT IS THE CONTRACTOR’S RESPONSIBILITY TO NOTIFY THE DESIGN ENGINEER OF ANY ANTICIPATED SOILS IMBALANCE SO GRADES CAN BE ADJUSTED. ADJUSTMENTS REQUIRE THE APPROVAL OF THE CITY ENGINEER.
10. CONTRACTOR IS TO MAKE PROVISIONS FOR TRENCH SPOILS.
11. SAWCUT ALL TRENCHES IN EXISTING PAVEMENT.
12. CONTRACTOR IS RESPONSIBLE FOR COMPACTION OF ALL UTILITY TRENCHES
INCLUDING PG&E AND FOR THE SPOILS GENERATED BY THESE SAME UTILITY TRENCHES.
13. ALL ENDS, BENDS, AND TEES ON WATER LINES MUST HAVE ADEQUATE THRUST BLOCKS CALCULATED FROM CITY OF HOLLISTER STANDARDS.
14. CITY WILL OPERATE ALL EXISTING WATER VALVES. CONTRACTOR SHALL MAKE ARRANGEMENTS IN ADVANCE WITH THE PUBLIC WORKS INSPECTOR.
15. SEWER SERVICES FOR RESIDENTIAL LOTS TO BE MINIMUM 4" PIPE AND MUST BE MARKED WITH AN "S" ON CURB FACE.
16. CURB INLETS ARE TO BE CITY OF HOLLISTER STANDARD TYPE "A" UNLESS OTHERWISE INDICATED.
17. CONTRACTOR SHALL FURNISH CERTIFICATES OF COMPLIANCE TO THE CITY FOR CRUSHED MISCELLANEOUS BASE MATERIAL AND FOR THE SPECIFIED CLASS OF PCC.
PRIOR TO PAVING ROADWAYS.
18. IN AREAS WHICH ARE TO RECEIVE AC, PCC, OR AGGREGATE BASE, THE CONTRACTOR SHALL MAINTAIN SUBGRADE AT THE AS GRADED WATER CONTENT. IF
THE SUBGRADE IS ALLOWED TO DRY, THE WATER CONTENT OF SOIL SHOULD BE RAISED TO THE RECOMMENDED VALUE SPECIFIED FOR THE PROJECT.
AC ASPHALT CONCRETE
AB AGGREGATE BASE
BC BEGIN CURVE
BOW BACK OF WALK
BEG BEGIN
CIP CAST IRON PIPE
C&G CURB AND GUTTER
EC END CURVE
EP EDGE OF PAVEMENT
ETW EDGE OF TRAVEL WAY
EX. EXISTING
FL FLOWLINE
FS FINISH SURFACE
GV GAS VALVE
HP HIGH POINT
HMA HOT MIX ASPHALT
INV INVERT
LF LINEAR FEET
LP LOW POINT
MH MANHOLE
PCC PORTLAND CEMENT CONCRETE
SD STORM DRAIN
STA STATION
STRC STRUCTURE
PCC POINT OF COMPOUND CURVATURE
PVC POLYVINYL CHLORIDE PIPE
R/W RIGHT-OF-WAY
SS SANITARY SEWER
SW SIDEWALK
TC TOP OF CURB
TG TOP OF GRATE
TYP. TYPICAL
VAR VARIES
VG VALLEY GUTTER
W WATER
1. SEE SHEET TX-01 FOR ADDITIONAL NOTES.
2. CONTRACTOR TO PROTECT IN PLACE, DURING DEMOLITION AND
CONSTRUCTION, ALL EXISTING FEATURES THAT ARE TO REMAIN AS NOTED ON THE PLAN.
3. ANY EXISTING STRUCTURE, IMPROVEMENT, OR APPURTENANCE TO REMAIN
THAT IS DAMAGED DURING DEMOLITION OR CONSTRUCTION SHALL BE
IMMEDIATELY REPAIRED OR REPLACED BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE.
4. CONTRACTOR SHALL VERIFY AND LOCATE ALL EXISTING UNDERGROUND
UTILITIES BEFORE CONSTRUCTION AND PROTECT IN PLACE UNLESS NOTED ON THE PLANS.
5. ALL DIMENSIONS ARE MEASURED FROM FACE OF CURB UNLESS OTHERWISE NOTED ON THE PLANS.
6. ALL UNDERGROUND UTILITIES SHALL BE INSTALLED PRIOR TO THE
CONSTRUCTION OF SURFACE IMPROVEMENTS
7. THE CONTRACTOR IS RESPONSIBLE TO PROVIDE ALL CONSTRUCTION STAKING.
8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY MONUMENTATION
AND/OR BENCHMARKS WHICH WILL BE DISTURBED OR DESTROYED BY CONSTRUCTION. SUCH POINTS SHALL BE REFERENCED AND REPLACED WITH
APPROPRIATE MONUMENTATION BY A LICENSED LAND SURVEYOR OR A REGISTERED CIVIL ENGINEER AUTHORIZED TO PRACTICE LAND SURVEYING. A
CORNER RECORD OR RECORD OF SURVEY, AS APPROPRIATE, SHALL BE FILED
BY THE LICENSED LAND SURVEYOR OR THE REGISTERED CIVIL ENGINEER AS REQUIRED BY THE LAND SURVEYOR’S ACT.
9. CONTRACTORS SHALL REFER TO THE GEOTECHNICAL REPORT DATED MAY 11, 2022 PREPARED BY ENGEO FOR RECOMMENDATIONS TO BE INCORPORATED
INTO THE CONSTRUCTION AND INSTALLATION OF THE IMPROVEMENTS INCLUDED HEREIN.
10. COMPACTION REPORTS SHALL BE PROVIDED TO CITY INSPECTORS DAILY.
1. ALL UTILITIES WITHIN PRIVATE PROPERTY ARE PRIVATELY OWNED AND MAINTAINED.
2. ALL UTILITIES SHOWN WITHIN PUBLIC STREETS ARE APPROXIMATE
AND NEED TO BE CONFIRMED BY THE CONTRACTOR PRIOR TO
CONSTRUCTION.
1. PUBLIC CONVENIENCE AND SAFETY SHALL BE ACCORDING TO SECTION 600 OF THE 2021 GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AND REGIONAL SUPPLEMENT AMENDMENTS.
2. THE CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLANS FOR WORK TO
BE DONE TWO WEEKS BEFORE STARTING WORK, FOR THE CITY
ENGINEER'S APPROVAL. THE CONTRACTOR SHALL COMPLY WITH THE TRAFFIC CONTROL PLANS. TRAFFIC CONTROL SHALL CONFORM TO THE CALIFORNIA MUTCD, LATEST EDITION.
3. THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR THE ADEQUACY OF ANY TRAFFIC PLAN USED. CONTRACTOR SHALL NOTIFY THE CITY AT LEAST TWO (2) WORKING DAYS BEFORE STARTING ANY CONSTRUCTION DETOUR.
4. A SEPARATE TRAFFIC CONTROL PLAN FOR ANY WORK ON ARTERIAL AND
COLLECTOR STREETS SHALL BE SUBMITTED FOR APPROVAL PRIOR TO THE START OF ANY WORK ON THESE STREETS. THE CONTRACTOR SHALL ALSO
SUBMIT SEPARATE TRAFFIC CONTROL PLANS FOR WORK WITHIN ANY
MAJOR INTERSECTIONS, STATE RIGHTS-OF-WAY, AREAS WHERE SCHOOLS ARE PRESENT AND OTHER CONGESTED AREAS. THE TRAFFIC CONTROL
PLAN SHALL INCLUDE PHASING, EXISTING STRIPING, AND TEMPORARY STRIPING DURING CONSTRUCTION, AND FINISHED PERMANENT STRIPING.
5. ALL TRAFFIC CONTROL PLANS SHALL BE PREPARED AND SIGNED BY A LICENSED C31 CONTRACTOR OR QUALIFIED CONTRACTOR WITH A
GENERAL "A" LICENSE. THE CONTRACTOR SHALL EMPLOY FULL TIME
DEDICATED PERSONNEL WHOSE SOLE RESPONSIBILITY IS TO DO TRAFFIC CONTROL ONLY. THE CONTRACTOR IS PROHIBITED FROM USING OTHER CREW PERSONNEL TO PERFORM THIS JOB.
6. IT IS THE RESPONSIBILITY OF THE CONTRACTOR PERFORMING WORK ON A
CITY STREET TO INSTALL AND MAINTAIN THE APPROVED TRAFFIC
CONTROL DEVICES AND SUCH ADDITIONAL TRAFFIC CONTROL DEVICES (E.G. FLAG PERSONS) AS MAY BE REQUIRED TO INSURE SAFE MOVEMENT
OF TRAFFIC MOTORISTS, BICYCLISTS, PEDESTRIAN AND CONSTRUCTION
STAKING STAFF THROUGH AND AROUND THE WORK AREA AND PROVIDE MAXIMUM PROTECTION AND SAFETY TO CONSTRUCTION WORKERS.
7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ADEQUATE BARRICADING
OF THE WORK AREA AND CONTROLLING OF TRAFFIC NEAR THE PROJECT AS SPECIFIED IN SUB SECTION 600 OF THE 2021 GREENBOOK STANDARD SPECIFICATIONS OR AS DIRECTED BY THE ENGINEER.
8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESERVING ORIGINAL
LOCATIONS AND DIMENSIONS OF ALL EXISTING STRIPING OBLITERATED BY THE WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING
SUFFICIENT STRIPING CONTROL POINTS TO BE ABLE TO RESTORE LANE DIMENSIONS. THE CONTRACTOR SHALL INSTALL AND MAINTAIN
TEMPORARY OVERLAY YELLOW OR WHITE MARKERS, WHICHEVER IS
APPLICABLE, WHERE STRIPING CANNOT BE RESTORED BY THE END OF THE WORKDAY. THE CONTRACTOR SHALL REPLACE ALL ROADWAY STRIPING AND PAVEMENT MARKINGS REMOVED BY THE CONSTRUCTION WORK.
9. AT LEAST FIVE (5) WORKING DAYS BEFORE COMMENCING WORK, THE
CONTRACTOR SHALL SUBMIT THEIR CONSTRUCTION SCHEDULE TO THE CITY FOR APPROVAL. THIS SCHEDULE SHALL ALLOW RESIDENTS OR
BUSINESSES ALONG THE STREETS WHERE THERE IS CONSTRUCTION ACTIVITY TO HAVE AMPLE "ON STREET" PARKING (IF PARKING IS ALLOWED)
WITHIN A REASONABLE DISTANCE FROM THEIR HOMES OR PLACE OF BUSINESS. BASED UPON THE CONSTRUCTION SCHEDULE, THE
CONTRACTOR SHALL NOTIFY RESIDENTS AND BUSINESSES OF THE PROPOSED WORK, AND POST TEMPORARY "NO PARKING" SIGNS AT LEAST 72 HOURS IN ADVANCE OF IMPLEMENTING ANY PARKING RESTRICTIONS.
NOTIFICATION SHALL BE IN THE FORM OF "DOOR KNOCKER" NOTICES AND MUST BE IN ENGLISH AND SPANISH. THE CONTRACTOR SHALL SUBMIT A SAMPLE OF THE "NO PARKING" SIGN AND "DOOR KNOCKER" NOTICES TO THE CITY FOR APPROVAL.
10. THE CITY RESERVES THE RIGHT TO OBSERVE THE TRAFFIC CONTROL PLANS IN USE AND TO MAKE CHANGES AS FIELD CONDITIONS WARRANT.
ANY CHANGES WILL SUPERSEDE THE PLANS AND WILL BE DONE SOLELY AT THE CONTRACTOR'S EXPENSE.
11. THE CONTRACTOR SHALL ARRANGE WITH RECOLOGY, SAN BENITO
COUNTY TO MAINTAIN TRASH PICK-UP SERVICES FOR THOSE PROPERTY OWNERS AFFECTED BY THE WORK. THE CONTRACTOR SHALL NOTIFY THE TRANSIT AGENCIES OF ANY DELAYS TO THEIR BUSES. THE CONTRACTOR
SHALL NOTIFY ALL SCHOOLS (PUBLIC AND/OR PRIVATE) WHERE THE WORK MAY AFFECT SCHOOL OPERATIONS.
12. CONTRACTOR IS REQUIRED TO COMPLETE AND SUBMIT THE TRAFFIC CONTROL ESTIMATE FORM. PAYMENT WILL BE ADJUSTED BASED ON THE STREETS COMPLETED FROM THIS LIST.
13. FULL COMPENSATION FOR FURNISHING ALL LABOR, MATERIALS, TOOLS,
EQUIPMENT, AND INCIDENTALS, AND ALL NECESSARY TRAFFIC CONTROL
AS REQUIRED BY THE CITY IS CONSIDERED INCLUDED IN THE CONTRACT PRICE PAID FOR "PUBLIC CONVENIENCE AND SAFETY (TRAFFIC CONTROL)" AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED.
