Agenda packet — Hollister City Council, February 21, 2023 (part 1 of 5)

MAYOR
Mia Casey

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

CITY MANAGER
Brett Miller

CITY ATTORNEY
Mary F. Lerner

CITY CLERK
Jennifer Woodworth

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Gordon Machado

JOINT MEETING OF THE

HOLLISTER CITY COUNCIL AND

SUCCESSOR AGENCY OF THE HOLLISTER

REDEVELOPMENT AGENCY

AGENDA
Special and Regular Meeting
February 21, 2023
Special meeting 5:30 PM
Regular meeting 6:30 PM

CITY OF HOLLISTER

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

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

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

City Council Tuesday, February 21, 2023 Page 2 of 8

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

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

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

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

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

Public Participation:

The public may attend meetings.

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

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

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

CONTINUED PUBLIC HEARING NOTICE
The public hearing notice published in the paper on February 10, 2023 titled:

1. CUP 2023-01 L Plus L LLC (Adopt a resolution approving the Cannabis Conditional Use Permit/Development Agreement (CUP/DA) 2023-01 for L Plus L, LLC.

Cannabis Conditional Use Permit/Development Agreement (CUP/DA) 2023-01 for L Plus L, LLC):

The applicant is requesting an approval from the City of Hollister City Council of a Conditional Cannabis Use Permit to operate a cannabis cultivation facility located at San Felipe Road (Units A, B, C & D) in the Light Industrial (M1) Zoning District further identified as San Benito County Assessor’s Parcel Number 0511200760 CEQA: Categorically Exempt.

Has been continued to the March 6, 2023 City Council Meeting.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: LLXP, Inc. v. City of Hollister, et al., San Benito County Superior Court Case No. CU-21-00119

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

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS

1. Proclamation - Recognizing the San Benito County League of United Latin American Citizens (LULAC) Council 2890 for Its Past Service to the Community (City Manager)

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

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

1. The minutes of the Regular Meeting of City Council February 6, 2023

2. Claim Against the City - Filed by Jaime Rosales and Heriberto Gallegos (City Clerk)

BRIEF DESCRIPTION: Jaime Rosales and Heriberto Gallegos filed a claim against the City on February 7, 2023.

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

3. Resolution No. 2023-22 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of San Benito Street from 5th Street to South Street, Monterey Street, and 7th Street for the City of Hollister Parks and Recreation Department St. Patrick's Day Dash on March 17, 2023. (Recreation)

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BRIEF DESCRIPTION: This resolution will authorize the closure of a portion of San Benito Street from 5:30 p.m. to 9:00 pm on March 17, 2023, for the City of Hollister Parks and Recreation Department’s St. Patrick’s Day Dash.

RECOMMENDATION: The City Council adopt a resolution to temporarily close San Benito Street, from 5th to South Street, Monterey Street to 7th Street, 7th Street to San Benito Street from 5:30 p.m. to 9:00 pm on March 17, 2023, for the City of Hollister Parks and Recreation Department St.

Patrick’s Day Dash.

4. Resolution No. 2023-24 a Resolution of the City Council of the City of Hollister authorizing an amendment to Task Order 2021-20 with Kimley- Horn and Associates to finalize the design documents for the Airport Industrial Water Main Project and approving a supplemental appropriation in the amount of $179,206.00 (Administrative Services)

BRIEF DESCRIPTION: This amendment authorizes the final design documents for the Airport Industrial Water Main Project and authorizes a supplemental appropriation in the amount of $179,206.

RECOMMENDATION: Adopt the resolution authorizing the amendment to Task Order 2021-20 to Kimley-Horn and Associates and approving the supplemental appropriation in the amount of $179,206.

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

1. Resolution No. 2023-01 SA a Resolution of the City Council of the City of Hollister, acting in its capacity as the Successor Agency for the City of Hollister Redevelopment Agency (RDA), to Adopt a Recognized Obligation Payment Schedule 23-24 (ROPS) for the period July 1, 2023 to June 30, 2024

BRIEF DESCRIPTION: This resolution adopts the Successor Agency Recognized Obligation Payment Schedule for the period July 1, 2023 to June 30, 2024 along with the administrative cost allowance.

RECOMMENDATION: That the City Council acting in its capacity as the Successor Agency to the former Hollister Redevelopment Agency (RDA), adopt a resolution of the City Council of the City of Hollister, acting in its capacity as the Successor Agency for the City of Hollister Redevelopment Agency (RDA), adopt a Recognized Obligation Payment Schedule 23-24 (ROPS) for the period July 1, 2023 to June 30, 2024.

C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the

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record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

Receive report from City Manager.

2. Trainings and Conferences

Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS

1. Ordinance No. 1229 An Ordinance of the City Council of the City of Hollister amending the Zoning Ordinance to repeal Section 17.22.040, Accessory Dwelling Units, and replace with a new Chapter, Chapter

17.32, Accessory Dwelling Units. (Planning)

DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to repeal Section 17.22.040, Accessory Dwelling Units, of the Zoning Ordinance and replace with a new Chapter, Chapter

17.32, Accessory Dwelling Units.

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.

2. 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) (Planning)

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.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

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None.

1. 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 (Police)

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.

2. 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 (Administrative Services)

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.

3. 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 (Administrative Services)

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.

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

1. Affordable Housing Review (Housing)

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.

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2. 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. (Engineering)

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.

3. Business Loan Program Update and Council Direction - Feb 21, 2022 (City Manager)

BRIEF DESCRIPTION: At the February 6, 2023 City Council meeting, staff received direction to return to each subsequent council meeting to provide an update on the status of the Business Loan Program.

RECOMMENDATION: Receive staff presentation and provide possible direction.

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

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

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

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

H. UNFINISHED BUSINESS

1. Updated City Council Projects (City Manager)

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

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

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

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

REDEVELOPMENT AGENCY

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None.

L. ADJOURNMENT

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

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

The next City Council Meetings are scheduled as follows:

Special City Council Meeting -- Saturday, February 25, 2023 at 9:00 AM Regular City Council Meeting -- Monday, March 6, 2023 at 6:30 PM Regular City Council Meeting -- Monday, March 20, 2023 at 6:30 PM Regular City Council Meeting -- Monday, April 3, 2023 at 6:30 PM

PROCLAMATION

Recognizing the
San Benito County League of United Latin American Citizens Council (LULAC) 2890
For Its Past Service to the Community

WHEREAS, the San Benito County LULAC Council 2890 was established in 1987 to represent a voice for the Latino Community; and

WHEREAS, the San Benito County LULAC Council 2890 served as a vital resource to the community and many other non-profit organizations; and

WHEREAS, 364 collegiate members and 1,297 youth members have participated in LULAC; and

WHEREAS, for many years the San Benito County LULAC Council 2890 has awarded over $183,000 in scholarship grants to local students; and

WHEREAS, the San Benito County LULAC Council 2890 fought on behalf of and supported the Farmworker community;

NOW, THEREFORE, I, Mia Casey, Mayor of the City of Hollister, on behalf of the entire City Council, do hereby thank San Benito County LULAC Council 2890 for their many years of service to the community and its residents.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 21st day of February 2023.

_______________________________
Mia Casey, Mayor
ATTEST:

_______________________________
Jennifer Woodworth, MMC, City Clerk

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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
February 6, 2023

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER

PLEDGE OF ALLEGIANCE
Councilmember Resendiz led the Pledge of Allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on February, 6, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Mia Casey Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present

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

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: A1, A2, A3, A4, A5, A6, A7, and A8.

Councilmember Resendiz pulled Item A4 from the consent agenda.

Councilmember Resendiz and Burns pulled Item A6 from the consent agenda.

Councilmember Burns pulled Items A7 and A8 from the consent agenda.

Mayor Casey opened public comment at 7:15 p.m.

There were no speakers for the consent agenda items.

Mayor Casey closed public comment at 7:15 p.m.

Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for items A4, A6, A7, and A8. Motion carried 5-0-0.

1. City Council - Regular Meeting - Jan 17, 2023 6:30 PM

2. WARRANT REGISTER - FEBRUARY 6, 2023 – AP

3. Claim Against the City - Filed by Rosalia Ortiz

4. Item 4 was moved to Items Pulled from the Agenda

5. Resolution No. 2023-16 a Resolution of the City Council of the City of Hollister Authorizing Staff to Compete for a Competitive Grant from the T-Moblie Hometown Grant.

6. Item 6 was moved to Items Pulled from the Agenda

7. Item 7 was moved to Items Pulled from the Agenda

8. Item 8 was moved to Items Pulled from the Agenda

ITEMS PULLED FROM CONSENT AGENDA

9. Resolution No. 2023-15 a Resolution of the City Council of the City of Hollister authorizing an appropriation of $50,000.00 from the General Fund reserve to renovate the softball field at Vista Park Hill. And authorizes staff to accept field improvements from the Giants Community Fund.

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Councilmember Resendiz requested and received clarification regarding the funding for the project.

Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the item. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

10. Resolution No. 2023-17 a Resolution of the City Council of the City of Hollister Adopting a Wastewater Treatment Services Agreement Between the City of Hollister and San Juan Oaks Mutual Water Company

Councilmember Resendiz inquired regarding the process for approving the Wastewater Services Agreement between the City of Hollister and San Juan Oaks Mutual Water Company and potential approval by the San Benito County Local Area Formation Commission (LAFCO).

City Attorney Lerner reported LAFCO will subsequently review and decide whether to approve the agreement at a future LAFCO meeting.

Councilmember Resendiz expressed concern regarding the increased amount of wastewater to be treated by City facilities.

Councilmember Burns requested additional legal analysis of the item before it is considered by the City Council.

Mayor Casey opened public comment at 7:41 p.m.

Karson Klauer spoke in support of the City following the previously adopted sewer master plan, which would allow for wastewater from San Juan Oaks and other developments in the county to be treated at City facilities.

Mayor Casey closed public comment at 7:44 p.m.

Councilmember Resendiz moved, and Councilmember Burns seconded the motion to withdraw the item to be heard at a future Council meeting. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

11. Resolution No. 2023-18 a Resolution of the City Council of the City of Hollister Authorizing the Mayor to Execute an Agreement with Municipal Resource Group LLC for City Manager Evaluation Services in an Amount Not to Exceed $6,750.

Councilmember Burns spoke regarding the cost of the proposed contract and stated Council should be able to handle the City Manager's review.

Councilmember Resendiz moved to have a special meeting on Wednesday to review the contract of the City Manager.

City Attorney Lerner suggested withdrawing the motion for Council discussion during the Council reports portion of the agenda.

Councilmember Resendiz withdrew his motion.

Councilmember Resendiz moved, and Councilmember Burns seconded the motion to withdraw the agenda the item. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

12. Resolution No. 2023-19 a Resolution of the City Council of the City of Hollister approving Amendment to the Reimbursement Agreement for the Roberts Ranch Subdivision.

Cristian Builes provided additional information regarding the item.

Councilmember Morales moved, and Councilmember Burns seconded the motion to approve the item. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
C. PUBLIC INPUT
Alejandro Ceja spoke in support of allowing food trucks in the City of Hollister.

Jason Ricketts requested clarification regarding where food trucks are allowed to operate in the City and supported creation of a dedicated area for food trucks in Hollister.

Joseph Elmhorst spoke in support of creating a committee with representatives from planning and environmental services to discuss options for supporting operations of food trucks in Hollister.

Karson Klauer spoke in support of allowing out of jurisdictio n hookups to City sewer services and commended the Council regarding the ball field planned for Vista Park Hill.

Carol Lenoir requested the City notify all landscapers operating in the City to not blow leaves and other debris into storm drains.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

City Manager Brett Miller provided an update on several items previously discussed by Council.

2. Trainings and Conferences

Police Chief Reynoso reported seven officer attended crisis intervent ion training and two others attended driver instructor training, which will allow them to provide driver training in house.

E. PUBLIC HEARINGS
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

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Agenda Item F.1 was heard prior to the Consent Agenda.

Chief Reynoso provided the staff report summarizing changes to the draft ordinance as requested by the City Council during the previous Council meeting.

Councilmember Burns opposed the proposed fines associated with violations of the ordinance.

Councilmember Morales opposed the proposed fines.

Mayor Casey opened public comment at 6:48 p.m.

Jim Johnson supported allowing residents to park their recreational vehicles at their homes to allow owners to pack and unpack their vehicles and asked the Council to reconsider the permit requirements and amount of the penalties.

Brian Dube commented on the amount of time needed to load and unload their recreational vehicles before and after a trip.

Jeri Bonvie supported allowing recreational vehicles to park on the street when needed and not requiring owners to get a permit to park safely in their driveways or on the street.

Louk Markham commented on the lack of adequate offsite storage locations for recreational vehicles and the unnecessary costs when owners have adequate storage at home.

Mayor Casey closed public comment at 6:59 p.m.

Councilmember Resendiz suggested setting the fines at $35 for the first office, and $70 and $140 for subsequent offenses.

Councilmember Perez suggested setting the fines at $100 for the first office, and $200 and $400 for subsequent offenses to set a penalty at a level to discourage violations.

Chief Reynoso stated the proposed fines are based on the City's standard fine levels and not specific to the recreational vehicle ordinance and provided clarification regarding additional provisions included in the proposed ordinance.

City Attorney Mary Lerner recommended bringing the proposed ordinance back for introduction at a subsequent Council meeting with a resolution to reduce the fee schedule.

Councilmember Resendiz moved, and Councilmember Burns seconded the motion to bring the ordinance back for introduction on February 21, 2023 with the fines set at $35 for the first office, and $70 and $140 for subsequent offenses. Motion carried 5- 0-0.

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RESULT: Tabled to No Date Certain [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. Resolution No. 2023-20 a Resolution of the City Council of the City of Hollister City Council of the City of Hollister authorizing staff to issue a Request for Proposal for Disaster Response and Recovery Service and authorize the City Manager or his designee to execute any subsequent agreements, amendments, or modifications, and other necessary documents to support an efficient and effective emergency response strategy.

Assistant City Manager David Mirrione provided the staff report.

Mayor Casey opened public comment at 8:17 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:17 p.m.

Councilmember Perez moved, and Councilmember Morales seconded the motion to approve Resolution 2023-20. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

3. Resolution No. 2023-21 a Resolution of the City Council of the City of Hollister Authorizing the City Manager to Makes Changes to the Low Interest Business Loan Program

Assistant City Manager Mirrione provided the staff report describing the proposed changes to the Low Interest Business Loan Program, including reopening the application period, creation of an online application, changes to the maximum loan amount, etc.

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Councilmember Burns suggested expanding the parameters to allow applications for commercial businesses throughout the City with a preference for businesses in the Downtown District.

Councilmember Resendiz supported additional outreach, especially to downtown businesses.

Councilmember Morales supported keeping the interest rate the same or lowering the rate and extending the application period.

Mayor Casey suggested reinvesting the loan interest into the Low Interest Business Loan Program to create a revolving fund.

Mayor Casey opened public comment at 8:35 p.m.

Edgar Mayor expressed frustration regarding the application review process and program timeline.

Samantha Perez spoke regarding her business in Hollister and spoke in support of opening to the program to existing businesses.

Mayor Casey closed public comment at 8:39 p.m.

Councilmember Resendiz supported providing funds to build a parklet in addition to the funds available through the Low Interest Small Business Loan Program.

Councilmember Morales and Burns requested regular updates on the program at Council meetings.

Councilmember Morales moved, and Councilmember Perez seconded the motion to adopt Resolution 2023-21, with revisions. Motion carried 5-0-0.

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

RECUSED:

ABSTAIN:

ABSENT:

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

1. Ratify Appointments to the Planning Commission, Parks and Recreation Commission, the Airport Advisory Commission, and the Art & Culture Committee

City Clerk Woodworth provided the staff report.

The following individuals were recommended to serve on the City of Hollister's advisory bodies:

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Airport Advisory Commission
Renee Wells - District 2 representative

Art & Culture Commission
Christina Ross - District 2 representative
Sue Everitt - Mayoral representative

Planning Commission
David Huboi - District 2 representative
Steven Belong - District 3 representative
Carol Lenoir - Mayoral representative

By consensus, the City Council ratif ied the appointments to the various City advisory bodies.

