ARTICLE II. DENSITY BONUS
17.04.070 Purpose and definitions.
A. Purpose. In accordance with Sections 65915, 65915.5 and 65917 of the California Government Code, the purpose of this Article is to provide density bonuses, incentives, or concessions for the production of housing for very-low, lower, and moderate-income households, senior households, and for the provision of day care centers and donations of land. In enacting this Article, it is also the intent of the City to implement the goals, objectives, and policies of the City's General Plan Housing Element and to establish a City density bonus for the provision of affordable senior housing.
B. Definitions. The following definitions shall apply to this Article:
Affordable ownership cost means a reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, mortgage insurance, property taxes and property assessments, homeowner's insurance, homeowner's association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: (1) 30 percent of 50 percent of area median income for very-low income households; (2) 30 percent of 70 percent of area median income for lower-income households; and (3) 30 percent of 120 percent of area median income for moderate-income households. Area median income shall be adjusted for assumed household size based on unit size as follows: one person in a studio dwelling unit; two persons in a one- bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; and six persons in a five-bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable ownership cost.
Affordable rent means monthly rent, including a reasonable allowance for garbage collection, water, electricity, gas, and other heating, cooking, and refrigeration fuels, and all mandatory fees charged for use of the property, which does not exceed: (1) 30 percent of 50 percent of area median income for very-low income households; or (2) 30 percent of 60 percent of area median income for lower-income households. Area median income shall be adjusted for assumed household size based on dwelling unit size as follows: one person in a studio dwelling unit; two persons in a one-bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; six persons in a five- bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable rent.
Area median income means the annual median income for San Benito County, adjusted for household size, as published periodically in Title 25, Section 6932, California Code of Regulations, or its successor provision, or as established by the city of Hollister in the event that such median income figures are no longer published periodically in the California Code of Regulations.
Concessions means such regulatory concessions as defined in Section 17.04.280 (Development Incentives or Concessions) of this Article.
Day care center means a facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a 24-hour basis, including infant centers, preschools, extended day care facilities, adult day care and elderly day care facilities. Day care center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.
Density bonus means an increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the land use element of the Hollister General Plan in accordance with State law and this Article. This definition has the same meaning as "Density Bonus" defined in Section 65915 of the California Government Code.
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Density bonus program guidelines means guidelines adopted by resolution of the City that outline the criteria and procedures for implementing density bonuses or other regulations.
Density bonus units means those residential dwelling units approved pursuant to this Article, which exceed the otherwise allowable maximum allowable residential density for the development site.
Development standard means a site or construction condition that applies to a residential development pursuant to any ordinance, General Plan Element, Specific Plan, or other City condition, law, policy, resolution, or regulation. A "site and construction condition" is a development regulation or law that specifies the physical development of a site and buildings on the site in a residential development.
First approval means the first of the following approvals to occur with respect to a residential development:
Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit.
Incentives means such regulatory incentives as defined in Section 17.04.280 (Development Incentives or Concessions) of this Article.
Lower-income households means households whose income does not exceed the low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
Maximum allowable residential density means the maximum number of dwelling units permitted in a residential project by the City's zoning ordinance and by the land use element of the General Plan on the date that the application for the residential project is deemed complete, excluding any density bonus. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the General Plan density shall prevail.
Moderate-income households means households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
Non-restricted units means all dwelling units within a residential development except the target units.
Qualifying residents means persons eligible to reside in senior housing as defined in California Civil Code Section 51.3.
Residential development means any project requiring any Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit, for which a development review application has been submitted to the City, and which would create five or more additional dwelling units by construction or alteration of structures.
Senior housing Type 1 means a senior citizen housing development of 35 dwelling units or more as defined in California Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for older persons pursuant to California Civil Code Section 798.76 or 799.5. This definition pertains to the density bonus allowed for senior housing dwelling units allowed in accordance with the State Density Bonus provisions.
Senior housing Type 2 means a residential development of five dwelling units or more designed for residency by qualifying residents in accordance with California Civil Code Section 51.3 and in which a minimum of 35 percent of the dwelling units are provided at an affordable housing cost as required in Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2). This definition applies to the density bonus allowed for senior housing dwelling units in accordance with the city of Hollister Density Bonus provisions.
Target unit means a dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to: very-low, lower, or moderate-income A.6.a
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households, or is a dwelling unit in a senior housing development, and which qualifies the residential development for a density bonus and other incentives or concessions pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) of this Article.
Very-low income households means households whose income does not exceed the very-low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
(Ord. 1071, § 9, 2011)
17.04.080 State density bonuses for construction of affordable and senior housing.
A. Basic Density Bonus in Accordance with State Law (Very-Low and Lower-Income Units). A residential development is eligible for a 20 percent density bonus if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct at least one of the following:
1. Ten percent of the total dwelling units of the residential development as dwelling units affordable to lower-income households; or
2. Five percent of the total dwelling units of the residential development as dwelling units affordable to very-low income households.
B. Basic Density Bonus in Accordance with State Law (Moderate-Income Ownership Units). A residential development is eligible for a five percent density bonus if it includes at least five dwelling units, is a common interest development as defined in Civil Code Section 1351, all the dwelling units in the development are offered to the public for purchase, and the applicant seeks a density bonus and agrees to construct ten percent of the total dwelling units as ownership units affordable to moderate-income households.
C. Basic Density Bonus in Accordance with State Law (Senior Housing Type 1). A senior housing Type 1 development is eligible for a 20 percent density bonus if it includes at least 35 dwelling units, and the applicant seeks a density bonus. Senior housing Type 1 developments are not required under State law to be affordable to very-low, lower, or moderate-income households to be eligible for this bonus.
D. Additional Density Bonus in Accordance with State Law. The density bonus to which the applicant is entitled shall increase if the percentage of affordable housing units exceeds the base percentage established in subsections A or B above, as follows:
1. Very-Low Income Units. For each one percent increase above five percent in the percentage of dwelling units affordable to very-low income households, the density bonus shall be increased by two and one- half percent up to a maximum of 35 percent.
2. Lower-Income Units. For each one percent increase above ten percent in the percentage of dwelling units affordable to lower-income households, the density bonus shall be increased by one and 1½ percent up to a maximum of 35 percent.
3. Moderate-Income Ownership Units. For each one percent increase above ten percent of the percentage of ownership units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of 35 percent.
E. The requirements of this section and Section 17.04.120 (Incentives or Concessions in Accordance with State Law) are minimum requirements and shall not preclude a residential development from providing additional affordable dwelling units or affordable dwelling units with lower rents or sales prices than required by these sections.
(Ord. 1071, § 9, 2011)
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17.04.100 Calculation of density bonus.
A. When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.
B. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.
C. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing). Regardless of the number of target units, no residential development may be entitled to a total density bonus of more than 35 percent except senior housing Type 2 pursuant to Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2).
D. Each residential development is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very-low income target units, lower-income target units, or moderate- income ownership target units, or the project's status as either a senior housing Type 1 or 2 development.
Density bonuses from more than one category may not be combined, except that bonuses for land dedication pursuant to Section 17.04.140 (State Density Bonus for Land Donation) may be combined with bonuses granted pursuant to this subsection, up to a maximum of 35 percent, and an additional square footage bonus for day care centers may be granted as described in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).
(Ord. 1071, § 9, 2011)
17.04.120 Incentives or concessions in accordance with State law.
A residential development is eligible for incentives and concessions as defined in Section 17.04.280 (Development Incentives or Concessions) if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct affordable dwelling units as follows:
A. Very-Low Income Units. A residential development is entitled to one incentive or concession for a project that includes at least five percent of the dwelling units for very-low income households; two incentives or concessions for a project that includes at least ten percent of the dwelling units for very-low income households; and three incentives or concessions for a project that includes at least 15 percent of the dwelling units for very-low income households.
B. Lower-Income Units. A residential development is entitled to one incentive or concession if it includes at least ten percent of the dwelling units for lower-income households; two incentives or concessions if it includes at least 20 percent of the dwelling units for lower-income households; and three incentives or concessions if it includes at least 30 percent of the dwelling units for lower-income households.
C. Moderate-Income Ownership Units. A residential development with ownership units affordable to moderate- income households is entitled to one incentive or concession for a project that includes at least ten percent of the ownership units for moderate-income households; two incentives or concessions for a project that includes at least 20 percent of the ownership units for moderate-income households; and three incentives or concessions for a project that includes at least 30 percent of the ownership units for moderate-income households.
(Ord. 1071, § 9, 2011)
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17.04.140 State density bonus for land donation.
A. When an applicant for a residential development seeks a density bonus for the donation and transfer of land for the development of units affordable to very-low income households, as provided for in this Section
17.04.140, the residential development shall be eligible for a 15 percent density bonus above the otherwise maximum allowable residential density in accordance with State law. For each one percent increase above the minimum ten percent land donation described in subsection (B)(2) of this section, the maximum density bonus shall be increased by one percent up to a maximum of 35 percent. This increase shall be in addition to any increase in density allowed by Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing), up to a maximum combined density bonus of 35 percent if an applicant seeks both the density bonus authorized by this Section 17.04.140 and the density bonus authorized by Section 17.04.080.
When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number. This density bonus applies only when land is donated for the construction of very-low income housing.
B. The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development:
1. The applicant will donate and transfer the land no later than the date of approval of the Final Map, Parcel Map, or applicable development review application for the residential development.
2. The developable acreage and regulations of the applicable zoning district of the land to be transferred will permit construction of dwelling units affordable to very-low income households in an amount not less than ten percent of the total number of residential dwelling units in the proposed development, or will permit construction of a greater percentage of dwelling units if proposed by the developer to qualify for a density bonus of more than 15 percent.
3. The transferred land is at least one acre in size or is large enough to permit development of at least 40 dwelling units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very-low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure.
4. No later than the date of approval of the Final Map, Parcel Map, or other applicable development review application for the residential development, the transferred land will have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very-low income dwelling units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the dwelling units within a reasonable time.
5. The transferred land and the very-low income units constructed on the land will be subject to a recorded Density Bonus Housing Agreement ensuring continued affordability of the dwelling units consistent with Section 17.04.240 (Affordability and Occupancy Standards), which restriction shall be filed for recordation by the City Planner with the San Benito County Recorder's Office on the property at the time of dedication.
6. The land will be transferred to the City, Hollister Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very-low income units and to require that the land be transferred to that developer.
7. The transferred land is within the site boundaries of the proposed residential development. The transferred land may be located within one-quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off-site donation A.6.a
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will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on site.
(Ord. 1071, § 9, 2011)
17.04.160 State density bonus or incentive or concession for day care centers.
A residential project that contains a child care facility as defined by Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirement set forth in that section. (Ord. 1071 § 9, 2011)
17.04.180 State density bonus for condominium conversions.
A. Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.
B. Also see Chapter 16.17 "Conversion of Multifamily Rental Units" of Title 16, Subdivisions, of the Hollister Municipal Code.
(Ord. 107, § 9, 2011)
17.04.200 City density bonus for affordable senior housing Type 2.
A. A residential development may be considered for a density bonus under this subsection if:
1. The applicant seeks a density bonus and the residential development consists entirely of senior housing Type 2;
2. At least 35 percent of the dwelling units are affordable housing units. For the purposes of this subsection, "affordable housing units" include dwelling units available at an affordable rent or affordable ownership cost to lower-income and very-low income households. A minimum of 60 percent of such affordable housing units shall be available at an affordable rent or affordable ownership cost to very-low income senior households, and 40 percent of such affordable housing units shall be available at an affordable rent or affordable ownership cost to lower-income senior households. However, a greater percentage of very-low income senior housing units may be provided in lieu of some or all of the lower-income senior housing units on a dwelling unit for dwelling unit basis; and
3. The density bonus shall be equal to 20 percent, in addition to the 20 percent density bonus permitted by Section 17.04.080(C), for a total maximum density bonus of 40 percent.
B. A Conditional Use Permit shall be required for a density bonus granted pursuant to this subsection. The approval body shall find that the residential development conforms with the property development regulations of the applicable zoning district or has received a Planned Unit Development permit; is compatible with neighboring development; has adequate open space, on-site amenities, and services for the intended residents; is within reasonable walking distance of neighborhood services; and has adequate available infrastructure to accommodate the proposed density.
C. Any density bonus granted under this section that is greater than the bonus that the project is eligible for under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) shall be considered an incentive or concession as described in Section 17.04.280 (Development Incentives or A.6.a
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Concessions). Any affordable housing units that qualify a project for a density bonus under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) may not also be used to qualify a project for a density bonus under this section.
D. At its discretion, the City Council may grant up to two incentives or concessions for senior housing Type 2 that is eligible for a density bonus under this subsection. (Ord. 1071, § 9, 2011)
17.04.220 Summary tables.
The following tables (Table 17.04-7), (Table 17.04-8), (Table 17.04-9), and (Table 17.04-10) summarize the available density bonuses, incentives, and concessions pursuant to State and City Density Bonus Law.
Table 17.04-7 Density Bonus Summary
Target Units or Category
Minimum %
Target
Units(a)
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Target Units
% of Target
Units
Required for
Maximum
Bonus
Pursuant to State Density Bonus Law: A State density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35%, and an additional square foot bonus may be granted for a day care center.
Very-low income 5% 20% 2.5% 11%
Lower-income 10% 20% 1.5% 20%
Moderate-income (ownership units
only)
10% 5% 1% 40%
Senior housing Type 1 (35 dwelling
units or more or senior mobile
home park; no affordable units
required)
100% senior 20% — —
Land donation for very-low income
housing
10% of
market-rate
units
15% 1% 30%
Condominium conversion—
moderate-income
33% 25%(b) — —
Condominium conversion—lower-
income
15% 25%(b) — —
Day care center — Sq. ft. in day
care center(b)
— —
Pursuant to City Density Bonus
Senior housing Type 2 100% senior;
35%
affordable
20%
additional(c)
— 100% senior;
35%
affordable(c)
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Notes:
(a) Only the project's base density is considered when determining the percentage of target units. See Section 17.04.100 (Calculation of density bonus).
(b) Or an incentive of equal value, at the City's option. (c) Senior housing Type 2 projects with at least 35% low and very-low income units are eligible for an additional 20% bonus, for a total of 40%, upon granting of a Conditional Use Permit. See Section 17.04.200.
Table 17.04-8 Example of Use of Density Bonuses for a 100-Dwelling Unit Project Number (%) of Affordable
Units in the Category
Density Bonus Granted (%)
Additional
Density
Bonus Units
Granted
Total Dwelling
Units
in the
Development
Very-Low Income Units (for Sale or Rent)
0—4 (less than 5%) 0% (requires minimum 5%
very-low income)
0 100
5 (5%) 20% 20 120
8 (8%) 27.5% (20% + (3 x 2.5%)) 28 (round up) 128
11 (11%) 35% (20% + (6 x 2.5%)) 35 135
More than 11% 35% (maximum possible) 35 135
Lower Income Units (for Sale or Rent)
0—9 (less than 10%) 0% (requires minimum 10%
lower income)
0 100
10 (10%) 20% 20 120
15 (15%) 27.5% (20% + (5 x 1.5%)) 28 (round up) 128
20 (20%) 35% (20% + (10 x 1.5%)) 35 135
More than 20% 35% (maximum possible) 35 135
Moderate Income Units (for Sale)
0—9 (less than 10%) 0% (requires minimum 10%
lower income)
0 100
(10) 10% 5% 5 105
20 (20%) 15% (5% + (10 x 1%)) 15 115
40 (40%) 35% (5% + (30 x 1%)) 35 135
More than 40% 35% (maximum possible) 35 135
Table 17.04-9 State Density Bonus Incentives and Concessions Summary Target Units or Category % of Target Units
Pursuant to State Density Bonus
Very-low income 5% 10% 15%
Lower-income 10% 20% 30%
Moderate-income (ownership units only) 10% 20% 30%
Condominium conversion—33% moderate-income (e)
Condominium conversion—25% lower-income (e)
Day care center (e)
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Maximum Incentive(s)/Concession(s)(a)(b)(c)(d) 1 2 3
Notes:
(a) A concession or incentive may be requested only if an application is also made for a density bonus. (b) Concessions or incentives may be selected from only one category (very low, lower, or moderate). (c) No concessions or incentives are available for land donation. (d) No concessions or incentives are available for Type 1 senior housing without affordable units except the parking incentive listed in Section
17.04.280(C)(7).
(e) Condominium conversions and day care centers may have one concession or a density bonus at the City's option, but not both.
Table 17.04-10 City Density Bonus Incentives and Concessions Summary Target Units or Category Maximum Incentives/Concessions Senior housing Type 2 (at least 35% affordable) 2(a)
Note:
(a) At the discretion of City Council.
(Ord. 1071, § 9, 2011)
17.04.240 Affordability and occupancy standards.
A. The City Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this section. The documents may include, but are not limited to, Density Bonus Housing Agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, options to purchase, or other documents, which shall be recorded against all target units and prepared at the applicant's expense.