ENVIRONMENTAL MITIGATION NOTES (CONT)
3. BURROWING OWL: D) A QUALIFIED BIOLOGIST SHALL CONSTRUCT A PRE-CONSTRUCTION SURVEY LESS THAN 30 DAYS PRIOR TO
CONSTRUCTION WITHIN THE PROJECT SITE WEST OF GRAF ROAD IN
ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME BURROWING OWN SURVEY PROTOCOL (CDFG, 1995). IF NO BURROWING
OWLS OR SIGNS OF THEIR PRESENCE ARE DETECTED IN THE VICINITY OF
THE PROJECT SITE DURING THE PRE-CONSTRUCTION SURVEY, A LETTER
REPORT DOCUMENTING SURVEY METHODS AND FINDINGS SHALL BE
SUBMITTED TO THE CITY OF HOLLISTER REDEVELOPMENT AGENCY AND CDFG, AND NO FURTHER MITIGATION IS REQUIRED. E) IF UNOCCUPIED
BURROWS ARE DETECTED DURING THE NON-BREEDING SEASON
(SEPTEMBER THROUGH JANUARY 31), THE CONTRACTOR MAY COLLAPSE
THE UNOCCUPIED BURROWS, OR OTHERWISE OBSTRUCT THEIR ENTRANCES TO PREVENT OWLS FROM ENTERING AND NESTING IN THE BURROWS. F) IF
OCCUPIED BURROWING OWL BURROWS ARE DETECTED, IMPACTS ON BURROWS SHALL BE AVOIDED BY PROVIDING A BUFFER OF 160 FEET DURING THE NON-BREEDING SEASONS (SEPTEMBER 1 THROUGH JANUARY 31) OR 250 FEET DURING THE BREEDING SEASON (FEBRUARY 1 THROUGH AUGUST 31). THE SIZE OF THE BUFFER AREA MAY BE ADJUSTED IF A QUALIFIED
BIOLOGIST OR THE CDFG DETERMINE THE BURROWING OWL WOULD NOT LIKELY BE AFFECTED BY THE PROPOSED PROJECT. PROJECT ACTIVITIES
SHALL NOT COMMENCE WITHIN THE BUFFER AREA UNTIL A QUALIFIED BIOLOGIST CONFIRMS THAT THE BURROW IS NO LONGER OCCUPIED. IF THE BURROW IS OCCUPIED BY A NESTING PAIR, A MINIMUM OF 7.5 ACRES OF THE
FORAGING HABITAT CONTIGUOUS TO THE BURROW SHALL BE MAINTAINED PER PAIR UNTIL THE BREEDING SEASON IS FINISHED. G) IF IMPACTS TO
OCCUPIED BURROWS ARE UNAVOIDABLE, ONSITE PASSIVE RELOCATION
TECHNIQUES APPROVED BY THE CDFG SHALL BE USED TO ENCOURAGE
BURROWING OWLS TO MOVE TO ALTERNATIVE BURROWS OUTSIDE OF THE PROJECT SITE. NO OCCUPIED BURROWS SHALL BE DISTURBED DURING THE
NESTING SEASON UNLESS A QUALIFIED BIOLOGIST VERIFIES THROUGH
NON-INVASIVE METHODS THAT JUVENILES FROM THE OCCUPIED BURROWS
ARE FORAGING INDEPENDENTLY AND ARE CAPABLE OF INDEPENDENT SURVIVAL. MITIGATION FOR FORAGING HABITAT FOR RELOCATED PAIRS
SHALL FOLLOW THE GUIDELINES PROVIDED IN THE CALIFORNIA BURROWING
OWL SURVEY PROTOCOL AND MITIGATION GUIDELINES (BURROWING OWL CONSORTIUM, 1995). THE MITIGATION FOR FORAGING HABITAT FOR RELOCATED PAIRS RANGES FROM 7.5 TO 19.5 ACRES PER PAIR.
4. CALIFORNIA RED LEGGED FROG: H) A QUALIFIED BIOLOGIST SHALL CONDUCT A PRE-CONSTRUCTION SURVEY WITHIN 14 DAYS PRIOR TO
INITIATION OF CONSTRUCTION ACTIVITIES FOR LANDSCAPING THE RIGHT-OF-WAY BETWEEN GRAF ROAD AND THE SAN JUAN ROAD BRIDGE.
THE USFWS WILL BE NOTIFIED SHOULD CRLF BE OBSERVED WITHIN THE PROJECT SITE. I) A "SPECIES SENSITIVITY TRAINING" PROGRAM WILL BE
ESTABLISHED FOR CRLF PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITIES. THIS PROGRAM WILL BE DESIGNED TO EDUCATE
CONSTRUCTION PERSONNEL ABOUT THE MITIGATION MEASURES REQUIRED FOR THE EXECUTION OF THE PROJECT. ALL CONSTRUCTION PERSONNEL
WILL ATTEND THE SENSITIVITY TRAINING THAT WILL PROVIDE INSTRUCTION
ON CRLF IDENTIFICATION, STATUS AND DETAILED PROTOCOL OF THE
ACTIONS THAT SHOULD BE TAKEN IN THE EVENT THAT A CRLF IS ENCOUNTERED ONSITE DURING CONSTRUCTION ACTIVITIES. J) THE STAGING EQUIPMENT/AREAS SHALL BE LOCATED EAST OF GRAF ROAD. K) A
QUALIFIED BIOLOGIST SHALL BE PRESENT DURING GRADING ACTIVITIES FOR
THE TWO AREAS PROPOSED FOR RE-VEGETATION BETWEEN GRAF ROAD AND THE SAN JUAN ROAD BRIDGE. L) ON THE SOUTH SIDE OF SAN JUAN ROAD (WEST FOURTH STREET) WITHIN 100 FEET OF THE CITY OF HOLLISTER
PERCOLATION POND AND THE SAN BENITO RIVER, EXCLUSIONARY FENCING
SHALL BE ESTABLISHED TO PREVENT WESTERN POND TURTLE FROM ENTERING CONSTRUCTION AREAS. THE FENCING SHALL BE MARKED BY HIGH
VISIBILITY SIGNS INDICATING THAT HUMAN ACTIVITY IS PROHIBITED WITHIN THE AREA.
5. SAN JOAQUIN WHIPSNAKE: M) IF CONSTRUCTION ACTIVITIES FOR THE
LANDSCAPE RE-VEGETATION IN THE RIGHT-OF-WAY BETWEEN GRAF ROAD
AND THE SAN JUAN ROAD BRIDGE ARE TO OCCUR BETWEEN MARCH TO
OCTOBER, THEN A QUALIFIED BIOLOGIST SHALL CONDUCT
PRE-CONSTRUCTION SAN JOAQUIN WHIPSNAKE SURVEYS FOR ACTIVE DENS (WITHIN MAMMAL BURROWS) BEFORE ANY CONSTRUCTION ACTIVITIES OCCUR IN OR ADJACENT TO SUITABLE DEN HABITAT. THE SURVEYS SHALL BE CONDUCTED WITHIN 14 DAYS PRIOR TO INITIATION OF CONSTRUCTION ACTIVITIES. SHOULD SAN JOAQUIN WHIPSNAKE BE OBSERVED WITHIN THE
PROJECT SITE, THE BIOLOGIST SHALL NOTE THE LOCATION ON A MAP AND
RESURVEY THE SITE PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITIES TO ENSURE THE SNAKE VACATED THE AREA. SHOULD THE SAN JOAQUIN WHIPSNAKE STILL BE PRESENT, A FIFTY (50) FOOT BUFFER
AROUND THE LOCATION SHALL BE ESTABLISHED AND CONSTRUCTION
ACTIVITIES SHALL BE PROHIBITED WITHIN THE BUFFER ZONE UNTIL THE SNAKE HAS VACATED THE PROJECT SITE. N) PRIOR TO REMOVAL OF STOCKPILES WITHIN THE PROPOSED PROJECT SITE, A "SPECIES SENSITIVITY TRAINING" PROGRAM WILL BE ESTABLISHED FOR THE SAN JOAQUIN WHIPSNAKE. THIS PROGRAM WILL BE DESIGNED TO EDUCATE
CONSTRUCTION PERSONNEL ABOUT THE MITIGATION MEASURES REQUIRED FOR THE EXECUTION OF THE PROJECT. ALL CONSTRUCTION PERSONNEL
WILL ATTEND THE SENSITIVITY TRAINING THAT WILL PROVIDE INSTRUCTION
ON WHIPSNAKE IDENTIFICATION, STATUS AND DETAILED PROTOCOL OF THE
ACTIONS THAT SHOULD BE TAKEN IN THE EVENT THAT A WHIPSNAKE IS ENCOUNTERED ONSITE DURING CONSTRUCTION.
6. WESTERN MASTIFF OR PALLID BAT: O) NO MORE THAN 14 DAYS PRIOR TO CONSTRUCTION ACTIVITIES WITHIN 100 FEET OF THE SAN JUAN ROAD
BRIDGE, A QUALIFIED WILDLIFE BIOLOGIST SHALL CONDUCT
PRE-CONSTRUCTION SURVEYS FOR SPECIAL-STATUS WESTERN MASTIFF BAT AND PALLID BAT. IF NO ACTIVE ROOSTS OR EVIDENCE OF WESTERN
MASTIFF OR PALLID BAT PRESENCE ARE DETECTED DURING THESE SURVEYS, NO ADDITIONAL MITIGATION IS REQUIRED. P) MITIGATION MEASURES B-3.c. REQUIRES THE STAGING/EQUIPMENT AREA TO BE
LOCATED EAST OF GRAF ROAD WILL AVOID IMPACTS TO ACTIVE ROOSTS IF
THE WESTERN MASTIFF OR PALLID BAT SPECIES ARE DETECTED BENEATH THE BRIDGE DURING THE PRE-CONSTRUCTION SURVEY. SHOULD WESTERN
MASTIFF OR PALLID BAT SPECIES OR THEIR ACTIVE ROOSTS BE DETECTED
BENEATH THE BRIDGE DURING THE PRE-CONSTRUCTION SURVEY, THE
STAGING AREA SHOULD BE CONSTRUCTION ACTIVITIES SHALL BE COMPLETED IN A SHORT TIMEFRAME WITHIN 100 FEET OF THE BRIDGE. A
QUALIFIED BIOLOGIST SHALL BE PRESENT WHILE CONSTRUCTION ACTIVITIES ARE OCCURRING.
7. PERCHING BIRDS, RAPTORS: Q) REMOVAL OF THE PEPPER TREES ON THE
SOUTH SIDE OF SAN JUAN ROAD NORTH OF BRIDGE ROAD SHOULD BE SCHEDULED TO OCCUR FROM AUGUST 1 TO FEBRUARY 1 WHICH IS OUTSIDE THE BIRD-BREEDING SEASON. IF THIS IS NOT AVOIDABLE, THEN A BIOLOGIST
SHALL BE HIRED TO CONDUCT A PRE-CONSTRUCTION SURVEY NO MORE THAN THIRTY (30) DAYS BEFORE TREE REMOVAL TO SURVEY THE TREES FOR NESTING BIRDS INCLUDING COMMON NESTING RAPTORS (E.G.
RE-TAILED HAWK) AND MIGRATORY BIRDS. IF NESTING BIRDS PROTECTED
BY STATE OR FEDERAL LAWS ARE OBSERVED WITHIN THREE HUNDRED FEET
OF THE PROJECT AREA, THE BIOLOGIST SHALL RECOMMEND AN
APPROPRIATE BUFFER AREA AROUND WHERE NO CONSTRUCTION WILL TAKE PLACE UNTIL THE BIOLOGIST DETERMINES THE BIRDS HAVE FLEDGED.
ENVIRONMENTAL MITIGATION NOTES
1. CONTRACTOR SHALL COMPLY WITH ALL MITIGATION MEASURES AS
DOCUMENTED IN THE PROJECT'S INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TO THE SATISFACTION OF THE ENGINEER.
2. WESTERN POND TURTLE: A) A QUALIFIED BIOLOGIST WILL CONDUCT A
PRE-CONSTRUCTION SURVEY FOR WESTERN POND TURTLE LESS THAN 14 DAYS PRIOR TO INITIATION OF CONSTRUCTION ACTIVITIES WEST OF GRAF ROAD. ANY WESTERN POND TURTLE OBSERVED WILL BE MOVED BY
A QUALIFIED BIOLOGIST TO A SUITABLE LOCATION OUTSIDE OF THE CONSTRUCTION AREA. B) A "SPECIES SENSITIVITY TRAINING" PROGRAM WILL BE ESTABLISHED FOR WESTERN POND TURTLE. THIS PROGRAM
WILL BE DESIGNED TO EDUCATE CONSTRUCTION PERSONNEL ABOUT
THE MITIGATION MEASURES REQUIRED FOR THE EXECUTION OF THE PROJECT. ALL CONSTRUCTION PERSONNEL WILL ATTEND THE
SENSITIVITY TRAINING THAT WILL PROVIDE INSTRUCTION ON WESTERN
POND TURTLE IDENTIFICATION, STATUS AND DETAILED PROTOCOL OF
THE ACTIONS THAT SHOULD BE TAKEN IN THE EVENT THAT WESTERN
POND TURTLE IS ENCOUNTERED ONSITE DURING CONSTRUCTION
ACTIVITIES. C) ON THE SOUTH SIDE OF SAN JUAN ROAD (WEST FOURTH STREET) WITHIN 100 FEET OF THE CITY OF HOLLISTER PERCOLATION
POND AND THE SAN BENITO RIVER, EXCLUSIONARY FENCING SHALL BE
ESTABLISHED TO PREVENT WESTERN POND TURTLE FROM ENTERING CONSTRUCTION AREAS. THE FENCING SHALL BE MARKED BY HIGH
VISIBILITY SIGNS INDICATING THAT HUMAN ACTIVITY IS PROHIBITED WITHIN THE AREA.
F.3.a
Packet Pg. 276
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TYPICAL SECTIONS
KEY MAP
NOTES
PAVEMENT STRUCTURAL SECTIONS
SECTION C-C
SAN JUAN ROAD AND BRIDGE ROAD
SECTION E-E
SAN JUAN ROAD EAST LEG
SECTION F-F
GRAF ROAD NORTH LEG
SECTION B-B
SAN JUAN ROAD WEST LEG
LEGEND
SECTION D-D
ROUNDABOUT
EXISTING PAVEMENT STRUCTURAL SECTIONS
SECTION A-A
SAN JUAN ROAD WEST LEG
MEDIAN CURB CALLOUT POINTS
CURB & GUTTER CALLOUT POINTS
BLISTER CALLOUT POINTS
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CD-02 PLAN A-8-1 5 GUTTER TO REMAIN
® Know what's below.
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NTS
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SEE DETAIL ON
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0.83' (10") AB
0.42' (5") AC
0.67' (8") AB
0. 71' (8.5") AC
0.46' (5.5") AB
EXISTING PAVEMENT SECTIONS SHOWN ARE BASED ON
GEOTECHNICAL BORING ACTUAL EXISTING PAVEMENT
SECTION MAY VARY WITHIN PROJECT LIMITS.