RESULT: Consensus
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

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

Councilmember Resendiz reported he attended the Intergovernmental Committee meeting. Councilmember Resendiz spoke in support of transparency regarding the Hazel Hawkins Hospital and expressed concern regarding the lack of viable solutions for the hospital. Councilmember Resendiz reported he attended at meeting of the Water Resources Association and a meeting of the City of the Hollister Oversight Board.

Councilmember Morales reported the Council of Governments will be having a retreat in March. The Economic Development Corporation will be having a meeting to discuss building a new community center for women and children.

Mayor Casey reported she attended the National Conference of Mayors in Washington, DC in January where she discussed several topics relevant to Hollister and potential funding opportunities. She also attended the CalCities New Mayor and Councilmember training in southern California. Mayor Casey attended a meeting of the Intergovernmental Committee where the Hazel Hawkins Hospital was discussed.

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

Councilmember Resendiz reported he attended the CalCities New Mayor and Councilmember training January 17-20, 2023 in Sacramento and provided a report of various topics covered at the training. Councilmember Resendiz reported the City will be recognized for the traffic improvements for Central Avenue. Councilmember A.1
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City Council Monday, February 6, 2023 Page 10 of 11

Resendiz requested the Arts and Culture Commission study art development impact fees to help bring in revenue for Parks and Recreation department activities.

Councilmember Burns supported the request by food truck vendors to have a dedicated area for them, requested review and discussion of the Fire Chief and City Manager's contracts in a closed session meeting on February 21, 2023; requested renaming the community center in honor of Pauline Valdivia; requested an update on the building currently being built in the industrial park and its intended purpose, and requested updates on several previously requested items, including hearing officer requirements, installation of cameras at the skate park, and recruitment for various city staff positions. Councilmember Burns requested staff contact the San Benito County District Attorney and State Attorney General to investigate potential improprieties at Hazel Hawkins Hospital improprieties, requested the City take on the costs to provide internet access for the computers and printer provided by the League of United Latin American Citizens (LULAC) at the community center and requested Council authorization to direct staff to prepare a proclamation thanking LULAC for 35 years of service to the community. Finally, Councilmember Burns requested an independent investigation and review of body camera footage related to the incident on August 26, 2022 involving a mountain lion in Hollister shot by Hollister police. Councilmember Burns requested the footage and results of the independent investigation be presented at an open Council meeting.

Councilmember Morales requested a policy on construction projects to state a preference for a qualified workforce and for local hire and veterans. Councilmember Morales requested review of the City's contract with 4LEAF; requested compliance training for staff working on public works projects or overseeing the contract or bidding process; and requested updated information on the money raised by the Community Foundation to ensure the approximately $60,000 raised is released to flood impacted residents, including a timeline and process for distributing the funds.

Councilmember Morales requested an update on the food truck vendors information she requested at the April 4, 2022 Council meeting stating it should not wait until after completion of the General Plan Update. Finally, Councilmember Morales requested an update on her request to explore potential locations for public parks in District 3.

Councilmember Perez requested additional information on the Gateway to the Pinnacles sculpture planned for the roundabout located at Fourth Street and Graf Road.

Mayor Casey announced Rick Perez will not be the alternate for San Benito Council Local Area Formation Commission because it is San Juan Bautista's turn to appoint.

Mayor Casey requested and received consensus appoint an ad hoc committee regarding the animal shelter. Mayor Casey appointed Councilmember Resendiz and herself to serve on the ad hoc committee.

Councilmember Burns suggested inviting a county representative to serve on the ad hoc committee since the county is also involved with the animal shelter.

Mayor Casey requested a special meeting to discuss roads, streets, speed humps throughout the City.

City Manager Miller requested and received consensus on the following items raised by the members of the Council and provided updates on various projects as A.1
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City Council Monday, February 6, 2023 Page 11 of 11

requested: Council consideration of the City paying for internet at community center as part of the budget process, naming the community center for Pauline Valdivia, a proclamation thanking LULAC for 35 years of service, an investigation into the August 2022 mountain lion incident, and a study session on traffic calming measures.

Police Chief Reynoso requested Council adjourn the meeting in honor of police Selma Police Officer Gonzalo Carrasco killed in the line of duty on January 31, 2023.

H. UNFINISHED BUSINESS

1. Updated City Council Projects

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

REDEVELOPMENT AGENCY
L. ADJOURNMENT
Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn the meeting at 10:04 p.m. Motion carried 5-0-0.

Respectfully submitted,

Jennifer Woodworth, MMC
City Clerk
A.1
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 9, 2023 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY JAIME ROSALES AND

HERIBERTO GALLEGOS

BRIEF DESCRIPTION: Jaime Rosales and Heriberto Gallegos filed a claim against the City on February 7, 2023.

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

DEPARTMENT SUMMARY: Jaime Rosales and Heriberto Gallegos filed a claim against the City on February 7, 2023. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. 20230207_Rosales & Gallegos Claim_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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CITY OF HOLLISTER

CLAIM FORM
(To Be Completed By Claimant)
Claimant Jaime Rosales & Heriberto Gallegos Telephone
Received
FEB 0,7 2023
By:
--------
Address -.... H..,,._o..,Jh..,·s...,,te"""'r,,_,C""A"""'"""9""'5.,,,_02 ... 3.,__ ______________ _ Address to Which Response Should be Sent c/o Andrew M. Jacob son , Es 4.

E n gstrom , Lip comb & Lac k : 10100 San ta M o ni ca B oul evard , 12th Fl oor, Lo Angel es, CA 90067 Des cription of Occurrence A u to v. Ped estri a n -relat in g to a d an gerou s condi tion on p ubli c property that re uJ ted in the d eath of claimants' mo th er.

The d a ng e ro u condition i set fo r th in the attached Traffic Colli sio n R ep o rt .

Locat io n o f Occ urren ce Inte rsec ti o n of Fourth Street a nd G raf Road, Ho ll is ter, CA Date and Time of Occurrence Se ptember 5, 2022 . 6 :57 p .m . (19 :57) Witnesse s to Occurrence (Name and Address) JJia tm~-~e~R~oQ:s~a~le~s-=-•■■■■■i.JHt!oQ]l[!jli~st~e~rJC~A 95023 Savino Pach eco Ortiz --San Ju an B au t is ta , CA 9 50 4 5 M arco A n to nio Anaya --~~_o_ll_i s_te_r_, C_A_9_5_0_23 __________ _ Amount of C laim >$5 000 ,000 .00 --------------------------(Attach supporting invoic e s, etc.) City Employees Involved Holli ster PD Depu ty R. Mi ll er, H o lli ster PD Officer L. G arcia, Holli ster Sh e ri ffs O ffice D ep uty V ill anu eva (Coroner), H o lli ste r berif fs O ffice gt. Mu ll I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date Janu ary 3 1, 2023 Signature __ c_~_·-_·-_-_>_zr_~_-_----=--_~_--~------- Send completed form t o:

C ity Clerk
City of Hollister
375 Fifth Street
Hollister, C A 95023
(831) 63 6-4 304

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09/30/2022 11 :26 8316365203

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CONTROLL~ DOCUMENT
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BY HOLLINER POLICE DEP .

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DATE: -J 7-d-o:;

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09/30/2022 11:25 8315355203 THEUPSSTORE PAGI:_

HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hollister, CA. 95023
CA0350100
Phone (831) 636-4330
Fax (831) 636-4339
Case Number
HA2202271
FACTUAL DIAGRAM LEGEND:

Date
09/06/22
Primary Narrative
Officer
GARCIA
Vehicle measurements are to the center of each wheel. All measurements were taken from the roadway curb line. Refer to Officer Robledo's supplemental report for the factual diagram legend and measurements taken on scene.

VEHICLES AT REST:

Refer to Officer Robledo's supplemental report for vehicle measurements .

FACTS:

NOTIFICATION: On 09-16-22 at approximately 1957 hours, Officers were dispatched to e vehicle vs. pedestrian injury collision at the intersection of Fourth Street and Graf Road_ I responded to the collision "Code-3"; J activated my Code 3 equipment which consisted of my lights and siren from the 2100 block of Cerra Vista Drive. All times, speeds, and measurements found in this investigation are approximate. Measurements ~,ere taken by Rolatape.

SCENE: In this area, Graf Road meets Fourth Street and forms a T-intersection. Fourth Street turns into San Juan Hollister Road west of Graf Road. The intersection is controlled by traffic signals. This intersection has one designated crosswalk on the east side of the intersection"
Graf Road is an asphalt paved street running n/s bound.

Fourth Street is a paved two-lane, two-way e/w street divided by double yellow lines.

T'ie w/b lane of Fourth Street at this intersection has one designated left turn lane, one designated straight lane, and one designated right turn Jane.

San Juan Hollister Road is a paved two-lane, two-way e/w street divided by double yellow lines. The e/b lane of San Juan Hollister Road at this intersection has one designated straight lane and one designated left turn lane.

A1 the time of the collision all roadway markings and signs were in good condition.

However, at the time of the collision all the street lights at this intersection were not functioning. While investigating the scene, I observed the street lights turn on and off multiple times.
(Refer to factual diagram for roadway details and measurements.) Controlled Docurnent. Duplication of Re--lssuence Controlled by Law Print Date/ Time File Number
9/27/2022 3:30:00 PM A2202271,DOC
Pege Number
1 of 4
l::Jb/._l ___ _,

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8316365203 THEUPSSTORE 1-'Al-it.
09/30/2022 11:2 6

HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hollister, CA 95023
CA0350100
Phone (831) 636-4330
Fax (831)636-4339
PARTIES:

PED-1 (Velia Ruiz) was identified by Deputy Coroner R. Miller. PED-1 was laying on her back on the w/b lane of Fourth Street. PED-1 was pronounced deceased on scene at approximately 2008 hours .

V-2
2000 Nissan Frontier with California license plate number (12363Y2). V-1 was on scene and sustained moderate left front end damage. V-2 was found on its wheels facing east on the e/b lane of Fourth Street
:J-2 (Savino Pacheco Ortiz) was identified using his California Identification Card (C4412370). NETCOM confirmed D-2 had a current driver license . D-2 was contacted on the driver side of V-2.

PASS-1 (Johann Pacheco) was verbally identified . PASS-1 was contacted on the front passenger seat of V-2.

PASS-2 (Aiden Pacheco) was verbally identified. PASS-2 was contacted on the driver side of V-2.

W-1 (Marco Antonio Anaya Zaragoza) was identified using his California driver's license (Y4597490). W-1 was contacted on the south shoulder of Fourth Street PHYSICAL EVIDENCE:

Physical evidence at the scene of the collision was vehicle debris on the roadway. The location of PED-1 and the location of V-2. Photographs of the scene were taken and were later uploaded to this report on TracNet D-2's preliminary breath sample results were printed and booked into the Hollister PD's evidence room. My Watch Guard body footage was later downloaded into a DVD-R and was later booked into the Hollister PD evidence room.

OTHER FACTUAL INFORMATION:

Deputy Coroner R. Miller responded to the scene and took custody of PED-1. Refer to Deputy Coroner Miller's report BG22-01014 for further regarding his investigation.

STATEMENTS;
0-2 (Pacheco Ortiz) was driving V-2 e/b on San Juan Hollister Road at approximately 45-50 miles per hour. No other vehicle was driving in front of him. As D-2 approached the intersection at Graf Road, D-2 encountered a green traffic light signal. D-2 continued to travel e/b across the intersection without stopping. D-2 cleared the intersection and noticed a figure running s/b across Fourth Street in front of him. D-2 steered to the right and braked in an attempt to avoid colliding into PED-1. However, the front left portion of V-2 struck PED-1. D-2 could not prevent from hitting PED-1 . After PED-1 was struck, PED-1 rolled and fell towards the left side. D-2 then stopped V-2 and told PASS-1 and _j __,
Oo cc I-, f-0. z LI.) 0~ ~-------------------------------U~ Controlled Docvment. Duplication of Re-1$s-,ance Controlled by Law Print Date I Tirne File Num bet
9/27/2022 3:30:00 PM A2202271.DOC
Page Number
2 of 4
UJ 0:
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HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hollister, CA. 95023
THEIJPSSTORE r' A lit. tJ t:J ,
CA0350100
Phone (831) 636-4330
Fax (831) 636-4339
PA~S"2 to call emergency services. D-2 was wearing his seatbelt at the time of the collision and was not using his cellphone while driving. D-2 sustained no injuries.

PASS-1 (Johann Pacheco)
Refer to Officer Gaeta's report for PASS~1 's statement.

PASS-2 (Aiden Pacheco)
Refer to Officer Gaeta's report for PASS-2's statement
W~1 (Anya Zaragoza) was closing a gate at the property 1619 Fourth Street when he observed the headlights of V-2 headed e/b on San Juan Hollister Road. V-2 crossed the intersection at Graf Road and continued e/b onto Fourth Street. W-1 did not observe the color of the traffic signal lights. As V-2 continued e/b on Fourth Street, W-1 saw V-2 collide into an unknown object in front of him. According to W-1, he was unsure what the object was because it was dark. W-1 realized V-1 had collided into PED-1 after he observed PED-1 rolling on the ground. W-1 stated D-2 was not driving fast and D-2 attempted to avoid colliding into PED-1. According to W-1, PED-1 "came out of nowhere". W-1 assumed PED-1 had travelled s/b across Fourth Street because he did not see her on the south shoulder of Fourth Street.

OPINION AND CONCLUSIONS:

SUMMARY: D-2 (Pacheco Ortiz) was driving V-2 e/b on San Juan Road. As D-2 approached the intersection at Graf Road, D-2 continued driving e/b across the intersection without stopping while facing a green traffic signal light. As D-2 travelled e/b 0111 Fourth Street, PED-1 entered the roadway outside a marked crosswalk. PED-1 ran s/b across Fourth Street in front of V-2. D-2 attempted to avoid colliding into PED-1 by st.earing to the right and braking. However, the left front portion of V-2 struck PED-1.

AREA OF IMPACT: The area of impact was determined by vehicle debris on the roadway and D-1 's statement. The area of impact was approximately 54 feet east of the east curb prolongation line of Graf Road and 42 feet 6 inches south of the north curb of Fourth Street.

INTOXICATION NARRA TIV~:

Due to the nature of the collision, I conducted an evaluation to determine if 0-2 was under the influence of drugs or alcohol. D-2 did not display indications of being under the influence of alcohol or drugs. I asked D-2 if he was willing to submit to a preliminary breath sample into my department issued Drager Alco Test 7510 (Serial# ARBH-0072).

D-2 consented . D~2·s results were as follows:
• 09-05-2022@ 2053 hours-Preliminary Breath Sample #1: .00% BAG w
0 .2:

I printed the preliminary breath sample results and later booked it into the Hollister Police a: ,_~--0 0 Department evidence room. ,-0 :r 0
z UJ >-
CAUSE: PED-1 (Ruiz) caused the collision by entering the roadway outside a marked R ~ en~ ._,,.J - er
9/27/2022 3:30:00 PM A2202271.DOC
~age Number
3 of 4
~ 0

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09 /30 /20 2 2 11:26 8316 36 5 2 03

HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hollister, CA. 95023
THEUPSSTORE f-'A\:i t. t'.J:J/1 ----
CA0350100
Phone (831) 636-4330
Fax (831)636-4339
crosswalk without yielding the right-of-way to all vehicles upon the roadway as to constitute an immediate hazard.