B. Target units offered for rent to lower-income and very-low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years, except that senior housing Type 2 target units offered for rent shall remain restricted and affordable to the designated income group for a minimum period of 55 years. A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
C. Target units offered for sale to very-low, lower, or moderate-income households shall be sold at an affordable ownership cost. Senior housing Type 2 target units offered for sale shall remain restricted and affordable to the designated income group for a minimum period of 45 years. Target units offered for sale to lower-income and very-low income households shall remain restricted affordable to the designated income group for a term of at least 30 years. Target units offered for sale to moderate-income households shall remain restricted and affordable to moderate-income households for a term of at least 45 years consistent with the provisions of Health and Safety Code Section 33413(c). A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
D. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.
E. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit. The City Council, by resolution, shall establish A.6.a
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guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
F. The City Council by resolution may establish fees for projects requesting density bonuses and incentives or concessions and for the on-going administration and monitoring of the target units and day care centers, which fees may be updated periodically, as required.
G. All promissory note repayments, shared appreciation payments, or other payments collected under this Article shall be deposited in a designated account to be used for the provision and maintenance of affordable housing.
H. Any person who is a member of the City Council or the Planning Commission, and their immediate family members, or any person having any equity interest in the residential development, including, but not limited to, a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The City Council, by resolution, may establish guidelines for determination of "immediate family members."
(Ord. 1071, § 9, 2011)
17.04.260 Development standards.
A. Target units shall be constructed concurrently with non-restricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 17.04.340 (Density Bonus Housing Agreement).
B. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, row house, and multifamily target units shall be located so as not to create a geographic concentration of target units within the residential development.
C. Target units shall have the same proportion of dwelling unit types as the market-rate dwelling units in the residential development.
D. The quality of exterior design and overall quality of construction of the target units shall meet all site, design, and construction standards included in Chapter 17.04 (Residential Zoning Districts), Sections 17.08.030 (Mixed Use Development Standards), 17.08.040 (Mixed Use Supplemental Standards), 17.08.060 (West Gateway Supplemental Standards), and 17.14.020 (Residential Performance Overlay Zoning District) of the Hollister Municipal Code including, but not limited to, compliance with all design guidelines included in applicable specific plans or otherwise adopted by the City Council.
E. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the target unit or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their dwelling units. (Ord. 1071, § 9, 2011)
17.04.280 Development incentives or concessions.
A. One to three incentives or concessions may be requested for eligible residential developments pursuant to Section 17.04.120 (Incentives or Concessions in Accordance with State Law).
B. For purposes of this Article, a concession or incentive includes any of the following:
1. A reduction of development standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission A.6.a
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pursuant to Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City;
2. Allowing mixed use development in conjunction with the proposed residential development, if nonresidential land uses will reduce the cost of the residential project and the nonresidential land uses are compatible with the residential project and existing or planned surrounding development; and
3. Other regulatory incentives which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City.
C. Concessions Not Requiring Financial Pro Forma from Applicant. The following concessions and incentives are determined by the City to result in identifiable, financially sufficient, and actual cost reductions to residential development, and no financial pro forma needs to be submitted by the applicant:
1. Up to 15 percent deviation from the minimum yard requirement, with each deviation counting as one concession;
2. Up to 15 percent reduction in the usable open space requirement or maximum lot coverage requirement;
3. Up to 15 percent reduction in lot dimensions;
4. Up to 15 percent increase in maximum building height;
5. Up to 15 percent reduction in minimum distance between buildings;
6. Up to 15 percent reduction in landscaping area requirements;
7. An off-street vehicular parking standard, inclusive of handicapped and guest parking, that does not exceed the following:
a. Zero to one bedroom: one on-site parking space,
b. Two to three bedrooms: two on-site parking spaces,17.04.280 c. Four and more bedrooms: two and one-half parking spaces, d. If the total number of parking spaces required for the residential development is other than a whole number, the number shall be rounded up to the next whole number, e. The residential development may provide the required parking through on-site tandem parking or uncovered parking, but not through on-street parking;
8. Waiver of any fees imposed pursuant to Section 17.04.240 (Affordability and Occupancy Standards) or Section 17.04.300 (Application Requirements);
9. Approval of mixed use buildings or developments in conjunction with the residential development, if nonresidential land uses will reduce the cost of the residential development, and if the City finds that the proposed nonresidential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located;
10. Deferral until occupancy of development impact fees (including, but not limited to, park fees, fire fees, sanitary sewer trunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impact fees); and
11. Density bonus for senior housing Type 2 pursuant to Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2) that is in excess of the density bonus that the project is entitled to under Section 17.04.080 (State Density Bonuses for Affordable and Senior Housing).
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D. Concessions Requiring Financial Pro Forma from Applicant. When requested by the applicant, the following concessions and incentives shall require the applicant to demonstrate to the City Council that the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions to the project:
1. A reduction of development regulations standards or a modification of Zoning Code requirements that exceed or those listed in subsection C;
2. Reduced parking space dimensions, driveway width, parking aisle width, garage and carport dimension, location of parking spaces within required yards, or reduced bicycle parking requirements;
3. Reductions in architectural design standards; and
4. All other regulatory incentives or concessions.
E. An applicant may seek a waiver of any development standards that will physically preclude the construction of a residential development with the requested density bonus, incentives, and concessions permitted by this Article. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the residential development with the density bonus and incentives.
F. Nothing in this Article requires the City to grant direct financial incentives for the residential development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
(Ord. 1071, § 9, 2011)
17.04.300 Application requirements.
Applications for a density bonus shall include:
A. A Density Bonus Housing Plan, showing any density bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to this Article, shall be submitted as part of the first approval of any residential development. The Density Bonus Housing Plan shall specify, at the same level of detail as the application for the residential development: the number, dwelling unit type, level of affordability, tenure, number of bedrooms and baths, approximate location, size, and design, construction and completion schedule of all target units, number and location of all density bonus units, phasing of target units in relation to nonrestricted units, and marketing plan. The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the target units. The Density Bonus Housing Plan shall specify a financing mechanism for the on-going administration and monitoring of the target units.
B. A description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards.
C. For all incentives and concessions except those listed in Section 17.04.280(C), the applicant shall provide a pro forma to the City demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma data submitted in support of a request for a concession or incentive including, but not limited to, the cost to the City of hiring a consultant to review the pro form, shall be borne by the applicant. The pro-forma shall be reviewed by a third party as selected by the City and paid for by the applicant unless the City Planner waives the requirement for such a review.
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D. For waivers or modifications of development standards, the application shall demonstrate that the development standards will have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this Article.
E. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section
17.04.140 (State Density Bonus with Land Donation) can be made.
F. If a density bonus or concession is requested for a day care center, the application shall show the location and square footage of the day care center and provide evidence that the findings included in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers) can be made.
G. If a mixed-use building or development is proposed, the application shall provide evidence that the finding included in Section 17.04.280(B)(2) can be made. (Ord. 1071, § 9, 2011)
17.04.320 Review of application.
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Article shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be approved, approved with conditions, or denied pursuant to the findings required by this Article. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council in accordance with the requirements of Section
17.24.140 (Appeals). In accordance with State law, neither the granting of an incentive, concession, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan Amendment, Zoning Code Amendment or Rezone, Variance, or other Discretionary Review Application approval.
B. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
1. The application is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this Article; and includes a financing mechanism for all implementation and monitoring costs.
2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section
17.04.300 (Application Requirements).
3. If the density bonus is based all or in part on donation of land, the approval body has made the findings included in Section 17.04.140 (State Density Bonus with Land Donation).
4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a day care center, the approval body has made the finding included in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).
5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 17.04.280(B)(2) (Development Incentives or Concessions).
6. If a waiver or modification of development standards is requested, the developer has shown that the development standards to be waived will have the effect of physically precluding the construction of the residential development at the densities or with the incentives or concession permitted by this Article.
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C. If the required findings can be made, and a request for an incentive or concession is otherwise consistent with this Article, the approval body may deny an incentive or concession only if it makes a written finding, based upon substantial evidence, of either of the following:
1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs; or
2. The incentive or concession would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-, very-low and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or
3. The incentive or concession would be contrary to State or Federal law.
D. If the required findings can be made, and a request for a waiver or modification is otherwise consistent with this Article, the approval body may deny the requested waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-, very-low, and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or
2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or
3. The waiver or modification would be contrary to State or Federal law.
E. If a density bonus or concession is based on the provision of day care centers, and if the required findings can be made, the approval body may deny the bonus or concession only if it finds, based on substantial evidence, that the City already has adequate day care centers.
F. A request for a minor modification of an approved Density Bonus Housing Plan may be granted by the City Manager or designee if the modification is substantially in compliance with the original Density Bonus Housing Plan and conditions of approval. Other modifications to the Density Bonus Housing Plan shall be processed in the same manner as the original plan.
(Ord. 1071, § 9, 2011)
17.04.340 Density Bonus Housing Agreement.
A. Following the first approval of a residential development, the City shall prepare a Density Bonus Housing Agreement providing for implementation of the Density Bonus Housing Plan and conditions of approval and consistent with the provisions of this Article and any density bonus program guidelines adopted by City Council resolution.
B. Prior to the approval of any Final or Parcel Map or issuance of any building permit for a residential development subject to this Article, the Density Bonus Housing Agreement shall be executed by the City and A.6.a
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the applicant, and the Density Bonus Housing Agreement shall be recorded against the entire residential development property to ensure that the Agreement will be enforceable upon any successor in interest. The Density Bonus Housing Agreement shall run with the land, and bind future owners and successors in interest as required to ensure compliance with the provisions of this Article. (Ord. 1071, § 9, 2011)
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GOVERNMENT CODE-GOV
TITLE 7. PLANNING AND LAND USE [65000 -66499.58] ( Heading of Title 7 amended by Stats . 1974 , Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000 -66301] ( Heading of Division 1 added by Stats. 1974 , Ch . 1536.) I Search I CD
CHAPTER 4.3. Density Bonuses and Other Incentives [65915 -65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207.) 6 59 15 . (a) (1) When an applicant seeks a density bonus for a housing development within , or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section . A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section. (2) A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p).
(3) In order to provide for the expeditious processing of a density bonus application, the local government shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus application. (8) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.
(C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943.
(D) (i) If the local government notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:
(I) The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, or waivers or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and https://leginfo.legislature.ca .gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7 .&part=&chapter=4.3.&article=
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parking ratios awarded pursuant to this section based on any changes to the project during the course of development.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code . (B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798. 76 or 799. 5 of the Civil Code. For purposes of this subparagraph, "development" includes a shared housing building development.
(D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
(I) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.
In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (II) The applicable 20-percent units will be used for lower income students. (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type . (IV) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities . The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years. (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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Safety Code. For purposes of this subparagraph , "development" includes a shared housing building development.
(2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whethe r the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). (c) (1) (A) An applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code . (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:
(I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee .
(2) (A) An applicant shall agree to ensure , and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions:
(i) The unit is initially occupied by a person or family of very low, low, or moderate income, as required , and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement. (ii) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requ i rements specified in paragraph (10) of subdivision (a) of Section 402 .1 of the Revenue and Ta x ation Code and that includes all of the following:
(I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. (II) An equity sharing agreement.
(III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code .
(B) For purposes of this paragraph, a "qualified nonprofit housing corporation" is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare ex emption under Section 214.15 of the Revenue and Taxation Code for properties i ntended to be sold to low- income families who participate in a special no-interest loan program. (C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public fund i ng source . The following apply to the equity sharing agreement:
(i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation .
(ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.
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(iii) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iv) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.
(v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the local government. (3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(B) For the purposes of this paragraph, "replace" shall mean either of the following :
(i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database . All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from-...................... _ ___. __ _ https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years . If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government's valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following:
(i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction 's rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant's application was submitted to, or processed by, a city, county, or city and county before January 1, 2015 .
(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households .
(C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale. (B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale . (C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale . (D) Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
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(E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.
(3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the r _efusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. ( 4) The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589 .5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
(3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards. (f) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Low-Income Units
10 11
12 13
14 15
Percentage Density Bonus
20 21.5
23 24 .5
26 27.5
I
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16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42 .5
23 46.25
24 50
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows :
Percentage Very Low Income Units Percentage Density Bonus 5 6
7 8
9 10
11 12
13 14
15 20
22 .5
25 27.5
30 32.5
35 38 .75
42 .5
46 .25
50 (3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subd ivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.
(C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units. (D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.
(ii) If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any maximum controls on density. (iii) If the housing development is located in a very low vehicle tra v el area within a designated county, the city, county, or city and county shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density Bonus https://leginfo . legislature .ca .gov/faces/codes_ display Text.xhtml?lawCode=GOV&division= 1.&title= 7 .&part=&chapter=4.3.&article=
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10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 so
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g) ( 1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows :
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Percentage Very Low Income Percentage Density Bonus
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development . (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
(E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be rec r-_____ .....__....., https://leginfo . legislature .ca.gov/faces/codes_ displayText.xhtml?lawCode=GOV &division= 1.&title= 7 .&part=&chapter=4 .3.&article= 9/19
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the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (h) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision ( c).
(B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities .
(4) "Childcare facility," as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers.
(i) "Housing development," as used in this section, means a development project for five or more residential units, including mixed -use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(j) (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive means any of the following:
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(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052 .5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (I) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply:
(1) "Designated county" includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura.
(2) "Development standard " includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation . (3) "Located within one-half mile of a major transit stop " means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
( 4) "Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432 . 7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. (5) "Major transit stop" has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(6) "Maximum allowable residential density" or "base density" means the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project . If the density allowed under the zoning ordinance risa....-____ ....._ _ ___,, inconsistent with the density allowed under the land use element of the general plan or specific plan, th https://leginfo .legislature.ca.gov/faces/codes _ display Text.xhtml?lawCode=GOV&division= 1.&title= 7 .&part=&chapter=4.3 .&article= 11/19
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shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
(7) (A) (i) "Shared housing building" means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents . If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. (B) "Shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(8) (A) "Total units" or "total dwelling units" means a calculation of the number of units that:
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
(ii) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.
(B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities. (9) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
(p) (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one on site parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. https://leg info.legislature.ca .gov/faces/codes_ displayText.xhtml ?lawCode=GOV &division= 1 .&title= 7 .&part=&chapter=4. 3. &article=
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(2) (A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one -half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit . Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that ex ceeds
0.5 spaces per bedroom.
(B) For purposes of this subdivision, "unobstructed access to the major transit stop" means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
(3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets any of the following criteria:
(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
(B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location . (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio .
(8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). https ://leginfo.legislature.ca .gov/faces/codes _ displayText.xhtml ?lawCode=GOV&division= 1.&title= 7 .&part=&chapter=4 .3 .&article= 13/19
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(q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.
(r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. (s) Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program , or both an ordinance and a housing program , that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020 , that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f). (t) When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).
(u) (1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units . It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy.
(2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing . The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (Amended by Stats. 2022, Ch. 653, Sec. 1 .5. (AB 2334) Effective January 1, 2023.) 65915 .1. For purposes of Section 65915, affordable housing impact fees, including inclusionary zoning fees and in- lieu fees, shall not be imposed on a housing development's affordable units . (Added by Stats. 2021, Ch. 346, Sec. 1. (AB 571) Effective January 1, 2022.) 65 9 15.2. If permitted by local ordinance, nothing in Section 65915 shall be construed to prohibit a city, county, or city and county from requiring an affordability period longer than 55 years for any units that qualified the applicant for the award of the density bonus developed in compliance with a local ordinance that requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households and that will be financed without low-income housing tax credits.
(Added by Stats. 2021, Ch. 348, Sec. 1 . (AB 634) Effective January 1, 2022.) 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079 .5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion . https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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(c) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval.
(d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.
(e) Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915.
(g) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, and either of the following applies:
(1) The proposed condominium project, inclusive of the units replaced pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, contains affordable units at the percentages set forth in subdivision (a). (2) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(h) Subdivision (g) does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by, a city, county, or city and county before January 1, 2015. (Amended by Stats. 2014, Ch. 682, Sec. 2. (AB 2222) Effective January 1, 2015.) 65915.7 . (a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision ( c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that is all of the following:
(1) Within the boundaries of the local government.
(2) In close proximity to public amenities including schools and employment centers. (3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following :
(1) Up to a 20-percent increase in maximum allowable intensity in the General Plan. (2) Up to a 20-percent increase in maximum allowable floor area ratio . (3) Up to a 20-percent increase in maximum height requirements. ( 4) Up to a 20-percent reduction in minimum parking requirements . (5) Use of a limited-use/limited-application elevator for upper floor accessibility. https://leginfo.legislature .ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1 .&title=7.&part=&chapter=4.3.&article= 15/19
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( 6) An exception to a zoning ordinance or other land use regulation. (c) For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and sha l l be approved by the city, county, or city and county.
(d) For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:
(1) The commercial developer may directly build the units. (2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
(3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. (e) For purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply. (f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation.
(g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
(h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. (i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915. (j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
(k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements.
(I) For purposes of this section, "partner" means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties.
(m) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch . 637, Sec. 1. (AB 1551) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
65916 -Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low-and moderate-income units for 30 years.
When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section .
(Added by Stats. 1979, Ch. 1207.)