SAN JUAN ROAD
BRIDGE ROA
D
SAN JUAN RO
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D
555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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NOTES
1. REFER TO ALIGNMENTS ALONG ETW'S FOR PROPOSED STRIPING.
SEE SS-SHEETS FOR ADDITIONAL DETAILS
2. HORZ: CCS83 ZONE 4, NAD83(2011) ---CSRC EPOCH 2017.50, U.S. SURVEY FEET VERT: NAVD88, U.S. SURVEY FEET
-----=----
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CONTROL POINT TABLE
POINT # NORTHING EASTING STATION OFFSET ALIGNMENT ELEVATION DESCRIPTION @ 2202576,33 5851367.04 10+ 78.02 24.62' LT "S" LINE 276.19' MAG @ 2'EP NORTH SIDE 4TH ST
LINE TABLE CURVE TABLE
LINE LENGTH BEARING CURVE RADIUS LENGTH CHORD BEARING CHORD DELTA TANGENT L1 378.96 S75'25'02.98"W C1 2080.00' 569.92' S67'34'04"W 568.14' 15'41'57" 286.76' L5 11.00 N76'00'06.00"E C9 25.00' 14. 75' N86'32'59"E 14.54' 33'48'16" 7.60' L6 165,80 N76'40'32. 76"E C13 450.00' 16.09' N61'46'36"E 16.09' 2'02'55" 8.05' L32 29.17 N68'39'13.57"E C14 3.00' 6.53' N1 '37'09"W 5.32' 124'44'36" 5.73' L33 31.13 N74'48'53. 71 "E C16 3.00' 2.96' S87'44'05"W 2.84' 56'32'56" 1.61' l39 192,63 N74'40'10.16"E C17 90.00' 46.85' S74"22'20"W 46.32' 29'49'26" 23.97' L40 192.63 N74'40'10.16"E C18 25.00' 16.68' S70"09'56"W 16.38' 38'14'13" 8.67' L41 60.73 N62'48'03. 70"E C24 1112.00' 155.33' N70'40'04"E 155.20' 8'00'12" 77.79' L48 82.64 N74'40'10.16"E C26 538.00' 99.34' N69'22' 46"E 99.20' 10"34' 48" 49.81' L49 49.12 N63"15'47.30"E C27 1100.00' 153.92' N70'39'39"E 153.79' 8'01'02" 77.08' L53 145,97 N69'58'37.27"E C29 550.00' 113.93' N68'44'07"E 113.73' 11·52'05• 57.17' L54 93.83 N69'58'37.27"E C41 2000.00' 1208.16' S77'01 '26"W 1189.87' 34"36'40" 623.14' L55 48.90 N69'58'37.27"E C42 2150.00' 248.85' N71'21'13"E 248.72' 6'37'54" 124.57' L56 40.73 N74'40'10.16"E C44 500.00' 99.54' N68'57'59"E 99.37' 11 '24'23" 49.93' L58 57.08 N56'40'52.50"E C53 512.00' 100.26' N69'03'34"E 100.10' 11 i 3'12" 50.29' l59 41.67 N63'15'47.30"E C54 25.00' 9.18' N46'09'52"E 9.13' 21 ·02·01" 4,64' L64 1.66 S23"57'20. 98"E C56 20.00' 2.30' N59'58'20"E 2.30' 5·34'55" 1.15' L65 2.96 S60"55' 44.19"E C67 5.12' 3. 11' S6'35'18"E 3.06' 34'44'05" 1.60' C69 24.51' 16.23' S42'26'33"E 15.93' 37'55'52" 8.42'
C71 40.13' 25.87' S79'23'57"E 25.42' 35·55'25" 13.40'
C75 20.00' 30.90' S79'03'25"E 27.92' 88'31'26" 19.49'
C76 48.00' 52.84' S66i 9'56"E 50.21' 63'04'29" 29.46'
GR
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FRONTAGE ROAD
SAN J
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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® Know what's below.
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Kimley>>> Horn
"sJ· SAN JUAN ROAD
·s" BRIDGE ROAD
•G" GRAF ROAD
11 GLB• GUTTER LIP BRIDGE
"ETWWB" EDGE OF TRAVEL WAY -WESTBOUND
"ETWEB" EDGE OF TRAVEL WAY -EASTBOUND
11 WBT11 WESTBOUND THROUGH
"EBL" EASTBOUND LEFT
11 SBL11 SOUTHBOUND LEFT
"Cl" CENTRAL ISLAND
"GLW" GUTTER LIP WEST
"GLS" GUTTER LIP SOUTH
11 GLF11 GUTTER LIP FRONTAGE
"GLNE" GUTTER LIP NORTHEAST
"GLNW'' GUTTER LIP NORTHWEST
11 FSF 11 FRONTAGE (OF SAN JUAN ROAD) FLOW LINE
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19+oo
R/W
CONTROL POINT TABLE
POINT # NORTHING EASTING STATION OFFSET ALIGNMENT ELEVATION DESCRIPTION CURVE
C31
C32
C34
C35
C46
C47
C49
C51
C58
C59
C61
C63
C73
C78
C81
® 2202743.61 5851949.81 20+42.1 38.09' LT "G" LINE 276.22' C 2202663.105852440.6 21+64.48 26.83' RT "SJ" LINE 275.74'
CURVE TABLE
RADIUS LENGTH CHORD BEARING CHORD DELTA TANGENT
180.00' 50.73' N54"43'35"E 50.57' 16'08'57" 25.54'
29.00' 14.59' N61 '03'59"E 14.44' 28"49'44" 7.45'
29.00' 19.40' S57'04'33"E 19.04' 38'19'33" 10.08'
105.00' 92.20' S63'04'02"E 89.26' 50'18'32" 49.31'
105.00' 88.14' N87'18'37"E 85.57' 48'05'40" 46.85'
32.00' 56.09' N61'08'44"E 49.18' 100"25'27" 38.42'
250.00' 58.46' N4'14'06"E 58.32' 13'23'50" 29.36'
500.00' 43.20' N0'00'42"E 43.19' 4·57'03" 21.62'
95.00' 82.65' N88'11'1 O"E 80.07' 49•50•45• 44.14'
50.00' 34.68' S86'45'33"E 33.99' 39·44•10" 18.07'
150.00' 54.86' N83'51 '04"E 54.56' 20'57'24" 27.74'
602.00' 31.93' S84'09'04"E 31.93' 3·02'21" 15. 97'
519.87' 96.96' N87'28'25"E 96.82' 10'41'11" 48.62'
502.00' 93.63' N87'28'25"E 93.49' 10'41'11" 46.95'
50.00' 5.44' S49'41'07"E 5.44' 6'13'57" 2.72'
LINE TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
L42 118.63 S88'13'17. 90"E L69 44.00 S87'10'58.91"E
L43 98.65 S82'37'53.15"E L72 20.52 S52'48'05. 75"E
L44 17.55 S85'06' 38.37"E L79 135.24 S2'26'53.29"W
L50 82.47 N10'56'00 . .37"E L80 190.46 S85'40'14.02"E
L51 27.71 N2'27' 49.25"W L81 94.04 S82'37'53.15"E
L52 45.61 N2'29'13.47"E L82 17.67 S85'06'38.37"E
LSD 11.47 N73'22'22.48"E L84 152.14 S2'27'17.88"W
L61 96.07 S85'40'14.02"E L86 21.06 s8·oo·o6.27"W
L62 16.3.73 S82'37'53.15"E L88 50.00 S88'13'17. 90"E
L63 20.51 S85'06' 38.37"E L89 25.89 N82'53'20.1 O"E
L66 126.72 N82'07' 49. 7 3"E L90 43.76 S88'13'17. 90"E
L67 44.84 S87'10'58.91"E L92 98.65 S82'37'53.15"E
L68 135.04 N82'07'49.73"E L94 63.27 S85'06'38.37"E
60D @ NW COR 4TH ST & GRAF S
MAG @ 25' ± WEST OF END C&G
CURVE RADIUS
C82 3.00'
C83 450.00'
C84 50.00'
C85 90.00'
C86 10.00'
C87 105.00'
C88 29.00'
C89 32.00'
C90 200.00'
C96 29.00'
C97 32.00'
C98 29.00'
C99 41.00'
C100 300.00'
C101 50.00'
CURVE RADIUS
C37 500.00'
C39 1000.00'
C63 602.00'
C65 904.00'
C73 519.87'
C78 502.00'
C92 300.00'
C94 1012.00'
C102 516.00'
C103 984.00'
CURVE TABLE
LENGTH CHORD BEARING CHORD
4.35' S88'08' 45"E 3.98'
13.45' N49'25'16"E 13.45'
18.04' N58'54'01''E 17.94'
79.41' N43'57'28"E 76.86'
18.53' N34'24'50"W 15.99'
126.13' S33'27'19"W 118.68'
28.34' S39'52'28"W 27.22'
64.53' S45'53'05"E 54.14'
62.76' N85'20'21 "E 62.51'
32.19' S43'40'54"W 30.56'
114.23' N89'37'16"E 62.54'
32.19' N44'26'20"W 30.56'
20.24' S89'37'17"W 20.03'
29.04' S5'13'42"W 29.03'
83.97' S40'06'36"E 74.44'
CURVE TABLE
LENGTH CHORD BEARING
48.78' S85'25'36"E
43.27' S83'52'16"E
31.9.3' S84'09'04"E
39.12' S83"52'16"E
96.96' N87'28'25"E
93.63' N87'28'25"E
15.91' S84'09'04"E
43.79' S83'52'16"E
50.34' S85"25'36"E
42.58' S83'52'16"E
"SJ" 21 +45.87
END "GLNE" LINE
..._ N 2202713. 79
E 5852425.80
CHORD
48.76'
43.27'
31.93'
39.11'
96.82'
93.49'
15. 91'
43.79'
50.32'
42.58'
END "WBT" LINE
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DELTA TANGENT
83'09'12" 2.66'
1'42'47" 6.73'
20'40'19" 9.12'
50·33'25• 42.50'
106'11'22" 13.32'
68'49'26" 71. 93'
55'59'08" 15.41'
115'31'58" 50.75'
17°58'50" 31.64'
63'35'59" 17.98'
204'31'16" 147.25'
63'35'57" 17.98'
28'16'49" 10.33'
5·32' 48" 14.53'
96'13'24" 55.75'
DELTA TANGENT
5·35'25" 24.41'
2'28'45" 21.64'
3'02'21'' 15.97'
2'28' 45" 19.56'
10'41'11" 48.62'
10'41'11" 46.95'
3'02'21" 7.96'
2'28'45" 21.90'
5·35•25• 25.19'
2'28'45" 21.29'
GRAPHIC SCALE IN FEET
0 10 20 40
1 1~~1 1
GR
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
23 Pl
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KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
NORTH
6 DM-01
DEMOLITION PLAN
CONSTRUCTION NOTES (DEMOLITION PLAN SHEET):
DEMOLITION NOTES
LEGEND
F.3.a
Packet Pg. 280
c_·,
7 -
7 l
7 7 •
-
"
7 7
1. ALL EXISTING SIGNS WITHIN AREAS OF SIDEWALK REMOVAL SHALL BE SALVAGED
WHEN NO LONGER REQUIRED FOR TRAFFIC CONTROL OR WHEN IN CONFLICT WITH CONSTRUCTION SIGNS.
2. SEE SANITARY SEWER, DRAINAGE, AND UTILITY PLANS FOR UTILITY AND DRAINAGE FACILITY MODIFICATIONS.
3. REMOVE SIDEWALK TO THE NEAREST JOINT OR SCOREMARK BEYOND STA/OFF SHOWN, AS DIRECTED BY ENGINEER.
4. EXISTING UTILITIES ARE TO REMAIN AND/OR BE ADJUSTED BY OWNER, UNLESS OTHERWISE NOTED. SEE UTILITY PLANS FOR DETAILS.
5. EXISTING AMENITIES WITHIN CITY RIGHT OF WAY TO BE SALVAGED BY THE CONTRACTOR AND DELIVERED TO THE CITY.
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6. CONTRACTOR TO PREPARE AND SUBMIT DETAILED CONSTRUCTION PHASING AND TRAFFIC HANDLING PLANS FOR CITY APPROVAL PRIOR TO CONSTRUCTION.
7. EXISTING ASPHALT CONCRETE MAY CONTAIN PAVEMENT FABRIC, ENGINEERED PAVING MAT, OR OTHER CONTAMINATED MATERIALS. CONTRACTOR IS RESPONSIBLE FOR DISPOSING OF ENCOUNTERED MATERIALS.
8. COORDINATE WITH ALL ADJACENT PARCELS OWNERS AND OCCUPANTS REGARDING
CONSTRUCTION OPERATIONS TO SAID OWNER/TENANT'S PROPERTY AND ACCESS RESTRICTIONS A MINIMUM OF TWO (2) WEEKS PRIOR TO THE START OF DEMOLITION ACTIVITIES.
9. CONTRACTOR TO SALVAGE, PACKAGE, AND DELIVER ALL EXISTING SIGNAL EQUIPMENT TO THE CITY. ALL EXISTING TRAFFIC SIGNAL CONDUITS SHALL BE ABANDONED IN PLACE OR REMOVED WITH SUBSEQUENT CONSTRUCTION ACTIVITIES.
CONTRACTOR SHALL REMOVE AND DISPOSE OF EXISTING TRAFFIC SIGNAL CONDUCTORS.
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
23 Pl
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SHEET NUMBER
OF7
L-01
LAYOUT PLANS
LEGEND
NOTES
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CONSTRUCTION NOTES
F.3.a
Packet Pg. 281
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1. SEE SHEET TX-01 FOR ADDITIONAL NOTES.
2. SEE SHEETS CD-01 THROUGH CD-03 FOR MEDIAN AND
CURB RAMP DETAILS.
3. ALL UNDERGROUND UTILITIES SHALL BE INSTALLED PRIOR
TO THE CONSTRUCTION OF SURFACE IMPROVEMENTS.
4. CONTRACTOR SHALL VERIFY AND LOCATE ALL EXISTING
UNDERGROUND UTILITIES BEFORE CONSTRUCTION AND
PROTECT IN PLACE UNLESS OTHERWISE NOTED.
5. ANY EXISTING STRUCTURE, IMPROVEMENT, OR
APPURTENANCE TO REMAIN THAT IS DAMAGED DURING
DEMOLITION OR CONSTRUCTION SHALL BE IMMEDIATEL y
REPAIRED OR REPLACED BY THE CONTRACTOR AT THE
CONTRACTORS EXPENSE TO THE SATISFACTION OF THE
ENGINEER.
6. ALL AREAS SHOWN AS FUTURE LANDSCAPING TO BE
NATIVE BACKFILL. LANDSCAPING AND IRRIGATION SYSTEM
TO BE INSTALLED BY OTHERS AT A LATER DATE.
\
ITTn Know what's below.
~ Call before you dig,
0 INSTALL CURB PER CITY OF HOLLISTER STD PLAN
A-8-1.
0 INSTALL CURB AND GUTTER PER CITY OF HOLLISTER STD
PLAN A-8-1.
© FUTURE LANDSCAPE AREA BY SEPARATE PLAN.
® INSTALL MOUNTABLE ROUNDABOUT CURB PER DETAIL ON
CD-02.
© INSTALL ADA COMPLIANT CURB RAMP AND DETECTABLE
WARNING SURFACE PER CITY OF HOLLISTER STD DETAIL
A-9-2.
0 CONSTRUCT COMMERCIAL/INDUSTRIAL DRIVEWAY
APPROACH PER STD PLAN A-11.