RECOMMENDATIONS:

NONE
Approved by : WEATHERS Date : 09/20/2022 04: 17 AM
CONTROLL~ DOCUMENT
RELEASED ro ---'
~~~b[t~~W~tEPT -
DATE:_·-·-=--,::-:-1:~~~=---
Controlled Document. Duplication of Re-Issuance Controlled by Law Print Date J Time File Number
9/27/2022 3:30 :00 PM A2202271 .DOC
Page Number
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09/30/2 0 22 11:26 8316355203 THEUPSSTORE r'Alcit. H'.ll .... ___ _,

HOLLISTER POLICE DEPARTMENT
395 Apoflo Way
Hollister, CA 95023
CA0350100
Phone (831) 636-4330
Fax (831) 636-4339
Case Number
HA2202271
Date
09/06/22
Supplement 01
Officer

ROBLEDO
On 9/5/2022 approximately 1957 hours, Officers were dispatched to a vehicle vs. pedestrr_an injury c~!lision at the in~ersection of Fourth Street and Graf Road. I responded Code3 hghts and sirens to the collision from the intersection of Fourth Street and Sally Street. My Code3 lights on my marked patrol vehicle P102 , consisted of a solid front facing red light. The activation of my Code3 lights triggered the activation of my Watch Guard video recording system . All times, speeds, and measurements found in this investigation are approximate. Measurements were taken by Rolatape. ! arrived on scene at approximately 2000 hours, just behind Hollister Fire Department personnel. I approached the Hollister Fire Department personnel who were with the pedestrian, later identified as Velia Ruiz, that was struck by the grey 2000 Nissan Frontier bearing California license plate 12363Y2. Hollister Fire Department personnel were examining Ruiz and determined that Ruiz was beyond resuscitation. The HolHster Fire Department Personnel noted that Ruiz had no pulse, multiple fractures throughout t he body such as the femur, right forearm and the major head trauma. I was told they could not pronounce time of death. I waited until AMR arrived on scene and once AMR vehicle M81 arrived on scene , Paramedic Ashley Marchese (P40171} declared time of death to be 2008 hours.

Once additiona l Hollister Police Personnel arrived on scene , I moved and positioned my patrol vehicle to block eastbound traffic on Fourth Street at the intersection of Fourth Street and Graf Road. It should be noted that the three light poles at the intersection ~irould intermittently turn on and off. I took photographs of the intersection that displayed the light poles not functional. I continued to take photographs of the entire scene and involved vehicle and later uploaded the photographs to this report in TracNet.

I marked all debris on scene with numbered markers. The cf ear, yellow and red plastic on the roadway were from the left front headlight housing unit of the Nissan Frontier.

There was no specific order to the numbering of debris on the roadway from the collis ion . I took all measur ements on the roadway, debris , and final resting point of the Nissan Frontier with my Rolatape measurement device. The following table outlines the measurements taken on scene:

The area of impact (AO!) was determined by statements received on scene and the vehicle debris on the roadway , The AOI was approximately 54 ' east of the east curb prolongation of Graf Road and 42'6" south of the north curb of Fourth Street.

Controlled Document. Dupllcatic,n of Re-Issuance Controlled by Law Print Date /Time File Number
9/27/2022 3:30:00 PM A2202271.S01
Page Number
1 of 2

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HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hoflister, CA. 95023

THEUPSSTORE
East of the East curb
Items ~ em > ange an cear It 1 0 d l
Plastic & AOl 54'
Item 2: $20 63'2"
Item 9: Clear Plastic 63'8"
Item 3: Orange and Clear
Plastic 65'1"
Item 6: Red , Whita, and
Yerlow Plastic 67'5"
Item 7: Clear Plastic 69' 1"
ltem 11 : B10bd Soatter 69'1"
Hen, 8: Clear Plastic 70'10"
Item 10: Clear Plastic 70'10"
Item 12: Clear Plastic 72'10"
ltem20: Metal Rina 73'7"
Item 15: Metal node from
Medics 75'
Item · 13: Clear Plastic 75'8"
Item 14: Clear Plastic 76'6"
· item: Decedent's head &
Blood 16'
Item: Decedent's Feet &
Gla$s Lens 77'10~
Item 16: Cellohone 80'10"
Item 18: Yellow Plastic 81'7~
Nissan Frontier Vehicle
Location
Left Front Tire 101 .'10''
Left Rear Tire 92'6"
Rioht Front Tire 100'7"
RiQht Rear Tire 90'6''
I attached the factual diagram to this report
Case Status;
AUach to primary narrative.

Approved by: PERSHALL Date : 09/07/2022 01 :11 PM
CA0350100
Phone(831)636-4330
Fax (831) 636"4339
South of the North Curb of
Fourth Strnet
42'6"
38'8"
45'10"
36'6"
41'4~
45'10"
33!6"
42'3''
38'8"
33'6"
35'10"
30'5"
45'10"
36'6"
34'10".
34'10"
· 34'10"
36'6"
· 41'5"
46'1"
52'11" .
50'11"
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9/27/2022 3:30:00 PM A2202271.S01
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HOLLISTER POLICE DEPARTMENT
395 Apollo Way
Hollister, CA. 95023
Case Number
HA2202271

THEUPSSTORE
Date
09/07/22
Supplement 02
CA0350100
Phone(831)636-4330
Fax (831) 636-4339
Officer
GAETA
On 09-16-22 at approximately 1957 hours, Officers were dispatched to a vehicle vs. pedestrian injury collision at the intersection of Four Street and Graf Road. I arrived on scene and Officer Garcia asked me to assist her on obtaining statements_ I contacted Johann Pacheco who was seated in the front passenger seat of V-2. 1 r;ontacted him on the south curb of Fourth St near the scene of the collision. Johann provided me with the following statement
STATEMENT OF JOHANN PACHECO:
.lohann was in V-2 and they were travelling west bound on San Juan Rd. approaching the stop light that controls traffic at the intersection with Graf Rd. Johann stated he saw the light was green. Johann stated he did not know how fast they were travelling. After going past the intersection, Johann saw Ped-1 run across the roadway going south bound_ Johann stated he saw Ped-1 when she was approximately 10 feet away from V~

2.. Johann stated he noticed when D-2 attempted to avoid colliding with Ped-1. Johann stated D-2 was not able to avoid colliding with Ped-1. Johann did not proVide any further statements.

I later contacted Aiden Pacheco who was a passenger of V-2. Aiden was seated in the right rear passenger seat. He provided me with the following statement STATEMENT OF AIDEN PACHECO:

Aidan stated that they were travelling west bound on San Juan Rd. Aiden recalled the light was green at the intersection with Graf Rd. Aiden did not know how fast they were going. Aiden stated that he was unable to see Ped-1 _ Aiden stated that he became aware of the collision when D-2 attempted to avoid colliding with Ped-1. Aiden stated he felt the truck move away from where Ped-1 was coming form. Aiden stated he just heard tre impact when V-2 and Ped-1 collided. Aiden did not provide any further statements.

RECOMMENDATION:
l request this report be attached to the primary report.

Approved by: WEATHERS Date: 09/20/2022 02:08 AM CONTROLL~ D~

RELEASED TO
_
BY HOLUSTER POLICE DEPt
DATE:_~, Q-dr-3d--

DO NOT DUPLICATE
Conttolled Document, Oupllcaticm of Re-Issuance Controlled by Law l'.lrint Date I Time File Number
9/27/2022 3:30:00 PM A2202271 ,S02
Page Number
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SAN BENITO SHERIFF'S OFFICE
2301 TECHNOLOGY PARKWAY
HOLLISTER CA 95023
Phone (831) 636-4080
Fax (831) 636-1416
MILLER.R I
. Stre~tA~ ·---·
4TH ST , HOLLISTER:

NO, Nam~ (Lest, Fl1'$t, Middle)
01 RUIZ, VELIA
NO. Name (l~,;t, Flt'3t Ml~dle)
02 RUIZ JAIME ROSALES
NO. N•me (Last, !'Jr-,t, Middle)
03 PACHECO ORTIZ SAVINO
N0.
1 N8m~ (Lest, Fle\t, Middle)
04 , ANAYA. MAACO ANTONIO
THEUPSSTORE PAGE l 3i._ ____ _,
[BG2201014 / --~~t;i.,-r-·
ADULT
ADULT
ADULT
ADULT
~~~ .. ~~~~ ,:1-,-, --,-_ ~••-;~,-•P=~ :J-•l~,-~••~~•\•11•-•~; 'i' ·•~ •r I , ~l!jl''•• ••t ! •.l,11••,1l 1,,..,, , , •• ,1,1 , ,./'"""""'~-,1.o, • .J-1,,.1.,.,.,,rl_i_j,,.._,._ ,,,,,, ,I• ,1,, ,,,1Jl•,•l•""•lll•lf1•H\,,l•'I. ', I'" Involvement V!l~o I Offic,ir 1. ReeQYllr Date I Ellton!d SAFEKEEP [ $ 0.00 --·f -·-MILLEFtR --~ II --~ ~-...,......,.,,.. 09/05/2022 --due;mv L ~ED~ATIO-;-~--M•k~ ~ Mexlel ___ l Primary Color I-Trtm Color I y~~r I A~>-siioTWiTca, ~~· ~~cerApplleo~~mller-T ----Se~al --__ r OwnsrAppl1~~ No I -CL(ts·NurTllle~u .. n. t-y-pe , NON SUS~E~T 01 _ I -Gun···3t-• ___ .-· lllko -13eere WMal Size Se~.' M~ke Fender. I . Cliec~ No ~snk Branct, -·· ·-~ \ -·en~~ Len~ln ~ ··Misc lnfO!'!Mlla.; ·
MfSC.MEDICATION THE DECEDENT TOOK
Involvement Value ' OfflCl!r I RecOV<Jr Date J ~E~~p I_. . $ 0.00 . ·+=-MILLER.,R --ti-II __ . 1 [ . ~SA D~l:IIT CARO _ .. _ .., _
Entered
09/0512022
Size I wtf C-.r-
QLlM!I~ ~ Name Make ~· -... Mrxial ... .. I Pn~eeb~o--1-or . ~~· Of/1cerApplledN~,m~er J Serio! ---r . . PP ~ON~·-· CLffi~mber ~·G~a,;;··--~ $e,;t Mak<! l'i,nder I Cheek ·No BBflk BrMe1'1 Dale Wrlfl$n -c-....,n Type Trim Color l Yonr i Age
O~r
NON SUSPECT 01 I_
--Misc lnformsUon
!l/~91l!022 4,1~:36PM
Print Datemm0
. //. ___ _! ----

CONTROLLED DOCUMENT
RELEASED TO: ~_1?,«,J......_/._
BY SAN 8 :rmo CO, SHERIITS DEPT.
~-v,,__.f;Yl4f;J.tt b2=+-+-rf} ~
DATE-T Y-~ ;;If-~

DO NOT OUPUGATE
controlled document, duplication or re-issuance controlled by law. ll~rre/ Len~u,
Page No . 1

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09/30/2022 11:26 8316365203 THEUPSSTORE

SAN BENITO SHERIFF'S OFFICE
2301 TECHNOLOGY PARKWAY
HOLLISTER CA 95023
Phone(831)636-4080
Fax(831)636-1416
~·, = Dusted For Latents
I
N = Tool Marks Noted
N = Vehicla I Shoe Tracks
·NI ,., Photo fmpresslons Taken
Ii ~_j =-Scene Photographed ~ "'Photo(s) Of Victim Taken I N . "" Diagram Of Scene
N-1 ::: Neighbors Contacted
N = Area C!'lecked
rv 1 = Witnesses Contacted j~ "' Victim Contacted
; N _ "'Other (See Narrative}
Coples To
I '!I "" Finger Prints
[Fl = Other Prints
l!i-. "'Weapon I Tools I ~I = Vehicle
Y "'Photos
N ""Hair
INl ""Stains
[NJ -Blood I Semen
I~ "' Other (See Narrative)
I_! I "' Evidence Obtained
PAGr::. 141,.. ___ __,
~N 1 = Was Suspect Arrested ~~·:1-= Can Suspect Be Named N -Can Suspect Be Located
rN_ I -Can Suspect Be !dent.
1-Nj "'Witness To Crime
I N_
1 = Significant M. .0. Present
N -= Property Traceable
N = Significant Evidence
~ "" All Elements Present
:: Major Injury or Rape
N = Can Suspect be Described
fNI = Can Suspect Vehicle be 10
\N "'Is There Significant Reason to
-Believe Crime Can be Solved
Date: Signature Verifying Original Copy of Case: ----------------Released By: _________ Received By:
controlled document. duplication or re-issuance controlled by law. 9/29/2022 "-:14;:;t;Pf<A Print, Dale/Time
Date:

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SAN BENITO SHERIFF'S OFFICE
2301 TECHNOLOGY PARKWA Y
HOLLISTER CA 95023
Phone (831 ) 636 -4080
r=ax. (8 3 1) 6 36-14 16

THEUPSSTORE
Witness Confidential Personal Information
PAGE 15 1._ ___ __,
~d220101 4l
·--·ea!eNIJ nioe,,--
The fo ll owin g is considered confi dentla l personal information as per California Pena l code 964(b ) a nd is provided below to be d isse m inated in accorda nce w ith an agreeable procedure between local law enforcement, the d istri ct attorn ey and th e courts to protect the victims and witnesses of crimes .

Nlirne (Lall Flm1, r,t(!dl"-)

RUIZ, VELIA
NO.-· -D1
NO.
03 Name (L9$1, Flnil, Mldd l~)

RUIZ, JAIME ROSALES
NII""' (l.8a t, Flnlt, I\Alddl,:)
PACHECO ORllZ, SAVINO
COURT , HOLLISTER, CA 115023
Nl cKname
ROAD , SN JUN BAUT\ST" CA 9S"5
1 ⇒~
' 0. ..
lovohiemant
---·· --· ·0a:upst1on
, ""'""111'ln! Nici(nStne Nll ""1 1Last. F1ra1, Md e'1Q) WITNESS ~AYA , MARCO ANTONIO
o,12~~9s, I J'ia.r ; t ~
DL Number
C4412370 CA
NO, Prim&--y Add tl)S$ ---·• . ·---·-. s 9 0 3 -----. r•l ~ .. 1 •211"!::~12 -I "ii I 'i:( 04 1619 FOUff'TH ---____ STREET • HO~LI _TER, CA . 5 2 ____ . Phone OL NUfflt>e t SocantiaivAddn!s_e_ 0 • y4597490 cA ---·-· ------·---·· --------· ·oc~euon .. -- 812912022 4:14:3'\PM
Pr int Dat e/Time controll ed d ocument, duplicati on or re -is s uance contro ll ed by law. P,11ge No. 3

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09 /30/2022 11:25 8315355203 THEUPSSTORE PAGE 151 .... ___ _, SAN BENITO COUNTY SHERIFF,$ OFFfCE
2301 Technology Parkway
Hollister, CA 95023
CA0350000
Phone(831)636-4080
Fax (831)636-1416
Case Number
BG2201014
M&;
Q!!!
09/05/22
Primary Narrative
Deputy
MILLER.R
There was BWC footage digitally recorded on my department issued camera.

INVESTIGATION:

On 09/05/2022, at approximately 2008 hours, I was dispatched to 4 th Street and Graf Road, Hollister, at the request of Hollrster Police Department regarding a coroner case.

Upon arrival, I observed a Nissan Frontier (#12363Y2), parked in the eastbound lane of traffic, approximately 20 feet east of the crosswalk at 4111 Street and Graf Road. I observed front end damage to the front driver side headlight. I observed multiple numbered evidence placards scattered across the street. Approximately 30 feet east of the crosswalk of 4 1" Street and Graf Road, there was the decedent I made contact with Hollister Police Department (HPD) Officer L. Garcia (#11112), and she provided me the following statement:

STATEMENT OF HPO OFFICER L. GARCIA:

HPD Officer L. Garcia advised the driver of the Nissan Frontier was Savino PachecoOrtiz (DOB: 01/21/1951). Garcia stated Savino was driving eastbound on 4 th Street. Savino observed he had a solid green light through the intersection of 41h Street and Graf Road .

Approximately 20 feet east of the 4th Street and Graf Road crosswalk, Savino observed the decedent running from the north shoulder of 4th Street to the south shoulder of 4 th Street. Savino turned the steering wheel of his vehicle to the right, to avord hitting the decedent Savino was unsuccessful, ultimately striking the decedent with the front driver s ide of his vehicle,
At this time, Savino stopped his vehicle , exited his vehicle, and called 911.