65917 -In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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(Amended by Stats. 2001 , Ch . 115, Sec. 14. Effective January 1, 2002 .) 65917.2. (a) As used in this s ection, the following terms shall have the following meanings :
(1) "Eligible housing development" means a development that satisfies all of the following criteria :
(A) The development is a multifamily housing development that contains five or more residential units, ex clusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter. (B) The development is located within one of the following :
(i) An urban infill site that is within a transit priority area. (ii) One-half mile of a major t r ansit stop.
(C) The site of the development is zoned to allow residential use or mixed -use with a minimum planned density of at least 20 dwelling units per acre and does not include any land zoned for low density residential use or for ex clusive nonresidential use.
(D) The applicant and the development satisfy the replacement requirements specified in subdivision (c) of Section 65915.
(E) The development includes at least 20 percent of the units, e xcluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than 50 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code , and subject to an affordability restriction for a minimum of 55 years. (F) The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation. (2) "Floor area ratio " means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph , "gross building area " means the sum of all finished areas of all floors of a building i ncluded within the outside faces of its exterior walls.
(3) "Floor area ratio bonus" means an allowance for an eligible housing development to utilize a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county, calculated pursuant to paragraph (2) of subdivision (b). (4) "Major transit stop" has the same meaning as defined in Section 21155 of the Public Resources Code . (5) "Transit priority area" has the same meaning as defined in Section 21099 of the Public Resources Code. (b) (1) A city council, including a charter city coun c il or the board of supervisors of a city and county, or county board of supervisors may establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided in paragraph (2), in lieu of a density bonus awarded on the basis of dwelling units per acre. (2) In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential floor area in square feet shall be the product of all of the following amounts:
(A) The allowable residential base density in dwelling units per acre. (B) The site area in square feet, divided by 43,560.
(C) 2,250.
(c) The city council or county board of supervisors shall not impose any parking requirement on an eligible housin .r-'-"'-"-""-"" ..... -...... _-..... development in excess of 0 .1 parking spaces per unit that is affordable to persons and families with a hou https ://leginfo .legislature .ca .gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1 .&title=7 .&part=&chapter=4 .3.&article= 17/19
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income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.
(d) A city or county that adopts a floor area ratio bonus ordinance pursuant to this section shall allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis.
(e) In the case of an eligible housing development that is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan of the city or county applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section . (f) An applicant for a floor area ratio bonus pursuant to this section may also submit to the city, county, or city and county a proposal for specific incentives or concessions pursuant to subdivision (d) of Section 65915. (g) (1) This section shall not be interpreted to do either of the following:
(A) Supersede or preempt any other section within this chapter. (B) Prohibit a city, county, or city and county from providing a floor area ratio bonus under terms that are different from those set forth in this section.
(2) The adoption of an ordinance pursuant to this section shall not be interpreted to relieve a city, county, or city and county from complying with Section 65915.
(Added by Stats. 2018, Ch. 915, Sec. 1. (AB 2372) Effective January 1, 2019.) 65917.5. (a) As used in this section, the following terms shall have the following meanings:
(1) "Child care facility" means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures.
(8) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures .
For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility.
(3) "Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make an application for development approvals for the development or redevelopment of a commercial or industrial project.
( 4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements.
(b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additional square footage.
Projects constructed under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to constru https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.3.&article=
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zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus . (d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b), for purposes other than for a child care facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space . A penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer's percentage square feet participation . Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for child care services or child care facilities. ( e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the physical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998 by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section.
(g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative. (Amended by Stats. 2008, Ch. 179, Sec. 112 . Effective January 1, 2009 .) 659 18. The provisions of this chapter shall apply to charter cities. (Added by Stats. 1979, Ch. 1207.)
https ://leginfo.legislature .ca .gov/faces/codes_ displayText.xhtml?lawCode=GOV&division= 1.&title=7 .&part=&chapter=4 .3.&article= 19/19
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PLANNING COMMISSION RESOLUTION NO. 2023-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING
CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL ARTICLE II, DENSITY BONUS, OF CHAPTER 17.04, RESIDENTIAL ZONING DISTRICTS, AND REPLACE WITH CHAPTER 17.34, DENSITY BONUS AND THE ADOPTION OF AN APPLICATION FEE FOR DENSITY BONUS REQUESTS (ZOA 2023-2)
WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and
WHEREAS, following the adoption of Article II, Density Bonus, the Governor signed several Bills into law which limits how cities can regulate and review Density Bonus requests; and
WHEREAS, these regulations are included in Government Code Section 65915; and
WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code Section 65915; and
WHEREAS, the City desires to repeal the existing Article II, Density Bonus of Chapter
17.04, Residential Zoning Districts, which is inconsistent with State Law and replace with Chapter
17.34, Density Bonus; and
WHEREAS, the Planning Commission discussed changes in State Law and the necessary modifications to the City’s existing Density Bonus Ordinance during a Study Session on August 4, 2022; and
WHEREAS, currently there is no Application Fee associated with an application request for a Density Bonus and the City desires to establish a Fee for these types of projects; and
WHEREAS, an Application Fee of $5,227.00 is comparable to the amount of time Staff spends on this Application type; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2022 to review the new Chapter 17.34, Density Bonus and the proposed Application Fee for Density Bonus Applications during which all interested parties were heard; and
WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending approval of a Zoning Ordinance Amendment to repeal Article II, Density Bonus and replace with Chapter 17.34, Density Bonus and the adoption of a new Fee; and
WHEREAS, the draft Chapter 17.34, Density Bonus, is included as Exhibit A to this Resolution; and
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PC Resolution 2023-2
ZOA 2023-2 / Density Bonus
WHEREAS, the proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future development projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378); and
NOW THEREFORE IT IS RESOLVED, that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the amendment to the Zoning Ordinance to repeal Article II, Density Bonus, of Chapter 17.04, Residential Zoning Districts and include Chapter 17.34, Density Bonus, included as Exhibit A and recommends that the City Council adopt an Application Fee of $5,227.00.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 26th day of January 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Adrianna Ortiz, Secretary
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 21, 2023 AGENDA ITEM: Miscellaneous DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Mark Falgout, Acting City
Engineer
CONTACT: Socorro Zendejas, Associate
Engineer
TITLE OF ITEM: INFORMATIONAL PRESENTATION TO THE CITY COUNCIL OF
THE CITY OF HOLLISTER PROVIDING INFORMATION AND POSSIBLE DIRECTION
REGARDING TYPES OF TRAFFIC CALMING MEASURES
BRIEF DESCRIPTION: This is an informational presentation regarding different types of traffic calming measures.
RECOMMENDATION: Discuss and provide possible direction, as needed, regarding traffic calming measures.
DEPARTMENT SUMMARY: Staff will provide informational presentation regarding traffic calming measures.
ATTACHMENTS:
1. KHA-TrafficCalmingDevicesPresentation_20221118 (00000002) E.1
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TRAFFIC C ALMING MEASURES
NOVEMBER 2022
Prepared by:1
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WHAT IS TRAFFIC C ALMING?
¡Tr affic calming is a roadway
improvement implemented to
re duce speed,encourage attentive
driving,and may reduce/shift traffic
flow.
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FOUR TYPES OF TRAFFIC CALMING MEASURES
Horizontal
Shifts
Ve rtical
Shifts Closures Behavior
Changes
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FOUR TYPES OF TRAFFIC CALMING MEASURES:
HORIZONTAL SHIFTS
¡Horizontal shifts are traffic calming measures which,narrow the roadway and/or shift traffic horizontally.
¡When vehicles change their path of travel to navigate through a horizontal shift they must reduce their speed to drive effectively.
¡Lateral Shift/ Chicane
¡Curb Extension/ Bulb-out
¡Diagonal Diverter
¡Median Barrier
¡Median Island
¡Realigned Intersection
¡Tr affic Circle/ Mini-RoundaboutChicane, a n example of a Horizontal Shift 4 E.1.a
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HORIZONTAL SHIFTS:
LATERAL SHIFT/ CHIC ANE
Realignment of an otherwise straight street that
causes trave l lanes to shift in at least one direction.
Chicanes are a series of two or more lateral shifts.
Benefits
¡Minimal anticipated volume diversion
from street
¡Can have up to 5% reduction in speed
Drawbacks
¡May still permit speeding by drivers
cutting straight paths across centerline
¡May force bicyclists to share travel
lanes with motor vehicles
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HORIZONTAL SHIFTS:
CURB EXTENSION/ BULB-OUT
A lateral horizontal extension of the
sidewalk into the street,resulting in a
narrower roadway section.
Benefits
¡Slight reduction in speed
¡Can provide shorter pedestrian crossing
distances and increased pedestrian visibility
Drawbacks
¡Radii of corner extensions needs to be
considered for trucks,buses,and emergency
vehicles
¡May require removal of some on-street parking 6
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HORIZONTAL SHIFTS:
DIAGONAL DIVERTER
A barrier placed diagonally across
a four-legged intersection to block
through move ments.
Benefits
¡Provides opportunity for landscaping,
wider sidewalks,parklets or other
features
¡Can be designed to incorporate bicycle
facilities
Drawbacks
¡May have impact to emergency vehicle
access and response time
¡Impact to transit routes 7
Before
After
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HORIZONTAL SHIFTS:
MEDIAN BARRIER
Raised islands along the centerline of a street and
continuing through an intersection that block the
left-turn movement from all intersection approaches
and the through movement from the cross street.
Benefits
¡Can discourage cut-through traffic
¡Can be designed to incorporate bicycle and pedestrian
through traffic
Drawbacks
¡May cause on-street parking loss
¡May divide neighborhoods and communities 8
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HORIZONTAL SHIFTS:
MEDIAN ISLAND
Raised island located along the street
centerline that narrows the travel lanes at
that location,median islands can be in
conjunction with curb extensions or at
crosswalks to provide staged pedestrian
crossings
Benefits
¡May have up to 5% reduction in speed
¡Safety can be improved without substantially increasing delay Drawbacks
¡May force bicyclists to share travel lanes with motor
ve hicles
¡May require removal of some on-street parking 9
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Kimley >>>Horn
HORIZONTAL SHIFTS:
MEDIAN ISLAND (MID-BLOCK CROSSWALK)
¡Raised median island provides
pedestrian refuge and protection
¡High-visibility crosswalk markings and
signs to improve pedestrian visibility
¡Optional Rectangular Rapid Flashing
Beacon light system can be installed to
enhance visibility
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HORIZONTAL SHIFTS:
REALIGNED INTERSECTION
Reconfiguration of an intersection with
perpendicular angles to have skewed
approaches or travel paths through the
intersection.
Benefits
¡May have speed limit reduction between 5-13
miles per hour.
¡Can be designed to incorporate bicycle facilities.
Drawbacks
¡Designs consider pedestrian crossing needs such
as visibility.11
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~>Horn
HORIZONTAL SHIFTS:
TRAFFIC CIRCLE/ MINI-RO UNDABOUT
Mini-ro undabouts and traffic circles are center islands placed in unsignalized intersections for traffic to circulate around.Drivers must slow to a speed that allows them to comfortably maneuver around them.
12 Tr affic Circle
Mini-Roundabout
Benefits
¡May have up to 10% reduction in speed
¡Can be designed to incorporate bicycle facilities
Drawbacks
¡In some cases island must be fully mountable to
accommodate for emergency vehicle or large
vehicles to turning left
¡Wrong way left turns could occur
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Kimley >>>Horn
HORIZONTAL SHIFTS:
TRAFFIC CIRCLE/ MINI-RO UNDABOUT
Side Note…. Tr affic Circle vs.Mini Roundabout –what is the difference? ¡Tr affic Circles can be stop-controlled or yield controlled. ¡Mini-Roundabouts are yield control.Mini-Roundabouts also must have splitter islands which cause horizontal shift by striping or mountable curb.
¡Both Traffic Circles and Mini-Roundabouts have a single circulating lane. 13 Stop Sign Yield Sign Splitter Islands
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FOUR TYPES OF TRAFFIC CALMING MEASURES:
VERTIC AL SHIFTS
Ve rtical shifts are traffic calming measures
which,cause a ver tical displacement in the
ro adway,in which vehicle must slow down
to go up and ove r the traffic calming
measure.
¡Raised Crosswalk
¡Raised Intersection
¡Speed Cushions,Humps,or Tables
14 Speed Cushions Raised Intersection Raised Crosswalk
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VERTIC AL SHIFTS:
RAISED CROSSWALK
15 Flat raised areas cove ring crosswalk areas,
with ramps on all approaches.
Benefits
¡May have up to 10% reduction in speed
¡Can be designed to incorporate bicycle facilities
Drawbacks
¡May have impact to emergency vehicle access
and response time
Speed Cushions
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VERTIC AL SHIFTS:
RAISED INTERSECTION
Flat raised areas cove ring the entire
intersection areas,with ramps on all
approaches.
Benefits
¡May have up to 10% reduction in speed
¡Can be designed to incorporate bicycle facilities
Drawbacks
¡May have impact to emergency vehicle access
and response time
16 Speed Cushions
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VERTIC AL SHIFTS:
SPEED CUSHIONS,HUMPS,OR TABLES
Speed Cushions:
Tw o or more raised areas placed laterally
across a roadway with gaps between raised
areas.
Speed Humps:
Ridge set in a road surface, t o control speed
of vehicles.
Speed Tables:
Midblock traffic calming device that raises
entire wheelbase of a vehicle to reduce its
traffic speed.17
Speed Cushions
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VERTIC AL SHIFTS:
SPEED CUSHIONS,HUMPS,OR TABLES
Benefits
¡May have up to 10% speed reduction
¡Speed Tables can be designed to incorporate pedestrian facilities
Drawbacks
¡Speed Humps/ Ta bles:
¡May have impact to emergency vehicle access and response time ¡May impact ambulance patients
¡May cause more vehicle noise
¡Speed Cushions:
¡Bicyclists may have to alter their trajectory to pass between the cushions
¡May cause more vehicle noise
¡Ve hicles may drive into opposing vehicle lane to avoid speed cushions.
18 Speed Humps
Speed Tables
E.1.a
Packet Pg. 331
---------------I
I
I
I
I
I
I
I_
EMERGENCY
VEHICLE
RESPONSE TIMES
19 Po licy HS 2.4 -Access for Emergency
Ve hicles
Provide adequate access for emergency
vehicles and equipment
E.1.a
Packet Pg. 332
Hollister Fire Stations Response Times
Station Response Time Boundaries Stations
HO L1 :0-4 HOL2 :0-4 HOL3 :0-4 HO L4 0-4 • Exist ing
HOL1 : 4 -6 -HOL2 : 4 -6 -HOL3 4 -6 HOL4 4 -6
HOL1 . 6-8 -HOL2 : 6 -8 -HOL3 : 6-8 -HO L4 6 -8 • Proposed
NATIONAL FIRE
PROT ECTION
ASSOCIATION has
set the performance
goal of a 4 minute
re sponse time for the
first engine on the
scene of an accident.
20 E.1.a
Packet Pg. 333
r j
21 E.1.a
Packet Pg. 334
-I • • A } • ~. •
• • • • •
• • • • • • • •• • • i.""!11)-;:..ir.,..,i:...:
•• ...
• • • •
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,x,;
-.....,,,,_;;~&--..;;;:;tfll:".
VERTIC AL SHIFTS:
SPEED CUSHIONS,HUMPS,OR TABLES
Emergency Vehicle Response Times
¡Research has shown that a speed hump or table can
cause between 3-10 seconds of delay per
hump/table, d epending on vehicle type.
¡To effectively calm traffic speed humps are often
placed in sets of 2-3 humps,leading to vehicle delays
between 6-30 seconds.
¡Additionally there have been concerns on vehicle
damage, w hen travelling at higher than
recommended speeds.
¡There is less research on impact to ambulances,
however, a study from Mar yland found that there
was an approximately 4 second delay per hump.
¡In addition to response time delay EMS advocates
also are concerned about the ability to keep patients
stabilized.
¡In the City of Austin,there was a 14 percent
increase in response times due to traffic calming
devices.This translated to an additional 37 people
dying per year than historical average.22
E.1.a
Packet Pg. 335
Kimley >>>Horn
VERTIC AL SHIFTS:
SPEED CUSHIONS,HUMPS,OR TABLES
Emergency Vehicle Response Times
¡Several agencies have preferred speed cushions over
speed humps/tables,emergency vehicles have the
ability to travel down the center of the street and
avoid the cushions
¡Offset speed tables,are also considered an option for
Portland,Oregon.The delay was estimated to be around
2 seconds per table. H owever a 40 ft roadway width is
required for a fire vehicle to make the movement.
23 E.1.a
Packet Pg. 336
rn
VERTIC AL SHIFTS:
SPEED CUSHIONS,HUMPS,OR TABLES
Emergency Vehicle Response Times
¡Several agencies have established policies which do
not allow traffic calming devices on arterial
roadways,or routes frequently used by emergency
responders.
¡Examples:Gilroy, M onterey,Salinas,Wa tsonville
¡Agencies also have policies that require fire
department approval before implementing any traffic
calming devices.