© INSTALL CONCRETE SURFACE TO BE STAMPED WITH
"OFFSET BRICK" PATTERN AND COLOR "BRICK"
CONTRACTOR TO PROVIDE SUBMITTALS FOR CITY
APPROVAL.
® CONTRACTOR TO RELOCATE EXISTING GUYWIRE OUT OF
PROPOSED ROADWAY AND COORDINATE FIELD
ADJUSTMENT WITH ENGINEER AND PG&E.
® INSTALL 12" RETAINING CURB.
@ INSTALL RETAINING WALL (REINFORCED CONCRETE TYPE 6A)
PER CALTRANS STD PLAN B3-7A SHOWN ON CD-04.
@ INSTALL SAFETY HANDRAILING AS SHOWN ON PLANS
HANDRAILING TO BE 2" TUBULAR RAILING, HOT-DIPPED
GALVANIZED, AND CONFORMING TO ASTM A500 GR B
CONTRACTOR TO PROVIDE MATERIAL SUBMITTAL FOR. CITY
APPROVAL.
@ INSTALL CROSS GUTTER PER CITY OF HOLLISTER STD
PLAN A-8-1.
@ INSTALL TYPE A HMA DIKE PER CALTRANS STD PLAN
A87B.
@ INSTALL CURB TERMINATION CONFORM PER DETAIL ON
SHEET CD-01.
@ INSTALL IRRIGATION SLEEVE WITH 36" MIN DEPTH TO
BOTTOM PER CITY OF HOLLISTER STD PLAN G-1.
----
Kimley >>>Horn
70+87.12 "GLNW" 2.03' LT
TC 275.23
70+69.07 "GLNW" 2.04' LT
\ TC 275.23
' 70+55.62 "GLNW" 2.04' LT
\ TC 275.06
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TC 274.97
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--Est 1872
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CONFORM
61 +40.32 "GLNE" 8.83' LT
BOW 274.10
CONFORM
SEE MEDIAN DETAIL F
ON SHEET CD-03
61+75.70 "GLNE" 8.71' LT
EC SW 274.74
61+81.43 "GLNE" 6.22' LT
BC SW 274.43
6 61 + 78. 78 "GLNE" 20.23' LT
EC BOW 274.90
61 +90.98 "GLNE" 9.37' LT
EC SW 274.73
61+93.63 "GLNE" 15.54' LT
PRC SW 275.06
62+06.98 "GLNE" 32.25' LT
PCC BOW 275.44
62+36.67 "GLNE" 24.69' LT
PRC SW 275.62
62+42.05 "GLNE" 22.10' LT
BC SW 275.70
4 1/isEE MEDIAN DETAIL G f , ON SHEET CD-03
+ + + + + +
+ + + + + + +
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HMA PAVEMENT (MAJOR ROAD)OJ
HMA PAVEMENT (LOCAL ACCESS ROAD)[TI
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DETECTABLE WARNING SURFACE
NATIVE SOIL (FUTURE LANDSCAPE BY OTHERS)
PAVEMENT SECTION No. (SEE TX-01)
CURB CUT LOCATION STATIONING
-IRR -IRR _ IRRIGATION SLEEVE (IRRIGATION MAIN
LINE TO BE INSTALLED BY OTHERS)
GRAPHIC SCALE IN FEET
0 10 20 40
1 1 1 1
I
SAN JUAN ROAD
SAN JUAN ROAD
555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
23 Pl
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SHEET NUMBER
OF8
L-02
LAYOUT PLANS
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LEGEND
NOTES
CONSTRUCTION NOTES
F.3.a
Packet Pg. 282
,,,
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11+34.98 "SJ" 13.02' LT
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0 o 0 o 0 o 0 o 0 DETECTABLE WARNING SURFACE 0 0 0 0 0
1:::::::::::::::::1 NATIVE SOIL (FUTURE LANDSCAPE BY OTHERS) 0 PAVEMENT SECTION No. (SEE TX-01)
+xx CURB CUT LOCATION STATIONING
@ INSTALL CURB PER CITY OF HOLLISTER STD PLAN
A-8-1.
@ INSTALL CURB AND GUTTER PER CITY OF HOLLISTER STD
PLAN A-8-1.
© FUTURE LANDSCAPE AREA BY SEPARATE PLAN.
0 CONSTRUCT COMMERCIAL/INDUSTRIAL DRIVEWAY
APPROACH PER STD PLAN A-11.
® INSTALL CONCRETE SURFACE TO BE STAMPED WITH
"OFFSET BRICK" PATTERN AND COLOR "BRICK".
CONTRACTOR TO PROVIDE SUBMITTALS FOR CITY
APPROVAL.
@ INSTALL CROSS GUTTER PER CITY OF HOLLISTER STD
PLAN A-8-1.
@ INSTALL CURB TERMINATION CONFORM PER DETAIL ON
SHEET CD-01.
1. SEE SHEET TX-01 FOR ADDITIONAL NOTES.
2. SEE SHEETS CD-01 THROUGH CD-03 FOR MEDIAN AND
CURB RAMP DETAILS.
3. ALL UNDERGROUND UTILITIES SHALL BE INSTALLED PRIOR
TO THE CONSTRUCTION OF SURFACE IMPROVEMENTS.
4. CONTRACTOR SHALL VERIFY AND LOCATE ALL EXISTING
UNDERGROUND UTILITIES BEFORE CONSTRUCTION AND
PROTECT IN PLACE UNLESS OTHERWISE NOTED.
5. ANY EXISTING STRUCTURE, IMPROVEMENT, OR
APPURTENANCE TO REMAIN THAT IS DAMAGED DURING
DEMOLITION OR CONSTRUCTION SHALL BE IMMEDIATELY
REPAIRED OR REPLACED BY THE CONTRACTOR AT THE
CONTRACTORS EXPENSE TO THE SATISFACTION OF THE
ENGINEER.
GRAPHIC SCALE IN FEET
0 10 20 40
1 1~~1 1
555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
24 Pl
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DESIGNED BY
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No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
9 P-01
LAYOUT PROFILES
"GLNE" PROFILE
276
280
284
272
"GLNW" PROFILE
272
276
280
276
280
284
272 "GLS" PROFILE
276
280
284
272
276
280
284
272
276
280
272
"GLF" PROFILE
276
280
272
"GLW" PROFILE
276
280
272
276
280
272
268
NOTES
F.3.a
Packet Pg. 283
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: 8 ~ 2 ~: 2 [:;; / ; 67% J : : Qm /_ l · .
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.P.VI ... STA:.62:IJ.3 ,23 .••
PVI ELEV: 27 4. 77
• AD: 1.44%
• K:12.00
17.25' vc
.........................
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PVI STA: 62+ 79.35
PVI EL!sV: 276. 95
AD: 2.94%
K: ;39.18
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. . ..................... , . • • • • • • • •••••••••••••• f- i ~ o'\J;-~ ,,,-,-: :
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: : HORIZ: 1"=40' : : : : PVI STA:70+46.01 : PVI STA:71+44.45 : : : : : :
-: : VERT: 1 "=4' : : : : PVI ELEV: 274.62 : PVI ELEV: 273.!13 ; ; : : : :
: ; : : ; : : AD:4.01% ; AD:1.84% • ; • : : : :
• • • • • • • K:10.00 • K:20.00 • • • : : :
• • • • • • • • • • • • • • • • • • • • • • • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • ,.. • • • • • • • • • • • • • • • • • • • • • • • • ., • • • • • • • • • • • • • • • • • • • • • • • • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • ,.. • • • • • • • • • • • • • • • • • • • • • • • • ., • • • • • • • • • • • • • • • • • • • • • • • • • ••• • • • • • • • • 4· ·o· ·0·5·•· ·v·c· • • • · • · • ,.. • • · • · • • • • • · • · • • • • • · ••· • • • ., · • · • • • • • · • · • • • • • · • · • • • • • · ••· • • • • • · • · • • • • • · • · • • • • • · • · • ,.. • • · • · • • • • • · • · • • • • • · • · • • • ., · • · • • • • • · • · • • • • • · • · • • • • • · •·· • • • • • · • · • • • • • · • · • • • • • · • · • ,.. • • · • · • • • • • · • · • • • • • · • · • • • ., · • · • • • • • · • · • • • • • · • · • • • • • : : : : : : : . : 36.82 vc • • : : : :
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l
: : : : : : : Cl V : ,q-r-,..1, : : : : : :
• • • • • • • Cl O • 0 t0i • • • • •
: : : : : : : LO t0 tO O : cc CC N 1V : : : : : :
• • • • • • • N ID tO CO • NI"') IDl,[X) • -------e-----------e-----· : : : : : : : +.,; + st= : + v +I..,; : • : 1. GUTTER LIP PROFILES SHOWN FOR GENERAL : : : : : : : : R "-o "-: -"--I"-; ; : VERTICAL DESIGN INTENT AND ARE PROVIDED : •••••••••••••••••••••••• ·:· ••••••••••••••••••••••••• :· •••••••••••••••••••••••• ·: ••••••••••••••••••••••••• ·:· ••••••••••••••••••••••••• :· •••••••••••••••••••••••• ·: ••••••••••••••••••••••••• ·:· •••••• i~· ....................... ·:· ......................... :· ........................ ·: ........... FoR· .REFEREN.cE ·oN i:.Y: •••••.•.•••••.•.• :· ••.•.•••••.•.•••••.•.••• ·: .•.•••••.•.•••••.•.••••• • • • • • • • v,·· w·· •• ·• • •• •• ··I·· · · · · • • • • • • • (/) L&J • lf) w (/) ,,w • • • • • • • • • • • o o o o • u u 0 1,0 • • · · · : : : : : : ~---: > > > > : > > >i-> ---~· . : . . :
: ; : : ; : : ID ID w w • mm w 1,.w ; : 2. SEE CONSTRUCTION DETAILS AND CONTOUR :
: : : : : : : HIG 1 POINT ELEV: 27• .87 • : GRADING SHE6:TS FOR DETAILED GRADING :
: : : : : : : HIGI POINT STA: 70+8'.30 I : : INFORMATION FOR STAKING OF IMPROV5MENTS : - · · · · · · · · · · · · · · · · · · · · · · · · ·:· · · · · · · · · · · · · · · · · · · · · · · · · · ! · · · · · · · · · · · · · · · · · · · · · · · · · · ~ · · · · · · · · · · · · · · · · · · · · · · · · · ·:· · · · · · · · · · · · · · · · · · · · · · · · · · ! · · · · · · · · · · · · · · · · · · · · · · · · · · ~ · · · · · · · · · · · · · · · · · · · · · · · · · ·:· · · · · · · · · · · · · · · · · · · · ?VI· ·STA•; ·70+·96:C>4· · · · · · · · · · · · · ~ · · · · · · · · · · · · · · · --------1 · · · · · · · · · · · · · · · · · · · · · · · · · · ! · · · · · · · · · · · · · · · · · · · · · · · · · · ~ · · · · · · · · · · · · · · · · · · · · · · · · · ·. · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · · · · · · · · · · · 'lo • • • • • • • • • • • • • • • • • • • • • • • • : ; : : ; : : PVI ;ELEV: 275.06 :lJ g; : : 3. APPARENT GRADE BREAKS, HIGH, OR LOW :
• • • • • • PVI STA: 70+ 2.99 AD: 3.18% .,; .,; : : POINTS SHOWN ARE APPROXIMATE AND : SHOWN :
: : : : : : c-----PVI E;LEV: 27 ,.02 :K: 18.85 "-"------0 . : FOR REFERENGE ONLY. SEE NOTE 2. : :
: : : : : : A:D: 1.37' 60.00' VC ;!: N : : • : :
: : : : : : Ii:: 19.00 : "-.:.; • : : : :
• • • • • • • • • • • • • • • • • • • • • • • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • 1, • • • • • • • • • • • • • • • • • • • • • • • • • • I • • • • • • • • • • • • • • • • • • • • • • • • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • 1, • • • • • • • • • • • • • • • • • • • • • • • • • • I • • • • • • • • • • • • • • • • • • • • • • • • 2 §. •99'• •v-~ • • • • • • • • • • • ~ • • • • • 1, • • • • • • • • • • • • c§ • • • • • • • • • • • • I, • o , l,a.l • • • • • • • • • • -------J • • • • • • • • • • • • • • • • • • • • • • • • • • 1, • • • • • • • • • • • • • • • • • • • • • • • • • • I • • • • • • • • • • • • • • • • • • • • • • • • • •=• • • • • • • • • • • • • • • • • • • • • • • • • • ~ • • • • • • • • • • • • • • • • • • • • • • • • • • ~ • • • • • • • • • • • • • • • • • • • • • • • • : : : : : : : t00 : (0~ ~ l")ll) • : : : :
• , , • • • 0 • Cl tO CO • N ,-! V n • • : : : : ; : : ; : o · "! +st' : +v . . : : · · · . . . • • • e----o co LO U1 o r-,.. • .-I" v00 ~ --------j · · · · · ' ' ' ' ' ' Qli) NtO r-,,..N ' l"N •-: : : : : : : : : : + i ~ + l'i PROPOSED + N • • • • • : : : : : : o ~ o "-cii w Sll RFACE. "). •. cii w r:: .. . : : : : ........................ ·i· ......................... !· ...................... ·Lo:v/ POINT. ELEV:. 276 ·1·2 .. ·i· ......................... !· ........................ ·i ...................... ·: ~ .... :: ........ ·~ ~~·~~% .... ~,· ·~ ~· ........ ·r.. 5 d ...... --------j • ......................... : .. p·,x .STA; i:ici-i-,·iaa .... ·i ......................... t ......................... j· ........................ ·[ ....................... . : : LOW POINT STA: 52+66.56 : : : ~ ~ ~ ~ . : -2. J2,: O 4 ~· _ a. . PVI ELEV: 274.56 : : : :
: : PVI STA: 51+88.04 : PVI STA: 52+59.29 : : : c-----m '? :,'/~ _y--,... ; _ __.. -~ -· 8 f.o~-%" ------, • AD: 1.88% : : : :
: : PVI ELEV: 275. 78 : PVI ELEV: 276.09 : : : : b,.'o .,.. ---1. ~ ~ : ~ ......_ • K: 12.00 : : ; :
: : AD: 1.48% : AD: 1.30% : : : --: EG • 22.62' VC : : : :
-
-·························:··························!·········K:'1'2.'0'0•········~······K~~9·.0C·············:··························!··························~···•~--~ ·········:··························!··························~··············· .··························!······r,.:·····i:i>'··········~··························:······················································'l,························ : ; 17.81' vc : 24.68' vc : ; : : : : : ~ l'l :;; "-: : ; :
" 7
7 7
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lxc
: : : tO I") : : : : -----------' ' ' 01" Nr: : : : :
: : ~ ~ : "! "' : : : : HORIZ: 1 "=40' • : • 0+ t 6 ;:!: : : : : • • a, cc ...... tO • (0 N ..... N • • • • " I • • • I -O> _, • • : ; I'-v mo, : v ~ I'--: ; : : VERT: 1 =4 ; ; ; O> N " : : : :
HIGH POINT ELEV: 2 7 5.08 • + LO + LO • +"' ,t ~ · · · · · · · · ·· ·· cii w • : : :
• • •1..]I•G·R· ·po· ·Itil··r "s1·A·: • ·50·..'i,_•23·1·3· · • · • • • • • · • · • • • • • · • · • ,.. • • · • · • •"7 ~. • > . . . .