HPD Officer L. Garcia advised she had Savino breath into a Drager breathalyzer and Savino's Blood Alcohol Content was 0.00%. Garcia advised American Medical Response (AMR) A Marchesi (#P40171) pronounced the decedent deceased at 2008 hours.

Refer to Hollister Police Department's case #22~0002271 for details.

INVESTIGATION CONTINUER;
At this time, I spoke with the witness, identified as Marco Anaya (DOB: 12/11/1982), and he told me the following:

Controlled Document, Oupllcalion or Re-Issuance Controlled by Law Print Date I Time File Number
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09/30/2022 11:25 8315355203 THEUPSSTDRE

SAN BENITO COUNTY SHERIFF'S OFFICE
2301 Technology Parkway
Holl ister, CA 95023
1-'A ot:.. 1 ti1 .... ___ _,
CA0350000
Phone (831) 636-4080
Fax (831)636 -1416
I spoke with Jaime and advised him of Velia's passing. Jaime advised he last saw Velia at approximately 1900 hours . Jaime stated Velia stays active by normally walking around Hollister. Jaime advised it was late and he had not seen Velia come home. Jaime informed me Velia was depressed. but she was not suicidal. Jaime stated today was a normal day and Velia was happy. I provided Jaime with the $20 dollar bill that was found at the scene.

Jaime advised Velia was last seen by a nurse on 09/03/2022, for her high blood pressure. Jaime stated the nurse came to Jaime stated Velia suffera ~rom high blood pressure, depression, diabetes, and anxiety. Jaime provided me with the m edication that Velia was prescribed _
Jaime assisted in provid ing the necessary information to complete the Sheriff's Office Coroner Face sheet. I provided Jaime with a business card w ith the case number on it.

Upon return to the Sheriff's Office, I processed and booked Velia's medication and visa debit card into evidence for safekeeping. All photos were uploaded onto the SBSO 2022 patrol photo file , under th is case number.

RECOMMENDATIONS:

Forward to Investigations for follow-up .

ATTACHMENTS:

Coroner's Face Sheet
OMV photo
PLE0:

Deputy Miller #1075
Approved by : MULL.M Date : 09/06/2022 01 :18 AM
Controlled Do cument. Duplication or Re-I ssuan ce Controlled by Law Print Da te / Tim e File Numbe r
9/29/2022 4:14 :00 PM G2201014
Page Numb er
3of 3

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 8, 2023 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

TITLE OF ITEM: RESOLUTION NO. 2023-22, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF SAN BENITO STREET FROM 5TH STREET TO SOUTH STREET, MONTEREY STREET, AND 7TH STREET FOR THE CITY OF HOLLISTER PARKS AND RECREATION DEPARTMENT ST. PATRICK'S DAY DASH ON MARCH 17, 2023.

DEPARTMENT SUMMARY: This request is for the temporary closure of some streets in Downtown Hollister from 5:30 p.m.-9:00 p.m. for the St. Patrick’s Day Dash to be held on Friday, March 17, 2023. The event is family-friendly, with a DJ, game truck, food vendors, and activities.

The hold harmless agreement, street closure permit, and public assembly permit have been submitted to the City Clerk’s Office. The City of Hollister Parks and Recreation Department sponsors this event. The appropriate department heads have approved the street closure and public assembly permits.

FINANCIAL IMPACT: Staff time, set up, and take down. The item was budgeted in the 2022-2023 Fiscal Year budget.

CEQA: N/A

ATTACHMENTS:

1. Street Closure- St Patrick Day

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF SAN BENITO STREET FROM 5TH STREET TO SOUTH STREET, MONTEREY STREET, AND 7TH STREET FOR THE CITY OF HOLLISTER PARKS AND RECREATION DEPARTMENT ST. PATRICK'S DAY DASH ON MARCH 17, 2023.

WHEREAS, the City of Hollister Parks and Recreation Department would like to offer a community event celebrating St. Patrick’s Day on March 17, 2023; and

WHEREAS, the City of Hollister Police Department has deemed street closures appropriate for Public Safety issues.

NOW, THEREFORE, BE IT RESOLVED that closure pursuant to the following will ensure Public Safety:

Temporary street closure of San Benito Street, from 5th to South Street, Monterey Street to 7th Street to San Benito Street, from 5:30 p.m. to 9:00 pm on March 17, 2023.

Said street will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said the closing is necessary for the safety of persons.

Community Services Department will put up barricades and signs to re-route traffic.

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. 2023-22, 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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CITY OF HOLLISTER

PARADE/EVENT STREET CLOSURE PERMIT
Sponsoring Group t·L~ H ~ bct~ls . ..i, 'KL1.ku 11h{Yl i)c,rl ' Representative filYYULn,Ao \\,u.d; l,1,10
Address )61) vs e,Sj, s+
Phone Number B31-lPJ3 -W2 i4 Email: fAkWl.6Uf\lt{() I ol\Ldi'ru e holl!Jir, C,t (jN Streets , Request Use of 5 ~ s+ Ovvto\ ()(tvl\., Ut,t-1 to d1 . f1) 0 {)~-tit o+-. OvlA-P1 ~ -~Vv\--¼2. v\Bw½v w\ \ \ r1m-h VJ;W., -fu () ~vti1 0+. it ~\ t1 onlu /y U\. :tbLIL IAAAJL_ Nv1½ -I'll 1~&. ewctl t'.\mkxL¥ ')±.

I .

Date t\CVct;h \] 1 1 D'l 2 TimeofDay :from 5 '-?0 ?.m-to g·: DO f .Wl.

Number of People lp O Music: Yes 'f No
Type of Parade/Event St~eet Closure Qt . '\J 1v\-vu_,,\l "> V0c'j CJ. I i bnt,-J,i {iV\ 0'm\ Y:YvY\ C ~\r)JaJi ~ fu ~. 'vMl-i0 pMv6 CM-LVt\°:J. 8 ' 1Y\J\.J N\ I . a{ 1 t\ , 'l [' [l
Dated: 2;7. '2 2
For City of Hollister Use only
Chief of Police Fire Chief
Community Services Director City Manager
Engineering Planning
Approved by City Council at regular meeting of ______ _ ·.f.i•1i-'!{ldH.:J .. !l ;:l.:i-1. 11-,.1',j,_'Jlf·1·~lll\'h., 11ni ,.1-,.~·: ... ~;;,,n.!1~(11.~l-~.,t~ .. :.;~:thH 1:,--, ,.,·J 11. It,. c,;\ I

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT \ ;t~ 2 :l\) , its employees , agents , officers , representatives , contractors , heirs and a~signs, (collectively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees , officers, agents , or contractors , (collectively "City "), for death, personal in j ury , property damage , or any other damages which Applicant may have or suffe r, or which may hereafter accrue , as a result of the :

Block Party
Parade
Public Event
Banner/Sign
Other _________ _
("the Activity "). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity , even though that liability may arise out of negligence or carelessness on the part of the City .

Applicant further understands that accidents, whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister ; and that participants may occasionally sustain mortal or serious personal injuries , and/or property damage, as a consequence thereof. Knowing the risks of the Activity , Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant , and Applicant will make no claim against, sue , attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negligence or other acts or omissions , howsoever caused , of City , as a result of Applicant's participation in, or City 's authorization of the Activity, or any other act or omission of City relating to the Activ ity.

Applicant shall INDEMNIFY , RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims , demands, causes of action , damages , costs , expenses , losses , or liabilities , in law or in equity , of every kind and nature whatsoever, for , but not limited to , injury to or death of any person including Applicant , and damages to or destruction of any property of City or Applicant , or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity , however caused and regardless of whether or not caused in part by the C ity . (b) Any and all damages , costs , expenses , or penalties , imposed on account of the violation of any governmental law or regulation , compliance with which is the responsibility of Applicant.

Applicant shall, at its own cost , expense and risk , defend all suits , act ions , or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relating to the Activity , or to enforce any penalty relating to the Activity. Applicant shall pay and satisfy any judgment, award, decree or penalty assessment that may be rendered against City , in any such suit , action or other legal proceedings. Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of e,City .

Q,J . 23
DATE
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March 17th
Street Closure
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ANTICIPATED RETURN PERMIT

AJTENDEES WITHIN
1000 + 60 + days
0-1000 45+ days

CITY OF HOLLISTER
Date Received
By City Clerk -----

PUBLIC ASSEMBLY PERMIT
Please complete the permit application and return to the City Clerk within the prescribed time period referenced above . Should you need further space to respond to these questions, please use page 7 or attach your responses to this application. Please attach Certificate of Insurance to this application.
l . Applicant
Name Address
2 . Sponsoring group(s):

Name Address
Public Assembly Pem1it
Phone .
w:
email:

Phone
h:
w:
email:
h:
w:
email:

Page 1 ends

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3. The person in charge of the Event:

Name Address ~vJ o \vu_cLi \1\,1-._,
4 . Will monitors or security pe r sonnel be employed
during the event?
Name Address
\(\~If\..-
\"\''
Phone (
h: ~1'3-ll''l-~lf w :

YES ~ If yes , please list below:

Phone
h:
w:
h:
w:

5. Emergency contact (other than the person in charge of the Event):
~me I Address I Phone
:. lJ 1 ?? -1.p 'LS I

6. If private property, please list all property owners:

Name Address Phone
h:
\t\ I\~ w:
'VI I h :
w:

Pu blic Ass em bly Permi t Page 2 of9

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7. Please describe the nature of the event:
lt \t~ m of o-\ 7&hi(,k'. s t)vl,3 ,fud vec~, ~ h 1;1,dL I CVJ,W\ j) (] ·

8. Date and time of the Event:

Date: Finish Time: cj ,, '.-3 0

9. Please describe the location of the Event, including its boundaries: \){U'.) \2l V\.;~J Qt-. ~ 6 ~ J-o S1rn :hi . N {lcj th D-f I vJ OY1 'l'Ax.y Jt _ -twn" I 0. Estimated number of pat1icipants:_-f~i--Q....__ ___ _

11. Please describe the number of vehicles, animals and/or structures that will be used in the Event:

Items Number Describe
Vehicles \ ~~ .,h,-vvtJL..

Animals
Structures \ bt1.\\~ 6\J\rv.h -hT ~~-
' /J 7 -I I n .!-f ,I\ t · W .J\ I fY\
Other -I u
Public Assembly Permit Page 3 of9

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12. Please provide a brief description of an y sound amplification equipment and illumination to be used at the Event:

Item Number of U nits T ype Location
Sound / Amp! ification ' m t,.~ \-t \) tvvll ~l +
lllumination
Other

13. Please provide a brief description of any construction of signs or banners to be used for the Event :

T ype Number Material s L ocation
Banner \ V\ Ylv\ \ -~ i.~O Ov0V"ffh ~ t2JltlA +o o+.

Signs -J

14. Are there parking requirements for the Event: & NO
Please describe 1 :L -Y\ i,\AX Y\ () y 1M 1L Y1() 3 vfyvtS e iD:kd 15 . Will you provide water stations
Location(s): Y\H\),c ?fM{I( \i.J
S No
Will you provide first aid? . ~
Locat10n(s): Yi,~ \6\1cA,1 f"1l tvw't0
(j
NO
If yes, how many?_~--
If yes, how many? ___ _
Will you provide comfort stations
(portable restrooms)
@ NO If yes , how many? __ ._/_ __
Location(s): ~,en.:, /Jd It, i
Public Assembly Penni! Pa ge 4 of 9

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16. Will there be vendors at the Event?
Please describe:
@ NO If yes , how many? 1---
Ty e Number Business License
Food ~ \v t1Y'\.

Drinks
\ -"k-, ()I\.

Other

17. Please list any and all government agencies requiring a permit for the Event :

Permit A 0 ency Current Status
\
\
ADDITIONAL INFORMATION (PARADES):

1. Parade assembly will begin to assemble at: ______________ _ 2~ e assembly point will be: ___________________ _

3. 4. Interval space to be maintained between units:

5. Number of Floats:______ Other_V_e_h-ic-le""""s...,::s;:---------- "'-
Sizes : ---------------
Publi c A ssembly Pe nn it Page 5 of 9

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CITY USE ONLY
****************************************************************************** APPLICATION IS:
□ APPROVED
□ DENIED

CHIEF OF POLICE
□ RETURNED
Exp lanat ion: -----------------------------
□ THIS PERMlT REQUIRES FURTHER INFORMATION:

Explanation: -----------------------------
FURTHER APPROVAL BY:
□ □ ---------------

FIRE CH IEF CITY MANAGER
□ □ ------------------------------
DEVELOPMENT SER VICES DIRECTOR ADMIN. SERVICES DIRECTOR □ □ ------------------------------

MAN AGE MEN T SERVICES DIRECTOR
Public Assembly Penni! Page 6 ol'9

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Please use this page for any additional information you may need to provide.

J u
□
Public Assembly Pennit Page 7 of9

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT Cfu-~ ~tvv:\fS; ± {lt,e,;reiJj {l~ its employees, agents, officers, representatives, contractors, heirs and assigns , (collectively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers , agents , or contractors , (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:

D Block Party
D Parade
·'<() Public Event
D Banner/Sign
D Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City .

App li cant further understands that accidents , whether of a serious or minor nature , occasionally occur during the course of an Activity such as that for which App licant has requested permission from the City of Hollister; and that participants may occasionally sustain mortal or ser ious personal injuries , and/or property damage , as a consequence thereof. Knowing the risks of the Activity , Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant , and such individuals or entities comprising Applicant , and Applicant will make no cla im against, sue , attach the property of, or prosecute the City for injury o r damage or economic loss resulting from the negligence or other acts or omissions , howsoever caused , of City, as a result of Applicant's participation in, or City 's authorization of the Activity , o r any other ac t or omission of City relating to the Activity.

Applicant shall INDEMNIFY , RELEASE AND HOLD HARMLESS the City from :
(a) Any and all claims , demands , causes of action , damages , costs , expenses , losses , or liabilities , in law or in equity , of every kind and nature whatsoever, for , but not limited to , injury to or death of any person including App licant, and damages to or destruction of any property of City or Applicant , or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity , however caused and regardless of whether or not caused in part by the City . (b) Any and all damages , costs , expenses, or penalties , imposed on account of the violation of any governmenta l law or regulation , compliance with which is the responsibility of Applicant.

Applicant shall , at its own cost, expense and risk , defend all suits , actions , or other legal proceedings of every kind that may be brought or instituted by third persons aga inst the City , relating to the Activ ity , or to enforce any pena lty relat ing to the Activ ity . App licant shall pay and satisfy any judgment, award , decree or penalty assessment tha t may be rende red against City , in any such suit , action or other legal proceedings . Applicant shall reimburse City for any and all legal expenses and cost s incurred by City in connect ion therewith or in enforcing th is Agreement.

Notwithstanding the forego ing , nothing herein shall be construed to require Appl icant to indemnify the City from any claim a r ising from the sole negligence or willf lrJti't,)isconduct of t he C ity .

I
I
Public As sem bly Perm it Page 8 of 9

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DASH ~J3ill~
Downtown Hollister J~ .. •• ~
l ~] ~ 1) e } J -l J L l J
6:30PM -8:30PM
Dash Begins promtly at 7PM
DASH STARTS ON 5TH AND

SAN BENITO STREET AND
ENDS ON 7TH STREET
FIRST 50 RUNNERS WILL RECEIVE AT-SI-IIRT

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. 2023-24, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN AMENDMENT TO TASK ORDER 2021-20 WITH KIMLEY-HORN AND ASSOCIATES TO FINALIZE THE

DESIGN DOCUMENTS FOR THE AIRPORT INDUSTRIAL WATER MAIN PROJECT

AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $179,206.00

BRIEF DESCRIPTION: This amendment authorizes the final design documents for the Airport Industrial Water Main Project and authorizes a supplemental appropriation in the amount of $179,206.