¡Offset speed tables,are also considered an option for
Portland,Oregon.The delay was estimated to be around
2 seconds per table. H owever a 40 ft roadway width is
re quired for a fire vehicle to make the movement.
24 E.1.a
Packet Pg. 337
Kimley >>>Horn
FOUR TYPES OF TRAFFIC CALMING MEASURES:
CLOSURES
¡Closures are traffic calming measures
which obstruct traffic move ments in
one or more directions to re duce cut-
through traffic.
¡Closures are often designed to
accommodate for pedestrian and
bicycle access despite closure.
¡Par tial Closure
¡Full Closure
25 Gap for Bikes!
Pa rtial Closure
E.1.a
Packet Pg. 338
Kimley >>>Horn
CLOSURES:
PA RT IAL/FULL CLOSURE
A barrier that blocks trave l in one
direction,creating a one-way for a
short distance or a barrier that
closes the street to through traffic .
26Partial Closure
E.1.a
Packet Pg. 339
Kimley >>>Horn
CLOSURES:
PA RT IAL/FULL CLOSURE
Benefits
¡Can discourage cut-through traffic
¡Can improve pedestrian crossing safety
Drawbacks
¡May simply shift speeding and traffic
volume to next street ove r
¡Increase trip lengths
¡A full closure could restrict emergency
ve hicle access
27 Full Closure
E.1.a
Packet Pg. 340
Kimley >>>Horn
FOUR TYPES OF TRAFFIC CALMING MEASURES:
BEHAVIOR CHANGES
This categor y is for physical improvements that provide visual and/audible cues to induce a change in speed.These visual cues do not change lane widths or roadway cross- sections (i.e. n o ver tical or horizontal shift)
¡Pavement Tre atment
¡Radar Speed Limit Signs
28 E.1.a
Packet Pg. 341
Kimley >>>Horn
BEHAVIOR CHANGES:
PAV EMENT TREATMENT
Colors and textures of pave ment provide
visual and audible cues about the area.
Benefits
¡Does not physically restrict driver maneuvers
and will not impose speed reductions on
emergency and transit vehicles.
Drawbacks
¡May be a visual distraction to motorists
29 E.1.a
Packet Pg. 342
BEHAVIOR CHANGES:
RADAR SPEED LIMIT SIGNS
Speed Limit Sign:
Defines the legal driving speed under
normal conditions.
Radar Sign:
Displays regulatory speed limit sign
with radar speed feedback sign with
real-time speed of an approaching
ve hicle, r educing motorists’ speed.
Benefits
¡Does not physically restrict driver
maneuvers and will not impose
speed reductions on emergency and
transit vehicles.
¡Involves a standard traffic control
device easily recognized by motorists
Drawbacks
¡Light pollution
¡Long-term effectiveness may be
limited for every day drivers 30
E.1.a
Packet Pg. 343
Kimley >>>Horn
POTENTIAL TRAFFIC CALMING MEASURES FOR LARGER ROADWAY FACILITIES:
RO UNDABOUTS & ROA D DIETS
¡Road Diets and Roundabouts have traffic calming
effects but must be studied in greater detail.
¡These measures are often put on higher volume
roadways such as Memorial Drive or San Felipe Rd.
31 E.1.a
Packet Pg. 344
Example of a Road Diet
BEFORE AFTER
Kimley >>>Horn
POTENTIAL TRAFFIC CALMING MEASURES FOR LARGER ROADWAY FACILITIES:
RO UNDABOUTS
32 ¡Roundabouts are center
islands placed in
unsignalized
intersections for traffic
to circulate around.
¡Drivers must slow to a
speed that allows them
to comfor tably
maneuver around them.
Benefits
¡May have a reduction in vehicle
speeds
¡Can be designed to incorporate
bicycle facilities
Drawbacks
¡May simply shift speeding and traffic
volume to the next street over
¡Increase trip lengths
E.1.a
Packet Pg. 345
Kimley >>>Horn
POTENTIAL TRAFFIC CALMING MEASURES FOR LARGER ROADWAY FACILITIES:
RO AD DIET
33 ¡Conversion of undivided ro adway to a
cross-section with fewer or narrower
vehicle trave l lanes
¡Reduction in lanes allows inclusion of
pedestrian,bike,and transit facilities
¡Slight reduction in speeds
E.1.a
Packet Pg. 346
Examp l e of a Ro.ad D i et
'BEFORE A iFTER
Kimley >>>Horn
THINGS TO CONSIDER WHEN IMPLEMENTING TRAFFIC C ALMING
¡Appropriateness
(volume/speed limit)
¡Effectiveness
¡Bicycle & pedestrian activity
¡Parking
¡Emergency vehicle & bus
access
¡Community impact
¡Noise
34 E.1.a
Packet Pg. 347
Kimley >>>Horn
NOT TRAFFIC CALMING MEASURES:
¡Stops Signs/ Tr affic Signals
¡Speed Monitoring Tr ailer/
Enforcement
¡On-street parking
¡Striping
¡Streetscape/Placemaking
35 E.1.a
Packet Pg. 348
Kimley >>> Horn
NOT TRAFFIC CALMING MEASURES:
STOP SIGNS & TRAFFIC SIGNALS
¡Stops Signs and Tr affic Signals are traffic
control devices.
¡Tr affic control devices are used to
inform,guide and control traffic ,
including pedestrians,drivers and
bicyclists.
¡Tr affic Signals should be implemented
only after an engineering study and
follow the guidance in the California
Manual of Uniform Traffic Control Devices
(C AMUTCD)36
E.1.a
Packet Pg. 349
Kimley >>>Horn
NOT TRAFFIC CALMING MEASURES:
SPEED MONITORING TRAILER/ ENFORCEMENT
¡Speed Monitoring Tr ailers and
Enforcement are typically temporar y
measures and when enforcement
goes away speeding often returns.
¡Enforcement is impor tant,but is
most effective in the long run when
done in combination to a physical
change in the roadway. 37
E.1.a
Packet Pg. 350
e
Ma
e
Ma
Kimley >>>Horn
NOT TRAFFIC CALMING MEASURES:
ON-STREET PARKING & STRIPING
On-Street Parking
¡On-street parking can have a traffic calming
effect.
¡On-street parking placement should be done in
consideration of parking demand,potential
parking supply and impact to sight distance, n ot
for traffic calming purposes.
Striping Changes
¡Striping in some cases can help with traffic
calming,narrowing the width of lanes has a
proven effect of reducing speed.
38 E.1.a
Packet Pg. 351
Kimley >>>Horn
NOT TRAFFIC CALMING MEASURES:
STREETSC APE/ PLACEMAKING
Placemaking can help inspire civic pride and a sense of community. A lthough, it is not considered traffic calming,many of the traffic calming tools give cities an opportunity for streetscape improvements.
39 E.1.a
Packet Pg. 352
Kimley >>>Horn
FREDERIK VENTER,PE
KIMLEY-HORN & ASSOCIATES
1615 BUNKER HILL WAY,
SUITE 200
SALIN AS , C A 93906
40 E.1.a
Packet Pg. 353
Kimley >>> Horn
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 22, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Mark Falgout, Acting City
Engineer
CONTACT: Cristian Builes, Assistant Engineer
831-636-4340
TITLE OF ITEM: RESOLUTION NO. 2023-26, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE AVENIDA CESAR
CHAVEZ AND MEMORIAL DRIVE TRAFFIC CALMING ANALYSIS
BRIEF DESCRIPTION: This Resolution will approve the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis and authorize staff to implement the recommendations.
RECOMMENDATION: Adopt a resolution approving the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis and authorize staff to implement the recommendations.
DEPARTMENT SUMMARY: This item will approve the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis Recommendations prepared for the City of Hollister by Kimley- Horn and Associates. The Traffic Calming Analysis provides the evaluation to determine if traffic calming measures are needed, and if needed what measures should be implemented.
The process that was followed to determine the need for potential traffic calming improvements for Avenida Cesar Chavez and Memorial Drive involved collecting existing conditions and historical data including traffic counts, speed surveys, and collision history. Additionally, there were two (2) community meetings and an online survey to poll the community's concerns and wants. The meeting attendees and local community provided feedback that was used to guide the study and develop the proposed traffic calming recommendations.
To provide the City Council with a more detailed discussion of the Traffic Calming Analysis, Mr. Frederik Venter. P.E. of Kimley-Horn will be providing a brief presentation to the City Council on this matter. It is the intent of the presentation to provide the City Council with a better understanding of the study and recommendations and provide the opportunity for the City Council to ask questions for clarification.
Staff has reviewed the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis recommendations and agrees with the findings.
FINANCIAL IMPACT: Construction costs will be developed and presented to the City Council as part of the design approval process.
CEQA: N/A
F.1
Packet Pg. 354
ATTACHMENTS:
1. AvenidaCesarChavez_TC_CityCouncil_20230221
2. Memorial_TC_CityCouncil_20230221
F.1
Packet Pg. 355
RESOLUTION NO. 2023-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE AVENIDA CESAR CHAVEZ AND MEMORIAL DRIVE TRAFFIC
CALMING ANALYSIS
WHEREAS, the City Council directed staff to prepare a budget and appropriation for a traffic calming study on Avenida Cesar Chavez and Memorial Drive; and
WHEREAS, the City hired its on-call engineering consultant, Kimley Horn and Associates, to perform the Traffic Calming Analysis for Avenida Cesar Chavez and Memorial Drive; and
WHEREAS, Kimley Horn followed a process to determine the need for potential traffic calming improvements which said process included traffic analyses , community meeting and involvement, and utilizing the community feedback to guide the study and development of the proposed traffic calming recommendations; and
WHEREAS, the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis prepared by Kimley Horn is now complete.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Avenida Cesar Chavez and Memorial Drive Traffic Calming Analysis and authorizes staff to implement the analysis recommendations.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of March, 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
F.1
Packet Pg. 356
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-26, 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 6th day of March, 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 March, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
F.1
Packet Pg. 357
Avenida Cesar Chavez
Traffic Calming
City Council Presentation
March 2023
F.1.a
Packet Pg. 358
Kim/ey >» Horn
Project Background
F.1.a
Packet Pg. 359Kimley>>> Horn
Avenida Cesar Chavez Existing Conditions
Cerra Vista
Elementary
School
Avenida Cesar Chavez
Ca
l
i
s
t
o
g
a
D
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Va
l
l
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y
V
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w
R
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a
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i
s
t
a
D
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Fa
i
r
v
i
e
w
R
d
No
r
t
h
Fire
Station
Existing 4-Lane Road
with Raised Median
and Class I pathway
Existing 2-Lane Road
with Class II Bike Lanes
Existing 2-Lane Road
Diet with Parking and
Buffered Bike Lanes Mi
m
o
s
a
S
t
Existing Speed
Feedback Sign
F.1.a
Packet Pg. 360Kimley>>> Horn
Pa
r
k
S
t
Ol
i
v
e
S
t
Avenida Cesar Chavez Existing Conditions
•Provides driveway access to
homes on both sides of street
•Access to State Route 25 and
Cerra Vista Elementary School
•Classified as a 2 to 4-lane
Collector street with sidewalk
and Class II bike lanes
•Roadway cross-section is 84’
wide
F.1.a
Packet Pg. 361
-
=>L a\· PL
10· 4' 22· 12· 22· 4' 10·
SIDEWALK & CLASS TRAVEL LAN E TWO-WAY CENTER TRAVEL LANE CLASS SIDEWALK &
LANDSCAPING I BI KE WESTBOUND TURN LANE EASTBOUND I B IKE LANDSCAPING I I
LAN E L ANE
I y f-J -
Avenida Cesar Chavez Existing Conditions
Existing 2-Lane Road
Diet with Parking and
Buffered Bike Lanes
Existing 4-Lane Road
with Raised Median
and Class I pathway
Ca
l
i
s
t
o
g
a
D
r
Ce
r
r
a
V
i
s
t
a
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Avenida Cesar Chavez
Avenida Cesar Chavez
F.1.a
Packet Pg. 362
10'
SlOEWAU
·ID
w
Cl. -~
(I)
12'
TRAVEL LANE
YIESTBOUND
't:.
84'
12'
TWO-WAY
CENTER
l\JRN LANE
~
VAR I ES 84'-129'
14'
RA ISED MEDIAN
11' 2'
a::
TRAVE L LANE w
,NORll-lBOONO l!::
;:>
CD
w
Cl.
/;
(I)
12'
TRAVEL LANE
EAS lBOUND
5' 8'
CLASS PARKING
II BIKE
LANE
TRA\1£L LANE
EAS1BOUND
10'
SIDEWALK &:
l.NfDSCAPI NG,
10·
SIDEWALK &:
LAN DSC APING
Traffic Data Collection
Traffic data on Avenida Cesar Chavez was collected to determine the following:
1.Is speeding significant?
•Yes, 85th percentile speeds exceed posted 35mph speed limit
2.What are the traffic volumes?
•Consistent with typical Collector Street capacity
3.Which traffic calming measures are appropriate for the project? F.1.a
Packet Pg. 363Kimley>>> Horn
Traffic Calming Toolbox
F.1.a
Packet Pg. 364Kimley>>> Horn
Traffic Calming Toolbox
•Traffic calming is a roadway improvement implemented to reduce speed, encourage attentive driving, and may reduce/shift traffic flow. •Design Considerations:
•Appropriateness (volume/speed limit)
•Effectiveness
•Bicycle and pedestrian activity
•Parking
•Emergency vehicle and bus access
•Community impact
•Noise
F.1.a
Packet Pg. 365Kimley>>> Horn
Traffic Calming Toolbox
Types of Traffic Calming Measures
Horizontal
Shifts
Vertical
Shifts Closures Behavior
Changes
F.1.a
Packet Pg. 366Kimley>>> Horn
Public Outreach and Feedback
F.1.a
Packet Pg. 367Kimley>>> Horn
Public Outreach and Feedback
•Two (2) virtual public workshops were hosted in 2022 by Kimley -Horn and City staff (July & September)
•Opportunity to present traffic calming recommendations and have the community share their comments
•An online survey was also prepared to solicit community feedback on the traf fic calming concepts
F.1.a
Packet Pg. 368Kimley>>> Horn
Public Workshop #1
•Hosted on July 14, 2022
•The community supports traffic calming measures to address speeding
•The community wants traffic calming improvements at Valley View, Fairhaven, Glenview, and Cerra Vista intersections
•The community supports improving visibility and safety for bikes and pedestrians
•The community wants the traffic calming to consider measures to discourage sideshow activity
F.1.a
Packet Pg. 369Kimley>>> Horn
Public Workshop #2
•Hosted on September 29, 2022
•Recommend Alternative 1 concept as a near-term traffic calming option
•Recommend Alternative 2 concept as a long-term traffic calming option pending future development and available funding •The community showed interest to implement Botts Dotts as a potential countermeasure to discourage sideshow activity F.1.a
Packet Pg. 370Kimley>>> Horn
Avenida Cesar Chavez
Traffic Calming Layouts
F.1.a
Packet Pg. 371Kimley>>> Horn
Alternative 1 – Road Diet (Near Term)
Cerra Vista
Elementary
School
Ca
l
i
s
t
o
g
a
D
r
Va
l
l
e
y
V
i
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w
R
d
Ce
r
r
a
V
i
s
t
a
D
r
Fa
i
r
v
i
e
w
R
d
No
r
t
h
Fire
Station
2-Lane Road Diet
& Stripe Buffered
Class II Bike Lanes
Curb Extension
OR
Roundabout
Curb Extension
OR
Roundabout Mi
m
o
s
a
S
t
Existing Speed
Feedback Sign
Gl
e
n
v
i
e
w
D
r
Optional
Roundabout Roundabout
Avenida Cesar Chavez
Keep Travel Lanes &
Class II Bike Lanes
F.1.a
Packet Pg. 372Kimley>>>Horn
Alternative 2 – Ultimate Road Diet (Long-Term)
Cerra Vista
Elementary
School
Avenida Cesar
Chavez
Ca
l
i
s
t
o
g
a
D
r
Va
l
l
e
y
V
i
e
w
R
d
Ce
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r
a
V
i
s
t
a
D
r
Fa
i
r
v
i
e
w
R
d
No
r
t
h
2-Lane Road Diet & Class
IV Separated Bikeway
Landscaped
MedianCurb Extension
OR
Roundabout
Curb Extension
OR
Roundabout Mi
m
o
s
a
S
t
Gl
e
n
v
i
e
w
D
r
Optional
Roundabout Roundabout
Keep Travel Lanes &
Class II Bike Lanes
Fire
Station
Existing Speed
Feedback Sign
F.1.a
Packet Pg. 373Kimley>>>Horn
F.1.a
Packet Pg. 374
L
10'
SIDEWALK &
LANDSCAPING
22·
BUFFER STRIPING SPACED AT
20 FT. OPTIO N: INTSTALL
I DELINEA TOR POSTS OR
RUMBLE STRIPS
12' 22·
lRAVEL LANE
WESTBOUND
TWO-WAY CENTER
TURN LANE
lRAVEL LANE
EASTBOUND
AVENIDA CESAR CHAVEZ
BETWEEN SR 25 AND CERRA VISTA DR
EXISTING CONDITIONS
Kimley >>> Horn GRAPHIC SCALE IN FEET
0 25 50 100 ----~
OWW-197008239 OCTOBER 2022
10·
SIDEWALK &
LANDSCAPING
PL
PL
STR IPE CE NTER LANE
WITH BUFFER STR IPING
: REC
ECTIO N WITH SING
ROUNDABOUT /\ND
ISLANDS
PL
10· 8' 5• 12· 14• 12· 5• 8' 10·
SIDEWALK & CLASS SlRIPE lRAVEL LANE TWO-WAY CENTER lRAVEL LANE SlRIPE Cl.ASS SIDEWALK & LAND SCAPING II BIKE BUFFER WESTilOUND TURN LANE EASTilOIJND BUFFER II EllKE LANDSCAPING :::::=-=--=--=--=------1""LL,.:LAN~:E::~===~==================::::::::::::::::~:::~:=~L,_'-N~'..:.E,......J~1----_-_-_-_-_-....,~
CONCEPT LAYOUT FOR
PLANNING PURPOSES .