PVI STA:50+43.39 : : ciiw ciiw : : : : : • : • fi'iii'i ww : : : :
PVI ELEV: 275.20 : ~ tJ ~ ~ : u u u> u> : : : : : · · · LOW POINT ELEV: 272.65 : : :
AD:2.27% : : >> >> : >> ww : : : : : • • • LOW P01NT STA: 91+14.68 : : :
K:30.00 : : mm ww :_ mm : : : : : • : • PVl :STA:90+75.19 : : :
68.18, VC : : HIGH:OINT EL::-V: 2 6.30 : ro~ : : : : : : : PVf ELEV:272.47 : : : ....... ······· ················ .............. ··-···· ..... ~IGH .. QIN,T-.ST, w : : : : :. : ~LO~ :. ~LO·:;_ :. ~~ :. ~+·~, ~[:;j LON : LON PVI ELEV: 273.l:i6 50.00' :vc 9°5.00' VC a. : : : : '· :_: ~ , • " •·• • AD 5 35% • e----~-.... . . . . . . . N..... • N • • 0 co • • 0) .. ···t3~ ............... =·~~--...... ..,K·-\9 ·00°·:----....... ·~--.. ·----:· ··~ ... ··~· .......... :·--·--· ......... ~ .... ··:----.............. ·--~i~ ....................... :·----;..·~----......... ··:·--·iroo,······ ....... ..... . ............. ········:······· .............. ··:···· ....... 00>+~· .. ·----:.· .•••••..•••••. ·• ..... O>+~r :.······· ~£-1 ....... ··:.···· .............. ·•~·G:i_:·· ....... ·······>w ·-->> ·>> . . . . . . ., . -I'-. " " " ,-,- CDCD :ww 101.66' vc : ~~ : ~~ r=::~ : :gN : ~i~ : ffi~ : '!l-~ : · : : ±N : >: CL • I'-• I') + LO • +"' +"' • + D • +,N • + N • + N --------j : . . --LOO._.~ ✓PRPPOSED SURFACE cii w : O>.:.; : a. :
' ' .-f". 'NI", NI' ' I"')...._' 'V ·i 'LO 'tO , , >~ , §;§;: W : : : " . ~ LON : LON LON : LO N : LO-;_,.. : LO • • : LO_,•• -Q.73% r,,.. I _J • • llla:l -: WW : > : : _ : r-,.. IO : r-,.. ,. .. : .. •• .. .. : • • .. : ..!.!iW : W : W ---....... t-,..3 ~ a_ • .... .. ....... ........ :·6;! .. ··--Et;·-\·----..... ~ ........ ~~··~§Z .. ·----~· ··~~ ··~·~· ........ : .............. ··~·1~· ··:···· .............. ·--5:1 .............. ········:·····15: .............. ··!····~ ................................ ········:······· .............. ··:···· ....... .-:-:-,.,.:•.~O-!t .:-..~··:._:····· .............. ; ....... ·····1·· ....... ··(:.:~.,1,0% --· ....... ·····:· ................... . : lO N ~ : LO N Cllrll : LaJ W CIHIJ ' W J..I : :i : : • • • : 0. 40% ----./' : :
~ -"'u:· w0·· -------: ---v,u"· ~u· .,~g;% .:.. -l )3 ,r; "" / 0 : 0.40% i 0.75% : Q.56% 0.40.% • • · ~ · .,..--• • --,._ : • : I : / : :
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HORIZ: 1 ••=40'
VERT: 1 "=4'
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PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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SHEET NUMBER
OF10
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CONSTRUCTION DETAILS
NORTH
DETAIL A
DETAIL C
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CURB TERMINATION DETAIL
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GRAPHIC SCALE IN FEET
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1 1~~1 1
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LINE LENGTH
L1 11.79
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L4 11.51
L5 7.74
L6 192.63
L7 25.67
LB 13.31
L9 49.12
L10 82.64
L11 6.21
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PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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TC 275.89 ---_.._ __ .,..
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PCC TC 275.82
----17 ,t-OO
- +
I
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+ - +
--
+ 1,+36.49
vlCU.-l.,o -TYP- >>Horn
SAN JUAN ROAD
SAN JUAN ROAD
GR
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6. 0
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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DESIGNED BY
CHECKED BY
DRAWN BY
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DATE
KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF12
CD-03
CONSTRUCTION DETAILS
DETAIL H
DETAIL G
DETAIL F
NORTH
NORTH
NORTH
DETAIL J
DETAIL I
NORTH
NO
R
T
H
SEMI-MOUNTABLE ROLLED CURB
LEGEND
F.3.a
Packet Pg. 286
,,,
c_·,
·_i
c_·,
31+69.95 "SBL" 19.99' RT
SW 273.79
CONFORM
I'. )i . .
1-, 31+78.01 "SBL'
SW 274.03
>>Horn
. . TYPI CAL SECTION . .
4 .
'
"·~ J., ll'1 "l·I _ >i tJ 0 ,_n LL
TABLE
BEARING
S35"55'55.32"W
N18"00'52.54"E
S66"55' 46.87"E
N 52"58' 38. 7 4"W
S81 "59'53. 73"E
N52"58'38. 74"W
S81 "59'53. 73"E
N88"13'17. 90"W
N78"55'40.49"W
S87i0'58.91"E
S85"40'14.02"E
S11 "37'50.05"W
N29"34'55.24"E
S1 i 8'28.27"W
N29"34'55.24"E
S1 i 8'28.27"W
N78"48'12.12"W
S78"47'59.74"E
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING CHORD
C29 106.00' 18.25' S40"51'52"E 18.23'
C30 2.00· 5.66' N63"01'36"W 3.95'
C31 3.00' 4.98' N65"32'33"E 4.43'
C32 1.00' 1.97' N10"33'59"E 1.67'
C34 106.00' 55.19' S73"18'18"E 54.57'
C35 50.00' 8.11' N83"34'29"W 8.10'
C36 1.00' 3.00' N6"56'40"E 1.99'
C37 500.00' 35.35' N83"38' 43"E 35.34'
C38 3.00' 4.88' S34"59'41"E 4.36'
C39 49.00' 17. 78' S89i1 '46"W 17.68'
C40 3.00' 8.34' N0"48'03"E 5.90'
C41 49.00' 17.78' S89"11'51 "E 17.69'
C42 3.00' 8.34' S0"48'20"W 5.90'
C43 5.00' 7.69' S35"00'52"E 6.95'
C44 5.00' 7.36' N58"45'36"W 6.71'
28+00
DELTA
9·51 •54"
162"04'57"
95·03'21 •
112"43'36"
29"50'00"
9i 7'37"
171"44'42"
4"03'02"
93;5'02·
20'47'08"
159'12'31"
20·47'42•
159"12' 40"
88"06'53"
84"20'11"
TANGENT
9.15'
12.69'
3.28'
1.50'
28.24'
4.06'
13.86'
17.68'
3.18'
8.99'
16.35'
8.99'
16.35'
4.84'
4.53'
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18+ 71.38 "SJ" 5.20' RT "~" lti:-
19+00 _ ----SW 276.15 ------+-19+32.69 "SJ" 13.98' RT
---;-;18;--:-+77.35 "SJ" 5.59' RT TC 275.88
SW 276.15 19+25.71 "SJ" 13.25' RT
-~--L...._ ·~·~~ TC 275.91
19+17.83 "SJ" 14.52' RT
SW 275.80
19+10.92 "SJ" 18.26' RT
SW 275.47
18+76.79 "SJ" 11.38' RT
SW 275.85
18+71.00 "SJ" 11.11' RT
SW 275.87
-~..,.~----!
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.--,'-i ----i------+ ----,........,, -~
4 ...
19+03.40 "SJ" 31.62' RT
TC 275.29
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=====~===1~,---___ R/W 19+25.05 "SJ" 19.72' RT
SW 275.47 ---
18+ 74. 91 "SJ" 29.81' RT
TC 274.97
24+ 79.82 "WBT" 1.00' RT
TC ROLLED CURB 274.15
24+48.80 "WBT" 1.00' RT
TC ROLLED CURB 274.22
24+48.58 "WBT" 7.20' RT
TC ROLLED CURB 274.64
24+79.46 "WBT" 7.32' RT
TC ROLLED CURB 274.49
SCALE: 1 "=1 O'
SCALE: 1"=10'
19+32.09 "SJ" 20.41' RT
SW 275.45
-------..:
GRAPHIC SCALE IN FEET
0 5 10 20
1 I I I
GRAPHIC SCALE IN FEET
0 5 10 20
1 1~~1 1
555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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DESIGNED BY
CHECKED BY
DRAWN BY
SCALE
DATE
KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF13
CD-04
CONSTRUCTION DETAILS
REINFORCED CONCRETE RETAINING WALL TYPE 6A (CASE 1) DETAIL
DECOMPOSED GRANITE PED PATH DETAIL
NTS
RETAINING WALL (TYPE 6A) DETAIL
F.3.a
Packet Pg. 287
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#5@ 16
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1-Typ
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CON F IGURA TION
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CONCRETE STEM
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SYMBOLS:
Ser -se,v i ce I i m i t s t a t e I
St, -strength limit state I
Ex t extre me event I i mit s t ate
B' -effect i ve f oot i ng w i dth (ft)
0 i sT COUN TY ROUTE POST MI LES SHEET TOTAL
TOT AL PROJECT Na, SHEE TS
R Gl 5 TERED CIVIL NGINEER
May 31, 20 1 8
Gory Won
q 0 -ne t bea r ing stress (ksf), OG assumed to be F G a t toe q 0 -gross u nifor m bea ri ng st r ess (ksf)
PLANS APPROVAL DATE
THE STATE or {',Jt.f/:Oli'NIA OR ITS NFIC£RS
OR ACENTS SlfAU NOT BE RESPONSIBLE FOR
fHE A(Cf.JRACY OR C"OMPL/:7.(N f!SS Of' SCANN['f}
COP/£5 OF Th'/5 .Pt.AN SH££(.
D . C582'98
xp .6-:50 -18
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EXCEPT CONTIN UOUS
PERV[OUS BACK FI L L
NOT REQUIRE D
NOTES:
1. For d etai Is not s hown at "6B " s ee "6A" simila r ly, for d etoi Is not shown at 11 6A 11
: see 11 6B 11
:
DESIGN NOTES:
DESIGN:
LS:
SElSM[C:
AASHTO L RF O Bridge Des i gn Speci f i cat i ons,
4th Ed i tion wi t h Cal i f orn i o Amendments
Bu i I d i ng Code Requ i ,ements f or Masonry Struct u res (T MS 4 02 -08/ACI 530 -08/ASC E 5 -08 )
240 ps f surcharge on l evel ground su r face as
l i m ited by Gua r d Railing l o ca ti o n
kr-, = 0 .2
kv = 0.0
SOlL: ¢ = 34°
r = 120 pcf
REJN F ORCED
CONCRETE: f'c = 3,600 ps i
fy = 60,000 psi
REJN FORCED
2 x to RECYCLED P LAS TI C
LIJJ!.IB ER HEADEREOARlll
(TYP. SOTil S IDES)
6" il"iH I CK MIH IM lf.M CAl\.ll!'ORN!A GOOD DECOM POSED GRANITE COMPACT ED TO 00% W ITH PR E-EM ERGENT
\'/EE O COHIBOL APP LICATION AN D SO IL SED IM EITT
STAB ILI ZE R TYPE 6A WALL 2 . Des i gn loadin~ for both Type "6A" and "6B" is as shown at '6B".
MASONRY: f m' = 1,500 psi
f y = 60,000 psi
NOTES:
-,, . ·.-
4" Cl.ASS 2 AJl.
2 • 4 -~ 2'@ 5' O.C ~l E'RCHkNTABLE HEAR T, OO UBLIE AT SPI.JI CES Wfl. 16d GA.LVA N@ED HOT DlP BOX NA11_S Pffi STAKE . P RE D R ILL TOA.I/OJ[) SPlJlmNG
1. ALL PED PATHS SHALL HAVE A MINIMUM 4' CLEAR PASSAGE,
FREE OF OBSTRUCTIONS AND/OR HINDRANCES, AS OUTLINED
IN TITLE 24 OF CALIFORNIA BUILDING CODE.
2. ALL DECOMPOSED GRANITE PED PATHS SHALL BE CALIFORNIA GOLD DECOMPOSED GRANITE.
ITTn Know what's below.
~ Call before you dig.
FG
~ '-0" Mi n FOR TYP E 6A WALL
5'-0 " Min FOR TYP E 68 WALL
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7 .I
TYPE
280
276
272
270
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68 3 . Type 6 retaining wa l l sha l I be I i mi t ed to use for wal Is o f Design H of 6'-o " o, less.
4 . Where traffic i s adj acent to the top of wa l I, gua r d rai I ing shou l d be set back f rom the t op f ron t face of wal I at l east ~'-0" o r 5 '-0", dependen t o n wa l I type.