RECOMMENDATION: Adopt the resolution authorizing the amendment to Task Order 2021-20 to Kimley-Horn and Associates and approving the supplemental appropriation in the amount of $179,206.

DEPARTMENT SUMMARY: A task order was issued to Kimley-Horn and Associates on August 5, 2021 for preliminary design services related to the Airport Industrial Water Main Project (Project). This contract amendment is for Engineering Services which is exempt from bid requirements per City of Hollister Municipal Code Section 3.06.270.

Once plans and specifications are complete, and the city successfully awards a contract, the Project will install a new 12-inch water main to interconnect existing dead- end mains in the City water system in Flynn Road, Aerostar Way, and Airway Drive. The Project is estimated to include approximately 4,100 linear feet of water main. The proposed alignment will cross several privately owned lots and easement dedications will be required. The original task order was limited to the initial study only.

Preparation of documents for permitting, easements, or construction were excluded from the initial task order.

The original task order included:
 Review of City of Hollister Final Water Distribution System Master Plan dated August, 2018.
 The research of readily available as-built records for existing utilities within the Project limits. This task also included the preparation of utility notification letters to known utility purveyors within and adjacent to the project limits.  Review the location with City staff, identify constraints, identify limits of topographic survey to be obtained and photograph the site.  Prepare up to two alternate alignment exhibits depicting the proposed water line alignment.

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 Preparation of an Engineer’s Opinion of Probable Construction Cost for each of the two proposed water alignments.
 Meeting with City staff to determine the proposed alignment. The topographic survey and final design tasks will be covered by a separate contract based upon the preferred alignment selected.

Kimley Horn and Associates conducted initial meetings with Caltrans to make sure the work within their right-of-way was scoped properly. One of the alternatives was rejected by the property owners in the Airpark subdivision. The final alignment follows the City Water Master Plan’s recommended improvements.

The proposed amendment to the task order will allow Kimley-Horn and Associates to prepare the final design documents based on the preliminary design and the associated tasks as identified in the attached proposal. Staff will return to council with the final design and to request authorization to solicit sealed bids. Once bids are received, staff will return again to request the council to award a contract to the lowest responsive bidder as required by the Public Contract Code.

FINANCIAL IMPACT: $179,206.00 from Fund 621 (Water Expansion) The fund’s available balance is $4,873,528.

CEQA: N/A

ATTACHMENTS:

1. Budget Transfer-Appropriation Form

2. Airport Industrial Water Main project_Amendment 1 202212155rev

3. #DS2021-20 Airport Water Main

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN AMENDMENT TO TASK ORDER 2021-20 WITH KIMLEY-HORN

AND ASSOCIATES TO FINALIZE THE DESIGN DOCUMENTS FOR THE AIRPORT

INDUSTRIAL WATER MAIN PROJECT AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $179,206.00

WHEREAS, task order 2021-20 was issued to Kimley-Horn and Associates for Preliminary Design Services for the Airport Industrial Water Main Project; and

WHEREAS, this project will install a new 12-inch water main to interconnect dead-end water mains in the City water system in Flynn road, Aerostar Way, ad Airway Drive; and

WHEREAS, the project is estimated to include approximately 4,100 Linear Feet of water main; and

WHEREAS, the original task order 2021-20 was limited to the initial study; and

WHEREAS, the City is now ready for Kimley-Horn and Associates to prepare the final design plans and related tasks identified in their proposal dated December 15, 2022.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes staff to amend task order 2021-20 for the final design documents related to the Airport Industrial Water Main Project and approves a supplemental appropriation in the amount of $179,206.00.

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. 2023-24, 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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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves-water expansion 621 300101 179,206
Engineering Services 621 4000 730003 179,206
Total 179,206 179,206

Explanation of Transaction:

Supplemental appropriation to cover costs associated with the des ign of the Airport Industrial Water Main

Project

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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Rev. 7/18
AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC.

This is Amendment number 1 dated December 15,2022 to the agreement between City of Hollister ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated August 5, 2021 (“the Agreement") concerning Task Order Kim-Horn DS 2021-20 Airport Industrial Water Main Project (the "Project").

The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.

The Agreement is amended to include services to be performed by Consultant for compensation as set forth below in accordance with the terms of the Agreement, which are incorporated by reference.

Project Understanding
This amendment authorizes the final design documents for the Airpark Water Main loop based upon the Client selection option from Task 1 preliminary design. The selected alignment is shown in the sketch below:

Task 2 Project Management & Administration
Kimley-Horn will conduct internal project management and administration procedures to schedule deliverables and provide monthly accounting. This task includes maximum of twenty (20) hours of staff time for meeting preparation and attendance.

Task 3 Topographic Survey
Kimley-Horn will utilize Kelley Engineering & Survey as a sub-consultant to perform field survey to obtain topographic survey information for the project limits.

Topographic information will include spot elevations at top of curb, flow line, lip of gutter, crown, back of walk, front of walk, street trees, driveways, tree wells, visible utility locations and invert A.4.b
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Rev. 7/18
elevations (if relevant), inlets and manholes, including inverts, water valves with top of valve nut elevation. Locations requiring curb ramp replacement will be surveyed.

Deliverables will include one AutoCAD file in DWG format with the information noted above and a 3D surface for use in design. Horizontal and vertical control points and planimetrics will be included.

Horizontal control will be NAD 83 California State Plane Zone 4 based on GPS measurements.

Vertical control will be NAVD 88 based on GPS measurements and post processing with National Geodetic Survey’s Online Positioning User Service and calculated with the latest geoid.

The survey crew will be paid prevailing wage rates.

Task 3 Deliverables:
• topographic survey (PDF and AutoCAD)
Task 4 CEQA Initial Study
Kimley-Horn will prepare an Initial Study in support of a Negative Declaration (ND), or Mitigated Negative Declaration (MND) in the event that any mitigation measures are required, for the above referenced project and as requested by the City.

Under this Task Kimley-Horn will provide the following services:
a) Field Visit to Document Existing Environmental Conditions b) Prepare CEQA Initial Study Checklist and Supporting Analysis c) Incorporate City Comments and Prepare Public Review Draft IS/MND d) Prepare CEQA Notices for City Use/Publication
e) Respond to Public Comments
f) Meetings, Consultation, Project Management
This task is based upon the following assumptions listed below:
• Construction impacts (air quality, greenhouse gas emissions and noise) will be minimal and analyzed qualitatively. No modeling is proposed. • Surface impacts will either take place in public rights of way or along private access roads to the greatest degree possible. No biological or cultural resources studies will be prepared.
• Public review is assumed to be local (20-day) review

Revisions to these assumptions listed above will require a Client approved change order to proceed.

Task 5 Final Design PSE
Kimley-Horn will prepare one set construction documents for the combined CIP projects described in the project understanding. The design package for each location will include the following:

Plans - 60%, 90%, and Final Plans
• Title Sheet
• General Notes Sheet
• Horizontal Control and Key Map Sheet
• Plan and Profile Sheets for underground replacement improvements (1”=40’) A.4.b
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• Details for improvements will consist of City and Caltrans standard details. These may include but not limited to: storm drain inlets and street repair details for the inlet construction (sawcut limits, trench patch), curb and gutter replacement details, trench details for pipes, water system reconnections, and pavement rehab.

Quality Control
Kimley-Horn will perform Quality Control (QC) reviews prior to each milestone submittal and throughout the project development. These will be conducted by individuals with expertise in utility projects who have not been involved with the specific design elements of the project. QC reviews will be documented and saved for future reference.

Specifications
Technical specifications for the proposed facilities are based upon City standards and this scope of services excludes preparation or modifications. Kimley-Horn will assist City staff specification writer with bid item description and quantities.

Quantities and OPCC
Quantities of construction items will be determined at each milestone submittal and an OPCC using recent relevant bids from similar projects.

Plan Processing
Plans will be processed through the City. Kimley-Horn will respond to reasonable consolidated review comments provided by the City and resubmit the plans for review.

Task 5 Deliverables:
• Construction Plans 24”x36” sheet size (PDF and AutoCAD) • Specifications (Word and PDF)
• OPCC (PDF)

Task 6 CalTrans Encroachment Permit
Kimley-Horn will prepare the permit application to CalTrans for the proposed utility work within Highway-25 limits and submit on behalf of the City. This task includes the preparation of one plan set for the portion of work within CalTrans right-of-way based upon the documents prepared in Task 3. In addition to sheets included in Task 3 this task will add the following:
• Title Sheet – specific to CalTrans encroachment permit and required agency notes • Traffic Handling Plan (two sheets) – indicating phases of construction, signage, and temporary traffic control for Highway 25. Plans assume two phases of construction.

This task includes up to forty hours of total staff time for coordination of the submittal package and meeting with CalTrans staff pertaining to permits. All permit application fee’s are to be paid directly by the City.

Task 6 Deliverables:
• CalTrans plan set (PDF and AutoCAD)
• CalTrans permit application

Task 7 – Bid Phase Services
Kimley-Horn will attend the pre-bid meeting and respond to questions concerning the plans, specifications, and estimates prepared in Task 4. Should a bid addendum be required we assume a maximum of forty (40) hours of effort. We will review construction bids provided by the Client and make a recommendation to the Client for award of the construction contract.

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Task 7 Deliverables:
• Prepare a construction document addendum, if required, for distribution by the Client. • Prepare answers to bidder’s questions for distribution by the Client on a weekly basis during bid phase
• Conform Plans for construction (PDF)
Task 8 – Design Services During Construction
Kimley-Horn will provide its services on a time and materials basis according to the current Master Agreement rate schedule. Construction is assumed to occur over an eleven-month duration and a maximum of one hundred eighty (180) hours will be required of this effort.

Services we can provide include the following:

Visits to Site and Observation of Construction Kimley-Horn will provide on-site construction observation visits during the construction phase. Kimley-Horn will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Kimley-Horn are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, and similar methods of general observation of the Work based on Kimley-Horn’s exercise of professional judgment. Based on information obtained during such visits and such observations, Kimley-Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn will keep Client informed of the general progress of the Work.

The purpose of Kimley-Horn’s site visits will be to enable Kimley-Horn to better carry out the duties and responsibilities specifically assigned in this Agreement to Kimley-Horn, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Kimley-Horn A shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Kimley-Horn neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents.

Clarifications and Interpretations. Kimley-Horn will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the Client.

Change Orders. Kimley-Horn may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor.

Shop Drawings and Samples. Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs.

Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract A.4.b
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Documents, but subject to the provisions of applicable standards of state or local government entities.

Disagreements between Client and Contractor. Kimley-Horn will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Kimley-Horn shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity.

Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Kimley-Horn will determine the amounts that Kimley-Horn recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Kimley-Horn’s representation to Client, based on such observations and review, that, to the best of Kimley-Horn’s knowledge, information and belief, Contractor’s work has progressed to the point indicated and that such work-in- progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Kimley-Horn’s recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests.

By recommending any payment, Kimley-Horn shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Kimley-Horn in this Agreement. It will also not impose responsibility on Kimley-Horn to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid.

Limitation of Responsibilities. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor.

Assumptions
• Two review cycles of plans submitted through City.
• City is the only reviewing agency with the exception of the CalTrans permit package in Task 6
• Assume City GIS mapping will be used for preparing the utility base mapping for design of the proposed utilities.
• Assume no conflicts with existing utilities as all proposed lines will be replaced in the same location as the existing utility
• Potholing and underground utility locate is limited to the specific scope listed and not all underground utilities may be detected. Assumes contractor will conduct existing utility review and pothole prior to construction.

Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:

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• hydraulic analysis beyond immediate vicinity of the proposed improvements • Survey beyond the specific limits noted in the project understanding • Geotechnical investigation

For the services set forth above, Client shall pay Consultant the following compensation:

Engineering Environmental
Tasks
Project
Manager Principal/QC Prof. I Analyst
II Principal Prof. I Admin
Total

Hours Fee
$265 $327 $180 $146 $345 $180 $127
Task 2 -
Project
Administration,
meetings &
coordination
20 5 10 10 45 $10,005
Task 3 -
Topographic
Survey
2 2 2 6 $1,076
Task 4 -CEQA
Initial Study 4 32 88 4 128 $28,432
Task 5 - Final
Design PSE 36 12 90 102 6 246 $45,318
Task 6 -
CalTrans
Permit
29 9 44 66 4 152 $28,692
Task 7 - Bid
Phase 8 2 6 10 4 30 $5,822
Task 8 -
Design
Services
During
Construction
16 8 16 16 12 68 $13,596
Labor Total 115 36 166 196 32 88 42 675 $132,941
Indirect Expenses (4.6% of labor) $6,115
Direct Expense - Topographic Survey, Underground utility locate, and potholing $40,150 Total Labor and Expenses $179,206

CLIENT: CONSULTANT:

_________________________________ KIMLEY-HORN AND ASSOCIATES, INC.

By: ______________________________ By: Tyler Whaley, PE #C74848

Title: _____________________________ Title: Project Manager A.4.b
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Date: _____________________________ Date: 12/15/2022
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CITY OF HOLLISTER
Send All Mail To:
375 Fifth Street ● Hollister, CA 95023-3876

DEVELOPMENT SERVICES DEPARTMENT - ENGINEERING DIVISION
Office Location: 339 Fifth Street ● (831) 636-4340 Fax: (831) 634-1834 August 5, 2021 TASK ORDER No.

Account No.

Work Category:

Kimley-Horn. Work type:
4637 Chabot Drive, Suite 300 Notice to Proceed:

Kim-Horn DS 2021-20
621-4000-730000
Engineering Services
Bid/Construction Support
Immediately
Pleasanton, CA 94588
Attention: Tyler Whaley, PE
Subject: On call consultant services
In accordance with City of Hollister Professional Services Agreement entered between the City of Hollister and Kimley-Horn on August 6th, 2018 by City Council Resolution 2018-176 the City requests work from Kimley-Horn for preliminary designs for the Airport Industrial Area Water Mai. The work includes the initial study/preliminary design. The particulars of the requested work are identified in the letter proposal from Tyler Whaley to Brett Miller, dated July 15, 2021. The schedule for the completion of the work is also included in the proposal. A copy of that proposal is attached hereto for reference. The fee for the work shall not exceed $20,498.00 without written authorization from the City.

Please proceed with the work. If you have any questions regarding this task order, please give me a call.

Respectfully,
Renee Perales
Renee Perales
Capital Improvements Project Manager
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

MEMORANDUM
Date: July 15, 2021

To: Brett Miller, City Manager
City of Hollister

From: Tyler Whaley, PE C74848
Kimley-Horn and Associates, Inc.

Subject: Airport-Industrial Area Water Main
Thank you, first off, for this opportunity to team with you on this project. We value the trust and confidence that you have in Kimley-Horn’s ability to anticipate your needs and exceed expectations.

We have prepared this brief outline to confirm our Project Understanding and fee estimates that would ultimately be formalized into an agreement for professional services.

Project Understanding
The City wants to engage Kimley-Horn to prepare conceptual plans for the Capitol Improvement Program (CIP) First Priority Water Project No.2. This project will install a new 12-inch water main to interconnect existing dead-end mains in the City water system in Flynn Road, Aerostar Way, and Airway Drive. The Project is estimated to include approximately 4,100 linear feet of water main. It is understood the proposed alignment will cross several privately owned lots and easement dedications will be required. This scope is limited to the initial study only. Preparation of documents for permitting, easements, or construction are excluded.

Task 1 – Preliminary Design Services
a) Review of City of Hollister Final Water Distribution System Master Plan dated August, 2018.

Kimley-Horn shall be entitled to rely on accuracy and completeness of this report and all information and data referred therein. Kimley-Horn will compare the information in this memo to the City provided water model.
b) Kimley-Horn will research readily available as-built records for existing utilities within the Project limits. This task will include the preparation of utility notification letters to known utility purveyors within and adjacent to the project limits.
c) Kimley-Horn will conduct one visit prior to design to review the location with City staff, identify constraints, identify limits of topographic survey to be obtained and to photograph the site. d) Kimley-Horn will prepare up to two alternate alignment exhibits depicting the proposed water line alignment. These exhibits will include the Accessors Parcel Number (APN) and owner information for the private lots within and adjacent to the project.