NOT FOR CONSTRUCTION
AVENIDA CESAR CHAVEZ
BETWEEN SR 25 AND CERRA VISTA DR
ALT 1 TRAFFIC CALMING
ALTERNATIVE 1
PROPOSED TC LAYOIUT-SHEET 2
CITY OF HOLLISTER -AVENI DA CESAR CHAVEZ TRAFFIC CALMING w z
:J
I
~
~
F.1.a
Packet Pg. 375
w z
:J
J: u ~
::l?
L
10·
SIDEWALK &
LANDSCAPING
•
GREEN BIKE MARKING (TYP)
.v'ENIDA CESAR CHAVEZ
'3S~
22· 12· 22'
"TRAVEL LANE
WESlBOUND
TWO-WAY CENlER
l\JRN LANE
"TRAVEL LANE
EASlB0UND
AVENI DA CESAR CHAVEZ
BETWEEN SR 25 AND CERRA VISTA DR
EXISTING CONDITIONS
a::
0 z w ~ II
J: a::
>> Horn FEET
100
CONCEPT LAYOUT FOR
PLANNING PURPOSES .
NOT FOR CONSTRUCTION
DWW-197008239 OCTOBER 2022
RAISED MEDIAN AND
PROTECTED CLASS IV
BIKE CORRIDOR
STRIPE CENTER LANE
WITH BUFFER STRIPING
OPTION: RECONSTRUCT
INTERSECTION WITH SINGLE
LANE ROUNDABOUT AND
RAISED ISLANDS
"TRAVEL LANE RAISED t.!EDIAN OR "TRAVEL LANE
WESTllOUND CEN"Tel TURN LANE EASTllOVND
AVENIDA CESAR CHAVEZ
BETWEEN SR 25 AND CE RRA VISTA DR
ALT 2 TRAFF IC CALMING
10·
SIDEWALK &
LANDSCAPING
p
ALTERN ATI V E 2
PRO POSED TC LJ-"; v ..... -:--··--I i:.
CITY O F HOLLISTE R -AV ENIDA CESAR CHAVEZ T RAF FIC CALMING w z
:J
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I-
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F.1.a
Packet Pg. 376
RECONSTRUC T INTERSECTION WITH EITH ER OPTION :
1. STOP CONTROL WITH CURB EXTENSIONS QR
2. SINGLE LANE ROUNDABOUT WITH RAISED ISL ANDS
RAISED SPEED TABLE FOR
SCHOOL CROSSWAL K
(STOP CONTROL CONCEPT)
Kimley >>> Horn
DWW-197008 2 39 OCTOBER 2 022
INSTALL RRFB LIGHTED
SIGN SYSTEM AND
RAISED SPEED TABLE
FOR SCHOOL CROSSWA LK
(ROUNDABOUT CONCEPT)
CERRA VISTA
ELEMENTARY SCHOOL
STRIPE CENTER LA NE
WITH BUFFER STRIPING
w z
:::i -----=::.......::,..._~ 13
PL
10 '
SIDEWALK &
LANDSCAPING
~::-~-=--==....::::::..:_::..::..:..:31 ~~:=~=-=--=~-=-;...;..,~~:::,..~~-~~-:.~-~_::::::=======I i
BUFFER STR IPING SPACED A T
20 FT. OPTION : INTSTA LL
DEUNEATOR POS TS OR
RUMBL E STR IPS
Q'. a
0 (.!)
Q'.
:5
>-w
~
!If
8 ' 5 ' 12' 14' 12' 5' 8'
CLASS STR IPE TRAVEL LANE TWO-WAY CEINTER TRAVEL LAN E STRIPE CLASS II BIK E BUFFER WESlBOUND nJRN LAN E EASlBOUND BUFFER II BIKE 10'
SIDEWALK &
LANDSCAPING
PL
:::=.=.-:..-:...-:._-_-_....,,_l~LAN~~E~~:~~~~~~~~~~~~~~~~~~~~~~~::::~~~:::::::~::~::~:~:~:::_LAN~~__JE~-n====:::i PL
10' 8'
SIDEWALK & LOADING
LANDSCAPING ZONE FOR
SCHOOL
PICKUP/
DROPOFF
'-I
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONST RUCTION
5'
CLASS
II BIKE
LANE
2'
"' ~ :::, m
"' Q.
~
<I)
A VENIDA CESAR CHAVEZ
BETWEEN SR 25 AND CIER RA V ISTA DR
ALT 1 TRAF(IC CALMING
84'
11' 12 ' 11'
TRAVEL LANE TWO-WA)' TRAVEL LAN E
SOU lHBOUND CENTER NORlHBOUND
nJRN LAN E
AVENIDA CESAR C HAVEZ
PL
2' 5' 8' 10'
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PROP OSED T C LAYOUT - S HEET 4
CITY OF HOLLISTER · A V ENIDA CESAR CHAVEZ TRAFFIC CALMI NG
F.1.a
Packet Pg. 377
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RA ISED MEDIAN AND
PROTECTED CLASS IV
BIKE CORR IDOR
GREEN BIKE "ARKING (TYP)h
RECONSTRUCT INTERSECTION WITH EITHER OPTION:
1. STOP CONTROL WITH CURB EXTENSIONS QR
2. SINGLE LANE ROUNDABOUT WITH RA ISED ISLANDS
RAISED SPEED TABLE FOR
SCHOOL CROSSWALK
(STOP CONTROL CONCEPT)
Kimley >>> Horn GRAPH IC SCALE IN FEET
0 25 50 100
~I~
DWW-197008239 OCTOBER 2022
PL
SIDEWALK &
LANDSCAPING
PL
10'
SIDEWALK &
LANDSCAPING
6'
CLASS
IV BIKE
LANE
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
3'
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7.5'
INSTALL RRFB LIGHTED
SIGN SYSTEM AND
RAISED SPEED TABLE
FOR SCHOOL CROSSWA LK
(ROUNDABOUT CONCEPT)
CERRA VISTA
ELEMENTARY SCHOOL
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BETWEEN SR 25 AND C IERRA VISTA DR
ALT 2 TRAFFIC CALMING
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10.5' 10' 10.5 '
STR IPE CENTER LANE
WITH BUFFER STR IPING
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ALTERN ATIV E 2
PROPOS ED T C L/-\ Iv -.,' -·, __ I "t
CITY OF HOLLISTER · AVENIDA CESAR CHAVEZ TRAFF IC CALMING
Other Traffic Calming
Considerations
F.1.a
Packet Pg. 378Kimley>>> Horn
Bike Lane Options
Optional raised
curb buffer
Optional
delineators Optional
rumble strips
Optional
landscape
buffer
Optional Botts’
Dot marker
F.1.a
Packet Pg. 379
BUFFER STRIPIN G
20 FT. OP TION: IN
DELINEA TOR POST
RUMBLE STRIPS
Sideshow Prevention Efforts
•No established best practice to prevent sideshow activity •Local agencies have implemented pilot programs to develop and test engineering strategies for sideshow mitigation
•City will continue law enforcement and community education to deter sideshow activity in the neighborhood
F.1.a
Packet Pg. 380Kimley>>> Horn
Sideshow Prevention Efforts
Roundabout median
islands reduce
vehicle travel path
Concept Bott’s
Dot Layout
Potential City
Countermeasures
Concept Armadillo
Medians
F.1.a
Packet Pg. 381Kimley>>> Horn
Sideshow Prevention Efforts
Botts’ Dot raised
pavement marker
Normal vehicle
traffic straddles
markers at
intersection
Oakland Pilot Program
35th/MacArthur
Countermeasure preferred from community input
F.1.a
Packet Pg. 382
Schedule and Next Steps
F.1.a
Packet Pg. 383Kimley>>> Horn
Schedule and Next Steps
Estimated Timeline Project Milestone
March 2023 Present project recommendations to City Council December 2023 Complete engineering design
March 2024 Bid City project for construction
F.1.a
Packet Pg. 384Kimley>>> Horn
•Direction from Council on implementing Avenida Cesar Chavez traffic calming improvements
•Recommendation:
1.Approve Alternative 1 Interim traffic calming option
2.Approve Alternative 2 Ultimate traffic calming option pending future development and funding opportunities
•Earmark funding in City CIP and pursue grant funding
3.Implement a pilot program to test sideshow prevention countermeasures at key intersections
Schedule and Next Steps
F.1.a
Packet Pg. 385Kimley>>> Horn
Memorial Drive Traffic Calming
City Council Presentation
March 2023
F.1.b
Packet Pg. 386
Kim/ey >» Horn
Project Background
F.1.b
Packet Pg. 387Kimley>>> Horn
Memorial Dr
Hi
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Memorial Drive Existing Conditions
Veterans Memorial Park
Sunnyslope
Elementary
School
Marguerite Maze
Middle School
Future Willow Landing
Development
Future Twin Oaks
Development Oa
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F.1.b
Packet Pg. 388
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Memorial Drive Existing Conditions
•Provides driveway access to
homes on both sides of street
•Access to Sunnyslope
Elementary School and
Veterans Memorial Park
•Classified as a 4-lane Arterial
street with sidewalk (north of
Sunset)
•Typical roadway cross-section
width of 84’
F.1.b
Packet Pg. 389
PL s\· p L
10· I 8 ' 1 2 · 12' I 12· 12' s· 10·
S IDEWALK & I PARK ING TRAVEL LANE TRA\!EL LANE I lRAVEL LANE TRAVEL LAN E PARKING SIDEWA LK & L ANDSCAPING SOU THBOUND SOU TH BOUND NOR"TH BOUND NORTHBOUND LANDSCAPING
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Draft Memorial Drive Complete Street Plan
•City of Hollister Complete Streets Plan
2020 –Memorial Drive identified as a
key corridor for improvement
•Goal to provide Near-Term and Long-
Term Complete Street Improvements for
all users
F.1.b
Packet Pg. 390
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Traffic Data Collection
Traffic data on Memorial Drive was collected to determine the following:
1.Is speeding significant?
•Yes, 85th percentile speeds exceed posted 25 & 35 mph speed limit
2.What are the traffic volumes?
•Consistent with typical Arterial Street capacity
3.Which traffic calming measures are appropriate for the project? F.1.b
Packet Pg. 391Kimley>>> Horn
Traffic Calming Toolbox
F.1.b
Packet Pg. 392Kimley>>> Horn
Traffic Calming Toolbox
•Traffic calming is a roadway improvement implemented to reduce speed, encourage attentive driving, and may reduce/shift traffic flow. •Design Considerations:
•Appropriateness (volume/speed limit)
•Effectiveness
•Bicycle and pedestrian activity
•Parking
•Emergency vehicle and bus access
•Community impact
•Noise
F.1.b
Packet Pg. 393Kimley>>> Horn
Traffic Calming Toolbox
Types of Traffic Calming Measures
Horizontal
Shifts
Vertical
Shifts Closures Behavior
Changes
F.1.b
Packet Pg. 394Kimley>>> Horn
Public Outreach and Feedback
F.1.b
Packet Pg. 395Kimley>>> Horn
Public Outreach and Feedback
•Two (2) virtual public workshops were hosted in 2022 by Kimley -Horn and City staff (July & September)
•Opportunity to present traffic calming recommendations and have the community share their comments
•An online survey was also prepared to solicit community feedback on the traf fic calming concepts
F.1.b
Packet Pg. 396Kimley>>> Horn
Public Workshop #1
•Hosted on July 13, 2022
•The community supports traffic calming measures to address speeding
•The community wants the traffic calming plan to consider impacts to on-street parking
•The community supports improving visibility and safety for bikes and pedestrians
•The community wants the traffic calming to consider measures to discourage sideshow activity
F.1.b
Packet Pg. 397Kimley>>> Horn
Public Workshop #2
•Hosted on September 28, 2022
•Recommend Alternative 1 concept as a near-term traffic calming option
•Recommend Alternative 2 concept as a long-term traffic calming option pending future development and available funding •The community showed interest to implement Botts Dotts as a potential countermeasure to discourage sideshow activity F.1.b
Packet Pg. 398Kimley>>> Horn
Memorial Drive
Traffic Calming Layouts
F.1.b
Packet Pg. 399Kimley>>> Horn
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Alternative 1 – Road Diet (Near-Term)
Veterans Memorial Park
Sunnyslope
Elementary
School
Memorial Dr
2-Lane Road Diet &
Stripe Buffered
Class II Bike Lanes
RRFB Mid-
Block
Crosswalks
Curb Extension
Oa
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Speed Cushion
F.1.b
Packet Pg. 400
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Alternative 2 – Ultimate Road Diet (Long-Term)
Veterans Memorial Park
Sunnyslope
Elementary
School
Memorial Dr
2-Lane Road Diet &
Class IV Separated
Bikeway
RRFB Mid-
Block
Crosswalks
Curb Extension
2-Lane Road Diet &
Stripe Buffered
Class II Bike Lanes
2-Lane Road Diet &
Stripe Buffered
Class II Bike Lanes
Roundabout
Oa
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S
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Speed Cushion
Curb Extension
F.1.b
Packet Pg. 401
F.1.b
Packet Pg. 402
L
10'
SIDEWALK &
LANDSCAP ING
12'
TRAVEL LANE
SOUlHBOUND
CONSTRUCT CURB BULB-OUTS
AND RAISED MEDIAN FOR
PEDESTRIAN CROSSING.
AUGMENT WITH SIGNING AND
RRFB SYSTEM PER MUTCD.
12· 12' 12'
/
FUTURE PEDESTR IAN CONNECTION
TO MARNE DRIVE PER CITY
GENERAL PLAN
VETERANS
MEMOR IAL PARK
GREEN BIKE MARKING (TYP)
PL
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NORlHBOUND
TRAVEL LANE
NORlHBOUND
P>,RKING SIDEWALK &
LANDSCAPING
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DWW-197008240 OCTOBER 2022
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDIT IONS
GRAPHIC SCALE IN FEET
0 25 50 100
~
PL
10' 8 '
SIDEWALK & PARKING
LANDSCAPING
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
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NORTH OF SUNSET
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ALTERN ATIVE 1
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CITY OF HOLLISTER • MEMOR IAL DRIVE TRAFFIC CALMING
F.1.b
Packet Pg. 403
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SIDEWALK &
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AUGMENT WITH SIGN ING AND
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TRAVEL LANE
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TRAVEL LANE
SOUTHBOUND
12'
TRAVEL LANE
NORTHBOUND
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
12'
TRAVEL LANE
NORTHBOUND
GREE N BIKE MARK ING (TYP)
8' 10'
PARKING SIDEWALK &
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12'
TRAVEL LANE
SOUTHBOUND
12'
TRAVEL LANE
NORTHBOUND
•
BUFFER STRIPING
SPACED AT 20 FT
(TYP)
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GREEN BIKE MARKING (TYP)
12'
TRAVEL LANE
NORTHBOUND
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8' 10'
PARKING SIDEWALK &
LANDSCAPING
PL
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DWW-1970082+0 OCTOBER 2022
ME MORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
GRAPH IC SCAL E IN FEET
0 25 50 100
~
PL
10'
SIDEWALK &
LANDSCAPING
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
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MEMORIAL DRIVE
NORTH OF SUNSET
ALT 1 TRAFFIC CALMING
8'
PARKING
10'
SIDEWALK &
LANDSCAPING
p
ALTERNATIV E 1
PROPOSED TC LAYOUT -SHEET 8
CITY OF HOLLISTER • MEMORIAL DRIVE TRAFFIC CALMING
F.1.b
Packet Pg. 405
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OWW-197008240 OCTOBER 2022
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
GRAPHIC SCALE IN FEET
0 25 50 100
~
PL
10'
SIDEWALK &:
LANDSCAPING
8 '
PARKING
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
TWO-WAY LEFT TURN I
LANE STRIPING
~-
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CURB TO RESTRICT
PARKING AND IMPROVE
SIGHT DISTANCE AT
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Other Traffic Calming
Considerations
F.1.b
Packet Pg. 406Kimley>>> Horn
Speed Cushion
Memorial is classified as
a 2-lane residential
collector south of Sunset
F.1.b
Packet Pg. 407
INSTALL RAISED SPEED
CUSHION WITH MUTCD
ADVANCE WARNING SIGNS
Pl
10'
SIOEW,4.U< &
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ARROW ROADWAY BICYCLE MARKING ~---'fl SEE CAL TRANS Std PLAN A24C)(TYP).