LOAD COMBJNATIONS ANO LIMI T STATES:
Service I O = 1 .OO DC+1.00EV+1.00EH +1 .OO L S
St r ength l Q = u DC+f)EV+~EH +1. 75LS
Ex t reme I O = 1 .OODC+1.00EV+1.00EH +1 .00EOD+1 .OOEQE Where:
LlVE LOAD
SURCHARGE AT 1 '-0"
CLEAR OF GUARD
RAILING
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5 . For rei n forced concrete wa l I ste m joi n t d e toi Is , Se e ~ a n d 6 . No sp l i ces are al l owed on@ba,s. 3 -3
Q:
u :
f): ~= DC:
Force Effects
1 .25 o r 0.90, Whichever Con t rols Des i gn
1.35 or 1 .00, Wh i chever Controls Des i gn
1 .50 or 0.90, Wh i chever Controls Des i gn
Dead Load o f Struc t u r e Compon e n t s
Horizontal Ear t h F i l I Pressure
REINFORCED I
CONCRE T E STEM
X
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WALL
Beg WALL
S'.f'.A:-16+2-1-.---2:
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OFF: 10.53' R~\
"SJ" LINE
ctEV:-274~76
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ELEV: 272. 75-I
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7 . See "Re t aining Wa l I T ype 6 Deta i ls " sheet for E l eva t i on View a n d Footing St ep Detai Is.
a BARS
/
60-3
3-1
EXCEP T CONT[NUO U S
PERVIOUS BACKFILL
NOT REQUIRED
.--------------3
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TYPE 6A WALL
DES [GN H
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Se ,: B' • q 6
St r: 8 1 , Oo
Ex t : 8 1
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TYPE 6B WAL L
DES [GN H
w
@ BARS
(e) BARS
Se r : B', Oo
St ,: B', qo
Ex t : B', qo
a'fA:-16~62,2~
OFF: 9.87' RT
"SJ" LINE
cCE\/:275:87 \
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/ / / / I/
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VERTICAL SCALE: 1 "=1 Q'
HORIZONTAL SCALE: 1'=10'
-TABLE
-TABLE
/ I
EH:
EV:
L S:
EOE :
EQD :
Vertical Ear t h Pressure f r om Earth F il I We i ght
Live Load Su r charge
Seismic Ear t h Pressure
Soi I and St,u c t uro I a n d Nons t ructural Components
OF REINFORCING STEEL, DIMENSIO NS AND DATA
3 f -4 II 4 / -O I i
3 '-0 " 3 '-3"
!1 5 @ 16 !15 @ 1 6
2,8, 0,2 3 .0, 0 .3
2.7. 0.6 2,9, 0.7
1 ,7,0 .8 1 .6, 0.9
OF REINFORCING
3 '-4" 4 , -O "
3 '-0 " 3' -9 "
#5 @ 1 6 ;,5 @ 1 6
#5 @ 1 6 ;,5 @ 1 6
2 .6, 0.4 3.4, 0 .4
2 .6, 0. 8 3.3, 0 .9
1 , 5, 1 • 1 2 .0, 1.1
4 '-8 " 5 '-4 " 6' -0 "
3 1 -8 11 4 1-211 4 ' -8 11
#5@ 1 6 !15 @ 1 6 !15 @ 16
3.4 , 0.3 3.8, 0 .3 4,3, 0.3
3.2. 0 .7 3.6. 0.7 3,3 0.6
1. 7, 1.0 2 .0,1.0 2 . 1 , 1 , 0
STEEL, DIMENSIONS AND DA TA
41 -8 11
4 '-0 11
!15 @ 1 6
#5@ 16
2.7,0.8
1 .7. 1.6
2.0, 1 .4
5 1 -4 II 6 1 -0 11
4 '-6 11 4 ' -9 11
*5 @ 16 #5@ 16
#5 @ 16 #5@ 16
3.1,0.8 3 .2, 1 .0
2 .1. 1.6 2 .0.1 .8
2.2,1.5 2. 1 1 . 9
STA TE OF CALIFORNIA
DEPAR TME NT OF TRANSPOR T AT I ON
Iner ti a
RETAINING WALL TYPE 6 (CASE 1)
NO SCA L E
B3-7A
I END WALL 280
~ TA:l7'F33;o,
OFF: 8.43' R~ '""""'-.
"SJ" LINE
ELEV: 276.13
"" 276
RETAINING WALL
/ / ), / I / / I 272
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ELEV: 273.48 270
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BRIDGE ROAD
SAN JUAN ROAD
555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
23 Pl
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No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF14
CG-01
CONTOUR GRADING PLANS
NOR
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---276
275.63
20+60
275.66
20+70 -
I
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276 276-------"'~~=-~~ ......
_/ 275 50 275 54 275.54 275.541 --275.69 275.40--275 .45__ . 21+0 30 21+40 __ 21+50_ 275.67 20+90 21+00 21+10 21+20----~~~ 20+80 -I i '---"-1-,
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, --::::::::::::: 27 J
----273 272 -----~~211 __
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' 275.54 275.57 275.60 275.59 275.58 275.55 275.52 275.53 275.55 275.57 275.59 275.60 ?7S n4 275.69 275.78 ___ 21+60 21+70 21+80 21+90 22+00 22+10--22+20--22+30--22+40 __ 22+50 22+60 22+70 "WBT" LINE 22+90 23+00 276 ~ \
~---
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160+00
264.02
160+10
264.49
160+20
264.86
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23+10 23+20
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275.68
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274.69
24+10
274.47
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24+30 -276
276 -14+ 50
14+40 274.64
L==Jrn================~;~=jt=~~===~~=s"s~J~"~L~IN~E~-===~=-===filt-::_::=_::=_:_:.=-2-=7-6=======================-----tl-{t-------------------13+00 14+00 -I ---14+10 14+00 275.27 -
14+20
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14+30 274.80 / 274.98/
274.61
274.72 50+80 --
~ >if--12 30 12 40 12+50 12+60 275~2+70 --11+70--11+80--11+90--12+00 12+10 12+20 + + 11+50 11+60 274.89 274.90 274.92 274_93·--274.95--274.96 _ __,274.98--274.99--275.01--275.03 275.05 274.83 274.89
I ~ 272---
273
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®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
NORTH
PROFILE - 10" WATER LINE
PLAN
DRAINAGE NOTES UTILITY NOTES
GENERAL NOTES (ALL DRAINAGE AND UTILITY PLAN SHEETS):
17 DP-01
DRAINAGE & UTILITY PLAN AND PROFILE
LEGEND
1 2
3 4
5 6
7 POSITIVE POTHOLE INFORMATION
F.3.a
Packet Pg. 291
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1. ALL LOCATIONS OF UTILITIES SHOWN ARE APPROXIMATE.
CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY EXACT
LOCATIONS OF ALL UTILITIES.
5. SEE DEMOLITION PLANS FOR SIGNAL REMOVAL AND EXISTING STREET LIGHT INFORMATION.
2. CONTRACTOR IS RESPONSIBLE FOR COORDINATING AND
CONTACTING ALL UTILITY COMPANIES PRIOR TO
CONSTRUCTION.
6. CONTIRACTOR TO VERIFY EXISTING ABANDONED STORM DRAIN IS ABANDONED.
3. ALL VALVES AND MANHOLES NOT CALLED OUT AND ARE
WITHIN THE PROJECT LIMITS SHALL BE ADJUSTED TO GRADE
AS NEEDED UNLESS OTHERWISE NOTED.
4. SEE LIGHTING AND ELECTRICAL PLANS FOR NEW LIGHTING
INFORMATION. CONTRACTOR SHALL NOTIFY ENGINEER PRIOR
TO CONSTRUCTION.
0 INSTALL 18" HDPE STORM DRAIN PIPE.
LENGTH PER PLAN.TIRENCH PER CITY
STANDARD PLAN E-3-1 AND E-4-2.
@ INSTALL CURB INLET PER CITY
STANDARD PLAN D-3-1 AND D-3-2.
© INSTALL 15" HDPE STORM DRAIN PIPE.
LENGTH PER PLAN. TIRENCH PER CITY
STANDARD PLAN E-3-1 AND E-4-2.
® INSTALL TYPE II STANDARD MANHOLE
PER CITY OF HOLLISTER STD PLAN
D-2-1.
© INSTALL FIELD INLET WITH 5'
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-
----E/PM
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ELECTIRIC
NATURAL GAS
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SANITARY SEWER
TELEPHONE
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DOMESTIC WATER
OVERHEAD ELECTRIC
PROPOSED STORM DRAIN
X
CD EXISTING UTILITY TO REMAIN, PROTECT
IN PLACE.
0 REMOVE EXISTING UTILITY.
@ ADJUST TO GRADE.
© INSTALL 21" PVC SDR-26 SEWER
PIPE. LENGTH AND SLOPE PER PLAN.
® INSTALL 10" AWWA C-900 PVC WATER
LINE.
INSTALL 45 DEGREE BEND AND
THRUST BLOCK PER CITY OF
HOLLISTER STD DET B-9-1 & B-9-2.
(j) INSTALL VALVE PER CITY OF
HOLLISTER STD DET B-2.
® INSTALL NEW WATER LINE 4' O.C.
FROM EXISTING WATER LINE.
CONTIRACTOR TO REMOVE EXISTING
LINE AND REPAIR CONNECTIONS TO
NEW WATER LINE.
® REMOVE TOP AND CONCRETE CAP 1'
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*CONTIRACTOR TO FIELD VERIFY EXISTING
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STA: 16+63.41
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DEPTH FROM TOP OF UTILITY TYPE EXISTING GRADE TO PIPE ELEV UTILITY TYPE
TOP OF PIPE
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~ 3• GAS 4.82' 276.98 ~ 10" WATER
~ 3• GAS 3.66' 277.46 ~ COMM
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4.42' 274.98
4.40' 274.51
3.50' 274.21
--+----•--.--i:
8 4
VERTICAL 2
GRAPHIC SCALE
IN FEET O
GRAPHIC SCALE IN FEET
0 10 20 40
1 1~~1 1
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255
260
265
270
275
280
250
255
260
265
270
275
280
1'
M
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
WEST GATEWAY
ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF18
DP-02
DRAINAGE & UTILITY PLAN AND PROFILE
PROFILE - 18" STORM DRAIN
DRAINAGE NOTESLEGEND GENERAL NOTES (ALL DRAINAGE AND UTILITY PLAN SHEETS):
UTILITY NOTES
F.3.a
Packet Pg. 292
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-----0/E-----
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1. ALL LOCATIONS OF UTILITIES SHOWN ARE APPROXIMATE.
CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY EXACT
LOCATIONS OF ALL UTILITIES.
2. CONTRACTOR IS RESPONSIBLE FOR COORDINATING AND
CONTACTING ALL UTILITY COMPANIES PRIOR TO
CONSTRUCTION.
3. ALL VALVES AND MANHOLES NOT CALLED OUT AND ARE
WITHIN THE PROJECT LIMITS SHALL BE ADJUSTED TO GRADE
AS NEEDED UNLESS OTHERWISE NOTED.
4. SEE LIGHTING AND ELECTRICAL PLANS FOR NEW LIGHTING
INFORMATION. CONTRACTOR SHALL NOTIFY ENGINEER PRIOR
TO CONSTRUCTION.
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GRAPHIC SCALE IN FEET
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
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CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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555 CAPITOL MALL, STE 300 SACRAMENTO, CA 95814
PHONE: 916-858-5800
WWW.KIMLEY-HORN.COM
®
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ROUNDABOUT
CALIFORNIAHOLLISTER
197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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197008184
2/08/2023
© 2023 KIMLEY-HORN AND ASSOCIATES, INC.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 8, 2023 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
Housing
Christine Hopper, Development
Services Director
CONTACT: Jamila Saqqa, Housing Program
Coordinator
831-636-4300 x13
TITLE OF ITEM: AFFORDABLE HOUSING REVIEW
BRIEF DESCRIPTION: Staff to provide an informational presentation regarding affordable housing within the City of Hollister’s jurisdiction.
RECOMMENDATION: Receive a presentation. No Council action required.
DEPARTMENT SUMMARY: Planning Commission requested and received a presentation regarding affordable housing at the December 15, 2022 Planning Commission meeting. With the inclusionary ordinance planned to come before the Planning Commission and City Council Staff seeks to provide an informational report on affordable housing concepts.
ATTACHMENTS:
1. February 2023 City Council Affordable Housing Presentation
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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Affordable Housing Review City CouncilFebruary 21, 2023 Jamila Saqqa
City of Hollister
Housing Programs Coordinator
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Purpose of Presentation•At the November 17, 2022 Planning Commission Meeting members requested an overview of area
median income and affordable housing definitions to
gain a better understanding affordable terms.
•At the December 15, 2022 Planning Commission
Meeting Staff provided this same presentation, as
requested
•In preparation for the review of the inclusionary
ordinance staff is providing an introductory review.
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Presentation Overview •Discuss affordable policies and guidelines •Discuss affordable definitions and provide
examples
•Discuss affordable housing tools and
future policies
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Affordable Housing Policies•Housing Element
•Regional Housing Needs Allocation (RHNA)
•Area Median Income (AMI)
•Acutely-Low Income (0-15% AMI)
•Extremely-Low Income (15-30% AMI)
•Very -Low Income (30-50% AMI)
•Low-Income (50-80% AMI)
•Moderate Income (80-120% AMI)
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Area Median Income (AMI) Determination•California State Income Limits for 2022 •Area Median Income (AMI) values used to
calculate affordable housing costs for
applicable housing assistance programs
•Establishes median income values specific to
each California County
•Updated by Housing Community Development
(HCD) every Spring
•Effective Upon Release
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2022 San Benito County Area Median Income (AMI)
Household
Size
1 2 3 4 5 6 7 8
2022
San Benito
County
Area
Median
Income
$105,100
Acutely-
Low
11050 12600 14200 15750 17000 18250 19550 20800
Extremely-
Low
22100 25250 28400 31550 34100 37190 41910 46630
Very -Low
Income
36800 42050 47300 52550 56800 61000 65200 69400
Low-
Income
58900 67300 75700 84100 90850 97600 104300 111050
Median
Income
73550 84100 94600 105100 113500 121900 130300 138750
Moderate
Income
88250 100900 113500 126100 136200 146300 156350 166450
California State Income Limits for 2022
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Affordable Housing ExamplesAffordability Determination Caveat The following examples are basic examples of maximum affordable for-sale and rental prices. There are several factors to consider when determining a maximum for-sale or rental price factors including, but are not limited to: approved Development Agreement definitions, interest rate, inclusion of utility/repair expenses, household size, and utility allowance.
The examples presented in the presentation indicate basic factors considered as part of the maximum list and rental prices.
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Affordable Homeownership Sale Price•Moderate Sale Price State Health & Safety Code 50052.5 Definition
•For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size
appropriate for the unit.