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Kimley >>> Horn

Page 2 ends

kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

e) Kimley-Horn will prepare an Engineerins Opinion of Probable Construction Cost for each of the two proposed water alignments.
f) Kimley-Horn will conduct one project meeting with City staff to determine the proposed alignment. The topographic survey and final design tasks will be covered by a separate contract based upon the preferred alignment selected.

Fee Estimate
The estimated fee for the review and update is summarized in the table below:

Tasks
Project
Manager Principal/QC Analyst II Admin Acct. Total
Whaley McWhorter Brenneman Costello Hernandez Hours Fee $225 $260 $133 $110 $110
Task 1 -Preliminary
Design 41.0 14.0 44.0 4.0 4.0 107.0 $19,597
Labor Total 41.0 14.0 44.0 4.0 4.0 107.0 $19,597
Indirect Expenses (4.6% of labor) $901
Total Labor and Expenses $20,498

Project Schedule
Upon notice to proceed, we will work expeditiously to provide the project exhibits within 4 weeks. Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus.

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Kimley >>> Horn

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 21, 2023
SUBMITTED: February 13, 2023 AGENDA ITEM: City of Hollister as the Successor Agency of the Redevelopment
Agency
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: RESOLUTION NO. 2023-01 SA, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER, ACTING IN ITS CAPACITY AS THE

SUCCESSOR AGENCY FOR THE CITY OF HOLLISTER REDEVELOPMENT

AGENCY (RDA), TO ADOPT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 (ROPS) FOR THE PERIOD JULY 1, 2023 TO JUNE 30, 2024

BRIEF DESCRIPTION: This resolution adopts the Successor Agency Recognized Obligation Payment Schedule for the period July 1, 2023 to June 30, 2024 along with the administrative cost allowance.

DEPARTMENT SUMMARY: Staff has prepared ROPS 23-24 with the template provided by the Department of Finance (DOF) for Fiscal Year (FY) 23-24 which is attached to the report. This template is used by the DOF and County Auditor-Controller to determine the amount of property tax increment that will be paid to the Successor Agency to wind down the affairs of the former Redevelopment Agency.

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for FY 23-24. Most of the expenses are related to paying off bonds of the former RDA.

There is an administrative cost allowance for winding down the former RDA which helps defer costs associated with the Leatherback property, the West Gateway Streetscape beautification project, existing non-housing loan agreement, and Finance Department administration. The City Council, acting in its capacity for the Successor Agency is required to approve the ROPS 23-24. The ROPS is then submitted to the DOF and County Auditor-Controller.

Staff recommends that the agency adopts the attached resolution approving ROPS 23-

24. FINANCIAL IMPACT: None

CEQA: Categorical Exemption

ATTACHMENTS:

1. ROPS 23-24
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RESOLUTION NO. 2023-01 SA

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER, ACTING IN

ITS CAPACITY AS THE SUCCESSOR AGENCY FOR THE CITY OF HOLLISTER

REDEVELOPMENT AGENCY (RDA), TO ADOPT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 (ROPS) FOR THE PERIOD JULY 1, 2023 TO JUNE 30, 2024

WHEREAS, Health and Safety Code section 34177(I)(2)(A) and (m) requires the Successor agency to prepare and approve a recognized obligation payment schedule (the “ROPS”) and make associated notifications and distributions for the period of July 1, 2023 to June 30, 2024; and

WHEREAS, the recognized obligation payment schedule was prepared using the forms provided by the California Department of Finance to the City of Hollister Successor Agency; and

WHEREAS, Health and Safety Code Section 34177(k) requires the Successor Agency to prepare administrative cost estimates from the Successor Agency Administrative Budget (the “Successor Agency Administrative Cost Estimates”) and provide them to the Auditor-Controller for the County of San Benito; and

WHEREAS, the administrative budget includes cost associated with winding down former RDA with projects such as the West Gateway Beautification Plan, the sale of the 400 Block property and the transfer of the Leatherback property; and Successor Agency Administrative Budget must be approved by the Oversight Board.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister acting in its capacity as the Successor Agency of the Former Hollister Redevelopment Agency (RDA) and in conformance with Health and Safety Section 34177(I) and (m), hereby approves the expenses for July 1, 2023 to June 30, 2024 for ROPS 23-24, the Successor Agency Administrative Budget, and the Successor Agency Administrative Cost Estimates.

BE IT FURTHER RESOLVED that the City Council acting in its capacity as the Successor agency of the Former Hollister Redevelopment Agency (RDA), hereby authorizes and directs the Executive Director or the Director’s designee, acting on behalf of the Successor Agency, to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy. All notices and transmittals necessary or convenient in connection with the approval of the ROPS, approval of the Successor Agency Administrative Budget, approval of the Successor Agency Administrative Cost Estimates, and other actions taken pursuant to this Resolution.

BE IT FURTHER RESOLVED that nothing in this Resolution shall abrogate, waive, impair or any other manner affect the right or ability of the City, as a municipal corporation, to initiate and prosecute any litigation with respect to any agreement or other arrangement between the City and the Former RDA, including, without limitation any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act.

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BE IT FURTHER RESOLVED that approval of a Recognized Obligation Schedule is Categorically Exempt from the California Environmental Quality Act.

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. 2023-01 SA, is an original SA Resolution, or true and correct copy of a City SA 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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Recognized Obligation Payment Schedule (ROPS 23-24) -Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Hollister
County: San Benito
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)

F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
Certification of Oversight Board Chairman:

Pursuant to Section 34177 ( o) of the Health and Safety code , I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
23-24A Total 23-24B Total
(July -(January -
December) June)
ROPS 23-24
Total
$ -

$ 130,000
5,000
125,000
$ 130,000
Name
$ 3,035,666 $ 3,165,666
2,910,666
125,000
2,915,666
250,000
$ 3,035,666 $ 3,165,666
Title
----------------
Signature Date

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7 7

A B C D E F G
Item Project Obligation Agreement Agreement
Execution Termination Payee Description # Name Type Date Dale 4 Fiscal Fees 08101/ 10/01/2032 Union Fiscal agent Agent Fee 2003 Bank of fees for for Bonds California bonds 5 Bond Fees 08101/ 10/01/2032 Wildan Annual
Expense 2003 Financial continuing
Funds Services disclosure for
bonds
7 Successor Admin 02/01/ 01/01/2032 City of Successor Agency Costs 2012 Hollister Agency Admin Administrative
Costs Costs
33 2014 Tax Bonds 08113/ 06/13/2032 Union 2014 Tax Allocation Issued 2014 Bank of Allocation Refunding After 12/ California Refunding Bond 31/10 Bonds 36 2019 Tax Bonds 071261 06/13/2032 Opus 2019 Tax Allocation Issued 2019 Bank Allocation Refunding After 12/ Refunding
Bond 31/10 Bond
Hollister
Recognized Obligation Payment Schedule (ROPS 23-24) -ROPS Detail July 1, 2023 through June 30, 2024 H I J K L M N 0 p
ROPS 23-24A (Jul -Dec)
Project Tolal ROPS
Fund Sources Outstanding Retired 23-24 Area Obligation Total Bond Reserve Other Admin Proceeds Balance Funds RPTTF RPTTF
$25,711,331 $3,165,666 $-

$
-

$
-
$5,000 $125,000
Hollister 9,200 N $5,000 ---2,500 -
Hollister 37 ,000 N $5,000 ---2,500 -
Hollister 250,000 N $250,000 --125 ,000
Hollister 21 ,397,675 N $2,436,250 -

-
4 ,017 ,456 N $469,416 -

-
--
Q R s T u V w
ROPS 23-24B (Jan • Jun)
23-24A Fund Sources 23-248 Total Bond Reserve Other Admin Total Proceeds Balance Funds RPTTF RPTTF
$130,000 $-$-$-$2,910,666 S125.000 $3,035,666
$2 ,500 --2,500 -$2,500
$2,500 ---2,500 -$2,500
$125,000 -

-
-125,000 $125,000
$---2,436,250 -$2,436 ,250
$----469,416 -$469,416
D

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Hollister
Recognized Obligation Payment Schedule (ROPS 23-24) -Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (I), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
Fund Sources
Bond Proceeds Reserve Balance Other Funds RPTTF
ROPS 20-21 Cash Balances Prior ROPS
RPTTF and Comments (07/01/20 -06/30/21) Bonds issued Bonds issued Reserve Rent, grants, Non-Ad min on or before on or after 12/31/10 01/01/11 Balances retained interest, etc . and Admin for future
period(s)
1 Beginning Available Cash Balance (Actual 07/01/20) 11 80,037 RPTTF amount should exclude "A" period distribution amount.
2 Revenue/Income (Actual 06/30/21) 39 ,297 5,315,182 RPTTF amount should tie to the ROPS 20-21 total distribution from the County Auditor-Controller
3 Expenditures for ROPS 20-21 Enforceable Obligations 39,297 1,266,473 (Actual 06/30/21) 4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
No entry requ ired RPTTF amount should tie to the Agency's ROPS 20-21 PPA form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/21) $-$11 $-$-$4,128,746 Per Bond agreements funds are received C to F = (1 + 2 -

3 -4), G = (1 + 2 -

3 -
4 • 5) ahead of payment due date.

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Hollister
Recognized Obligation Payment Schedule (ROPS 23-24) -Notes July 1, 2023 through June 30, 2024
Item# Notes/Comments
4 5
7 33
, ........
36 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. 1229 AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO REPEAL SECTION 17.22.040, ACCESSORY DWELLING UNITS, AND REPLACE WITH A NEW CHAPTER, CHAPTER 17.32, ACCESSORY DWELLING UNITS.

DEPARTMENT SUMMARY: The Planning Commission reviewed necessary modifications to the Zoning Ordinance related to Accessory Dwelling Units, resulting from changes in State Law (Section 17.22.040 of the Zoning Ordinance), 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 Section 17.22.040 of the Zoning Ordinance was last amended in 2019. Following the August 4 Study Session, Governor Newsom signed Assembly Bill 2221 and Senate Bill 897 into law which further restricted how a City can regulate Accessory Dwelling Units. These Bills became law on January 1, 2023.

On January 26, 2023, the Planning Commission reviewed the draft Accessory Dwelling Unit Ordinance and adopted a Resolution (Resolution No. 2023-1) recommending the City Council repeal the existing 17.22.040, Accessory Dwelling Units and replace with Chapter 17.32, Accessory Dwelling Units. The following Sections provide information on changes in State Law and the proposed modifications to the Zoning Ordinance.

Accessory Dwelling Units (ADUs)
An Accessory Dwellings Unit (ADU) is an accessory dwelling with complete living facilities for one or more persons. There are several types of ADUs including:

 Detached – which means the ADU is separated from the primary dwelling unit or structure;

 Attached – which means the ADU is attached to the primary structure on a lot;

 Converted Existing Space – which is any space on a lot with a primary dwelling unit (i.e. master bedroom, garage, storage space, accessory structure, etc.) E.1
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that is converted into an independent living unit.

 Junior Accessory Dwelling Unit (JADU) - which is a specific type of conversion of an existing space within a single-family residence that is contained entirely within that structure.

Changes to Government Code Sections 65852.2 and 65852.22 Following an amendment to Section 17.22.040, Accessory Dwelling Units, in 2019, several Bills were passed which restricted how local governments can regulate Accessory Dwelling Units. These changes are discussed in further detail below.

The following changes to State Law have been made which regulates how the City can process an Application for an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU):

 The Application for an ADU or JADU shall be deemed approved if the City has not acted on a complete application within 60 days (reduced from 120 days);

 Requires ministerial approval of an application in a residential or mixed use zone to create one ADU and one JADU per lot;

 Establishes impact fee exemptions and limitations;

 If a City denies an ADU, the City must provide the applicant with a full set of reasons on why the ADU does not comply with the Zoning Ordinance/State Law and what must be done in order for the City to approve the request;

 The City cannot deny an application for an ADU solely on the basis that there are nonconforming zoning conditions, building code violations, or unpermitted structures on the site; and

 Prohibits Covenants, Codes and Restrictions that restrict the construction of or use of and ADU or JADU.

The following changes in State Law restrict cities from limiting the occupancy, design and size of ADUs and JADUs:

 Allows for the rental of a ADU or JADU even if the ADU or JADU was approved with a condition that restricted the unit being rented;

 Prohibits requirements which require a minimum lot size for construction of an ADU;

 Eliminates owner occupancy requirements for ADUs approved between January 1, 2020 – January 1, 2025;

 Prohibits a City from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU has one or more bedrooms; E.1
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 When an ADU is created through the conversion of a garage, carport, or covered parking, the City may not require replacement off-street parking;

 The accessory structure definition has been modified to read “a structure that is accessory or incidental to a dwelling on the same lot as the ADU”;

 Allows a City to identify an ADU or JADU as an adequate site to satisfy Regional Housing Needs Allocation housing needs;

 Allows a JADU to be constructed within the walls of a proposed or existing single family residence and eliminates the required inclusion of an existing bedroom or interior entry into the residence;

 An ADU does not count towards the allowable density of a lot;

 Parking requirements for an ADU may not exceed one parking space per unit or bedroom, whichever is less and may be provided as tandem parking on a driveway;

 Modifies the maximum height of attached and detached ADUs;

 Requires a City to relax the required front yard setback if the setback would preclude one 800 square foot ADU from being constructed on a property;

 There is no limit on the number of bedrooms in an ADU;

 Specifically allows Junior Accessory Dwelling Units (JADU) to be constructed within the garage (clarification of earlier Bills);

 Requires an interior door to allow access into the primary residence when the JADU shares a bathroom with the main house;

 Includes a definition of objective standard which is now defined as a standard that involves “no personal or subjective judgment by a public official” and that is “uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal;” and

 An ADU is also permitted on a lot where an SB 9 lot split has occurred (as long as there are no more than two total dwelling units on each parcel).

Zoning Ordinance Amendment
As proposed, Section 17.22.040 of the Zoning Ordinance will be repealed and replaced with Chapter 17.32, Accessory Dwelling Units. The new Chapter 17.32 incorporates the requirements of two bills discussed above as well as all requirements of Government Code Sections 65852.2 and 65852.22. The new Chapter 17.32, Accessory Dwelling Units is discussed in detail below.

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Section 17.32.020 Definitions

This Section provides definitions for all of the terms in Chapter 17.32, Accessory Dwelling Units.

Section 17.32.030 Accessory Dwelling Units (ADU)

Accessory Dwelling Units (ADUs) are defined as (Section 17.32.030(A):
“Accessory Dwelling Unit (ADU) shall have the same meaning as defined under Section 65852.2(j) of the Government Code and shall mean an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation. An ADU may be located within an existing attached or detached garage, shed, barn or any other accessory structure. An ADU may add up to 150 square feet beyond the physical dimensions of the existing accessory structure to provide for ingress and egress (including, but not limited to entryways, stairwells, and hallways).”

Section 17.32.030 establishes the requirements for attached and detached ADUs for single family and multi-family properties. The following regulations established in this Section are required by Government Code Section 65852.2:

 Maximum number of ADUs allowed on a property (for example, only one ADU and JADU are allowed per single family property).

 Maximum ADU size (discussed in further detail below).

 Minimum Unit Size of 150 square feet.

 Side and rear yard setbacks of 4 feet.

 Requirement that detached ADUs are set back 6 feet from the primary dwelling unit and three feet from any uninhabited structures.

 Lot coverage is the same as lot coverage established for the Zoning District in which the property is located.

 ADUs on properties which are located within a historic district or on a historic property must be located so that they are not visible from the public right-of-way or entirely within the existing residence or within an existing detached structure on the property.

 One parking space is required for every ADU with one or more bedrooms. If the ADU is a studio apartment, no parking spaces are required.

 Each ADU is required to have its own entrance.

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 Fire sprinklers are only required to serve the ADU if the existing or proposed primary dwelling unit has fire sprinklers.