SHARROWS SPACED AT INTERVALS NOT
GREATER THAN 250 FT
8'
PARKING
12'
TR,4. VE!. LANE
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SOUTH OF SUNSET
ALT 1 TRAFFIC CALM ING
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FOR ADVANCE
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WARNING
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SPEED CUSHION AND
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CUSHION Willi MUTCD
ADVANCE WARNING SIGNS
SHARROW ROADWAY BICYCLE MARKING
(SEE CAL TRANS Std PLAN A24C)(TYP).
SHARROWS SPACED AT INTERVALS NOT
GREATER lliAN 250 FT
School Driveway Access
Existing school driveway
access to remain
Existing school
driveway access
to remain
F.1.b
Packet Pg. 408
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AND GREEN
MARKINGS TO
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TURN LANE EXISTING RAISED
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MED ICAL CENTER
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CONSTRUCT BULB OUT AND
MA INTAIN SCHOO L DRIVEWAY
ACCESS WITH TRANSITION
TO RIGH T TURN L ANE AND
BIKE SHARROWS
Kimley >>> Horn
NO PARKING ZON E A L ONG MEMORIAL
BY SCHOOL AND MOB FRONTAGE
~EXISTING
BUS STOP
CONSTRUCT CURB BULB-OUTS
AND RAISED MEDIAN FOR
P EDESTRIAN CROSSING.
AUGMENT WITH SIGNING AND
RRFB SYSTEM PER MUTCD.
.
SUNNYSLOPE
ELEMENTARY
SCHOOL
Sideshow Prevention Efforts
•No established best practice to prevent sideshow activity •Local agencies have implemented pilot programs to develop and test engineering strategies for sideshow mitigation
•City will continue law enforcement and community education to deter sideshow activity in the neighborhood
F.1.b
Packet Pg. 409Kimley>>> Horn
Sideshow Prevention Efforts
Concept Bott’s
Dot Layout
Potential City
Countermeasures
Concept Armadillo
Medians
Roundabout median
islands reduce
vehicle travel path
F.1.b
Packet Pg. 410
1ESTRIAN
STRIPE
fALK ON
ABLE
\N AND PROTEC
31KE CORRIDOR
.ETE STREETS P
) MPH
:ED: 25 MPH
Kimley >>> Horn
CONSTRUCT
INTERSECTlm
ISLAND AND
CITY COMPLE
Sideshow Prevention Efforts
Botts’ Dot raised
pavement marker
Normal vehicle
traffic straddles
markers at
intersection
Oakland Pilot Program
35th/MacArthur
Countermeasure preferred from community input
F.1.b
Packet Pg. 411
Schedule and Next Steps
F.1.b
Packet Pg. 412Kimley>>> Horn
Schedule and Next Steps
Estimated Timeline Project Milestone
March 2023 Present project recommendations to City Council December 2023 Complete interim engineering design
March 2024 City project for interim construction
F.1.b
Packet Pg. 413Kimley>>> Horn
Schedule and Next Steps
•Direction from Council on implementing Memorial Drive traffic calming improvements
•Recommendation:
1.Approve Alternative 1 Interim traffic calming option
2.Approve Alternative 2 Ultimate traffic calming option pending future development and funding opportunities
•Earmark funding in City CIP and pursue grant funding
3.Implement a pilot program to test sideshow prevention countermeasures at key intersections
F.1.b
Packet Pg. 414Kimley>>> Horn
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 17, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Housing
Christine Hopper, Development
Services Director
CONTACT: Jamila Saqqa, Housing Program
Coordinator
831-636-4300 x13
TITLE OF ITEM: RESOLUTION NO. 2023-27, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPLICATION
AMENDMENT AND ADOPTING AN AMENDED PLAN FOR THE STATE OF
CALIFORNIA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA)
BRIEF DESCRIPTION: The City of Hollister City Council to review and accept the Permanent Local Housing Allocation Grant resolution amendment. Additionally, staff is seeking City Council to provide direction to redirect a portion of the grant funding to San Benito County Health & Human Services for operational expenses of the H.O.M.E Resource emergency shelter.
RECOMMENDATION: Adopt an amended resolution authorizing the Development Services Director or their designee to execute the PLHA Program Application, any subsequent amendments or modifications, and other necessary documents.
Additionally, provide Staff direction on the request from San Benito County Health & Human Services to redirect a portion of the grant funding towards operational expenses of the H.O.M.E Resource emergency shelter.
DEPARTMENT SUMMARY: In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the State’s housing shortage and high housing costs. In August 2022, California Department of Housing & Community Development (HCD) released a Permanent Local Housing Allocation (PLHA) Notice of Funding Availability (NOFA). The City of Hollister is eligible to receive $180,249 for 2019, $280,173 for 2020, and $290,339 for 2021. Future allocations may fluctuate from year to year depending on recording fees from the number of real estate transactions. This award application includes the previous years’ award amounts and this is the last year to apply for the 2019 calendar year allocation.
Staff conducted a public hearing at the October 3, 2022 City Council meeting. The City Council received a formal presentation and approved the grant application at the October 17, 2022 City Council Meeting. Based on staff recommendation, the City Council provided direction to support the eligible activity category six, which focuses on assisting individuals, who are experiencing or at-risk of homelessness. Staff submitted the application by the amended November 30, 2022 deadline.
After submittal of the grant, staff has determined there was a minor error in the approved resolution. In order to correct the error, staff is presenting an amended PLHA Grant resolution with the change to indicate the Development Services Director or their designee to execute the PLHA Program Application, any subsequent amendments or F.2
Packet Pg. 415
modifications, and other necessary documents and not the Development Services Director’s personal name. Once approved, staff can provide HCD the corrected resolution and proceed with the Standard Agreement process.
The City of Hollister received an award letter in December 2022 from HCD for $750,761 for the first three years of PLHA funding. Since the submittal of the PLHA grant and receipt of the award letter, the City of Hollister has received a request from the County of San Benito Health & Human Services Agency for funding support for the operational expenses of the emergency shelter H.O.M.E Resource Center. San Benito County Health & Human Services applied for PLHA funding, but in review of the shelter expenses San Benito County Health & Human Services, needs additional funding to continue shelter operations.
The City of Hollister’s PLHA five-year implementation plan indicated approximately $55,000 per year would be directed to the local non-profit Emmaus House.
Approximately $130,000 per year would fund a City of Hollister staff to provide administrative assistance and approximately $70,000/year would be directed to Community Homeless Solutions, the current service provider for the H.O.M.E. Resource Center, to provide case management services. Staff is not seeking to make amendments to the amount of funding directed to Emmaus House. Staff has not yet entered into any agreements with Emmaus House or Community Homeless Solutions nor hired staff as the funding will not be released until the previously approved resolution is amended and approved. Staff consulted with HCD confirmed the City of Hollister can make the needed adjustments, but the City would remain as the applicant managing all funding and reporting responsibilities.
Staff is seeking Council to accept the amendment to the resolution and receive direction to redirect funding from the administrative position and Community Homeless Solution case management services towards operational shelter needs via an agreement with the County of San Benito.
FINANCIAL IMPACT: City to receive PLHA grant in an amount not to exceed $1,081,498.00
CEQA: Not a project/exempt pursuant to CEQA Guidelines Section 15061(b)(3).
ATTACHMENTS:
1. Amended 2022-PLHA-Resolution
F.2
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RESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING AN APPLICATION AMENDMENT AND ADOPTING AN AMENDED
PLAN FOR THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING &
COMMUNITY DEVELOPMENT PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM (PLHA)
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of March, 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. 2023-27, 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 6th day of March, 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 March, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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_____________
___________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________
AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of __________________________________________________________________ _ _____________________________hereby consents to, adopts, and ratifies the following resolution:
_
A.WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B.WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C.WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.
D.WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:
1.If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2.Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ______________________ in accordance with all applicable rules and laws.
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3.Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
4.Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5.If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.
6.If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
7.If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
8.If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
9.If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).
10.If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.
11.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
12.______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
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PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2022, by the following vote:
AYES: ABSTENTIONS: NOES: ABSENT:
Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
_________________________
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: March 1, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Rosie Betanio, Lieutenant
831-636-4330
TITLE OF ITEM: RESOLUTION NO. 2023-28, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS IN REGARDS TO SPAY AND NEUTERING
PROGRAMS AND TRAP-NEUTER-RETURN PROGRAMS TO HUMANELY
CONTROL THE POPULATION OF FERAL CATS IN THE COMMUNITY
BRIEF DESCRIPTION: Pet Maintenance & Repair Veterinary has offered to provide spay/neuter services to Trap-Neuter-Return organizations within San Benito County on behalf of City of Hollister Animal Care & Services. This resolution will authorize the City Manager to enter into agreements with veterinarian services and/or organizations to provide spay and neutering services for animals in the San Benito County service area on behalf of the Hollister Animal Shelter.
RECOMMENDATION: Adopt a resolution authorizing the City Manager or designee of the City of Hollister to approve agreements between the City of Hollister and Pet Maintenance & Repair Veterinary and any other similar organization for spay/neuter services for feral cats within Hollister city limits and San Benito County, subject to City Attorney review and approval.
DEPARTMENT SUMMARY: The City of Hollister Animal Care & Services recognizes the Trap-Neuter-Return (TNR) program as a valuable tool in the stabilization and reduction of feral and community cats. TNR is a nationally accepted method to humanely and effectively manage community cat colonies. The primary goal is the reduction of free-roaming cats by TNR organizations that trap, spay, neuter, and vaccinate the cats.
Pet Maintenance and Repair Veterinary Hospital has reached out to the City of Hollister to offer two available dates for Spaying and Neutering service for feral cats in our community. The first date is March 19, 2023 and the second date is April 2, 2023.
Local volunteer groups have committed to trapping the feral cats and transporting them to Pet Maintenance and Repair for the surgeries. The volunteer groups will also take care of the animals post-op and return the altered animals back to the location they were trapped.
Dr. Jeff Fankhauser of Pet Maintenance & Repair has offered to provide the services at $125 per female feral cats and provide the services on the male cats free of charge. He is offering to provide the services to up to 20 female cats per day not exceeding $2,500 per day with a total of $5,000. The service would include spaying/neutering and vaccinations. The price is at least $25 less per animal than some previous veterinarian services.
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Time is of the essence in this matter to take advantage of this reduced cost, volunteer effort and schedule opportunities.
The Resolution will allow Hollister Animal Care & Services to take advantage of this and any future low cost opportunities by authorizing the City Manager to enter into future agreements in regards to spay and neutering services in the future along with City Attorney approval.
FINANCIAL IMPACT: $0. City of Hollister Animal Care and Services would use savings from current budget to support two clinics at $125 per feral cat/tom cats free, not exceeding $5,000.
CEQA: N/A
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RESOLUTION NO. 2023-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS IN
REGARDS TO SPAY AND NEUTERING PROGRAMS AND TRAP-NEUTER-RETURN
PROGRAMS TO HUMANELY CONTROL THE POPULATION OF FERAL CATS IN
THE COMMUNITY
WHEREAS, the City of Hollister commits to supporting (TNR) as a humane method to control and reduce the feral and community cat population within the city limits and county. TNR is a scientifically justifiable and humane method to control and reduce the feral and community cat population; and
WHEREAS, controlling and reducing the feral and community cat population is desirable for reasons that include but are not limited to addressing prosocial, humane treatment of domesticated animals, financial efficiency (as opposed to trap-and- euthanize), wildlife protection (e.g., birds), and the concerns of residents that want options to repel feral or community cats from their property; and
WHEREAS, Hollister Animal Care and Services, would use savings from the current budget to support two clinics at $125 per feral cat/tom cat free not exceeding $5,000; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister affirms support for a Trap-Neuter-Return (TNR) program to humanely control the population of feral cats in the community.
NOW, THEREFORE BE IT FURTHER RESOLVED, the City Council of the City of Hollister does hereby authorizes the City Manager to enter into agreements in regards to spay and neutering programs and Trap-Neuter-Return Programs To Humanely Control The Population of Feral Cats In the community of Hollister and San Benito County.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of March, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
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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. 2023-28, 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 6th day of March, 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 March, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 28, 2023 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, Assistant City
Manager
CONTACT: David Mirrione, Assistant City
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-29, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER TO REPEAL THE LOW INTEREST BUSINESS LOAN PROGRAM AND PROVIDE POSSIBLE DIRECTION.
BRIEF DESCRIPTION: City Council will consider adopting a resolution authorizing staff to repeal the Low Interest Business Loan Program, receive direction regarding the existing executed loan, receive direction on the two pending loan applications, and provide possible direction to proceed with grant program.
RECOMMENDATION: Adopt a resolution authorizing staff to repeal the Low Interest Business Loan Program, receive direction regarding the existing executed loan, receive direction on the two pending loan applications, and provide possible direction to proceed with grant program.
DEPARTMENT SUMMARY: At the May 2, 2022 City Council meeting, staff received direction to establish the Low Interest Business Loan Program. This program is available to all eligible businesses located in the City of Hollister’s Downtown District.
The program is designed to stimulate economic growth, increase the vibrancy of the downtown area, and create jobs that will improve the living conditions for residents.
The program was established with the following guidelines: The City would provide a fifteen year with a 2% simple interest rate loan program for the development of new businesses in the Downtown area with up to $2,000,000 available to be used towards individual loans. The loan amounts vary on the type of business. For example, a restaurant with a commercial kitchen qualifies for a $150,000 loan, and retail or restaurant type of businesses that do not have commercial kitchen would qualify for $50,000.
At the October 3, 2022 City Council meeting, staff provided City Council with a report on the status of the Low Interest Business Loan Program. City Council indicated they would consider applications on a case-by-case basis for a larger loan amount for those applicants that are both the property owner and business owner. City Council also directed staff to review the program and recommend changes to the guidelines at a future City Council meeting.
At the February 6, 2023 City Council meeting, staff provided recommendations to amend the requirements of the Low Interest Business Loan Program that were consistent with the feedback received at prior City Council meetings. The City Council also directed staff to return to each subsequent City Council meeting to provide updates on the status and progress of the program.
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At the February 21, 2023 City Council meeting, staff provided a presentation on the program and discussed a list of considerations regarding the program. Following the presentation, public input, and a discussion amongst the City Council, staff received direction to return to the March 6, 2023 City Council meeting with a resolution to formally repeal the Low Interest Business Loan Program.
Staff also received direction to make recommendations regarding the status of the existing loan recipient and two additional loan applicants. To date, the sole business to secure a loan is the Baler Bar and Grill who received a fifteen-year loan in the amount of $150,000 with a 2% interest rate. There are currently two applications in process that met the program requirements under the original guidelines of the program. One business, Mmm Churros! is eligible to apply for up to $200,000 and Café con Leche con Amor is eligible to apply for up to $50,000 in ADA improvements under the original program guidelines.
Staff recommends that the two pending applicants be permitted to continue with the application process under the original program guidelines. If the Council approves the proposed business grant program, the businesses that secure a loan from the Low Interest Business Loan Program will have the opportunity to apply for the proposed grant program if they meet the council approved eligibility criteria. If funded, the grant will be used to reduce the business’ loan balance and would not be issued as a direct payment.
Staff will provide a presentation at the March 20, 2023 City Council meeting on a potential grant for businesses and will seek possible direction.
FINANCIAL IMPACT: None at this time
CEQA: N/A
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RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO REPEAL
THE LOW INTEREST BUSINESS LOAN PROGRAM AND PROVIDE POSSIBLE DIRECTION.
WHEREAS, at the May 2, 2022 City Council meeting, staff received direction to establish the Low Interest Business Loan Program; and
WHEREAS, at the October 3, 2022 City Council meeting, staff provided City Council with a report on the status of the Low Interest Business Loan Program; and
WHEREAS, at the February 6, 2023 City Council meeting, staff provided recommendations to amend the requirements of the Low Interest Business Loan Program that were consistent with the feedback received at prior City Council meetings; and
WHEREAS, at the February 6, 2023 City Council meeting, staff was directed to return to each subsequent City Council meeting to provide updates on the status and progress of the program; and
WHEREAS, at the February 6, 2023 City Council meeting, staff was directed to return to each subsequent City Council meeting to provide updates on the status and progress of the program; and
WHEREAS, at the February 21, 2023 City Council meeting, staff provided a presentation on the program and discussed a list of considerations regarding the program; and
WHEREAS, at the February 21, 2023 City Council meeting, staff received direction to return to the March 6, 2023 City Council meeting with a resolution to formally repeal the Low Interest Business Loan Program; and
WHEREAS, at the February 21, 2023 City Council meeting, staff received direction to make recommendations regarding the status of the existing loan recipient and two additional loan applicants.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister repeals the Low Interest Business Loan Program.