•Provides definition for extremely-low to moderate income •Moderate -Income Affordable Definition for 4 person
Household
•.35*1.10*$105,100 (AMI)=$40,463/12 months=
•$3,371 estimated maximum mortgage
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Affordable Homeownership Sale Price Example•Moderate -Income Sales Price Example •3 Bedroom Unit, 4 person Household
•Moderate Income 110% AMI: $115,610
•CAL HFA Interest Rate: 6.8%
•5% down payment
•30 Year Fixed Rate Loan
•Includes: Property Tax, Mortgage Insurance, Homeowner’s Insurance
•Does Note Include: Utilities or Repair
•Estimated Maximum Moderate Sales Price: $448,000
•Estimated Maximum Mortgage: $3,371
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Affordable Homeownership Sale Price Example•Moderate -Income Sales Price Example •3 Bedroom Unit, 4 person Household
•Moderate Income 110% AMI: $115,610
•Interest Rate: 8%
•3% down payment
•30 Year Fixed Rate Loan
•Includes: Property Tax, Mortgage Insurance, Homeowner’s Insurance
•Does Note Include: Utilities or Repair
•Estimated Maximum Moderate Sales Price: $398,000
•Estimated Maximum Monthly Mortgage: $3,371
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Affordable Rental Price Example•Affordable Rental Housing Development State Health & Safety Code 50053 Definition
•For very-low income households, the product of 30
percent times 50 percent of the area median income
adjusted for family size appropriate for the unit.
•For lower income households the product of 30
percent times 60 percent of the area median income
adjusted for family size appropriate for the unit.
•Provides definition for extremely-low to moderate
income
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Affordable Rental Price Example
•Rental Unit to include reasonable utility allowance
•Housing Authority Utility Allowance
•Very -Low Income Affordable Definition for 4 person rental •.30*.5*$52,550(AMI)=$7,882/12 months=
•$656 estimated maximum rental expense
•Lower-Income Affordable Definition for 4 person rental •.30*.6*$84,100(AMI)=$15,192/12 months=
•$1,266 estimated maximum rental expense
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Housing & Urban Development (HUD) Fair Market Rent•San Benito County 2023 Fair Market Rent •The FY 2023 Fair Market Rents for San Benito County, CA HUD Metro FMR Area are based on the results of a local rent survey conducted in June, 2022
Final FY 2023 Fair Market Rents by Unit Bedrooms
Efficient One-
Bedroom
Two -
Bedroom
Three-
Bedroom
Four-
Bedroom
Monthly
Expense $1,441 $1,637 $2,155 $3,063 $3,671
HUD FY 2023 Fair Market Rate Documentation System
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Affordable Housing Tools•Inclusionary Policy
•Updated & Approved Housing Element
•Zoning Policies
•Infill
•Mix Type Housing
•Accessory Dwelling Units
•State/Federal Grants
•Housing Authority
•HOME
•CDBG
•Tax Credits
•Housing Trusts
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Future Steps •Submit ADU Site-Plan RFP
•Review inclusionary housing ordinance
•Housing Element 2023-2031 Update
•Released RFP and will be presenting a contract at future date G.1.a
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Jamila Saqqa
City of Hollister Housing Programs Coordinator
[email protected]
QUESTIONS?
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 8, 2023 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Mark Falgout, Acting City
Engineer
CONTACT: Socorro Zendejas, Associate
Engineer
TITLE OF ITEM: INFORMATIONAL REPORT TO THE CITY COUNCIL OF THE CITY
OF HOLLISTER PROVIDING INFORMATION REGARDING AN AFTER-STUDY FOR
TRAFFIC CONTROL MEASURES INSTALLED AT BUENA VISTA ROAD AND AT CENTRAL AVENUE.
BRIEF DESCRIPTION: This is an informational report to the City Council regarding the after-study analysis for the traffic calming measures that were implemented at Buena Vista Road as well as at Central Avenue.
RECOMMENDATION: City Council receive the informational report for the after-study analysis related to recently implemented traffic calming measures.
DEPARTMENT SUMMARY: Staff will provide a brief informational report related to the after-study analyses that were performed to evaluate traffic operations following the implementation of roadway and traffic calming improvements at Buena Vista Road and at Central Avenue.
ATTACHMENTS:
1. BuenaVista_TC_Afterstudy_wAppendix_20230111
2. Central_TC_Afterstudy_wAppendix_20230111
3. TC Afterstudy_CityCouncil_20230208_Final
4. TC Afterstudy_CityCouncil_20230208
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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1 TECHNICAL MEMORANDUM
To: City of Hollister
From: Derek Wu P.E., Frederik Venter P.E., Mark Falgout P.E.; Kimley-Horn and Associates, Inc.
Date: January 11, 2023
Re: Buena Vista Road Traffic Calming After-Study
1. Introduction
This technical memorandum presents a Year 2022 after-study analysis for Buena Vista Road in Hollister, California. The City of Hollister constructed roadway and traffic calming improvements along Buena Vista Road from the western city limits to San Benito Street to control vehicle speeds in the residential neighborhood. To evaluate traffic operations following construction of these improvements, an after- study analysis using new traffic data was prepared. Figure 1 presents an overview map of the project study area.
Figure 1 – Project Overview Map
2. Before-Study Roadway Conditions (Year 2015-2021)
Buena Vista Road is an existing east-west two-lane collector roadway, is approximately 1 ¾ miles long between the western city limits and San Benito Street and has an asphalt paved roadway width that varies between approximately 26 and 60 feet (curb to curb). The City recently extended Buena Vista Road with the North Street improvement project between Locust Avenue and San Benito Road. The study roadway includes one lane in each direction of travel, class II bike lanes, and on-street parking on the south side of the street. Buena Vista Road provides access to single family dwellings, Calaveras Park, and Calaveras Elementary School. The existing speed limit ranges between 25 to 35 mph along the corridor.
Buena Vista Road is identified as a key roadway corridor for future improvement from the 2020 City of Hollister Complete Street Plan. The goal of the plan is to provide near-term and long-term complete street improvements for all users including pedestrians, bicycles, transit, and automobiles.
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2 A traffic calming study and public outreach effort for Buena Vista Road was conducted from January to September 2021 to assess the existing neighborhood conditions. Two virtual public meetings were hosted by the City and Kimley-Horn to share information and gather feedback from the local community.
Vehicle Speed and Volume Data
Average daily traffic (ADT) volumes along Buena Vista Road were determined from traffic data analyzed for the Woodle Pre-Zone and Annexation TIA dated December 2018. Existing traffic counts on Buena Vista Road were collected by Hexagon in September 2018 where ADT and average vehicle speeds were obtained using pneumatic tube counters. Between Locust Avenue and San Benito Street, an additional speed survey was conducted by City staff in August 2021 after completion of the Buena Vista Road / North Street extension project.
In addition, a Hollister Engineering and Traffic Survey, which included analysis of Buena Vista Road, was prepared by TJKM in February 2018. This citywide survey was conducted to evaluate the posted speed limit for several segments within Hollister and recommend speed limit changes, if any, in accordance with the State of California Vehicle Code regulations and guidelines. For Buena Vista Road, the recommended speed limit was increased from 30-mph to 35-mph and traffic counts for this study were collected between 10/17/2017 and 10/18/2017.
The 85th percentile speed represents the speed at or below which 85% of the drivers travel on the road segment. Motorists travelling above the critical 85th percentile speed are considered to be exceeding the safe and reasonable speed for road and traffic conditions. Speeding is generally considered significant if the observed 85th percentile speed exceeds the posted speed limit by more than 5 mph. Table 1 summarizes the Before-Study traffic conditions.
Table 1 – Buena Vista Road Before-Study Volume and Speed Summary Traffic Count Date 10/17/2017 9/13/2018 8/11/2021
Count Source TJKM Hexagon (Woodle TIA) City Hollister
Count Location East of
Beresini Ln
West of
Gonzalez Dr
West of
Westside
Blvd
East of
Westside
Blvd
East of Fern
St
Travel Direction EB WB EB WB EB WB EB WB EB WB
Average Daily Traffic (ADT) 1428 1579 1482 1483 1849 1619 1111 1138 2743 2497 50th % Speed (mph) 36 36 36 36 N/A N/A N/A N/A 43 43
85th % Speed (mph) 43 43 43 43 42 44 43 34 51 51
10 mph Pace Speed 32-
41 32-
41 29-
38 29-
38 N/A N/A N/A N/A N/A N/A
Posted Speed Limit (mph) 35 35 35 35 25 25 35 35 30 30
Speed Delta (85th - Posted) 8 8 8 8 17 19 8 -1 21 21
For Buena Vista Road, the total average daily traffic varies between 1,100 to 2,750 vehicles in the eastbound direction and 1,100 to 2,500 vehicles in the westbound direction. The 85th percentile vehicle speed ranges between 34 mph to 51 mph along the corridor. The section of Buena Vista Road with the G.2.a
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3 fastest observed vehicle speeds occurs east of the Fern Street intersection while the slowest observed vehicle speeds occurs east of the Westside Boulevard intersection.
From the collected data, 9 of the 10 speed surveys indicate that the 85th percentile vehicle speeds exceed the posted speed limit by more than 5-mph.
Collision Data
Collision data from July 2015 to December 2021 along Buena Vista Road was also obtained using the State Integrated Traffic Records System (SWITRS) database. SWITRS is a tool which California Highway Patrol (CHP) staff and members of its Allied Agencies throughout California can request various types of statistical collision reports in an electronic format. Table 2 summarizes the reported traffic collisions on Buena Vista Road.
Table 2 – Buena Vista Road Collision Data (2015 to 2021) Year Collision Location
Primary
Collision
Factor
Collision
Type
Collision
Severity
Vehicle Collision
Involved With
2015 Brandy Ct Intersection Improper Turn Hit Object PDO Fixed Object 2015 Almond Ct Intersection Unknown Hit Object PDO Fixed Object 2016 East of Gonzalez Dr Improper Turn Hit Object COP Other Object 2016 West of Gonzalez Dr ROW Auto Sideswipe COP Motor Vehicle 2018 Westside Blvd Intersection Wrong Way Other COP Other Object 2018 East of Line St Unknown Hit Object PDO Other Object 2018 Miller Rd Intersection DUI Other PDO Parked Vehicle 2020 East of Aguirre Dr ROW Auto Head-On VIS Motor Vehicle 2020 Carnoble Dr Intersection ROW Auto Broadside PDO Motor Vehicle 2021 East of Beresini Ln Unsafe Speed Hit Object PDO Fixed Object 2021 Brandy Ct Intersection Improper Turn Hit Object PDO Fixed Object 2021 Line St Intersection ROW Auto Broadside PDO Motor Vehicle 2021 East of Miller Rd Unknown Rear End PDO Motor Vehicle 2021 Gonzalez Dr Intersection Stop Violation Sideswipe PDO Motor Vehicle 2021 West of Westside Blvd Improper Turn Sideswipe PDO Fixed Object 2021 West of Monterey St Improper Turn Rear End PDO Bicycle 2021 Locust Ave Intersection Unsafe Speed Hit Object PDO Fixed Object Note: COP=Complaint of Pain, PDO=Property Damage Only, VIS=Other Visible Injury
Between July 2015 and December 2021, there were 17 reported collisions along Buena Vista Road which include nine (9) collisions with stationary objects, seven (7) collisions with other motor vehicles, and one (1) collision that involved a bicycle. The most common collision factor consisted of unsafe speeds, improper turns, or drivers not providing sufficient vehicle right-of-way.
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4 Traffic Calming Improvements
Based on community input and City direction, a draft traffic calming improvement plan was prepared by Kimley-Horn in July 2022. The final PS&E design submittal is currently in progress; however, the proposed roadway improvements along Buena Vista Road would consist of the following features:
1. Slurry seal the roadway pavement on Buena Vista Road between the western City limits and Locust Avenue. (Currently not installed in the field)
2. Stripe 10.5 to 11-foot-wide vehicle travel lanes in the eastbound and westbound directions between the western City limits and Locust Avenue. (Currently not installed in the field)
3. Stripe 5-foot-wide Class II bike lane with a 2-foot hatched bike buffer and a 7-foot-wide shoulder for on-street parking in the eastbound and westbound directions between the western City limits and Locust Avenue. (Currently not installed in the field)
4. Install green bike pavement markings at intersection conflict areas between the western City limits and Locust Avenue. (Currently not installed in the field)
5. Install a 9 to 12-foot-wide hatched median center turn lane to separate the vehicle travel lanes at the following locations: (Currently not installed in the field) a. 600-ft west of Gonzalez Drive intersection to Miller Road intersection b. Line Street intersection to Almond Court intersection
6. Install a series of raised rubber speed cushions with MUTCD warning signs in the eastbound and westbound directions at the following locations:
a. 200-ft east of Beresini Lane intersection
b. 100-ft west of Aguirre Drive intersection
c. 100-ft east of Ranchito Drive intersection
d. 100-ft east of Carnoble Drive intersection
e. 250-ft east of Vista View Lane intersection
f. 100-ft west of Gonzalez Drive intersection
g. 100-ft west of Miller Road intersection
h. 400-ft east of Miller Road intersection
i. 200-ft east of Marille Lane intersection (at Calaveras Elementary School) j. 300-ft west of Westside Boulevard intersection (at Calaveras Park) k. 100-ft east of Westside Boulevard intersection
l. 100-ft east of Line Street intersection
m. 350-ft west of Locust Avenue intersection
n. 150-ft east of Locust Avenue intersection (Currently not installed in the field) o. 400-ft east of Fern Street intersection (Currently not installed in the field) p. 600-ft west of Raven Street intersection (Currently not installed in the field)
7. Construct ADA compliant pedestrian curb ramps with triple four pedestrian crosswalk markings at the following locations: (Currently not installed in the field) a. Carnoble Drive intersection
b. Gonzalez Drive intersection
c. Miller Road intersection
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5 d. Calaveras Elementary School driveways
e. Westside Boulevard intersection
f. Vista Lane intersection
g. Almond Court intersection
h. Locust Avenue intersection
8. Construct a raised center median with a rapid rectangular rapid flashing beacon (RRFB) crossing system and crosswalk striping at the Buena Vista Road / Line Street intersection. (Currently not installed in the field)
It should be noted that the Buena Vista traffic calming plans are still in progress. Therefore, the most recent site visit of Buena Vista Road observed that the proposed slurry seal, curb ramp, and road diet striping improvements have not been constructed in the field; however, most of the vertical speed cushions have been installed along the corridor.
The Buena Vista Road final traffic calming report, traffic count data, and 90% progress PS&E design drawings are provided in Attachment A and Attachment B of the Appendix.