The following regulations established in this Section are optional and are allowed to be included in a City’s Ordinance. Staff recommends that these requirements be included in the ADU Ordinance to guide the design of the units and to ensure that the ADU is compatible with the design and character of the City’s residential neighborhoods.

 No more than 50% of the front setback area may contain hardscape, excluding the allowed driveway for garages.

 A separate utility connection shall not be required for any accessory dwelling units which are the result of a conversion of existing space (plus an addition of up to 150 square feet as allowed by this Section) or within the proposed space of a single-family dwelling (new construction). All other accessory dwelling units will require a separate utility connection.

 ADUs which are visible from the street are required to have the same architectural style, detail, color, and building materials as the existing or proposed primary dwelling unit.

 ADUs which are not visible from the street shall have the same color and materials of the existing or proposed primary dwelling unit.

 All mechanical equipment shall be screened from view.

 Short-term rental (of less than 30 days) are not permitted.

Pursuant to the Government Code, the required front yard setback and maximum lot coverage must be waived if it would preclude one 800 square foot ADU from being constructed on the property.

Government Code Section 65952.2(c)(2)(B) requires a City to allow an ADU that has a minimum size of 850 square feet for studio – one bedroom units. For ADUs which have more than one bedroom, the City is required to allow a minimum of 1,000 square feet.

Section 17.32.030.C in the Draft Ordinance (Exhibit A of Attachment 1) allows for the minimum prescribed in the Government Code and states:

“Unit Size. The total floor area of an attached or detached accessory dwelling unit shall not exceed 1,000 square feet for an ADU with more than one bedroom or 850 square feet for a single bedroom. However, in no case shall an attached accessory dwelling unit exceed 50% of the total square footage of the existing principal residence. An exception to the 50% maximum shall be waived in order to allow a minimum 800 square foot and a maximum 1,000 square foot ADU.”

Section 17.32.040 Junior Accessory Dwelling Units (JADU)

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This Section establishes the regulations for JADUs. These regulations are required by Government Code Section 65852.22.

Section 17.32.020(D) defines a JADU as:

“Junior Accessory Dwelling Unit (JADU) shall mean a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence, including within an attached garage, and does not result in an addition to the structure for ingress or egress which is more than 150 square feet in size. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.”

The regulations for JADUs established in Section 17.32.040 include:

 A JADU must be located within the walls of an existing or proposed single family residence, including within the garage.

 An addition of up to 150 square feet to allow for ingress and egress into the unit is allowed.

 Only one JADU is allowed on a property.

 The maximum size of a JADU is 500 square feet.

 Off-street parking is not required.

 A separate entrance from the primary dwelling unit is required.

 The JADU must include an efficiency kitchen.

 The owner of the property is required to occupy the JADU or the primary residence.

Section 17.32.050 Permit Applications

This Section lists the information that must be submitted by an Applicant for an Application for an ADU or JADU. As part of the process, the Applicant will also be required to record a restrictive covenant which runs with the land and includes the following:

 A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;

 A prohibition against renting or leasing the units for a period of less than thirty (30) days;

 A prohibition on the sale of an accessory dwelling unit separate from the sale of the single-family residence; and
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 A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code Section 65862.22.

Section 17.32.060 Review Procedures

This Section establishes the review process for all ADUs and JADUs. For an ADU or JADU, the Director of Development Services will approve or disapprove the Application.

Non-Permitted Accessory Dwelling Units

The conversion of space within a non-habitable space (such as a garage or carport) to habitable space is allowed pursuant to Section 17.16.020(B)(3). These conversions are not permitted to include a kitchen and therefore are not considered to be an ADU or JADU. These types of conversions were popular before the impact fees for ADU and JADUs were reduced in 2020 by the implementation of the new State Laws.

Staff is aware that some residents have converted these permitted spaces to include a kitchen after they were constructed or include areas for cooking that would qualify as an efficiency kitchen. In some cases, the property owners have requested a second ADU or JADU on the property (in addition to the converted space). When a request comes in for a ADU or a JADU, Staff will check the records for the property to determine if a conversion was previously approved. If one was approved, Staff will conduct an on-site visit to determine if the converted space now meets the definition of a ADU or JADU established by Section 17.32.020. If the conversion does, the property owner will be limited to the maximum number of units allowed on the property (one JADU and one ADU).

For property owners who wish to legalize their conversion or modify the approved conversion to allow a kitchen in the converted space, Staff will be happy to work with the property owners to legalize the space or allow the space to be converted to a legal ADU or JADU.

Conclusion:

The proposed amendment to the Zoning Ordinance is part of Phase I of the overhaul of the Zoning Ordinance. Section 17.22.040, Accessory dwelling units, was last modified in 2019 and the State has passed several Bills and amendment the Government Code to further restrict how cities can regulate ADUs and JADUs. Staff is proposing to rescind the existing 17.22.040 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 ADUs and JADUs. The new Chapter 17.32, Accessory Dwelling Units, is consistent with the requirements of the Government Code.

City Council Options:

The City Council has the following options at tonight’s meeting:

1. Adopt an Ordinance repealing Section 17.22.040, Accessory dwelling units, of E.1
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the Zoning Ordinance, and replace with a new Chapter, Chapter 17.32, Accessory Dwelling Units.

The adoption of this Ordinance will ensure that the City has regulations regarding Accessory Dwelling Units that are easier to understand, than the Government Code, for Staff, property owners and Applicants. The adoption of the proposed Ordinance will also allow the City to include regulations regarding compatibility of the proposed Accessory Dwelling Unit with the existing residence (where visible) and the prohibition of short term rentals (rentals which are less than 30 days). The proposed Ordinance also includes the application and review process to assist Staff and applicants with these types of applications. This Ordinance has been written to 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.

2. Deny the Ordinance repealing Section 17.22.040, Accessory dwelling units, of the Zoning Ordinance, and replace with a new Chapter, Chapter 17.32, Accessory Dwelling Units.

Should the City Council deny the proposed Ordinance, the City’s existing Section 17.22.040, Accessory dwelling units, 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. This would not allow the City to prohibit short term rentals or require the unit to be compatible with the colors and materials of the existing structure.

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).

Additionally, the construction of Accessory Dwelling Units and Junior Accessory Dwelling Units are Categorically Exempt from CEQA review (Class 3) pursuant to CEQA Guidelines Section 15303.

ATTACHMENTS:

1. Attachment 1. Section 17.22.040 Accessory Dwelling Units

2. Attachment 2. HCD_ADU Handbook Update

3. Attachment 3. Resolution 2023-1_ZOA 2023-1_Unsigned

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO REPEAL SECTION 17.22.040, ACCESSORY DWELLING UNITS, AND REPLACE WITH A NEW CHAPTER, CHAPTER 17.32, ACCESSORY DWELLING UNITS.

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and

WHEREAS, following an amendment to Section 17.22.040, Accessory Dwelling Units in 2019, the Governor signed several Bills into law which limits how cities can regulate and review Accessory Dwelling Units; and

WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code 65852.2 and 65852.22; and

WHEREAS, on August 4, 2022, the Planning Commission held a noticed Study Session to discuss necessary changes to the City’s Accessory Dwelling Unit Ordinance; and

WHEREAS, the City desires to repeal the existing 17.22.040, Accessory Dwelling Units, which is inconsistent with State Law and replace with Chapter 17.32, Accessory Dwelling Units; 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- 1 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and

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

WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendment 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 17.22.040, Accessory Dwelling Units, which is inconsistent with State Law and replace with Chapter 17.32, Accessory Dwelling Units; and
WHEREAS, any illegal conversions of a permitted conversion of space (pursuant to Section 17.16.020(B)(3) of the Zoning Ordinance) to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit will be counted as an Accessory Dwelling Unit or Junior E.1
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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

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 Section 17.22.040, Accessory Dwelling Units, and the replacement with Chapter 17.32, Accessory Dwelling Units will codify the requirements of Government Code 658512.2 and 65852.22 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 Accessory Dwelling Units and Junior Accessory Dwelling Units, a list of development standards, submittal requirements, review procedures, and will include objective design standards.

3. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations in the General Plan and any adopted area or specific plan because: by repealing Section 17.22.040 and replacing with a new Chapter, Chapter 17.32, Accessory Dwelling Units, the City will provide a clear, easy to use method for determining the requirements to gain approval of these structures within the City.

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

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1. The California Environmental Quality Act (CEQA) together with State Guidelines, require that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future residential projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

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

SECTION 1: The Hollister Municipal Code is hereby amended to repeal Section

17.22.040, Accessory Dwelling Units and replace with Chapter 17.32, Accessory Dwelling Units to read as follows:

Chapter 17.32 - Accessory Dwelling Units

17.32.010 Purpose.

The purpose of this Chapter is to establish development standards for the construction of Accessory Dwelling Units and Junior Accessory Dwelling Units in residential or mixed-use (single-family and multi-family) zoning districts consistent with Government Code Sections 65852.2 and 65852.22.

17.32.020 Definitions

A. Accessory Dwelling Unit (ADU) shall have the same meaning as defined under Section 65852.2(j) of the Government Code and shall mean an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation. An ADU may be located within an existing attached or detached garage, shed, barn or any other accessory structure. An ADU may add up to 150 square feet beyond the physical dimensions of the existing accessory structure to provide for ingress and egress (including, but not limited to entryways, stairwells, and hallways).

B. Efficiency kitchen shall mean an area with cooking appliances, food preparation counter(s) and storage cabinets that are of a reasonable size in relation to the size of the junior accessory dwelling unit.

C. Efficiency Unit shall mean a dwelling unit construction in accordance with Health and Safety Code Section 17958.1 or the California Building Code Section 1208.4.

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D. Junior Accessory Dwelling Unit (JADU) shall mean a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence, including within an attached garage, and does not result in an addition to the structure for ingress or egress which is more than 150 square feet in size. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.

E. Multi-family for the purposes of this Chapter shall mean a property with two (2) or more attached dwelling units on a single lot. Multiple detached dwelling units are not considered a multi-family property.

F. Primary dwelling unit shall mean a residential dwelling, other than an ADU or JADU, with provisions for living, sleeping, eating, a kitchen for cooking, and sanitation facilities.

G. Single-family unit for the purposes of this Chapter shall mean a property with one (1) detached residential dwelling unit.

H. Tandem parking shall mean two or more automobiles parked on a driveway or on any other location on a lot, lined up behind one another.

17.32.030 Accessory Dwelling Units (ADU)

An Accessory Dwelling Unit (attached or detached) shall comply with the following regulations:

A. Location. An ADU may be located on any property where a residential dwelling is permitted by right or conditionally permitted and where the proposed accessory dwelling unit will be an accessory to the primary dwelling unit.

B. Maximum Number of Units and Density.

1. For lots with a single-family residence, there shall be a maximum of one (1) attached ADU or one (1) detached ADU unit which may be combined with a Junior Accessory Dwelling Unit that is consistent with Section 17.32.040.

An ADU may be located within a detached garage.

2. For lots with a two-unit residential development, approved under Chapter

17.26, Two-unit Residential Developments and Urban Lot Splits, an ADU or JADU may not be constructed if two (2) primary dwelling units exist on the site.

3. Accessory Dwelling Units that conform to this chapter shall be exempted from the calculation of the maximum allowable density for the lot on which it is located.

4. Accessory Dwelling Units on a multi-family property are subject to the following:

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a. A minimum of one (1) ADU will be allowed within the non-livable portions of the existing multi-family structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and garages. The maximum number of ADUs shall not exceed 25% of the number of existing legally established dwelling units within the existing multifamily structure; and/or

b. A maximum of two (2) ADUs that are detached from the multi-family structure.

C. Unit Size. The total floor area of an attached or detached ADU shall not exceed 1,000 square feet for an ADU with more than one bedroom or 850 square feet for a single bedroom. However, in no case shall an attached ADU exceed 50% of the total square footage of the existing principal residence. An exception to the 50% maximum shall be waived in order to allow a minimum 800 square foot and a maximum 1,000 square foot ADU.

D. Minimum Unit Size. An ADU shall be a minimum of 150 square feet or the size necessary to accommodate an efficiency unit as defined by Health and Safety Code Sections 17958.1 whichever is greater.

E. Setbacks.

1. Front Yard. The minimum front yard setback shall conform to the requirements of the Zoning District which governs the property, except where necessary to allow a minimum 800 square foot ADU with side and rear yard setbacks as defined below.

2. Side Yard. The minimum side yard setback shall be four feet.

3. Rear Yard. The minimum rear yard setback shall be four feet.

4. Existing Structure. The setback for an existing, legal nonconforming shall be allowed to continue on the site. Any addition to the existing structure shall be allowed to use the same setbacks that were previously approved.

5. Setbacks Between Structures. A detached accessory structure shall be setback six (6) feet from the primary dwelling unit and all new structures shall be set back a minimum of five (5) feet from the eaves of an inhabited structure (measured from eave to eave) and a minimum of 3 feet to an uninhabitable structure.

6. Planned Unit Development. Where a Planned Unit Development allows a smaller setback for side or rear yards than the setbacks under this Chapter, the new ADU shall comply with those Planned Unit Development setbacks.

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7. Second Story ADU. For an ADU located on a second story, the second story shall be set back five (5) feet from the main wall of the existing primary dwelling unit.

F. Lot Coverage. The principal residence and ADU combined shall meet the requirements for lot coverage or floor area ratio of the Zoning District in which the property is located. The maximum lot coverage or floor area ratio required by the Zoning Ordinance shall be waived in the amounts necessary to accommodate an ADU with a gross floor area of up to 800 square feet with the minimum required side and rear yard setbacks.

G. Historic District or Property. If the proposed ADU is located on a lot that is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to an Ordinance by the City of Hollister or San Benito County, the proposed ADU shall comply with the following:

1. A newly constructed ADU (attached or detached) shall not be visible from the public right-of-way; or

2. The ADU shall be entirely contained within the existing dwelling unit (excluding any porch or other architectural detail or feature on the property) or within a detached structure on the property.

H. Height. A detached ADU shall not exceed 16 feet in height on a single-family property or 18 feet in height for an ADU on a multi-family property. The maximum height for an attached ADU shall conform to the height requirements of the zoning district where the lot is located.

I. Required Parking. The following parking requirements apply to ADUs and JADUs.

1. An ADU shall be provided with one (1) off-street parking space per unit (if the ADU is a studio, then no space is required) in addition to parking required for the principal residence in accordance with Table 17.18-1, Off- Street Parking and Bicycle Spaces Required by Land Use Type.

2. If a space is required, the space may be compact, may be uncovered, and may be in a tandem space with the required parking of the principal dwelling unit (either covered or uncovered).

3. Off-street parking for an ADU or JADU is not required in any of the following instances:

a. When the ADU is created through the conversion of a garage, carport, or covered parking structure.

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b. The ADU is located within an architecturally and historically significant historic district.

c. The ADU is within a new or existing primary dwelling unit or accessory structure.

d. When on-street parking permits are required but not offered to the occupant of the ADU.

e. The ADU is located within one-half mile walking distance of a public transit stop.

f. When there is a car share vehicle located within one block of the ADU.

J. Entrance. An ADU shall require a separate entrance from the main entrance to the proposed or existing principal residence. An exterior stairway proposed to serve an ADU on a second story or higher shall not be visible from the front public right-of-way.

K. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, excluding the allowed driveway for garages pursuant to Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards. Driveway width shall be a maximum of 20 feet in width for a double-car garage and 30 feet for a three-car garage.

L. Public Utilities and Services. Accessory Dwelling Units shall be served by public water and sewer and shall have access to an improved public street. A separate utility connection shall not be required for any ADUs which are the result of a conversion of existing space (plus an addition of up to 150 square feet as allowed by this Section) or within the proposed space of a single-family dwelling (new construction). All other ADUs will require a separate utility connection.

M. Design. All attached and detached ADUs which are visible from the street shall have the same architectural style, detail, color, and building materials as the existing or proposed primary dwelling unit. For detached ADUs which are not visible from the street, the detached ADU shall have the same color and materials as the existing or proposed primary dwelling unit.