BE IT FURTHER RESOLVED, that staff continue to process the two remaining loan applications and return to the City Council at a future meeting to report on the Low Interest Business Loan Program.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of March, 2023, by the following vote:
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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. 2023-29, 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 6th day of March, 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 March, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 28, 2023 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, Assistant City
Manager
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017
TITLE OF ITEM: HOLLISTER MOTORCYCLE RALLY UPDATE AND DIRECTION - MARCH 6, 2023
BRIEF DESCRIPTION: At the February 21, 2023 City Council meeting, Council directed staff to provide an update on the Hollister Motorcycle Rally, including options securing the Downtown area and providing adequate security for the event.
RECOMMENDATION: Receive staff presentation and provide possible direction.
DEPARTMENT SUMMARY: At the February 21, 2023 City Council meeting, Council directed staff to provide an update on the Hollister Motorcycle Rally, including options securing the Downtown area and providing adequate security for the event.
FINANCIAL IMPACT: Unknown at this time. Final financial impact will be dependent on Council’s direction.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: March 1, 2023 AGENDA ITEM: Unfinished Business DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, Assistant City
Manager
CONTACT: Jennifer Woodworth, City Clerk
831-636-4330 x1017
TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS
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.
DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.
ATTACHMENTS:
1. 20230306 - Agenda Item and Update Request log
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2022 Council Agenda Item Requests 3/1/2023
1 Velazquez 1/18/2022 Discussion on parking/parking garage fees Development Services (Planning)3/6/2023
Kimley Horn to provide 4 Leaf
with Garage Fee Study. Once
survey is received, staff will
evaluate if new survey is
needed or if it can be
addressed in house.
2 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)
Included in Zoning and
Municipal Code Update
project.
3 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager Will bring item back to goal
setting meeting.
4 Burns, Morales, Perez 4/4/2022 Food Truck Ordinance Review City Manager Planning working on an
ordinance after completion of
general plan.
5 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.
Administrative Services 6/1/2023 Willdan completed scope and has begun the study.
6 Velazquez 5/2/2022 Discussion on parking fees for the Briggs building
Development Services
(Engineering)3/6/2023
Researching establishment of
parking fees. Draft plan has
been received. Staff is
reviewing the plan and will
provide comments to
contractor.
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
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2022 Council Agenda Item Requests 3/1/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
7 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation TBD
Topo survey has been
contracted with Kelly
Engineering and survey should
be ready by 10/31/22. Dog
park at Vista Park will to be
included in 2022-23 budget for
Council consideration. Topo
survey has been received. Staff
working to issue an RFP for a
Vista Park Hill Master Plan.
8 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)Jun-23 Working on finding a good customer service training.
9 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services (HR)
Actively recruiting.
Applications close on
01/06/2023
10 Burns/Perez 9/6/2022 Develop cooling and warming center policy City Manager Partnering with County OES to
develop policy. Cooling policy
is complete and OES working
with City Manager's office to
complete Warming Center
policy.
11 Morales 9/6/2022 Future park to be developed in District 3 Parks & Recreation Will bring to 2023-24 Budget and Goal Setting meetings
12 Burns 10/3/2022 Special Meeting to Discuss the Library City Manager Will bring item back to goal setting meeting.
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2022 Council Agenda Item Requests 3/1/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
13 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services Fee Study being completed for all city fees
14 Morales 1/17/2023
Procurement Policy to express City's
preference for a skilled and trained workforce
instead of just the lowest responsive bidder,
such as preference for local hires and working
with veterans
Administrative Services Staff drafting and returning in approximately 30 days
15 Casey 1/17/2023 Policy on how items are added to the City Council agenda City Clerk 3/20/2023 Policy being developed 16 Burns 2/6/2023
City to take on cost for internet service for
computers installed by LULAC at Community
Center
Information Technology To be included in budget
discussion
18 Burns 2/6/2023 Rename Community Center for Pauline
Valdivia Parks & Recreation
Must wait for application from
family and follow facility
naming policy
19 Casey 2/6/2023 Special meeting to discuss traffic calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23
20 Burns 2/21/2023 Proclamation recognizing Bill's Bullpen for 35 years of business in Hollister City Clerk 3/20/2023
21 Burns 2/21/2023 Policy regarding proclamations City Clerk TBD 22 Burns 2/21/2023 Presentation on Flock Cameras Police TBD 23 Resendiz 2/21/2023 Policy on use of Council travel funds Administrative Services TBD 24 Perez 2/21/2023 Program to support beautification of Downtown business and empty lots Development Services TBD 25 Perez 2/21/2023 Discussion of Council Pay (HMC 2.04.320)City Manager TBD 26 Morales 2/21/2023 Presentation on new laws impacting city operations City Attorney TBD
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2022 Council Agenda Item Requests 3/1/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
27 Casey 2/21/2023
Options to address feral cat population
including two additional spay/neuter clinics in
March
Police/Animal Control 3/6/2023 Agenda item scheduled for 3/6/23
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2022 Completed Agenda Items 3/1/2023
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with
presentations by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of
time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.
Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of
the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard Pay for
Employees approved
5/2/2022
5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date H.1.a
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2022 Completed Agenda Items 3/1/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Ralley and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022
19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and
Perez were appointed on April
18, 2022.
4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member
wants to submit items to City
Clerk for posting to COH Social
media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to
amend City Code set for May
16, 2022. Item did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting
Agenda 5/16/2022
23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022-Did not pass
5/16/2022
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2022 Completed Agenda Items 3/1/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council
Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance
Review to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be
provided to Council by outside
attorney. Memo provided on
5/25/2022 on Regulating
Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.
Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.
City Manager
Developer working on a
project for site and the land is
in escrow.
6/30/2022
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process & working with
Elections Consultant. Special
Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be
ready for Election in 2024 if
process is started in time.
Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure. On
June 6 Agenda for Council
Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members - Council to
send locations
Waiting on
individual Council
Members
33 Council
Member(s)5/2/2022 Presentation on grants, low
income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager
Approved as part of the
Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022
39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August
2022 Meeting. If approved
working on ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on
9/6.9/6/2022
42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled
via Ordinance brought to
Council on September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.
Fly Breast Cancer flag in October at
City Hall.
City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Aiport
Tentant Evicition City Manager
City Manager provided Council
Member Burns with necessary
information so item does not
need to be put on closed
session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022
Second reading of ordiance
will be brought to Council on
10/3/22.
10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ
for Facility Assessment Survey.
Will bring to the 10/17/22 City
Council Meeting
10/17/2022
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2022 Completed Agenda Items 3/1/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to
schedule date for
presentation.
11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has
requested to present at
11/7/22 council meeting. Will
evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley
Pavement and Drainage
Project are being presented to
the Council for approval on
11/7/22.
11/7/2022
53 Burns 11/21/2022
Muncipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve
on committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.
Police (Animal
Control)/ City
Attorney
Will be discussed at the
Animal Control Ad Hoc
Committee meeting
2/14/2023
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2022 Completed Agenda Items 3/1/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023
City Manager contract
discussion scheduled for
Closed Session
2/21/2023
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2022 Update Requests from Council
(non-agenda items)
3/1/2023
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
1 Resendiz 1/18/2022
Discuss creating a Homelessness
committee with representatives from
different entities to tackle homeless
problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City Attorney and sent to
Council. Staff will include this item at the Council's Goal Setting meeting
TBD
2 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Waiting on the new permanent Director to assess.3/31/2023 3 Velazquez 2/7/2022 Update on alleys, lighting on 6th street and solar lights
Development Services
(Engineering)
On 6/6/2022 Agenda. Alley survey is underway -
working on schedule with surveyor. 6th Street lights bid opening date is 7/13. Awarded 8/15/2022. Topo survey
work began in late July of 2022. Topo Surveys were
completed in September. Contract has been awarded,
however, there is delay to receive supplies and
materials.
3/31/2023
4 Burns 2/22/2022
Requested discussion with the Parks
Manager about ideas for Skate Park, and
City investing in park cleanup.
Community Services /
Parks & Recreation
ACC has created an Ad Hoc committee. Focus on skate
park safety prior to beautification efforts. Cameras and fencing quotes being gathered. Graffiti cleanup
discussions underway with Community Services.
2/28/2023
5 Velazquez 2/7/2022 Update from Beautification ad hoc
committee in March Ad Hoc Committee Waiting on Ad Hoc Committee TBD 6 Morales 3/21/2022 Outdoor Night Market Development Services (Planning)Included in Zoning and Municipal Code Update project.TBD 7 Burns, Morales, Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023 8 Burns, Morales, Perez 4/18/2022
As part of budget process, reports from
each dept on year to date
accomplishments, 3 year fiscal analysis or
forecast for anticipated equipment ,
projects, expenditures, performance
measures, task performance measures,
and employee satisfaction rate.
City Manager Part of the mid-year Budget 3/31/2023
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2022 Update Requests from Council
(non-agenda items)
3/1/2023
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
9 Burns, Velazquez 5/2/2022
Staff research drought resistant ideas for
Jerry Gabe Dog Park and all future dog
parks
Parks & Recreation
Staff met with landscapers to assess sprinklers. Staff is contacting other cities to learn what materials they are using. Landscapers will be seeding the park on October. 2/28/2023
10 Council 5/2/2022
Upgrade or replace the lights downtown
and the first block of the side streets with
APRA funds
Community Services
Need to issue an RFP as estimate is $150k. RFP
boilerplate is currently under review with City
Attorney. RFP estimated to be released in March of
2023.
5/30/2023
11 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City Attorney and sent to
Council. Staff will include this item at the Council's Goal Setting meeting
TBD
12 Velazquez 5/2/2022
Add language in City Code to fine
developers who block the alleys, streets,
public right of way for longer than 2 days
with dumpsters or equipment
Development Services
(Planning)Included in Zoning and Municipal Code Update project.TBD 13 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night.
Development Services
(Planning and
Engineering)
Included in Zoning and Municipal Code Update project.TBD 14 Burns, Morales, Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park construction. Will
include the name in all public outreach efforts as
required by the grant.
3/31/2024
15 Burns 9/6/2022 Shade structure at Valley View Park Parks & Recreation Quotes have been received. Staff working with vendor to schedule installation.3/31/2023
16 Burns 9/6/2022
Union Rd signs need to be replaced with
Avenida Cesar Chavez signs at Fairview
and Hwy 25 intersections
Community Services Staff working with Assemblymember Rivas' office to escalate the issue with Caltrans.
TBD (Need timeline from
Caltrans)
17 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to add feature to Dunne Park 6/30/2023
18 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services /
Development Services
(Engineering)
Location confirmed with Councilmember. Engineering
to include in study along with post speed calming data
collection.
TBD
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2022 Update Requests from Council
(non-agenda items)
3/1/2023
#Council Member Meeting Date Update Requested Department Status Estimated Date of Completion Completed Date
19 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate is $150k. RFP
boilerplate is currently under review with City
Attorney. RFP estimated to be released in March of
2023.
5/30/2023
20 Burns 12/5/2022 Update on Cameras at the skate park Police Staff working to determine if skate park has ample
power or if power will need to be routed to the skate
park.
3/31/2023
21 Burns 1/17/2023
Suggested potential changes to the
process regarding City Council's review of
initiating a general plan amendment to
potentially lower the threshold for the
required Council vote to approve the
initiation.
City Attorney Referred to City Attorney TBD
22 Perez 2/6/2023 Update on condor statue to be intsalled at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.TBD
23 Burns 2/6/2023
Mountain lion shooting incident from
2022 - Requested independent
investigation of the incident and the body
camera footage to be released and
presented at regular city council meeting
City Attorney/Police Referred to City Attorney TBD
24 Burns 2/21/2023 Update on the Area Agency on Aging and if City has contributed for past two years Parks and Recreation Staff researching.3/10/2023 25 Resendiz 2/21/2023 Training for peace officers and
dispatchers as required by AB2504 City Attorney/Police Staff researching.TBD 26 Burns 2/21/2023
Options for fencing the Downtown area
for the motorcycle rally and charging an
entrance fee
Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.
City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 12 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
13 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
14 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
15 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 16 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
17 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 18 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 19 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
20 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
21 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.
City Manager 2/22/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 23 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 24 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
25 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.
Recreation 3/5/2022
26 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 27 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
28 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
29 Council 2/22/2022 Update on the total number of PRA reqests the City Clerk's Office receives per year City Clerk 4/4/2022 30 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
31 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 32 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 H.1.a
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 33 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
34 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June ot have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
37 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
38 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.
Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
39 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
40 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
41 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 42 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
43 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
44 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.
City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
45 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 46 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
47 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
48 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
49 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
50 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
51 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
52 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
53 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective disticts.
City Manager 5/2/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 54 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
55 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
56 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcment Weeds removed 5/25/2022
57 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.
Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
58 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.
A more detailed process was
brought to Council, but rejected.
6/6/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 59 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.
Department Liasions for Finance is
Council Member Resendiz and
Community Services Liasion is
Mayor Velazquez.
6/21/2022
60 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
61 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
62 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
63 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
64 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
65 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
66 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 67 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
68 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
69 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
70 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
71 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
72 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
73 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequete by City Attorney 9/1/2022
74 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.
City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
75 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 76 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
77 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
78 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
79 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
80 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
81 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
82 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 83 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
84 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
85 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
86 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
87 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Culture Committee 10/5/2022
89 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
90 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
91 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
92 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordiance will be
brought to Council on 10/3/22.10/3/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 93 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
94 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
95 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
96 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
97 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
98 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 99 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.
City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
100 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendant to the local press and
to City Clerk for submission into the offical
record
City Manager Email was forwarded as requested 10/18/2022 101 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restictive
ordiance than the state.10/20/2022
102 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
103 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
104 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
105 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 106 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.
Will provide an update to Council.11/30/2022
107 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
108 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
109 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
110 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
111 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
112 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
113 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
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2022 Completed Update Requests 3/1/2023
#Council Member Meeting Date Update Requested Department Status Completed Date 114 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.
Staff is waiting for the weather to
clear prior to install them.
1/31/2023
115 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 116 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 117 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 118 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 H.1.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 6, 2023
SUBMITTED: February 17, 2023 AGENDA ITEM: City of Hollister as the Successor Housing Agency of the
Redevelopment Agency
DEPARTMENT:
DEPARTMENT HEAD:
Housing
Christine Hopper, Development
Services Director
CONTACT: Jamila Saqqa, Housing Program
Coordinator
831-636-4300 x13
TITLE OF ITEM: ANNUAL REPORT ON THE HOLLISTER SUCCESSOR AGENCY LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2021- 22 BRIEF DESCRIPTION: The Council will receive the annual report summarizing the financial condition of the City of Hollister Housing Successor Low and Moderate Income Housing Asset Fund (the “LMIHAF”) as required in Health and Safety Code §34176.1(f).
RECOMMENDATION: Accept the annual report on the LMIHAF and direct staff to post it on the City’s website.
DEPARTMENT SUMMARY: Health and Safety Code (HSC) §34176.1 requires each housing successor to a former redevelopment agency (RDA) to prepare an annual report regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) of the former RDA and completion of an independent audit of the fund. Attachment A includes selected sections of the audit related to the City of Hollister Housing Successor. The audit is available for review on the City’s website. HSC §34176.1(f) requires submittal of an annual report documenting the activities of the former Housing Successor to Hollister RDA housing assets to ensure that the funds are expended in accordance with the Dissolution Act that eliminated RDAs in California and subsequent amendments. The attached report included in Attachment B summarizes the compliance of the City of Hollister Housing Successor with spending and reporting requirements for the Fiscal Year 2020/21.
FINANCIAL IMPACT: $0
CEQA: Exempt
The informational report does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
Furthermore, no Council action is required.
ATTACHMENTS:
1. Annual Housing Report for Fiscal Year 2021-2022 - Copy K.1
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HOUSING SUCCESSOR
AGENCY ANNUAL REPORT
City of Hollister
Fiscal Year 2021-2022
K.1.a
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2 TABLE OF CONTENTS
INTRODUCTION ...................................................................................................................... 3 LOW AND MODERATE INCOME HOUSING ASSET FUND................................... 4 REPLACEMENT & INCLUSIONARY HOUSING OBLIGATIONS ........................... 5 SENIOR HOUSING DEVELOPMENT PROPORTIONALITY ................................... 6 HOUSING ASSET FUND DEPOSITS, EXPENDITURES, AND ENDING BALANCE ... 6 INVENTORY OF HOMEOWNERSHIP UNITS ............................................................... 8 INCOME EXPENDITURE PROPORTIONALITY .......................................................... 9 2014-19 INCOME EXPENDITURE PROPORTIONALITY COMPLIANCE REVIEW…10 K.1.a
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3 CITY OF HOLLISTER HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2021- 2022 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176.1(f)
INTRODUCTION
In 1945, the California Legislature enacted the Community Redevelopment Act to assist local governments in eliminating blight through development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail districts. The Act gave cities and counties the authority to establish redevelopment agencies (RDAs or agencies). As part of the 2011 Budget Act, and in order to protect funding for core public services at the local level, the Legislature approved the dissolution of the state’s 400 plus RDAs.
After a period of litigation, RDAs were officially dissolved as of February 1, 2012. As a result of the elimination of the RDAs and to help facilitate the wind-down process at the local level, Successor Agencies were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties.