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6 3. After-Study Roadway Conditions and Analysis (Year 2022) Vehicle Speed and Volume Data
Although only a portion of the Buena Vista traffic calming improvements are installed along the corridor, Kimley-Horn coordinated with a subconsultant to collect updated 24-hour speed and volume traffic counts on Buena Vista Road. The objective of this data collection effort involves placing tube-counters at several locations to confirm the peak traffic volumes and 85th percentile vehicle speeds. The traffic data collection was conducted on Wednesday November 9, 2022, by All Traffic Data during clear favorable weather conditions, when school was in session, and not during a holiday week. Table 3, Figure 4, and Attachment C of the Appendix summarize the Year 2022 After-Study traffic conditions.
Table 3 – Buena Vista Road After-Study Volume and Speed Summary Traffic Count Date 11/9/2022
Count Source All Traffic Data
Count Location East of
Beresini Ln
West of
Gonzalez Dr
West of
Westside
Blvd
East of Line
St
East of Fern
St
Travel Direction EB WB EB WB EB WB EB WB EB WB
Average Daily Traffic (ADT) 1159 1041 1233 1089 1931 1817 2626 2943 3259 3502 50th % Speed (mph) 26 26 24 26 19 22 17 18 35 35
85th % Speed (mph) 31 32 29 32 24 28 21 23 39 40
10 mph Pace Speed 21-
30 21-
30 21-
30 21-
30 16-
25 21-
30 16-
25 16-
25 31-
40 31-
40 Posted Speed Limit (mph) 35 35 35 35 25 25 35 35 30 30 Speed Delta (85th - Posted) -4 -3 -6 -3 -1 3 -14 -12 9 10
Under Year 2022 After-Study conditions, the total average daily traffic varies between 1,150 to 3,250 vehicles in the eastbound direction and 1,050 to 3,500 vehicles in the westbound direction.
The 85th percentile speeds along Buena Vista Road east of Beresini Lane are 31-mph and 32-mph the eastbound and westbound directions. West of Gonzalez Drive, the 85th percentile speeds are 29-mph and 32-mph. Between Gonzalez Drive and Westside Boulevard, the 85th percentile speeds are 24-mph and 28-mph. From Westside Boulevard to Line Street, the 85th percentile speeds are 21-mph and 23- mph while the 85th percentile speeds are 39-mph and 40-mph east of Fern Street.
From the collected data, 2 of the 10 speed surveys indicate that the 85th percentile vehicle speeds exceed the posted speed limit by more than 5-mph in the following areas:
• Eastbound between Fern Street and San Benito Street
• Westbound between Fern Street and San Benito Street
It should be noted that prior to the After-Study traffic data collection, not all of the proposed traffic calming improvements along Buena Vista Road have been constructed in the field. Without the full the road diet striping between Beresini Lane and Locust Avenue and the speed cushions between Locust Avenue and San Benito Street, the intended vehicle speed reduction and traffic control in these sections is not fully achieved. This results in higher average 85th percentile vehicle speeds compared to the completed project with all the traffic calming features installed.
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7 Collision Data
Collision data from July 2022 to December 2022 along Buena Vista Road was also obtained using the SWITRS database and the reported collisions in the After-Study scenario is shown in Table 4.
Table 4 – Buena Vista Road Collision Data (2022)
Year Collision Location Primary
Collision Factor
Collision
Type
Collision
Severity
Vehicle Collision
Involved With
2022 West of Miller Rd DUI Sideswipe PDO Motor Vehicle
Note: COP=Complaint of Pain, PDO=Property Damage Only, VIS=Other Visible Injury
In the After-Study scenario, there was one (1) reported collision along Buena Vista Road which consists of a sideswipe with another motor vehicle caused by driver under the influence of alcohol/drugs.
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8 4. Roadway Condition Comparison
Vehicle Speed and Volume Data
Table 5 and Figures 2-3 compares the Before-Study and After-Study vehicle speed and volume data.
Between the Before-Study and After-Study scenarios, the average daily traffic on Buena Vista Road increased approximately 22% from 3,386 to 4,120 total vehicles for both directions. This increase in ADT is due to the completion of the Buena Vista / North Road extension project from Locust Avenue to San Benito Street which improves local connectivity to Downtown Hollister and State Route 25.
The collected traffic counts indicate that the 85th percentile vehicle speeds have decreased between the Before-Study and After-Study traffic conditions. The average 85th percentile speed along Buena Vista Road under the Before-Study conditions was 44-mph. Under Year 2022 After-Study conditions, the average 85th percentile speed decreased to 30-mph which is approximately a 32% reduction.
Table 5 – Volume and Speed Comparison
Traffic Count Scenario Before-Study After-Study Delta
Travel Direction EB WB Total EB WB Total EB WB Total
Average Daily Traffic (ADT) 1723 1663 3386 2042 2078 4120 319 19% 415 12% 734 22% 85th % Speed (mph) 44 43 44 29 31 30 (16) -35% (12) -27% (14) -32% Posted Speed Limit (mph) 35 35 35 35 35 35 N/A N/A N/A
Speed Delta (85th - Posted) 9 8 9 -6 -4 -5 (16) -166% (12) -138% (14) -159%
The lower average speeds observed in the After-Study condition suggest that the current traffic calming features installed on Buena Vista Road are making a positive impact toward reducing the average vehicle speed along the corridor.
If all the proposed traffic calming improvements were fully constructed in the field, a greater 85th percentile average vehicle speed reduction could have occurred in the collected After-Study data.
Figure 2 – Volume and Speed Comparison
3386
4120
0 1000
2000
3000
4000
5000
Before-Study After-Study
Average Daily Traffic (ADT)
44 30
0 10
20 30
40 50
Before-Study After-Study
85th % Speed (mph)
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9 Figure 3 – Traffic Count Map
Collision Data
Table 6, Figure 4, and Attachment D of the Appendix provides a comparison of the reported traffic collisions on Buena Vista Road between the Before-Study and After-Study scenarios.
Table 6 – Collision Data Comparison
Vehicle Collision Type
Scenario Before-Study After-Study
Date Range
July 2015 to
December
2021
July 2022 to
December
2022
Head-On 1 0
Sideswipe 3 1
Rear End 1 0
Broadside 2 0
Hit Object 7 0
Overturned 0 0
Auto/Ped 0 0
Other 3 0
Total #
Collisions 17 1
- Before-Study Traffic Count
- After-Study Traffic Count
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10 Figure 4 – Collision Map
Field Observations and Site Conditions
A site visit was conducted on Tuesday December 6, 2022, to observe the roadway conditions and installed traffic calming features on Buena Vista Road. The following summarizes the differences between the approved 2022 design layout and the as-built traffic calming features and traffic control devices observed in the field:
1. The proposed speed cushions has not been installed at the following locations:
a. 150-ft east of Locust Avenue intersection
b. 400-ft east of Fern Street intersection
c. 600-ft west of Raven Street intersection
2. The proposed slurry seal pavement on Buena Vista Road between the western City limits and Locust Avenue has not been constructed.
3. The proposed ADA pedestrian curb ramp and crosswalk improvements along Buena Vista Road has not been constructed.
4. The proposed road diet striping with narrowed vehicle travel lanes, Class II bike lane with hatch bike buffer, and on-street parking along Buena Vista Road has not been constructed.
5. The proposed raised center median with a rapid rectangular rapid flashing beacon (RRFB) crossing system and crosswalk striping at the Buena Vista Road / Line Street intersection has not been constructed.
- Before-Study Collision
- After-Study Collision
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11 Beresini Lane / Buena Vista Road Conditions
Ranchito Drive / Buena Vista Road Conditions
Carnoble Drive / Buena Vista Road Conditions
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12 Gonzalez Drive / Buena Vista Road Conditions
Miller Road / Buena Vista Road Conditions
Calaveras Elementary School / Buena Vista Road Conditions
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13 Westside Boulevard / Buena Vista Road Conditions
Line Street / Buena Vista Road Conditions
Locust Avenue / Buena Vista Road Conditions
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14 Fern Street / Buena Vista Road Conditions
5. Traffic Calming Improvements and Recommendations
This section provides a summary of traffic calming improvements and recommendations that could further control vehicle speeds, improve wayfinding, and enhance multi-modal access for all users along Buena Vista Road.
Speed Limit Signs
The current 35-mph posted speed limit on Buena Vista Road was increased from 30-mph in the 2018 Hollister Engineering & Traffic Survey prepared by TJKM. The After-Study data indicates that the average 85th percentile speeds have decreased upon implementing the proposed traffic calming improvements.
After completion of all the proposed roadway and traffic calming features, an updated citywide engineering and traffic survey is recommended to justify updating the posted speed limit signs to reflect the improved roadway condition.
Calaveras Elementary School
Site Conditions
Vehicle access to the Calaveras Elementary School is provided by the main school entrance located approximately 100 feet east of the Buena Vista / Marille Lane intersection as well as the eastern side of the school in the shared parking loop with Calaveras Park. Bike and pedestrian access to the school is also provided on the south side at the Central Avenue and Felice Drive intersection with a crossing guard.
From the school website, all students arriving by vehicle must be dropped off and picked up at the parent pick-up/drop-off area in the morning and afternoon. The parent pick-up and drop-off area is located at the front of the school and in the bus circle. Students need to enter and exit their car on the passenger side and must remain in the vehicle until the vehicle pulls forward to the designed loading area when space in front opens up. Parents are instructed to not stop behind the parked cars in front of the office to drop off or to pick up children, since this blocks the traffic flow into the parent drop off area.
Staff is available to supervise students for a short time after dismissal from school. Students who are not picked up on time will be escorted to the office and must be signed out from a parent to release students from the office. The Year 2022/2023 morning bell for school starts at 8AM and the afternoon G.2.a
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15 bell for school dismissal occurs at 2:49 PM on a regular day, 1:21 PM on a minimum day, and 12 PM on an early release Thursday.
It is recommended to refresh the existing no parking / red curb markings along the southwest and southeast corners of the school driveways to prevent parked vehicles from obstructing intersection sight distance for drivers entering and exiting the site.
Safe Routes to School
The San Benito County RideShare established a Safe Routes to School program to improve the health of kids and the community by making walking and bicycling to and from school safer, easier, and more enjoyable. Suggested walking and bicycling routes to and from the Calaveras Elementary school is provided along Buena Vista Road, Central Avenue, Felice Drive, and Miller Road as shown in Attachment E of the Appendix.
Most of the proposed roadway and traffic calming improvements along Buena Vista Road are consistent with the recommended engineering improvements identified in the County’s Safe Routes to School Needs Assessment for Calaveras Elementary. Project improvements such as striping high visibility yellow crosswalks, striping green bike lanes, installing speed cushions, installing RRFB crossings, and reconstructing pedestrian curb ramps address many of the observed speeding and visibility challenges in the Safe Routes to School audit. It should be noted that the Buena Vista traffic calming plans are still in progress. Therefore, the proposed slurry seal, curb ramp, crosswalk, and road diet striping improvements have not been constructed in the field; however, most of the vertical speed cushions have been installed along the corridor.
Completion of all the proposed roadway and traffic calming features are anticipated to reduce average vehicle speeds and enhance bike and pedestrian safety for Calaveras Elementary School access along Buena Vista Road.
6. Appendix
• Attachment A – Buena Vista Road Traffic Calming Report and Before-Study Traffic Data • Attachment B – Buena Vista Road Traffic Calming Plans • Attachment C – Year 2022 After-Study Speed and Volume Traffic Data Collection • Attachment D – SWITRS Collision Data on Buena Vista Road (Before and After-Study Conditions) • Attachment E – Calaveras Elementary Safe Routes to School
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Attachment A – Buena Vista Road Traffic Calming Report and Before-Study Traffic Data
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Copyright © Kimley-Horn and Associates, Inc.
TRAFFIC STUDY - FINAL
BUENA VISTA
TRAFFIC CALMING
HOLLISTER, CALIFORNIA
Prepared for:
City of Hollister
Prepared by:
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TRAFFIC STUDY - FINAL
FOR
BUENA VISTA
TRAFFIC CALMING
Prepared for:
City of Hollister
375 Fifth Street
Hollister , California 95023
Prepared by:
Kimley-Horn and Associates, Inc.
10 Almaden Boulevard, Suite 1250
San Jose, California 95113
669-800-4130
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley- Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.
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Contents
EXECUTIVE SUMMARY ......................................................................................................... 3
1. INTRODUCTION ................................................................................................................. 6 Buena Vista Road Description........................................................................................... 6 Existing and Cumulative Traffic Data ................................................................................. 9 Existing Speed Data ....................................................................................................... 10
2. TRAFFIC CALMING TOOLBOX ........................................................................................ 12 What i s Traffic Calming? ................................................................................................. 12 The Toolbox ................................................................................................................... 13
3. PUBLIC OUTREACH AND FEEDBACK ............................................................................ 14 Meeting #1 Summary...................................................................................................... 14 Meeting #2 Summary...................................................................................................... 15 Online Survey ................................................................................................................. 15
4. RECOMMENDATIONS...................................................................................................... 17 APPENDIX............................................................................................................................ 32
Figures
Figure 1 – Project Study Area .................................................................................................. 8 Figure 2 – Existing ADT Volumes ............................................................................................ 9 Figure 3 – Cumulative ADT Volumes ....................................................................................... 9 Figure 4 – Speed Data Summary (2018) ................................................................................ 10 Figure 5 – Speed Data East of Fern Street (2021) .................................................................. 11 Figure 6 – Beresini Lane........................................................................................................ 20 Figure 7 – Beresini Lane to Aguirre Drive ............................................................................... 21 Figure 8 – Aguirre Drive to Carnoble Drive ............................................................................. 22 Figure 9 – Carnoble Drive to Brandy Court............................................................................. 23 Figure 10 – Brandy Court to Miller Road ................................................................................ 24 Figure 11 – Brandy Court to Marille Lane ............................................................................... 25 Figure 12 – Marille Lane to Westside Boulevard..................................................................... 26 Figure 13 – Westside Boulevard to Line Street ....................................................................... 27 Figure 14 – Line Street to Locust Avenue............................................................................... 28 Figure 15 – Locust Avenue to Fern Street .............................................................................. 29 Figure 16 – Fern Street to Monterey Street ............................................................................ 30 G.2.a
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Figure 17 – Monterey Street to San Benito Street................................................................... 31
Tables
Table 1 – San Benito County Express Bus Stops ..................................................................... 6 Table 2 – Existing Intersection Control Along Buena Vista Road............................................... 7 Table 3 – Strategies Considered ............................................................................................ 13 Table 4 – Survey #1 Results .................................................................................................. 16 Table 5 – Survey #2 Results .................................................................................................. 16 Table 6 – Recommended Buena Vista Road Traffic Calming Improvements ........................... 18
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