I. Mechanical Equipment. All mechanical and utility equipment shall be screened from view from the street through a combination of wall or fencing and landscape plant materials sufficient to screen the height and width of the equipment.

N. Fire Sprinklers. Fire Sprinklers in an ADU shall not be required if they were not required for the primary dwelling, in accordance with Government Code Section 65852.2. For an ADU in a multi-family structure, the entire residential structure shall serve as the “primary residence” for the purposes of this requirement. If the multi-family structure is served by fire sprinklers, the ADU shall be required to install fire sprinklers.

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O. Occupancy. Owner-occupancy shall not be required as a condition of permit approval for ADUs permitted between January 1, 2020 and January 1, 2025.

P. Ownership. An ADU shall not be sold or otherwise conveyed separately from the residential dwelling(s).

Q. No Short-Term Rental. Accessory Dwelling Units shall not be rented for terms of 30 days or less.

17.32.040 Junior Accessory Dwelling Units (JADU)

A Junior Accessory Dwelling Unit(JADU) shall comply with the following regulations:

A. Location Permitted. A JADU may be located on a property within a single-family residential zone with one primary dwelling unit located, or proposed to be built, on the property. For historic lots with a two-unit residential development, approved under Chapter 17.26, Two-unit Residential Developments and Urban Lot Splits, a JADU may not be constructed if two (2) primary dwelling units exist on the site.

B. Relationship to Principal Use. The JADU shall be located entirely within the walls of a proposed or existing single-family residence, including an attached garage, except that up to 150 square feet may be constructed outside of the walls of the existing structure in order to provide ingress and egress into the unit.

C. Maximum Number of Units and Density. There shall be a maximum of one (1) JADU per lot. A JADU may be in addition to a detached Accessory Dwelling Unit that is consistent with Section 17.32.030.

D. Unit Size. The total floor area of a JADU shall not be more than 500 square feet, excluding any shared sanitation facility within the principal single-family residence.

E. Parking. No off-street parking is required for a JADU.

F. Entrance. A JADU shall require a separate exterior entrance from the main entrance of the proposed or existing single-family residence. An exterior stairway proposed to serve a JADU on a second story or higher shall not be visible from the front public right-of-way. If the JADU shares a bathroom with the existing dwelling, access from the inside of the unit to the main living area of the dwelling shall be provided.

G. Efficiency Kitchen. A JADU shall include an efficiency kitchen.

H. Occupancy and Ownership.

1. Owner-occupancy of the primary dwelling unit is required. The owner may reside in the remaining portion of the structure or the JADU.

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2. A JADU shall not be sold or otherwise conveyed separately from the principal single-family residence.

3. A deed restriction, which shall run with the land, shall be filed with the building permit application and include the following:

a. Prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the JADU that conforms with Government Code Section 65862.22.

c. No Short-Term Rental. JADUs shall not be rented for terms of 30 days or less. Ord. 17-20 (November 2020)

17.32.050 Permit Application

An application for an Administrative Permit Review for an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall be submitted to the Development Services Department. The application package shall include the following:

A. Application. An applicant for an ADU or JADU shall submit an application on a form provided by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed, all required materials are submitted, and the application fee is paid.

B. Preliminary Title Report. A preliminary title report dated within 6 months of the application submittal date, including a digital copy of all referenced documents.

C. Utility and Service Information. Provide information on available utility easements, services and connections.

D. Deed Restriction. Prior to issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, which shall run with the land and provide for the following, as applicable:

1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;

2. A prohibition against renting or leasing the units for a period of less than thirty (30) days;

3. A prohibition on the sale of an ADU separate from the sale of the single- family residence; and

4. A restriction on the size and attributes of the JADU that conforms with Government Code Section 65862.22.

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E. Nonconforming Conditions. The construction of an ADU or JADU shall not create any unpermitted construction or illegal nonconforming zoning conditions; however, an application shall not be denied due to the correction of preexisting nonconforming zoning conditions.

17.32.060 Review Procedures

A. For an ADU or JADU located on a lot with an existing residential dwelling(s), consistent with state law, the Director of Development Services will administratively consider and approve or disapprove a complete application for an Administrative Permit Review under this Chapter ministerially, without discretionary review or public hearing. The City shall process the application request pursuant to the timelines in Government Code Section 65862.22.

B. If an application for an ADU or JADU is submitted with a permit application to create a new residence on a lot, the application for the ADU or JADU may not be acted upon until the permit application to create the new residence is approved.

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

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

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

INTRODUCED at a regular City Council meeting on the 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:

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Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1229 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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Hollister, CA Code of Ordinances

17.22.040 Accessory dwelling units.

Where allowed by this Zoning Ordinance, an accessory dwelling unit, as that term is defined in California Government Code Section 65852.2(j)(4), shall be constructed as follows:

A. No more than one additional accessory dwelling unit shall be permitted on any single-family parcel.

B. An additional accessory dwelling unit may only be allowed on a residential parcel with one existing single-family detached accessory dwelling unit, and the accessory dwelling unit may be within, attached to or detached from the existing main dwelling unit. If detached, the accessory dwelling unit shall be separated from the main dwelling unit a minimum of ten feet. The accessory dwelling unit may be rented, although rental is not required .

C. The parcel upon which the additional accessory dwelling unit is to be established shall conform to all of the standards of the applicable residential zoning district (e.g., height, setbacks, parcel coverage, etc.).

D. The minimum size of the parcel upon which the additional accessory dwelling unit may be built shall be 6,750 square feet on an interior lot and 8,000 square feet on cul-de-sac or knuckle lots .

E. The additional accessory dwelling unit shall not exceed one story, or in the case of an accessory dwelling unit constructed over a garage or a unit located within the primary unit, shall not exceed the height limit of the applicable zoning district unless the applicant demonstrates a compelling need to exceed the height requirement and it can be demonstrated that the additional height will not preclude solar access and that the massing of the structure will not be out of scale or overwhelm the adjoining properties.

F. The maximum living floor area of the accessory dwelling unit shall not exceed 850 square feet.

G. The minimum living floor area of the accessory dwelling unit shall be 150 square feet.

H. The additional dwelling unit shall be architecturally compatible with the main dwelling unit, and shall contain separate kitchen and bathroom facilities and a separate entrance.

I. The additional accessory dwelling unit shall be provided with off-street parking, in addition to that required for the main dwelling unit, in compliance with Section 17.18.060, unless the accessory dwelling unit meets the exemptions described in California Government Code Section 65852.2(e).

J. Both the main dwelling unit and the additional accessory dwelling unit shall each be provided with a minimum of 450 square feet of usable private open yard area.

K. The additional accessory dwelling unit shall be metered separately from the main dwelling unit for electricity, gas, and water/sewer services. However, the owner of the accessory dwelling unit shall not be required to pay for the connection fee or capacity charge for water and/or sewer for the accessory dwelling unit. For the purposes of impact fees, the accessory dwelling unit shall be charged as a multi- family unit as applicable.

L. In the case of a lot with an existing dwelling unit of less than 850 square feet, a principal unit may be constructed in compliance with the applicable standards for single-family dwellings .

M . In the case of a unit utilizing alley access, the minimum setback shall be ten feet.

N. A detached accessory dwelling unit shall be separated from the principal unit by a minimum of ten feet .
0 . The applicant for the required administrative permit review shall be the owner of the subject property as well as the resident of either one of the dwelling units; Created : 2022-06-14 12:38:06 (EST]
(Supp. No . 5)

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Hollister, CA Code of Ordinances
P. This section shall not validate any existing illegal "additional" dwelling unit. An application for an Administrative Permit Review may be made in compliance with Section 17 .24 .160 to convert a non- permitted "additional" unit to a conforming legal "additional" accessory dwelling unit, and the standards and requirements for the conversion shall be the same as for a newly proposed "additional" accessory dwelling unit.

Q. The following findings shall be made, in addition to those outlined in Section 17 .24 .160, in order to approve an Administrative Permit for an additional accessory dwelling unit :

1. That the additional accessory dwelling unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of bulk, exterior treatment, height, landscaping, length, parcel coverage, scale and width and will not cause excessive noise, traffic, or other disturbances to the existing residential neighborhood or result in significantly adverse effects on public services and resources; and

2. That the additional accessory dwelling unit will not contribute to a high concentration of these units sufficient to change the character of the surrounding residential neighborhood. (Ord . 1038, § 2, 2008; Ord . 1083, § 6, 2012 ; Ord . 1138 § 2, 2017; Ord . 1177, §§ 3, 4, 2019) Create d: 2022-06-1 4 12 : 38 : 06 [ EST]
(Supp. No . 5)

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CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
UPDATED JULY 2022

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2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance ........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9

1. Legislative Intent ............................................................................................................... 9

2. Zoning, Development and Other Standards .................................................................... 11 A) Zoning and Development Standards ......................................................................... 11 B) Size Requirements .....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements .................................................................................................17 F) Bedrooms ...................................................................................................................17 G) Impact Fees ...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19 I) Nonconforming Zoning Standards ...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements .......................................................................................23

3. JADUs .............................................................................................................................24

4. Manufactured Homes .......................................................................................................25

5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25

6. Homeowners Associations ...............................................................................................26

7. ADU Ordinances and Local Agencies ..............................................................................27

8. Enforcement ....................................................................................................................28

9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28

10. Funding……………………………………………………………………… ………………...29

Resources ............................................................................................................................... 30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources ............................................................................................55 E.1.b
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3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.

*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).

What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.

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I _ __JI

4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.

Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often want better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.

ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.

ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians.

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5 Summary of Recent Changes to ADU Laws

In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.

AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.

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6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)

AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and E.1.b
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7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).)

AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an E.1.b
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8 impact on State ADU Law, particularly through Health and Safety Code Section 17980.12.

These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).)

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9 Frequently Asked Questions

1. Legislative Intent

• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.

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10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

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11 2. Zoning, Development and Other Standards

A) Zoning and Development Standards

• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.

Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.

Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.

• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).)

• Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision.

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12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.

Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law.

• Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).)

• Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)

• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)

• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on E.1.b
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13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.

• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).

As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).)

B) Size Requirements

• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?

A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below.

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14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.

Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.

• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).

• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)

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15 C) Parking Requirements

• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.

Note: For the purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be required for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).

What is Tandem Parking?

Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.

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16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)

D) Setbacks

• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.

No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.

Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.

A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, § 65852.2, subd. (c) and (e).)

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17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)

E) Height Requirements

• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.

F) Bedrooms

• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.

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18 G) Impact Fees

• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

What is “Proportionately”?

“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above, anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.

For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 square- foot expansion, a total ADU square footage over 750 square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities.

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19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection with the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)

• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.

Code, § 65852.2, subd. (f)(2).)

H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards

• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

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20 (C) Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D) Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.

The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards. This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.

These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).

ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy.

• How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.

By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).

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21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.

These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.

Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.

Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure.

• Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.

A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.

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22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixed- use development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.

I) Nonconforming Zoning Standards

• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.

Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)

J) Renter- and Owner-Occupancy

• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, § 65852.2, subds. (a)(6) and (e)(4).)

• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or ADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.

However, should a property have both an ADU and JADU, JADU law requires owner- occupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)

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23 K) Fire Sprinkler Requirements

• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.

For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.

L) Solar System Requirements

• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov . You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policy-
research/AccessoryDwellingUnits.shtml.

See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.

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24 3. JADUs – Government Code Section 65852.22

• What is a JADU?

A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)

• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.

JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.

Code, § 65852.22, subd. (a)(1).)

• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.

• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).)

• Are JADUs allowed to be increased up to 150 square feet when created within an existing structure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.

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25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)

4. Manufactured Homes

• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)

Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

5. Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are E.1.b
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26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].

• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs.

• Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.

6. Homeowners Associations

• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.

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27 7. ADU Ordinances and Local Agencies

• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.

• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.

• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.

• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).

Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.

• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not E.1.b
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28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.

For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the locality’s local Coastal Commission district office.

• Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.

8. Enforcement

• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.

HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.

9. Senate Bill (SB) 9 (2021)

• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local E.1.b
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29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.

10.Funding
•Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].

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30 Resources

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31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline)

GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)

Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:

65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is E.1.b
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32 converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(1) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(2) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an E.1.b
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33 ordinance that complies with this section.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local E.1.b
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34 development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory E.1.b
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35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the E.1.b
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37 effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)

Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in underline/italic):

65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or E.1.b
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38 existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs E.1.b
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39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If E.1.b
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40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.

E.1.b
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41 (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.

These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory E.1.b
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42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located E.1.b
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43 on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to 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), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative on January 1, 2025.

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44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 345 (Accessory Dwelling Units)

Effective January 1, 2022, Section 65852.26 is amended to read:

65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1) The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

E.1.b
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45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low- income families who participate in a special no-interest loan program.

Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout, underline/italics) (AB 3182 (Ting)):

4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.

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46 (f) This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.

Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b) A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased. (c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governing documents to comply with this section.

However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g) A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.

Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:

65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the E.1.b
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47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single- family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as E.1.b
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48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:

17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

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49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units

Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):

4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.

GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units

Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):

65583(c)(7).

Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671 (Friedman)):

50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income households. (b) The list shall be posted on the department’s internet website by December 31, 2020. (c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code.

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50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals

Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:

65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.

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51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to 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), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

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52 Section 66411.7 is added to the Government Code, to read:

66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.

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53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of- way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.

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54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to 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), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

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55 Attachment 2: ADU Resources

ACCESSORY DWELLING UNITS: CASE STUDY

By the United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008)

Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.

ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL

POLICY CHANGES

By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley

As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.

In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.

ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN

BARGAIN

By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst

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56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards low- income housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce low- income occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more low- income needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.

IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)

By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation

The report presents the findings from the first-ever statewide ADU owner survey in California.

JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS

LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER

By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley

Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.

THE MACRO VIEW ON MICRO UNITS

By Bill Whitlow, et al. – Urban Land Institute
(2014) Library Call #: H43 4.21 M33 2014
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57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.

REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR

ADU FINANCE

Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.

RETHINKING PRIVATE ACCESSORY DWELLINGS

By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.

One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.

Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-law suites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.

REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES

By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley

Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2) E.1.b
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58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging in place. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to help align formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.

SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW

By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011

This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.

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PLANNING COMMISSION RESOLUTION NO. 2023-1

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

CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL SECTION

17.22.040, ACCESSORY DEWLLING UNITS AND REPLACE WITH CHAPTER 17.32, ACCESSORY DWELLING UNITS (ZOA 2023-1)

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and

WHEREAS, following an amendment to Section 17.22.040, Accessory Dwelling Units, the Governor signed several Bills into law which limits how cities can regulate and review Accessory Dwelling Units; and

WHEREAS, these regulations are included in Government Code Section 65852.2 and 65852.22; and

WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code 65852.2 and 65852.22; and

WHEREAS, the City desires to repeal the existing 17.22.040, Accessory Dwelling Units, which is inconsistent with State Law and replace with Chapter 17.32, Accessory Dwelling Units; and

WHEREAS, the Planning Commission discussed the requirements of Accessory Dwelling Units during a Study Session on August 4, 2022; and

WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2022 to review the new Chapter 17.32, Accessory Dwelling Units, 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 17.22.040, Accessory Dwelling Units, and add Chapter 17.32, Accessory Dwelling Units; and

WHEREAS, the draft Chapter 17.32, Accessory Dwelling Units, is included as Exhibit A to this Resolution; and

WHEREAS, the proposed Zoning Ordinance amendment is exempt from further review under the California Environmental Quality Act because the California Environmental Quality Act (CEQA) does not apply to Accessory Dwelling Units and/or Junior Accessory Dwelling Units because approval of these projects is categorically exempt from CEQA (Class 3 Categorical Exemption, CEQA Guidelines Section 15303). Additionally, the adoption of an Ordinance related E.1.c
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PC Resolution 2023-1
ZOA 2023-1 / ADU and JADU

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Hollister City CouncilFebruary 21, 2023

Hollister City Council
February 21, 2023