The City of Hollister (“City”) is the housing successor agency to the former Hollister Redevelopment Agency (“Agency”). The majority of the City’s housing assets were transferred from the former Agency when it dissolved pursuant to the Dissolution Act in 2012 (enacted by Assembly Bills x126 and subsequent legislation). With the dissolution, the former Agency’s affordable housing rights, powers, assets, liabilities, duties, and obligations, excluding any amounts in the Agency’s Low and Moderate Income Housing Fund, were transferred to the City.
This City of Hollister Housing Successor Annual Report (Report) has been prepared pursuant to California Health and Safety Code Sections 34176.1(f). This document reports on Fiscal Year (“FY”) 2021-22 housing successor finances and activities related to the Low and Moderate Income Housing Asset Fund (LMIHAF) as required by law.
The purpose of this Report is to provide the City Council in its capacity as the Housing Successor to the former City of Hollister Redevelopment Agency an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 3416.1 (Dissolution Law).
Housing successor agencies must also conduct an independent financial audit of the Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. The City’s Comprehensive Annual Financial Report for FY 2021-22 is still currently in review. When completed and available the report will be available on the City’s website. The K.1.a
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4 Comprehensive Annual Financial Report includes an audit of the Housing Asset Fund as part of the Housing Capital Projects Fund. The following Report is based upon information prepared by the City of Hollister staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund for Fiscal year 2021- 2022. This Report conforms with and is organized into Sections 1 through 13 pursuant to Section 34176.1 (f) of the Dissolution Law.
LOW MODERATE INCOME HOUSING ASSET FUND
1. Deposits into the Low Moderate Income Housing Fund in FY 2021/22 from loan agreements between the former Hollister Redevelopment Agency and the City of Hollister pursuant to 34919.4 (b) (3) (A) (§34176.1 (f)(1):
a. Repayment of loans and interest: $118,558
b. Recognized Obligation Payment Schedule property Tax: None
2. Deposits of funds to the Low Moderate Income Housing Fund from repayment of loans owed to the Low Moderate Income Housing Fund in FY 2021/22 in order to make payments to the Supplemental Educational Realignment Augmentation Fund from the former Hollister Redevelopment Agency pursuant to 34919.4 (b) (3) (B) (C) (§34176.1 (f)(2): None.
3. Balance of the Low Moderate Income Housing Asset Fund at the end for Fiscal Year 2021/22 and any amounts held for items listed on the Recognized Obligation Payment Schedule (§34176.1 (f)(3):
a. Low Moderate Income Housing Asset Fund Balance: $1,343,626 b. Recognized Obligation Payment Schedule Property Tax: None
4. Summary of Expenditures from the Low Moderate Income Housing Fund by Category (§34176.1 (f)(4):
Description of Expenditures Amount
1. Monitoring and preservation of long-term affordability covenants
$ 0
2. Homeless Prevention and Rapid Rehousing Services $ 0
3. Housing Development Expenditures $ 0
• Expenditures on Extremely Low Income Rental Units $ 0 • Expenditures on Very Low Income Units $ 0
• Expenditures on Low Income Units $ 0
5. Value of Housing Successor assets (§34176.1 (f)(5):
a. Real property: $110,000
b. Loans and grants receivable:
i. Loans with monthly payments
1. 7th & East Street
2. 9 Rustic
3. 41/51 Rustic
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5 ii. Estimated value of 190 Forgivable loans and/or loans with deferred payments: $15,295,843.
6. Description of transfers of Low Moderate Income Housing Funds (LMIHAF) to other Housing Successor’s. (§34176.1 (f) (6): The City of Hollister did not make any LMIHAF transfers to other Housing Successor(s) under §34176.1 (c) (2) during the Fiscal Year.
7. Description of any project that received property tax on the Recognized Obligation Payme nt Schedule during FY 2021/22 (§34176.1 (f) (7): The former City of Hollister Redevelopment Agency entered into an agreement with Hollister Investment Group in 2010 to provide tenant based rental assist to ten very-low income senior apartments at the Prospect Villa Senior Apartments, until the end of 2019, in the amount of $50,000 per year. The Recognized Obligations Payment Schedule (ROPS) for Prospect Villa ended in 2019 with the completion of the agreement. Due to complex issues surrounding COVID-19 staff continued to provide assistance through Fiscal Year 2021-22. In 2022,Staff completed Resolution 2022-02 for a supplemental appropriation to continue to provide rental assistance in the amount not to exceed $250,000. This agreement is not considered a ROPS.
8. Status of real property acquired by the former RDA (§34176.1 (f)(8):
a. Prior to 2/1/2012: The property at 1191 Sunnyslope Road was developed for transitional housing with assistance from the Low Moderate Income Housing Funds of the former Hollister Redevelopment Agency and continues to be leased to the Emmaus House with rental restrictions for said use. It has come to staff’s attention that the property inadvertently was not transferred from the City of Hollister to the Hollister Redevelopment Agency in 1996. It is possible the property is owned by the City of Hollister and should not be considered a housing asset of the former City of Hollister RDA.
b. After 2/1/2012: Not applicable – none purchased.
REPLACEMENT AND INCLUSIONARY HOUSING OBLIGATIONS
9. Description of outstanding obligations for replacement housing pursuant to Health and Safety Code §33413 (§34176.1 (f)(9): Replacement Housing:
According to the draft 2009-2014 Implementation Plan for the former Hollister Redevelopment Agency (RDA), no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The Hollister RDA was unable to adopt the update to the draft plan in 2011 due to prohibitions in the Dissolution Act and Voluntary Program Act. The draft 2009-2014 and 2005-2009 Implementation Plans did not identify a need for replacement housing and are posted on the City’s website at http://hollister.ca.gov/government/city-departments/development- services/successor-agency.
Inclusionary/Production Housing: Not applicable. According to the draft 2009- 2014 Implementation Plan for the former Hollister Redevelopment Agency (RDA), no Section 33413(b) inclusionary/production housing obligations were transferred to the K.1.a
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6 Housing Successor. The Hollister RDA was unable to adopt the update to the draft plan in 2011 due to prohibitions in the Dissolution Act and Voluntary Program Act.
The draft 2009-2014 and 2005-2009 Implementation Plans are posted on the City’s website at http://hollister.ca.gov/government/city-departments/development- services/successor-agency.
SENIOR HOUSING DEVELOPMENT PROPORTIONALITY
10. Cap on Use of Use of LMIHAF for Senior Housing. (§34176.1 (f)(11): Cap applicable in Fiscal Year 2021/2022: This report must include an accounting of deed-restricted senior rental units that were assisted by the Agency or City over the last ten years. If more than 50% of the total aggregate number of rental units assisted by the City or former Agency during the past 10 years are restricted to seniors, the City may not spend more Housing Asset Funds on senior rental housing. Over the past ten years, 44% of the deed restricted rental units developed or assisted was for seniors. The Housing Successor complies.
Deed Restricted Units Assisted in Hollister 2006 - 2021 Project Name Senior Units Non-Senior Units Total Units Gateway Palms 0 32 32
Vista Meadows 72 0 72
Prospect Villa 10 0 10
Hillview I 0 25 25
Hillview II 0 30 30
Rancho Park Apts. (rehab) 0 54 54
Rustic Garden Apts. (rehab) 0 19 19
Senior Sunrise Apts. 48 0 49
Percent of Total as of 16/17 130 (44%) 160 (55%) 290
HOUSING ASSET FUND DEPOSITS, EXPENDITURES AND ENDING
BALANCE
11. Deposits & Expenditures into the Low Moderate Income Housing Funds in FY 2021/22 (§34176.1 (f)(10):
a. Deposits: The balance of Repayment of loan(s) and interest: $182,267 b. Expenditures: $151,803
12. Excess Surplus Low Moderate Income Housing Asset Fund (LMIHAF) (§34176.1 (f)(12): Potential Surplus – Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. Excess surplus calculations were once performed by redevelopment agencies on an annual basis. The K.1.a
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7 excess surplus calculations are intended to ensure funds are expended to benefit low- income households in an expeditious manner. Generally speaking, funds should be encumbered (formally dedicated to a project through an executed agreement) within four years of receipt. SB 341 reinstated this calculation for housing successors. Since the dissolvent of Redevelopment Agency in 2012, the excess surplus test became effective in fiscal year ending in 2013. The first excess surplus test completed in fiscal year 2015/2016 to review the four previous years of deposits.
To complete the excess surplus calculation the first step is to determine the fund balance the end of the fiscal year. Next, add the previous four years of deposits. Then compare the value of the previous four years of deposits to the current fund balance. If the amount of deposits are in excess of $1 million deduct the total previous four years of deposits from the current fund balance to determine the excess surplus. If the deposits are less than $1 million and the current fund balance is greater than the deposits deduct $1 million from the current fund balance to determine the excess surplus.
Reviewing the table below, the fund balance of $1,340,945.18 is more than the sum of deposits made in the previous four fiscal years totaling $684,255.33. So the amount greater than $1million, $343,626, is the current excess surplus. The City of Hollister Housing Successor has had an excess surplus beginning with fiscal year 2015/16. As stated in state law, if the City of Hollister Housing Successor does not encumber the excess surplus within three fiscal years, by the end of FY 2019/20, the excess surplus funds will be transferred to the Community Development Department for expenditure pursuant to the Multi-family Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. However, at this time, the City of Hollister Housing Successor does not have any executed agreements, but in fiscal year 2022/23 the City of Hollister Housing Successor seeks to submit a request for proposal/qualification to fund a future affordable housing project. There are two current development areas that are constructing rental units for very-low and low-income that may benefit from additional funding to support the project. The projected surplus by the end of FY 2022/23 could be less than $1,000,000 if annual administrative and monitoring costs average about $350,000 per year. The fund balance will continue to be monitored in Fiscal Year 2022/23 to assure there is not an excess surplus.
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8 Excess Surplus Low Moderate Income Housing Asset Fund Analysis FY
2012/13
FY
2013/14
FY
2014/15
FY
2015/16
FY
2016/17
Beginning
Balance
($113,589) $2,757,119 $2,550,660 $2,376,181 $2,412,829
Add: Deposits $4,755,682 $ 86,534 $ 89,439 $ 418,099 $101,619 Expenditures1 $1,884,979 $ 292,993 $ 263,917 $ 381,451 $100,544 Ending
Balance
$2,757,119 $2,550,660 $2,376,182 $2,412,829 $2,413,904
Surplus2 $1,757,119 $1,550,660 $1,376,182 $1,412,829 $1,413,904 FY
2017/18
FY
2018/19
FY
2019/20
FY
2020/21
FY
2021/22
Beginning
Balance
$2,413,904 $1,226,805 $1,223,875 $1,287,5223 $1,313,1623 Add: Deposits $71,2433 $248,1843 $203,4363 $161,392 $182,267 Expenditures1 $1,258,342 $251,114 $139,790 $144,418 $151,803 Ending
Balance
$1,217,686 $1,218,149 $1,274,765 $1,304,496 $1,343,626
Surplus2 $217,686 $218,150 $274,765 $304,496 $343,626
Source: City of Hollister, Fund 851 accounting record
1 Expenditures can include the following information: The City may spend up to $200,000 per year on administration and monitoring, adjusted annually for inflation. The City may spend up to $250,000 annually on homeless prevention and repaid rehousing solutions for homelessness. Housing Asset Funds spent on projects or encumbered for planned projects.
2 Excess surplus is an unencumbered amount that exceeds the greater of $1 million or the aggregate amount deposited during the preceding four years, whichever is greater. Assuming the first year of Housing Asset Fund deposits is Fiscal Year Ending (FYE) 2013, when redevelopment agencies dissolved effective 2-1-2012. 3 Past deposits reflect total prior to budget adjustments completed after the report completed
INVENTORY OF HOMEOWNERSHIP UNITS ASSISTED
13. Inventory of homeownership units assisted by the former City of Hollister Redevelopment Agency, number of units (§34176.1(f)(13): The City must provide an inventory of any homeownership units assisted by the former Agency or City (as housing successor) that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies. An inventory of these properties is available for review at the City of Hollister Successor Agency website. http://hollister.ca.gov/government/city-departments/development- services/successor-agency/.
a. Number of units lost to the portfolio after February 12, 2012 and reason for loss.
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9 Year Unit Lost Reason
2021-22 1 Homeowner(s) repaid loan
b. Funds returned to the Hollister Successor Agency as part of an adopted program that protects the former Hollister Redevelopment Agency’s investment from the Low and Moderate Income Housing Funds. $0 c. Has the Hollister Housing Successor contracted for any outside entity for management of the units? No
INCOME EXPENDITURE PROPORTIONALITY
Compliance of the Hollister housing successor compliance with the Low Moderate and Income Housing Asset Fund expenditure requirements pursuant to §34176.1(a)(3)(A) for the period 2019-2024. The second, and current five year, compliance period is July 1, 2019 to June 30, 2024. See table labeled, “LMIHAF Expenditure Requirement Analysis for more detail.”
a. Administrative Cost Cap for monitoring of 5% of the statutory value of housing successor real property, loans and grants or $200,000 adjusted for inflation in any fiscal year to §34176.1(a)(1) of the amount of the assets is less than $200,000: Comply - The Housing Successor expended $0 for administrative costs in fiscal year 2021/22, which is 0% of the statutory value of the housing successor real property, loans and grants and less than $258,638 cap adjusted for inflation.
b. Homeless Prevention and Rapid Rehousing Services: Comply - The Housing Successor may expend up to $250,000 per fiscal year for homeless prevention and rapid rehousing services of individual and families who are homeless or would be homeless pursuant to §34176.1(a)(2). The City of Hollister spent $0 on homeless prevention services in Fiscal Year 2021/22, which is less than the limit of $250,000 per fiscal year.
c. Extremely Low Income Rental Housing: Comply/In Review- Section 34176.1(a) (3) (B) states that at least 30% of the LMIHAF FY 2021/22 fund balance not used for monitoring or homeless prevention and rapid rehousing services must be spent on rental housing for extremely-low income households. Expenditures are reviewed between a five-year periods to ensure regulation requirements. The first compliant period was 2014-2019 and the City of Hollister was compliant. In the current compliance period, 2019-2024, the Housing Successor has not expended any funding for extremely-low income units. The information is not required to be reported until 2024.
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10 d. Cap: 20% cap on use of LMIHAF on development of housing affordable to very low and low income households. Premature - Section 34176.1(a) (3) (B) limits the expenditure of the LMIHAF for affordable housing development that is not used for monitoring or homeless prevention and rapid rehousing services to 20% of the LMIHAF for households earning between 60 to 80% of the area median income between the next compliance period 2019-2024. The information is not required to be reported until 2024.
LMIHAF Expenditure Requirement Analysis
2014-2019 INCOME EXPENDITURE PROPORTIONALITY COMPLIANCE REVIEW
Expenditures from the Housing Asset Fund shall be limited to lower income households earning 80% or less of the AMI. In each five-year compliance period, not less than 30% of expenditures must be on development of rental housing affordable to households earning 30% or less of the AMI and not more than 20% of the expenditures must be on development of housing for households earning between 60% and 80% of the AMI. Failure to comply with the extremely low income requirement in any five-year compliance period will result in the City having to ensure that 50% of remaining funds be spent on development extremely low income rental units until in compliance. If the City exceeds the Fiscal
Year
Admin/
Monitoring
and
Preservation
Homeless
Prevention
Rapid
Rehousing
30%
Extremely
Low
Income
CAP
20%
60-80%
of Area
Median
Income
Unencumbered
Balance
12-13 $ 0 $ 0 $ 0 $ 0 $2,757,119 13-14 $277,814 $ 86,360 $ 0 $ 0 $2,550,660 14-15 $233,488 $ 43,429 $117,000 $ 0 $2,166,743 15-16 $381,451 $ 0 $ 0 $ 0 $2,412,829 16-17 $100,544 $ 0 $ 0 $ 0 $2,413,904 17-18 $258,342 $ 0 $1,000,000 $ 0 $1,226,805 18-19 $251,649 $ 0 $ 0 $ 0 $1,223,875 19-20 139,760.11 $ 0 $ 0 $ 0 $1,448,914 20-21 $144,418 $ 0 $ 0 $ 0 $ 1,304,496 21-22 $ 0 $ 0 $ 0 $ 0 $1,343,626 Estimated
Balance
22-23 $100,000 $ 250,000 $ 0 $993,626 K.1.a
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11 expenditure limit for households earning between 60% and 80% of the AMI in any five-year reporting period, it will not be allowed to expend any funds on these income categories until in compliance.
The first five-year compliance period began on January 1, 2014 (when SB 341 became effective) and ended on June 30, 2019. In the first compliance period, 2014-2019, the City of Hollister Housing Successor approved agreements in the amount of $1,117,000 to support extremely-low income rental projects. In the first compliance period, 2014-2019, the Housing Succor met all compliance requirements. The second, and current five year, compliance period is July 1, 2019 to June 30, 2024.
Note: Housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all of its funds in a single year on households earning between 60% and 80% AMI, as long as it was 20% or less of the total expenditures during the five-year compliance period.
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